80-3-401.  Pretrial and adjudication hearing — Time deadlines.

(1) 

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Terms Used In Utah Code 80-3-401

  • 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
  • Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102
  • 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
  • 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
  • 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
  • (a)  Upon the filing of an abuse, neglect, or dependency petition, the clerk of the juvenile court shall set the pretrial hearing on the petition within 15 calendar days after the later of:

    (i)  the day on which the shelter hearing is held; or

    (ii)  the day on which the abuse, neglect, or dependency petition is filed.

    (b)  The pretrial hearing may be continued upon motion of any party for good cause shown as described in Utah Rules of Juvenile Procedure, Rule 54.
  • (2)  The final adjudication hearing shall be held no later than 60 calendar days after the later of:

    (a)  the day on which the shelter hearing is held; or

    (b)  the day on which the abuse, neglect, or dependency petition is filed.

    Renumbered and Amended by Chapter 261, 2021 General Session