Utah Code 78B-6-112. District court jurisdiction over termination of parental rights proceedings
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(1) A party may bring a petition seeking to terminate parental rights in the child for the purpose of facilitating the adoption of the child in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration .
Terms Used In Utah Code 78B-6-112
- Adoption: means the judicial act that:(2)(a) creates the relationship of parent and child where it did not previously exist; and(2)(b) except as provided in Subsections
78B-6-138 (2) and (4), terminates the parental rights of any other person with respect to the child. See Utah Code 78B-6-103- Adoption proceeding: means any proceeding under this part. See Utah Code 78B-6-103
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Unmarried biological father: means a man who:
(28)(a) is the biological father of a child; and(28)(b) was not married to the biological mother of the child described in Subsection (28)(a) at the time of the child's conception or birth. See Utah Code 78B-6-103(2) A petition to terminate parental rights under this section may be:(2)(a) joined with a proceeding on an adoption petition; or(2)(b) filed as a separate proceeding before or after a petition to adopt the child is filed.(3) A court may enter a final order terminating parental rights before a final decree of adoption is entered.(4)(4)(a) Nothing in this section limits the jurisdiction of a juvenile court relating to proceedings to terminate parental rights as described in Section78A-6-103 .(4)(b) A court may not terminate parental rights in a child if the child is under the jurisdiction of the juvenile court in a pending abuse, neglect, dependency, or termination of parental rights proceeding.(5) The court may terminate an individual’s parental rights in a child if:(5)(a) the individual executes a voluntary consent to adoption, or relinquishment for adoption, of the child, in accordance with:(5)(a)(i) the requirements of this chapter; or(5)(a)(ii) the laws of another state or country, if the consent is valid and irrevocable;(5)(b) the individual is an unmarried biological father who is not entitled to consent to adoption, or relinquishment for adoption, under Section78B-6-120 or78B-6-121 ;(5)(c) the individual:(5)(c)(i) received notice of the adoption proceeding relating to the child under Section78B-6-110 ; and(5)(c)(ii) failed to file a motion for relief, under Subsection78B-6-110 (6), within 30 days after the day on which the individual was served with notice of the adoption proceeding;(5)(d) the court finds, under Section78B-15-607 , that the individual is not a parent of the child; or(5)(e) the individual’s parental rights are terminated on grounds described in Title 80, Chapter 4, Termination and Restoration of Parental Rights, and termination is in the best interests of the child.(6) The court shall appoint an indigent defense service provider in accordance with Title 78B, Chapter 22, Indigent Defense Act, to represent a parent who faces any action initiated by a private party under Title 80, Chapter 4, Termination and Restoration of Parental Rights, or whose parental rights are subject to termination under this section.(7) If a county incurs expenses in providing indigent defense services to an indigent individual facing any action initiated by a private party under Title 80, Chapter 4, Termination and Restoration of Parental Rights, or termination of parental rights under this section, the county may apply for reimbursement from the Utah Indigent Defense Commission in accordance with Section78B-22-406 .(8) A petition filed under this section is subject to the procedural requirements of this chapter.