Utah Code 78B-7-202. Abuse or danger of abuse — Child protective orders — Ex parte child protective orders — Guardian ad litem — Referral to division
Current as of: 2024 | Check for updates
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Terms Used In Utah Code 78B-7-202
- Abuse: means , except as provided in Section 78B-7-201, intentionally or knowingly causing or attempting to cause another individual physical harm or intentionally or knowingly placing another individual in reasonable fear of imminent physical harm. See Utah Code 78B-7-102
- Child protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-201
- Court: means the district court or juvenile court. See Utah Code 78B-7-201
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
- law enforcement agency: means any public agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision. See Utah Code 78B-7-102
- 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- Protective order: means :
(5)(a) a child protective order; or(5)(b) an ex parte child protective order. See Utah Code 78B-7-201- Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102
(1)(a) Any interested person may file a petition for a protective order:(1)(a)(i) on behalf of a child who is being abused or is in imminent danger of being abused by any individual; or(1)(a)(ii) on behalf of a child who has been abused by an individual who is not the child’s parent, stepparent, guardian, or custodian.(1)(b) Before filing a petition under Subsection (1)(a), the interested person shall make a referral to the division.(2) Upon the filing of a petition described in Subsection (1), the clerk of the court shall:(2)(a) review the records of the juvenile court, the district court, and the management information system of the division to find any petitions, orders, or investigations related to the child or the parties to the case;(2)(b) request the records of any law enforcement agency identified by the petitioner as having investigated abuse of the child; and(2)(c) identify and obtain any other background information that may be of assistance to the court.(3) If it appears from a petition for a protective order filed under Subsection (1)(a)(i) that the child is being abused or is in imminent danger of being abused, or it appears from a petition for a protective order filed under Subsection (1)(a)(ii) that the child has been abused, the court may:(3)(a) without notice, immediately issue an ex parte child protective order against the respondent if necessary to protect the child; or(3)(b) upon notice to the respondent, issue a child protective order after a hearing in accordance with Subsection 78B-7-203(5).(5) This section does not prohibit a protective order from being issued against a respondent who is a child.