78A-6-352. Appearances — Parents, guardian, or custodian to appear with minor or child — Failure to appear — Warrant of arrest, when authorized — Parent’s, guardian‘s, or custodian’s employer to grant time off — Appointment of guardian ad litem.
| (1) |
If a person is required to appear in a proceeding in the juvenile court and the person fails, without reasonable cause, to appear before the juvenile court, the juvenile court may issue a bench warrant to produce the person in court. |
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
For details, see
Utah Code § 76-3-204Terms Used In Utah Code 78A-6-352
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- Person: means :Utah Code 68-3-12.5
- Summons: Another word for subpoena used by the criminal justice system.
| (2) |
If a child is required to appear in juvenile court, the child’s parent, guardian, or custodian shall appear with the child in the juvenile court, unless the child’s parent, guardian, or custodian is excused by the juvenile court. |
| (3) |
| (a) |
A child’s parent, guardian, or custodian may request permission from the parent’s, guardian’s, or custodian’s employer to leave the workplace for the purpose of attending court if the parent, guardian, or custodian is notified by the juvenile court that the child is required to appear before the court. |
| (b) |
An employer must grant the parent, guardian, or custodian permission to leave the workplace with or without pay if the parent, guardian, or custodian requests permission at least seven days in advance or within 24 hours of the parent, guardian, or custodian receiving notice of the hearing. |
|
| (4) |
| (a) |
If a parent, guardian, custodian or other person to whom a child is released, signed a written promise to appear and bring the child to juvenile court under Section 80-6-203 and fails to appear and bring the child to the juvenile court on the date set in the promise or, if the date was to be set, after notification by the juvenile court, a warrant may be issued for the apprehension of the parent, guardian, custodian, or other person. |
| (b) |
A willful failure to perform the promise described in Subsection (4)(a) is a class B misdemeanor if, at the time of the execution of the promise, the promisor is given a copy of the promise that clearly states a failure to appear and have the child appear as promised is a class B misdemeanor. |
|
| (5) |
| (a) |
A juvenile court shall make every effort to ensure the presence of the parent, guardian, or custodian of a child at all hearings through the use of a warrant of arrest, if necessary, or by other means. |
| (b) |
A juvenile court may appoint a guardian ad litem whenever necessary for the welfare of a child, regardless of whether the child’s parent or guardian is present at the juvenile court proceedings. |
|
| (6) |
A juvenile court may issue a warrant for a child’s parent, guardian, or custodian if:
| (a) |
a summons is issued but cannot be served; |
| (b) |
it appears to the juvenile court that the person to be served will not obey the summons; or |
| (c) |
serving the summons will be ineffectual. |
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Renumbered and Amended by Chapter 261, 2021 General Session
