Utah Code 80-2-705. Law enforcement interview of a child in division’s custody
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(1) Except as provided in Subsection (2), the division may not consent to the interview of a child in protective custody or the division’s temporary custody or custody by a law enforcement officer, unless consent for the interview is obtained from the child’s guardian ad litem.
Terms Used In Utah Code 80-2-705
- 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 80-2-102
- 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: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:(35)(a) marriage;(35)(b) enlistment in the armed forces;(35)(c) major medical, surgical, or psychiatric treatment; or(35)(d) legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102
- Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
(66)(a) the day on which the shelter hearing is held under Section80-3-301 ; or(66)(b) the day on which the child is returned home. See Utah Code 80-1-102- Temporary custody: means , with regard to the division, the custody of a child from the day on which the shelter hearing described in Section 80-3-301 is held until the day on which the juvenile court enters a disposition under Section 80-3-405. See Utah Code 80-2-102
(2) Subsection (1) does not apply if a guardian ad litem is not appointed for the child. - Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of: