Section 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 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 Title 78B, Chapter 22, Part 2, Appointment of Counsel; and
    • (ii) order indigent defense services for the parent or guardian who is determined to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel.
  • (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