| (1) |
After an abuse, neglect, or dependency petition is filed, the juvenile court may make an order:
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Terms Used In Utah Code 80-3-203- 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
- 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
- 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
- Protective services: means expedited services that are provided:
| (a) | in response to evidence of neglect, abuse, or dependency of a child; |
| (b) | to a cohabitant who is neglecting or abusing a child, in order to:| (i) | help the cohabitant develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse; and |
| (ii) | strengthen the cohabitant's ability to provide safe and acceptable care; and |
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| (c) | in cases where the child's welfare is endangered:| (i) | to bring the situation to the attention of the appropriate juvenile court and law enforcement agency; |
| (ii) | to cause a protective order to be issued for the protection of the child, when appropriate; and |
| (iii) | to protect the child from the circumstances that endanger the child's welfare including, when appropriate:| (A) | removal from the child's home; |
| (B) | placement in substitute care; and |
| (C) | petitioning the court for termination of parental rights. See Utah Code 80-1-102- 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
- Temporary custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102
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| (a) |
providing for temporary custody of the child who is the subject of the petition; or |
| (b) |
that the division provide protective services to the child who is the subject of the petition if the juvenile court determines that:
| (i) |
the child is at risk of being removed from the child’s home due to abuse or neglect; and |
| (ii) |
the provision of protective services may make the removal described in Subsection (1)(b)(i) unnecessary. |
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| (2) |
| (a) |
The juvenile court shall hold an expedited hearing to determine whether a child should be placed in temporary custody if:
| (i) |
a person files an abuse, neglect, or dependency petition; |
| (ii) |
a party to the proceeding files a motion for expedited placement in temporary custody; and |
| (iii) |
notice of the hearing described in this Subsection (1)(a) is served consistent with the requirements for notice of a shelter hearing under Section 80-3-301. |
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| (b) |
The hearing described in Subsection (2)(a):
| (i) |
shall be held within 72 hours, excluding weekends and holidays, after the time in which the motion described in Subsection (2)(a)(ii) is filed; and |
| (ii) |
shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of Juvenile Procedure, Rule 13. |
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| (3) |
| (a) |
The hearing and notice described in Subsection (1) are subject to:
| (iii) |
the Utah Rules of Juvenile Procedure. |
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| (b) |
After the hearing described in Subsection (1), the juvenile court may order a child placed in the temporary custody of the division. |
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Enacted by Chapter 261, 2021 General Session
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