| (1) |
As used in this section, “postadjudication hearing” means:
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Terms Used In Utah Code 80-3-108- 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- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
- 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
- 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.
- 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- Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
- Testify: Answer questions in court.
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| (a) |
a dispositional hearing; |
| (b) |
a permanency hearing; or |
| (c) |
a review hearing, except a drug court review hearing. |
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| (2) |
A minor shall be present at any postadjudication hearing in a case relating to the abuse, neglect, or dependency of the minor, unless the juvenile court determines that:
| (a) |
requiring the minor to be present at the postadjudication hearing would be detrimental to the minor or impractical; or |
| (b) |
the minor is not sufficiently mature to articulate the minor’s wishes in relation to the hearing. |
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| (3) |
A juvenile court may, in the juvenile court’s discretion, order that a minor described in Subsection (2) be present at a hearing that is not a postadjudication hearing. |
| (4) |
| (a) |
Except as provided in Subsection (4)(b), at any hearing in a case relating to the abuse, neglect, or dependency of a minor, when the minor is present at the hearing, the juvenile court shall:
| (i) |
ask the minor whether the minor desires the opportunity to address the juvenile court or testify; and |
| (ii) |
if the minor desires an opportunity to address the juvenile court or testify, allow the minor to address the juvenile court or testify. |
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| (b) |
Subsection (4)(a) does not apply if the juvenile court determines that:
| (i) |
it would be detrimental to the minor to comply with Subsection (4)(a); or |
| (ii) |
the minor is not sufficiently mature to articulate the minor’s wishes in relation to the hearing. |
|
| (c) |
Subject to applicable court rules, the juvenile court may allow the minor to address the court in camera. |
| (d) |
If a minor 14 years old or older desires an opportunity to address the juvenile court or testify, the juvenile court shall give the minor’s desires added weight, but may not treat the minor’s desires as the single controlling factor in a postadjudication hearing or other hearing described in Subsection (3). |
| (e) |
For the purpose of establishing the fact of abuse, neglect, or dependency, the juvenile court may, in the juvenile court’s discretion, consider evidence of statements made by a child under eight years old to an individual in a trust relationship. |
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| (5) |
This section does not prohibit a minor from being present at a hearing that the minor is not required to be at under this section or by court order, unless the juvenile court orders otherwise. |
Renumbered and Amended by Chapter 261, 2021 General Session
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