Utah Code 80-4-205. Expedited hearing for temporary custody
Current as of: 2024 | Check for updates
|
Other versions
(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:
Terms Used In Utah Code 80-4-205
- Abuse: means :(1)(a)(i)(1)(a)(i)(A) nonaccidental harm of a child;(1)(a)(i)(B) threatened harm of a child;(1)(a)(i)(C) sexual exploitation;(1)(a)(i)(D) sexual abuse; or(1)(a)(i)(E) human trafficking of a child in violation of Section
Utah Code 80-1-102 - Child: means , except as provided in Section
80-2-905 , an individual who is under 18 years old. See Utah Code 80-1-102- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-4-102
- Neglect: means action or inaction causing:
(58)(a)(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child;(58)(a)(ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;(58)(a)(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being;(58)(a)(iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;(58)(a)(v) abandonment of a child through an unregulated child custody transfer under Section78B-24-203 ; or(58)(a)(vi) educational neglect. See Utah Code 80-1-102- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Petition for termination of parental rights: means a petition filed in accordance with this chapter to terminate the parental rights of a parent. See Utah Code 80-4-102
- Protective services: means expedited services that are provided:
(67)(a) in response to evidence of neglect, abuse, or dependency of a child;(67)(b) to a cohabitant who is neglecting or abusing a child, in order to:(67)(b)(i) help the cohabitant develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse; and(67)(b)(ii) strengthen the cohabitant's ability to provide safe and acceptable care; and(67)(c) in cases where the child's welfare is endangered:(67)(c)(i) to bring the situation to the attention of the appropriate juvenile court and law enforcement agency;(67)(c)(ii) to cause a protective order to be issued for the protection of the child, when appropriate; and(67)(c)(iii) to protect the child from the circumstances that endanger the child's welfare including, when appropriate:(67)(c)(iii)(A) removal from the child's home;(67)(c)(iii)(B) placement in substitute care; and(67)(c)(iii)(C) petitioning the court for termination of parental rights. See Utah Code 80-1-102- Shelter: means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction. See Utah Code 80-1-102
- Temporary custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-4-102
- Termination of parental rights: means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order. See Utah Code 80-1-102
(1)(a) providing for temporary custody of the child who is the subject of the petition; or(1)(b) that the division provide protective services to the child who is the subject of the petition if the juvenile court determines that:(1)(b)(i) the child is at risk of being removed from the child’s home due to abuse and neglect; and(1)(b)(ii) the provision of protective services may make the removal described in Subsection (1)(b)(i) unnecessary.(2)(2)(a) The juvenile court shall hold an expedited hearing to determine whether a child should be placed in temporary custody if:(2)(a)(i) a person files a petition for termination of parental rights;(2)(a)(ii) a party to the proceeding files a motion for expedited placement in temporary custody; and(2)(a)(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.(2)(b) The hearing described in Subsection (2)(a):(2)(b)(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(2)(b)(ii) shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of Juvenile Procedure, Rule 13.(3)(3)(a) The hearing and notice described in Subsection (1) are subject to:(3)(a)(i) Section 80-3-301;(3)(a)(ii) Section 80-3-302; and(3)(a)(iii) the Utah Rules of Juvenile Procedure.(3)(b) After the hearing described in Subsection (1), the juvenile court may order a child placed in the temporary custody of the division. - Child: means , except as provided in Section