Utah Code 80-3-106. Record of proceedings
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(1) As used in this section:
Terms Used In Utah Code 80-3-106
- Child: means , except as provided in Section
80-2-905 , an individual who is under 18 years old. See Utah Code 80-1-102 - Deprivation of custody: means transfer of legal custody by the juvenile court from a parent or a previous custodian to another person, agency, or institution. See Utah Code 80-1-102
- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102
- 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
- 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.
- 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(1)(a) “Record of a proceeding” does not include documentary materials of any type submitted to the juvenile court as part of the proceeding, including items submitted under Utah Rules of Juvenile Procedure, Rule 45.(1)(b) “Subjects of the record” includes the child‘s attorney guardian ad litem, the child’s guardian, the division, and any other party to the proceeding.(2)(2)(a) Except as provided in Subsection (2)(b), the juvenile court shall take a verbatim record of the proceedings under this chapter, unless dispensed with by the juvenile court.(2)(b) A juvenile court shall take a verbatim record of the proceedings in all cases under this chapter that might result in deprivation of custody.(3) Notwithstanding any other provision, including Title 63G, Chapter 2, Government Records Access and Management Act, the juvenile court shall release a record of a proceeding made under Subsection (2) to any person upon a finding on the record for good cause.(4) Following a petition for a record of a proceeding made under Subsection (2), the juvenile court shall:(4)(a) provide notice to all subjects of the record that a request for release of the record has been made; and(4)(b) allow sufficient time for the subjects of the record to respond before making a finding on the petition.(5) A record of a proceeding may not be released under this section if the juvenile court’s jurisdiction over the subjects of the proceeding ended more than 12 months before the day on which the request is made.