Utah Code 80-4-107. Record of proceedings — Written reports and other materials

80-4-107. Record of proceedings — Written reports and other materials — Statements of a child.

(1)	As used in this section, “record of a proceeding” means the same as that term is defined in Section 80-3-106.

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Terms Used In Utah Code 80-4-107

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

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

Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section 80-3-405 or 80-4-305 or 7. See Utah Code 80-1-102

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

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

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

(2)

A record of a proceeding under this chapter:

(a)	shall be taken in accordance with Section 80-3-106; and

(b)	may be requested for release as described in Section 80-3-106.

(3)

(a)

For purposes of determining proper disposition of a child in hearings upon a petition for termination of parental rights, written reports and other material relating to the child’s mental, physical, and social history and condition may be:

(i)	received in evidence; and

(ii)	considered by the court along with other evidence.

(b)	The court may require that an individual who wrote a report or prepared the material under Subsection (3)(a) to appear as a witness if the individual is reasonably available.

(4)	For the purpose of establishing abuse, neglect, or dependency under this chapter, the juvenile court may, in the juvenile court’s discretion, consider evidence of statements made by a child under eight years old to an individual in a trust relationship.

Amended by Chapter 334, 2022 General Session

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Utah Code 80-4-107. Record of proceedings — Written reports and other materials — Statements of a child

Terms Used In Utah Code 80-4-107