reglab/housing_qa huggingface dataset:
UT Code § 78B-20-305 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act|Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment|Section 305 - Effect of prior judicial order or agreement.

 Effective 7/1/2017  78B-20-305. Effect of prior judicial order or agreement.  In a proceeding for a grant of custodial responsibility pursuant to this part, the following rules apply:  (1) a prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of the law of this state other than this chapter for modifying a judicial order regarding custodial responsibility; and     (2) the court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under Part 2, Agreement Addressing Custodial Responsibility During Deployment, unless the court finds that the agreement is contrary to the best interest of the child.    Enacted by Chapter 292, 2016 General Session
UT Code § 78B-20-306 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act|Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment|Section 306 - Grant of caretaking or decision-making authority to nonparent.

 Effective 7/1/2017  78B-20-306. Grant of caretaking or decision-making authority to nonparent.    (1) On motion of a deploying parent and in accordance with the law of this state other than this chapter, if it is in the best interest of the child a court may grant caretaking authority to a nonparent who is an adult family member of the child with whom the child has a close and substantial relationship.     (2) Unless a grant of caretaking authority to a nonparent under Subsection (1) is agreed to by the other parent, the grant is limited to an amount of time not greater than:   (a) the amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or     (b) in the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.       (3) A court may grant part of a deploying parent's decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel.    Enacted by Chapter 292, 2016 General Session
UT Code § 78B-20-307 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act|Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment|Section 307 - Grant of limited contact.

 Effective 7/1/2017  78B-20-307. Grant of limited contact.  On motion of a deploying parent, and in accordance with the law of this state other than this chapter, unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a nonparent who is a family member of the child or an individual with whom the child has a close and substantial relationship. Enacted by Chapter 292, 2016 General Session
UT Code § 78B-20-308 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act|Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment|Section 308 - Nature of authority created by temporary custody order.

 Effective 7/1/2017  78B-20-308. Nature of authority created by temporary custody order.    (1) A grant of authority under this part is temporary and terminates under Part 4, Return from Deployment, after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant may not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted.     (2) A nonparent granted caretaking authority, decision-making authority, or limited contact under this part has standing to enforce the grant until it is terminated by court order or under Part 4, Return from Deployment.    Enacted by Chapter 292, 2016 General Session
UT Code § 78B-20-309 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act|Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment|Section 309 - Content of temporary custody order.

 Effective 7/1/2017  78B-20-309. Content of temporary custody order.    (1) An order granting custodial responsibility under this part shall:   (a) designate the order as temporary; and     (b) identify to the extent feasible the destination, duration, and conditions of the deployment.       (2) If applicable, an order for custodial responsibility under this part shall:   (a) specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent;     (b) if the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise;     (c) provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;     (d) provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child;     (e) provide for reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order; and     (f) provide that the order will terminate pursuant to Part 4, Return from Deployment, after the deploying parent returns from deployment.      Enacted by Chapter 292, 2016 General Session
UT Code § 78B-20-310 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act|Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment|Section 310 - Order for child support.

 Effective 7/1/2017  78B-20-310. Order for child support.  If a court has issued an order granting caretaking authority under this part, or an agreement granting caretaking authority has been executed under Part 2, Agreement Addressing Custodial Responsibility During Deployment, the court may enter a temporary order for child support consistent with the law of this state other than this chapter if the court has jurisdiction under Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act. Enacted by Chapter 292, 2016 General Session
UT Code § 78B-20-311 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act|Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment|Section 311 - Modifying or terminating grant of custodial responsibility to nonparent.

 Effective 7/1/2017  78B-20-311. Modifying or terminating grant of custodial responsibility to nonparent.    (1) Except for an order under Section 78B-20-305, except as otherwise provided in Subsection (2), and consistent with Section 39-7-105 and the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying parent, other parent, or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this part and it is in the best interest of the child. A modification is temporary and terminates pursuant to Part 4, Return from Deployment, after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.     (2) On motion of a deploying parent, the court shall terminate a grant of limited contact.    Enacted by Chapter 292, 2016 General Session
UT Code § 78B-20-401 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act|Part 4 - Return from Deployment|Section 401 - Procedure for terminating temporary grant of custodial responsibility established by agreement.

 Effective 7/1/2017  78B-20-401. Procedure for terminating temporary grant of custodial responsibility established by agreement.    (1) At any time after return from deployment, a temporary agreement granting custodial responsibility under Part 2, Agreement Addressing Custodial Responsibility During Deployment, may be terminated by an agreement to terminate signed by the deploying parent and the other parent.     (2) A temporary agreement under Part 2, Agreement Addressing Custodial Responsibility During Deployment, granting custodial responsibility terminates:   (a) if an agreement to terminate under Subsection (1) specifies a date for termination, on that date; or     (b) if the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent.       (3) In the absence of an agreement under Subsection (1) to terminate, a temporary agreement granting custodial responsibility terminates under Part 2, Agreement Addressing Custodial Responsibility During Deployment, 30 days after the deploying parent gives notice to the other parent that the deploying parent returned from deployment.     (4) If a temporary agreement granting custodial responsibility was filed with a court pursuant to Section 78B-20-205, an agreement to terminate the temporary agreement shall also be filed with that court within a reasonable time after the signing of the agreement. The case number and heading of the case concerning custodial responsibility or child support shall be provided to the court with the agreement to terminate.    Amended by Chapter 224, 2017 General Session
UT Code § 78B-20-402 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act|Part 4 - Return from Deployment|Section 402 - Consent procedure for terminating temporary grant of custodial responsibility established by court order.

 Effective 7/1/2017  78B-20-402. Consent procedure for terminating temporary grant of custodial responsibility established by court order.  At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued under Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment. After an agreement has been filed, the court shall issue an order terminating the temporary order effective on the date specified in the agreement. If a date is not specified, the order is effective immediately. Enacted by Chapter 292, 2016 General Session
UT Code § 78B-20-403 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act|Part 4 - Return from Deployment|Section 403 - Visitation before termination of temporary grant of custodial responsibility.

 Effective 7/1/2017  78B-20-403. Visitation before termination of temporary grant of custodial responsibility.  After a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility established under Part 2, Agreement Addressing Custodial Responsibility During Deployment, or a provision of a court order specifying temporary custodial responsibility during deployment issued under Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, or Section 30-3-10, is terminated, the court shall issue a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interest of the child, even if the time of contact exceeds the time the deploying parent spent with the child before deployment. Amended by Chapter 224, 2017 General Session
UT Code § 78B-20-404 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act|Part 4 - Return from Deployment|Section 404 - Termination by operation of law of temporary grant of custodial responsibility established by court order.

 Effective 7/1/2017  78B-20-404. Termination by operation of law of temporary grant of custodial responsibility established by court order.    (1) If an agreement between the parties to terminate a court order for temporary custodial responsibility during deployment under Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, or to terminate a provision of an order for temporary custodial responsibility during deployment entered under Section 30-3-10 has not been filed, the temporary order terminates 30 days after the day on which the deploying parent gives notice to the other parent and any nonparent granted custodial responsibility that the deploying parent has returned from deployment.     (2) A proceeding seeking to prevent termination of a temporary order for custodial responsibility is governed by the law of this state other than this chapter.    Amended by Chapter 224, 2017 General Session
UT Code § 78B-20-501 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act|Part 5 - Miscellaneous Provisions|Section 501 - Uniformity of application and construction.

 Effective 7/1/2017  78B-20-501. Uniformity of application and construction.  In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Enacted by Chapter 292, 2016 General Session
UT Code § 78B-20-502 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act|Part 5 - Miscellaneous Provisions|Section 502 - Relation to Electronic Signatures in Global and National Commerce Act.

 Effective 7/1/2017  78B-20-502. Relation to Electronic Signatures in Global and National Commerce Act.  This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b). Enacted by Chapter 292, 2016 General Session
UT Code § 78B-20-503 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act|Part 5 - Miscellaneous Provisions|Section 503 - Savings clause.

 Effective 7/1/2017  78B-20-503. Savings clause.  This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment that was entered before May 10, 2016. Enacted by Chapter 292, 2016 General Session
UT Code § 78B-22-101 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 1 - General Provisions|Section 101 - Title.

 Effective 5/14/2019  78B-22-101. Title.  This chapter is known as the "Indigent Defense Act." Renumbered and Amended by Chapter 326, 2019 General Session
UT Code § 78B-22-201 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 2 - Appointment of Counsel|Section 201 - Right to counsel.

 Effective 9/1/2021  78B-22-201. Right to counsel.    (1) A court shall advise the following of the individual's right to counsel when the individual first appears before the court:   (a) an adult charged with a criminal offense the penalty for which includes the possibility of incarceration regardless of whether actually imposed;     (b) a parent or legal guardian facing an action initiated by the state under:   (i)Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings;     (ii)Title 80, Chapter 4, Termination and Restoration of Parental Rights; or     (iii)Title 78A, Chapter 6, Part 4a, Adult Criminal Proceedings;       (c) a parent or legal guardian facing an action initiated by any party under:   (i)Title 80, Chapter 4, Termination and Restoration of Parental Rights; or     (ii) Section 78B-6-112; or       (d) an individual described in this Subsection (1), who is appealing a conviction or other final court action.       (2) If an individual described in Subsection (1) does not knowingly and voluntarily waive the right to counsel, the court shall determine whether the individual is indigent under Section 78B-22-202.    Amended by Chapter 262, 2021 General Session
UT Code § 78B-22-201.5 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 2 - Appointment of Counsel|Section 201.5 - Affidavit of indigency.

 Effective 11/16/2021  78B-22-201.5. Affidavit of indigency.    (1) Except as provided in Subsection (5), on or after January 1, 2022, an individual, who is seeking appointment of an indigent defense service provider, shall submit an affidavit of indigency described in Subsection (2) to the court.     (2) An affidavit of indigency shall include the following information:   (a) the individual's identifying information, including:   (i) the individual's legal name and any known aliases;     (ii) the individual's mobile or residential phone number;     (iii) the individual's residential address; and     (iv) the individual's date of birth; and       (b) the individual's financial information, including:   (i) any financial support or benefit that the individual receives from a state or federal government;     (ii) the individual's monthly income, including any alimony or child support that contributes to the individual's monthly income;     (iii) the individual's monthly expenses, including any alimony or child support obligation that the individual is responsible for paying;     (iv) the individual's ownership of, or any interest in, personal or real property, including any savings or checking accounts or cash;     (v) the number, ages, and relationships of any dependents; and     (vi) any extraordinary financial conditions that would prevent the individual from retaining private counsel.         (3) The affidavit of indigency shall:   (a) require the signature of the individual; and     (b) include a statement that:   (i) by signing the affidavit the individual confirms that, to the best of the individual's knowledge, the information in the affidavit is true;     (ii) the individual may be subject to a criminal penalty for a written false statement under Section 76-8-504;     (iii) the individual authorizes an indigent defense system to contact or request information from the individual or a third party to verify whether an individual is indigent; and     (iv) the individual may be ordered to pay the cost of the individual's indigent defense services if a court determines that the individual is not indigent.         (4) The Judicial Council or Supreme Court shall adopt an affidavit of indigency form described in Subsection (2) to be distributed to an individual seeking the appointment of an indigent defense service provider.     (5) This section does not apply to a minor, who is appointed an indigent defense service provider, or the minor's parent or legal guardian.    Enacted by Chapter 4, 2021 Special Session 2
UT Code § 78B-22-202 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 2 - Appointment of Counsel|Section 202 - Determining indigency.

 Effective 11/16/2021  78B-22-202. Determining indigency.    (1) A court shall find an individual indigent if the individual:   (a) has an income level at or below 150% of the United States poverty level as defined by the most recent poverty income guidelines published by the United States Department of Health and Human Services; or     (b) has insufficient income or other means to pay for legal counsel and the necessary expenses of representation without depriving the individual or the individual's family of food, shelter, clothing, or other necessities, considering:   (i) the individual's ownership of, or any interest in, personal or real property;     (ii) the amount of debt owed by the individual or that might reasonably be incurred by the individual because of illness or other needs within the individual's family;     (iii) the number, ages, and relationships of any dependents;     (iv) the probable expense and burden of defending the case;     (v) the reasonableness of fees and expenses charged by an attorney and the scope of representation undertaken when represented by privately retained defense counsel; and     (vi) any other factor the court considers relevant.         (2) Notwithstanding Subsection (1), a court may not find an individual indigent if the individual transferred or otherwise disposed of assets since the commission of the offense with the intent of becoming eligible to receive indigent defense services.     (3)   (a) The court may:   (i) make a finding of indigency at any time; and     (ii) rely on information contained in an affidavit of indigency described in Section 78B-22-201.5 in making a finding about whether an individual is an indigent individual.       (b) An individual's inability to submit, or to provide the information required in, an affidavit of indigency under Section 78B-22-201.5 does not preclude a court from:   (i) making a finding about whether an individual is an indigent individual under this section; or     (ii) appointing an indigent defense service provider under Section 78B-22-203.        Amended by Chapter 4, 2021 Special Session 2
UT Code § 78B-22-204 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 2 - Appointment of Counsel|Section 204 - Waiver by a minor.

 Effective 5/5/2021  78B-22-204. Waiver by a minor.  A minor may not waive the right to be represented by counsel at all stages of court proceedings unless:  (1) the minor has consulted with counsel; and     (2) the court is satisfied that in light of the minor's unique circumstances and attributes:   (a) the minor's waiver is knowing and voluntary; and     (b) the minor understands the consequences of the waiver.      Amended by Chapter 124, 2021 General Session
UT Code § 78B-22-301 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 3 - Indigent Defense Systems and Services|Section 301 - Standards for indigent defense systems -- Written report.

 Effective 5/12/2020  78B-22-301. Standards for indigent defense systems -- Written report.    (1) An indigent defense system shall provide indigent defense services for an indigent individual in accordance with the core principles adopted by the commission under Section 78B-22-404.     (2)   (a) On or before March 30 of each year, all indigent defense systems shall submit a written report to the commission that describes each indigent defense system's compliance with the commission's core principles.     (b) If an indigent defense system fails to submit a timely report under Subsection (2)(a), the indigent defense system is disqualified from receiving a grant from the commission for the following calendar year.      Amended by Chapter 371, 2020 General SessionAmended by Chapter 392, 2020 General Session