Effective 9/1/2021 80-4-103. Nature of the proceedings — Rules of procedure — Burden of proof. (1) The proceedings under this chapter are civil in nature and are governed by the Utah Rules of Civil Procedure and the Utah Rules of Juvenile Procedure. (2) The juvenile court shall: (a) in all cases filed under this chapter […]
Effective 9/1/2021 80-4-104. Judicial process for termination — Parent unfit or incompetent — Best interest of child. (1) Under both the United States Constitution and the constitution of this state, a parent possesses a fundamental liberty interest in the care, custody, and management of the parent’s child. For this reason, the termination of family ties […]
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 […]
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 […]
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 […]
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 […]
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 […]
