53G-6-211. Proceedings arising from failure to attend public school.
(1)
Terms Used In Utah Code 53G-6-211
Minor: means an individual who is under 18 years old. See Utah Code 53G-6-201
Parent: includes :
(a)
a custodial parent of the minor;
(b)
a legally appointed guardian of a minor; or
(c)
any other person purporting to exercise any authority over the minor which could be exercised by a person described in Subsection (4)(a) or (b). See Utah Code 53G-6-201
(a)
When a proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, arises from a minor‘s failure to attend public school based upon the assertion of a constitutional or statutory right or duty, raised either by the minor, or by the minor’s parent, guardian, or custodian, the juvenile court shall hear the petition and resolve the issues associated with the asserted constitutional or statutory claims within 15 days after the day on which the petition is filed.
(b)
The parties may waive the time limitation described in this subsection.
(2)
Absent an emergency situation or other exigent circumstances, the juvenile court may not enter any order changing the educational status of the minor that existed at the time the petition was filed, until the hearing described in Subsection (1) is concluded.
(3)
A party proceeding under this section shall, insofar as it is possible, provide the juvenile court with factual stipulations and make all other efforts that are reasonably available to minimize the time required to hear the claims described in Subsection (1).
Renumbered and Amended by Chapter 261, 2021 General Session
