Section 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 protective services to the child who is the subject of the petition if the juvenile court determines that:
    • (i) the child is at risk of being removed from the child’s home due to abuse and neglect; and
    • (ii) the provision of protective services may make the removal described in Subsection (1)(b)(i) unnecessary.

• (2)
  • (a) The juvenile court shall hold an expedited hearing to determine whether a child should be placed in temporary custody if:
    • (i) a person files a petition for termination of parental rights;
    • (ii) a party to the proceeding files a motion for expedited placement in temporary custody; and
    • (iii) notice of the hearing described in this Subsection (1)(a) is served consistent with the requirements for notice of a shelter hearing under Section 80-3-301.
  • (b) The hearing described in Subsection (2)(a):
    • (i) shall be held within 72 hours, excluding weekends and holidays, after the time in which the motion described in Subsection (2)(a)(ii) is filed; and
    • (ii) shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of Juvenile Procedure, Rule 13.

• (3)
  • (a) The hearing and notice described in Subsection (1) are subject to:
    • (i) Section 80-3-301;
    • (ii) Section 80-3-302; and
    • (iii) the Utah Rules of Juvenile Procedure.
  • (b) After the hearing described in Subsection (1), the juvenile court may order a child placed in the temporary custody of the division.

Enacted by Chapter 261, 2021 General Session