| (1) |
In a proceeding under this chapter, the juvenile court:
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Terms Used In Utah Code 80-3-109- 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- 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
- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102
- 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.
- 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- 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- Therapist: means :
| (a) | an individual employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in the division's or agency's custody; or |
| (b) | any other individual licensed or approved by the state for the purpose of conducting psychological treatment and counseling. See Utah Code 80-1-102 |
| (a) |
may appoint any mental health therapist, as defined in Section 58-60-102, who the juvenile court finds to be qualified to:
| (i) |
evaluate the mental health of a minor or provide mental health services to the minor; or |
| (ii) |
after notice and a hearing set for the specific purpose, evaluate the mental health of the minor’s parent or guardian or provide mental health services to the parent or guardian if the juvenile court finds from the evidence presented at the hearing that the parent’s or guardian’s mental or emotional condition may be a factor in causing the abuse, neglect, or dependency of the minor; or |
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| (b) |
may appoint a physician, or a physician assistant, who the juvenile court finds to be qualified to:
| (i) |
physically examine the minor; or |
| (ii) |
after notice and a hearing set for the specific purpose, physically examine the minor’s parent or guardian if the juvenile court finds from the evidence presented at the hearing that the parent’s or guardian’s physical condition may be a factor in causing the abuse, neglect, or dependency of the minor. |
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| (2) |
The juvenile court may not refuse to appoint a mental health therapist under Subsection (1) for the reason that the therapist’s recommendations in another case did not follow the recommendations of the division. |
| (3) |
The division shall, with regard to a minor in the division’s custody:
| (a) |
take reasonable measures to notify a minor’s parent or guardian of any non-emergency health treatment or care scheduled for a minor; |
| (b) |
include the minor’s parent or guardian as fully as possible in making health care decisions for the minor; |
| (c) |
defer to the minor’s parent’s or guardian’s reasonable and informed decisions regarding the minor’s health care to the extent that the minor’s health and well-being are not unreasonably compromised by the parent’s or guardian’s decision; and |
| (d) |
notify the minor’s parent or guardian within five business days after the day on which the minor receives emergency health care or treatment. |
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| (4) |
An examination conducted in accordance with Subsection (1) is not a privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general rule of privilege. |
| (5) |
Subsection (1) applies to a proceeding under this chapter involving:
| (a) |
parents and minors; or |
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Amended by Chapter 334, 2022 General Session
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