78A-2-704. Public policy regarding attorney guardian ad litem — Training.
| (1) |
An attorney guardian ad litem may not presume that a child and the child’s parent are adversaries. |
Terms Used In Utah Code 78A-2-704
- Attorney guardian ad litem: means an attorney employed by the office. See Utah Code 78A-2-702
- Guardian: 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: includes a person who:Utah Code 68-3-12.5
- Guardian ad litem: means an attorney guardian ad litem or a private attorney guardian ad litem. See Utah Code 78A-2-702
- Office: means the Office of Guardian ad Litem, created in Section 78A-2-802. See Utah Code 78A-2-702
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (2) |
An attorney guardian ad litem shall be trained on and implement into practice:
| (a) |
the parental rights and child and family protection principles provided in Section 80-2a-201; |
| (b) |
the fundamental liberties of parents and the public policy of the state to support family unification to the fullest extent possible; |
| (c) |
the constitutionally protected rights of parents, in cases where the state is a party; |
| (d) |
the use of a least restrictive means analysis regarding state claims of a compelling child welfare interest; |
| (e) |
the priority of maintaining a child safely in the child’s home, whenever possible; |
| (f) |
the importance of:
| (i) |
kinship placement, in the event the child is removed from the home; and |
| (ii) |
keeping sibling groups together, whenever practicable and in the best interests of the children; |
|
| (g) |
the preference for kinship adoption over nonkinship adoption, if the parent-child relationship is legally terminated; |
| (h) |
the potential for a guardianship placement if the parent-child relationship is legally terminated and no appropriate adoption placement is available; and |
| (i) |
the use of an individualized permanency plan, only as a last resort. |
|
| (3) |
The office shall implement policies and practice guidelines that reflect the priorities described in Subsections (2)(e) through (i) for the placement of children. |
Amended by Chapter 335, 2022 General Session
