Section 105 – Effect of decree.
Effective 9/1/2022 80-4-105. Effect of decree. (1) An order for the termination of parental rights divests the child and the parents of all legal rights, powers, immunities, duties, and obligations with respect to each other, except the right of the child to inherit from the parent. (2) An order or decree entered under this chapter […]
Section 106 – Individuals entitled to be present at proceedings — Legal representation — Attorney general responsibilities.
Effective 9/1/2022 80-4-106. Individuals entitled to be present at proceedings — Legal representation — Attorney general responsibilities. (1) (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 […]
Section 107 – Record of proceedings — Written reports and other materials — Statements of a child.
Effective 9/1/2022 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. (2) A record of a proceeding under this chapter: (a) shall be taken in accordance with Section […]
Section 108 – Physical or mental health examination during proceedings.
Effective 9/1/2021 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: (a) evaluate the mental health of, or provide mental health services to, the child; or […]
Section 109 – Consideration of cannabis during proceedings.
Effective 9/1/2021 80-4-109. Consideration of cannabis during proceedings. (1) As used in this section: (a) “Cannabis” means the same as that term is defined in Section 26-61a-102. (b) “Cannabis product” means the same as that term is defined in Section 26-61a-102. (c) (i) “Chronic” means repeated or patterned. (ii) “Chronic” does not mean an isolated […]
Section 201 – Petition — Who may file — Dismissal.
Effective 9/1/2021 80-4-201. Petition — Who may file — Dismissal. (1) Any interested party, including a foster parent, may file a petition for termination of parental rights. (2) The attorney general shall file a petition for termination of parental rights under this chapter on behalf of the division. (3) The juvenile court may dismiss a […]
Section 202 – Contents of petition.
Effective 9/1/2021 80-4-202. Contents of petition. (1) A petition for termination of parental rights shall include, to the best information or belief of the petitioner: (a) the information required by Utah Rules of Juvenile Procedure, Rule 17; (b) the grounds on which termination of parental rights is sought, in accordance with Section 80-4-301; and (c) […]
Section 203 – Mandatory petition for termination of parental rights.
Effective 9/1/2022 80-4-203. Mandatory petition for termination of parental rights. (1) For purposes of this section, “abandoned infant” means a child who is 12 months old or younger and whose parent or parents: (a) although having legal custody of the child, fail to maintain physical custody of the child without making arrangements for the care […]
Section 204 – Notice of petition.
Effective 9/1/2021 80-4-204. Notice of petition. (1) (a) After a petition for termination of parental rights is filed, notice shall: (i) be provided to the parents, the guardian, the individual or agency having legal custody of the child, and any individual acting in loco parentis to the child; and (ii) indicate the: (A) nature of […]
Section 205 – Expedited hearing for temporary custody.
Effective 9/1/2021 80-4-205. Expedited hearing for temporary custody. (1) At any time after a petition for termination of parental rights is filed, the juvenile court may make an order in accordance with this chapter: (a) providing for temporary custody of the child who is the subject of the petition; or (b) that the division provide […]