Utah Code 80-3-304. Second medical opinion in cases of alleged medical neglect

80-3-304. Second medical opinion in cases of alleged medical neglect.

(1)

In cases of alleged medical neglect where the division seeks protective custody, temporary custody, or custody of the child based on the report or testimony of a physician, a parent or guardian shall have a reasonable amount of time, as determined by the juvenile court, to obtain a second medical opinion from another physician of the parent’s or guardian‘s choosing who has expertise in the applicable field.

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Terms Used In Utah Code 80-3-304

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
Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102
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:

(a)

marriage;

(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

Harm: means :

(a)	physical or developmental injury or damage;

(b)	emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning;

(c)	sexual abuse; or

(d)

sexual exploitation. 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

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 Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2)	Unless there is an imminent risk of death or a deteriorating condition of the child’s health, the child shall remain in the custody of the parent or guardian while the parent or guardian obtains a second medical opinion.

(3)

If the second medical opinion results in a different diagnosis or treatment recommendation from that of the opinion of the physician the division used, the juvenile court shall give deference to the second medical opinion as long as that opinion is reasonable and informed and is consistent with treatment that is regularly prescribed by medical experts in the applicable field.

(4)

Subsections (1) through (3) do not apply to emergency treatment or care when the child faces an immediate threat of death or serious and irreparable harm and when there is insufficient time to safely allow the parent or guardian to provide alternative necessary care and treatment of the parent’s or guardian’s choosing.

Renumbered and Amended by Chapter 261, 2021 General Session

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