| (i) | | (A) | nonaccidental harm of a child; |
| (B) | threatened harm of a child; |
| (E) | human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102Allegation: something that someone says happened.Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102Custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102Dependent: A person dependent for support upon another.Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102Educational neglect: means that, after receiving a notice of compulsory education violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to ensure that the child receives an appropriate education. See Utah Code 80-1-102Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:| (b) | enlistment in the armed forces; |
| (c) | major medical, surgical, or psychiatric treatment; or |
| (d) | legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102Neglect: means action or inaction causing:| (i) | abandonment of a child, except as provided in 5; |
| (ii) | lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian; |
| (iii) | failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being; |
| (iv) | a child to be at risk of being neglected or abused because another child in the same home is neglected or abused; |
| (v) | abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or |
| (vi) | educational neglect. See Utah Code 80-1-102Person: means :Utah Code 68-3-12.5Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:| (a) | the day on which the shelter hearing is held under Section 80-3-301; or |
| (b) | the day on which the child is returned home. See Utah Code 80-1-102Shelter: means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction. See Utah Code 80-1-102Temporary custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102 |
| (2) |
A person described in Subsection (1) shall make a referral with the division before the person files an abuse, neglect, or dependency petition. |
| (3) |
If a child who is the subject of an abuse, neglect, or dependency petition is removed from the child’s home by the division, the petition shall be filed on or before the day on which the initial shelter hearing described in Section 80-3-301 is held. |
| (4) |
An abuse, neglect, or dependency petition shall include:
| (a) |
a concise statement of facts, separately stated, to support the conclusion that the child upon whose behalf the abuse, neglect, or dependency petition is brought is abused, neglected, or dependent; and |
| (b) |
a statement regarding whether the child is in protective custody, and if so, the date and precise time the child was taken into protective custody. |
|
| (5) |
| (a) |
Upon the filing of an abuse, neglect, or dependency petition, the petitioner shall serve the petition and notice on:
| (i) |
the guardian ad litem; |
| (ii) |
both parents and any guardian of the child; and |
| (iii) |
the child’s foster parents. |
|
| (b) |
The notice described in Subsection (5) shall contain all of the following:
| (i) |
the name and address of the person to whom the notice is directed; |
| (ii) |
the date, time, and place of the hearing on the petition; |
| (iii) |
the name of the child on whose behalf the petition is brought; |
| (iv) |
a statement that the parent or guardian to whom notice is given, and the child, are entitled to have an attorney present at the hearing on the petition, and that if the parent or guardian is indigent and cannot afford an attorney, and desires to be represented by an attorney, one will be provided; and |
| (v) |
a statement that the parent or guardian is liable for the cost of support of the child in the protective custody, temporary custody, and custody of the division, and for legal counsel appointed for the parent or guardian under Subsection (5)(b)(iv), according to the parent’s or guardian’s financial ability. |
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| (6) |
The petitioner shall serve the abuse, neglect, or dependency petition and notice under this section on all individuals described in Subsection (5)(a) as soon as possible after the petition is filed and at least five days before the day on which the hearing is set. |
| (7) |
The juvenile court may dismiss an abuse, neglect, or dependency petition at any stage of the proceedings. |
| (8) |
If an abuse, neglect, or dependency petition includes an allegation of educational neglect, Sections 53G-6-210 and 53G-6-211 are applicable to the proceedings under this chapter. |
Amended by Chapter 334, 2022 General Session
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