| (1) |
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Terms Used In Utah Code 80-3-503- 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- Attorney guardian ad litem: means the same as that term is defined in Section 78A-2-801. 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
- 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:
| (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- Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
| (b) | an individual:| (i) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense; |
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| (ii) | | (A) | who is at least 18 years old and younger than 25 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or |
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| (iii) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). 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 |
| (a) |
A minor who is 18 years old or older, but younger than 21 years old, may petition the juvenile court to express the minor’s desire to have the minor be removed from the custody of the division if the minor is in the division’s custody on grounds of abuse, neglect, or dependency. |
| (b) |
If the minor’s parent’s rights have not been terminated in accordance with Chapter 4, Termination and Restoration of Parental Rights, the minor’s petition described in Subsection (1)(a) shall contain a statement from the minor’s parent or guardian agreeing that the minor should be removed from the custody of the division. |
| (c) |
The minor and the minor’s parent or guardian shall sign the petition described in Subsection (1)(a). |
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| (2) |
The juvenile court shall:
| (a) |
review the petition described in Subsection (1)(a) within 14 days after the day on which the petition is filed; and |
| (b) |
remove the minor from the custody of the division if:
| (i) |
the requirements under Subsections (1)(b) and (c) are met; and |
| (ii) |
the court finds, based on input from the division, the minor’s attorney guardian ad litem, and the Office of the Attorney General, that the minor does not pose an imminent threat to self or others. |
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| (3) |
| (a) |
A minor removed from custody of the division under this section may, within 90 days after the day on which the minor is removed from custody of the division, petition the court to re-enter custody of the division. |
| (b) |
Upon receiving a petition described in Subsection (3)(a), the juvenile court shall order the division to take custody of the minor based on the findings the juvenile court entered when the juvenile court originally vested custody of the minor in the division. |
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Enacted by Chapter 261, 2021 General Session
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