Utah Code 80-3-306. Outstanding arrest warrant check before return of custody

80-3-306. Outstanding arrest warrant check before return of custody.

(1)

Before the division may recommend that a child who is in protective custody, temporary custody, or custody of the division be returned to the custody of a parent or guardian of the child, the division shall determine whether the parent or guardian has an outstanding felony arrest warrant in any state where the parent or guardian has resided or in any state where an immediate family member of the parent or guardian resides.

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Terms Used In Utah Code 80-3-306

Arrest: Taking physical custody of a person by lawful authority.
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

Immediate family member: means a spouse, child, parent, sibling, grandparent, or grandchild. See Utah Code 80-3-102

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 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Temporary custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102
(2)	The division shall file the results of the felony arrest warrant check with the juvenile court.

(3)

(a)	If the parent or guardian of a child who is in protective custody, temporary custody, or custody of the division has an outstanding arrest warrant in any state, the juvenile court may deny the return of the child to the custody of the parent or guardian.

(b)	When making a determination described in Subsection (3)(a), the juvenile court shall consider the best interest of the child.

Renumbered and Amended by Chapter 261, 2021 General Session

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