26B-7-306. Involuntary order of restriction — Notice — Effect of order during judicial review.
| (1) |
If the department or local health department cannot obtain consent to the order of restriction from an individual, or if an individual withdraws consent to an order under Subsection 26B-7-305(1)(b)(iv)(B), the department or local health department shall:
Terms Used In Utah Code 26B-7-306- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
- Order of restriction: means an order issued by a department or a district court which requires an individual or group of individuals who are subject to restriction to submit to an examination, treatment, isolation, or quarantine. See Utah Code 26B-7-301
| (a) |
give the individual or group of individuals subject to the order of restriction a written notice of:
| (i) |
the order of restriction and any supporting documentation; and |
| (ii) |
the individual’s right to a judicial review of the order of restriction; and |
|
| (b) |
file a petition for a judicial review of the order of restriction under Section 26B-7-309 in court within:
| (i) |
five business days after issuing the written notice of the order of restriction; or |
| (ii) |
if consent has been withdrawn under Subsection 26B-7-305(1)(b)(iv)(B), within five business days after receiving notice of the individual’s withdrawal of consent. |
|
|
| (2) |
| (a) |
An order of restriction remains in effect during any judicial proceedings to review the order of restriction if the department or local health department files a petition for judicial review of the order of restriction within the period of time required by this section. |
| (b) |
Law enforcement officers with jurisdiction in the area where the individual who is subject to the order of restriction can be located shall assist the department or local health department with enforcing the order of restriction. |
|
Renumbered and Amended by Chapter 308, 2023 General Session
