Utah Code 80-4-106. Individuals entitled to be present at proceedings — Legal representation — Attorney general responsibilities

80-4-106. Individuals entitled to be present at proceedings — Legal representation — Attorney general responsibilities.

(1)

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Terms Used In Utah Code 80-4-106

Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
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

Guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102

Indigent defense service provider: means the same as that term is defined in Section 78B-22-102. See Utah Code 80-1-102

Indigent defense services: means the same as that term is defined in Section 78B-22-102. See Utah Code 80-1-102

Indigent individual: means the same as that term is defined in Section 78B-22-102. See Utah Code 80-1-102

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

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 Termination of parental rights: means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order. See Utah Code 80-1-102
(a)	The parties shall be advised of the parties’ right to counsel, including the appointment of counsel for a parent or guardian facing any action initiated by a private party under this chapter or under Section 78B-6-112 for termination of parental rights.

(b)

If a parent or guardian is the subject of a petition for the termination of parental rights, the juvenile court shall:

(i)	appoint an indigent defense service provider for a parent or guardian determined to be an indigent individual in accordance with 2; and

(ii)	order indigent defense services for the parent or guardian who is determined to be an indigent individual in accordance with 2.

(c)	In any action under this chapter, a guardian ad litem, as defined in Section 78A-2-801, shall represent the child in accordance with Sections 78A-2-803 and 80-3-104.

(2)

Subject to Section 67-5-17 and the attorney general’s prosecutorial discretion in civil enforcement actions, the attorney general shall, in accordance with Section 80-2-303, enforce this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, Removal and Protective Custody of a Child, relating to the termination of parental rights.

(3)

(a)

The juvenile court shall admit any individual to a hearing unless the juvenile court makes a finding upon the record that the individual’s presence at the hearing would:

(i)	be detrimental to the best interest of a child who is a party to the proceeding;

(ii)	impair the fact-finding process; or

(iii)

be otherwise contrary to the interests of justice.

(b)	The juvenile court may exclude an individual from a hearing under Subsection (3)(a) on the juvenile court’s own motion or by motion of a party to the proceeding.

Amended by Chapter 334, 2022 General Session

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