(1) If it is necessary to protect a minor child and there is no less restrictive means reasonably available, and in accordance with Section 81-9-104, a court may order supervised parent-time if the court finds evidence that the minor child would be subject to physical or emotional harm or child abuse, as described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, 76-5-114, and 80-1-102, from the noncustodial parent if left unsupervised with the noncustodial parent.
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Terms Used In Utah Code 81-9-207

  • Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 81-9-101
  • Child: means , except as provided in Section 81-6-101, a biological or adopted child of any age. See Utah Code 81-1-101
  • Court: means :
         (2)(a) a judge; or
         (2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section 78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101
  • Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 81-9-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Minor child: means , except as provided in Section 81-6-101, a child who is younger than 18 years old and is not emancipated. See Utah Code 81-1-101
  • Noncustodial parent: means the parent who is not the custodial parent regardless of any designation of joint legal custody. See Utah Code 81-1-101
  • Parent: means a parent with an established parent-child relationship as described in Section 78B-15-201. See Utah Code 81-1-101
  • Sexual abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 81-9-101
  • Supervised parent-time: means parent-time that requires the noncustodial parent to be accompanied during parent-time by an individual approved by the court. See Utah Code 81-9-101
(2) If the court finds evidence of domestic violence, child abuse, or an ongoing risk to a child, and orders supervised parent-time, the court shall give preference to supervision by a professional individual or private agency trained in child abuse reporting laws, the developmental needs of a child, and the dynamics of domestic violence, child abuse, sexual abuse, and substance abuse.
(3) If a professional individual or private agency described in Subsection (2) is not available, affordable, or practicable under the circumstances, a court shall give preference to supervision by an individual who is:

     (3)(a) capable and willing to provide physical and psychological safety and security to the minor child, and to assist in the avoidance and prevention of domestic and family violence; and
     (3)(b) is trained in child abuse reporting laws, the developmental needs of a child, and the dynamics of domestic violence, child abuse, sexual abuse, and substance abuse.
(4) If an individual described in Subsection (2) or (3) is not available, affordable, or practicable under the circumstances, or if the court does not find evidence of domestic violence, child abuse, or an ongoing risk to a minor child, a court may order supervised parent-time that is supervised by an individual who is willing to supervise, and is capable of protecting the minor child from physical or emotional harm, or child abuse, and the court shall give preference to individuals suggested by the parties, including relatives.
(5) At the time supervised parent-time is imposed, the court shall consider:

     (5)(a) whether the cost of professional or agency services is likely to prevent the noncustodial parent from exercising parent-time; and
     (5)(b) whether the requirement for supervised parent-time should expire after a set period of time.
(6)

     (6)(a) Except when the court makes a finding that, due to abuse by or the incapacity of the noncustodial parent, supervised parent-time will be necessary indefinitely to ensure the physical or psychological safety and protection of the minor child, the court shall, in its order for supervised parent-time, provide specific goals and expectations for the noncustodial parent to accomplish before unsupervised parent-time may be granted.
     (6)(b) The court shall schedule one or more follow-up hearings to revisit the issue of supervised parent-time.
(7) A noncustodial parent may, at any time, petition the court to modify the order for supervised parent-time if the noncustodial parent can demonstrate that the specific goals and expectations set by the court as described in Subsection (6) have been accomplished.

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