Section 102 – Certain agreements to confess judgment void.
Effective 5/12/2020 78B-23-102. Certain agreements to confess judgment void. (1) Except as provided in Subsection (2), parties may execute an agreement or stipulation to confess judgment before a default giving rise to an action. (2) (a) In an employment contract or a consumer credit contract, an agreement or stipulation to confess judgment is void if […]
Section 102 – Limitations on applicability.
Effective 5/4/2022 78B-24-102. Limitations on applicability. This chapter does not apply to custody of an Indian child, as defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903, to the extent governed by the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 through 1963. Enacted by Chapter 326, 2022 General Session
Section 202 – Applicability.
Effective 5/4/2022 78B-24-202. Applicability. This part does not apply to a transfer of custody of a child by a parent or guardian of the child to: (1) a parent of the child; (2) a stepparent of the child; (3) an adult who is related to the child by blood, marriage, or adoption; (4) an adult […]
Section 203 – Prohibited custody transfer.
Effective 5/4/2022 78B-24-203. Prohibited custody transfer. (1) Except as provided in Subsection (2), a parent or guardian of a child, or an individual with whom a child has been placed for adoption, may not transfer custody of the child to another person with the intent, at the time of the transfer, to abandon the rights […]
Section 204 – Authority and responsibility of the Division of Child and Family Services.
Effective 5/4/2022 78B-24-204. Authority and responsibility of the Division of Child and Family Services. (1) If the Division of Child and Family Services has a reasonable basis to believe that a person has transferred or will transfer custody of a child in violation of Subsection 78B-24-203(1), the Division of Child and Family Services may conduct […]
Section 205 – Prohibited soliciting or advertising.
Effective 5/4/2022 78B-24-205. Prohibited soliciting or advertising. (1) A person may not solicit or advertise to: (a) find a person to which to make a transfer of custody in violation of Subsection 78B-24-203(1); (b) identify a child for a transfer of custody in violation of Subsection 78B-24-203(3); or (c) act as an intermediary in a […]
Section 804 – Child Welfare Parental Representation Fund — Contracts for coverage by the fund.
Effective 5/5/2021 78B-22-804. Child Welfare Parental Representation Fund — Contracts for coverage by the fund. (1) There is created an expendable special revenue fund known as the “Child Welfare Parental Representation Fund.” (2) Subject to availability, the office may make distributions from the fund for the following purposes: (a) to pay for indigent defense resources […]
Section 805 – Interdisciplinary Parental Representation Pilot Program.
Affected by 63I-1-278 on 12/31/2024 Effective 5/4/2022 78B-22-805. Interdisciplinary Parental Representation Pilot Program. (1) As used in this section: (a) “Program” means the Interdisciplinary Parental Representation Pilot Program created in this section. (b) “Social worker” means an individual who is licensed as: (i) a clinical social worker; (ii) a certified social worker; (iii) a marriage […]
Section 902 – Indigent Appellate Defense Division.
Effective 5/12/2020 78B-22-902. Indigent Appellate Defense Division. There is created the Indigent Appellate Defense Division within the Office of Indigent Defense Services. Enacted by Chapter 371, 2020 General Session Technically renumbered to avoid duplication of section number also enacted in SB175, Chapter 395.
Section 903 – Powers and duties of the division.
Effective 5/4/2022 78B-22-903. Powers and duties of the division. (1) The division shall: (a) provide appellate defense services: (i) for an appeal under Section 77-18a-1, in counties of the third, fourth, fifth, and sixth class; and (ii) for an action or an appeal for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act, if […]