80-3-207.  Modification of petition — Continuance.

(1)  When it appears in a proceeding under this chapter that evidence presented points to material facts not alleged in the abuse, neglect, or dependency petition, the juvenile court may consider the additional or different matters raised by the evidence if the parties consent.

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Terms Used In Utah Code 80-3-207

  • Abuse: means :
(i) 
(A) nonaccidental harm of a child;
(B) threatened harm of a child;
(C) sexual exploitation;
(D) sexual abuse; or
(E) human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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.
  • 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
    (2)  The juvenile court on motion of any interested party, or on the juvenile court’s own motion, shall direct that the abuse, neglect, or dependency petition be amended to conform to the evidence described in Subsection (1).

    (3)  If the amendment described in Subsection (2) results in a substantial departure from the facts originally alleged in the abuse, neglect, or dependency petition, the juvenile court shall grant a continuance as justice may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.

    Enacted by Chapter 261, 2021 General Session

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