| (1) |
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Terms Used In Utah Code 80-3-104- Abuse: means :
| (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 80-1-102- Attorney guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102
- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
- Custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102
- dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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: 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 80-1-102- Guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102
- Indigent defense service provider: means the same as that term is defined in Section 78B-22-102. See Utah Code 80-1-102
- Indigent defense services: means the same as that term is defined in Section 78B-22-102. See Utah Code 80-1-102
- Indigent individual: means the same as that term is defined in Section 78B-22-102. See Utah Code 80-1-102
- Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
| (b) | an individual:| (i) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense; |
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| (ii) | | (A) | who is at least 18 years old and younger than 25 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or |
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| (iii) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102- Neglect: 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 80-1-102- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Protective 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 80-1-102- Relative: means an adult who:
| (a) | is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling; |
| (b) | is a first cousin of the child's parent; |
| (c) | is a permanent guardian or natural parent of the child's sibling; or |
| (d) | in the case of a child who is an Indian child, is an extended family member as defined in the Indian Child Welfare Act, 25 U. See Utah Code 80-3-102- Shelter: means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction. See Utah Code 80-1-102
- Termination of parental rights: means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order. See Utah Code 80-1-102
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| (a) |
A minor who is the subject of a juvenile court hearing, any person entitled to notice under Section 80-3-201 or 80-3-301, preadoptive parents, foster parents, and any relative providing care for the minor, are:
| (i) |
entitled to notice of, and to be present at, each hearing and proceeding held under this chapter, including administrative reviews; and |
| (ii) |
have a right to be heard at each hearing and proceeding described in Subsection (1)(a)(i). |
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| (b) |
A child’s right to be present at a hearing under Subsection (1)(a) is subject to the discretion of the guardian ad litem appointed under Subsection (3) or the juvenile court regarding any possible detriment to the child. |
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| (2) |
| (a) |
The parent or guardian of a minor who is the subject of an abuse, neglect, or dependency petition has the right to be represented by counsel, and to present evidence, at each hearing. |
| (b) |
If a parent or guardian is the subject of an abuse, neglect, or dependency petition, the juvenile court shall:
| (i) |
appoint an indigent defense service provider for a parent or guardian determined to be an indigent individual in accordance with 2; and |
| (ii) |
order indigent defense services for the parent or guardian who is determined to be an indigent individual in accordance with 2. |
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| (3) |
| (a) |
In an abuse, neglect, or dependency proceeding under this chapter, the juvenile court shall order that the child be represented by an attorney guardian ad litem, in accordance with Section 78A-2-803. |
| (b) |
A guardian ad litem appointed under Subsection (3)(a) shall represent the best interest of the minor, in accordance with the requirements of Section 78A-2-803:
| (ii) |
in other actions initiated under this chapter when appointed by the court under Section 78A-2-803 or as otherwise provided by law. |
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| (4) |
Subject to Section 67-5-17 and the attorney general’s prosecutorial discretion in civil enforcement actions, the attorney general shall, in accordance with Section 80-2-303, enforce this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, Removal and Protective Custody of a Child, relating to protection or custody of an abused, neglected, or dependent minor and the termination of parental rights. |
| (5) |
| (a) |
The juvenile court shall admit any individual to a hearing under this chapter, including a hearing under Section 80-3-205, unless the juvenile court makes a finding upon the record that the individual’s presence at the hearing would:
| (i) |
be detrimental to the best interest of a minor who is a party to the proceeding; |
| (ii) |
impair the fact-finding process; or |
| (iii) |
be otherwise contrary to the interests of justice. |
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| (b) |
The juvenile court may exclude an individual from a hearing under Subsection (5)(a) on the juvenile court’s own motion or by motion of a party to the proceeding. |
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Amended by Chapter 334, 2022 General Session
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