Utah Code 80-4-108. Physical or mental health examination during proceedings

80-4-108. Physical or mental health examination during proceedings.

(1)

In a proceeding under this chapter, the juvenile court may appoint any mental health therapist, as defined in Section 58-60-102, who the juvenile court finds to be qualified to:

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Terms Used In Utah Code 80-4-108

Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-4-102
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.
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

Therapist: means :

(a)	an individual employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in the division's or agency's custody; or

(b)	any other individual licensed or approved by the state for the purpose of conducting psychological treatment and counseling. See Utah Code 80-1-102
(a)	evaluate the mental health of, or provide mental health services to, the child; or

(b)

after notice and a hearing set for the specific purpose, evaluate the mental health of a parent, or provide mental health services to a parent, if the juvenile court finds from the evidence presented at the hearing that the parent’s mental or emotional condition may be a factor in the parent’s unfitness.

(2)

The juvenile court:

(a)	may not refuse to appoint a mental health therapist under Subsection (1) for the reason that the therapist’s recommendations in another case did not follow the recommendations of the division or the Office of Guardian Ad Litem; and

(b)	shall give strong consideration to the parent’s or guardian‘s wishes regarding the selection of a mental health therapist.

(3)

In a proceeding under this chapter, the juvenile court may appoint a physician, or a physician assistant, who the court finds to be qualified to:

(a)	physically examine the child; or

(b)	after notice and a hearing set for a specific purpose, physically examine the parent if the juvenile court finds from the evidence presented at the hearing that the parent’s physical condition may be a factor in causing the parent’s unfitness.

(4)

The division shall, with regard to a child in the division’s custody:

(a)	take reasonable measures to notify a parent of any non-emergency health treatment or care scheduled for a child;

(b)	include the parent as fully as possible in making health care decisions for the child;

(c)	defer to the parent’s reasonable and informed decisions regarding the child’s health care to the extent that the child’s health and well-being are not unreasonably compromised by the parent’s decision; and

(d)	notify the parent of the child within five business days after the day on which the child receives emergency health care or treatment.

(5)	An examination conducted in accordance with Subsection (1) or (2) is not a privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general rule of privilege.

(6)

This section applies to all juvenile court proceedings under this chapter involving:

(a)	parents and children; or

(b)	the division.

Renumbered and Amended by Chapter 261, 2021 General Session

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