2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 1 - General Provisions › Section 104 - Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities.

Effective 9/1/2022
80-3-104.
Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities.
(1)
(a) A minor who is the subject of a juvenile court hearing, any person entitled to notice under Section 80-3-201 or 80-3-301, preadoptive parents, foster parents, and any relative providing care for the minor, are:
(i) entitled to notice of, and to be present at, each hearing and proceeding held under this chapter, including administrative reviews; and
(ii) have a right to be heard at each hearing and proceeding described in Subsection (1)(a)(i).
(b) A child's right to be present at a hearing under Subsection (1)(a) is subject to the discretion of the guardian ad litem appointed under Subsection (3) or the juvenile court regarding any possible detriment to the child.
(2)
(a) The parent or guardian of a minor who is the subject of an abuse, neglect, or dependency petition has the right to be represented by counsel, and to present evidence, at each hearing.
(b) If a parent or guardian is the subject of an abuse, neglect, or dependency petition, the juvenile court shall:
(i) appoint an indigent defense service provider for a parent or guardian determined to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel; and
(ii) order indigent defense services for the parent or guardian who is determined to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel.
(3)
(a) In an abuse, neglect, or dependency proceeding under this chapter, the juvenile court shall order that the child be represented by an attorney guardian ad litem, in accordance with Section 78A-2-803.
(b) A guardian ad litem appointed under Subsection (3)(a) shall represent the best interest of the minor, in accordance with the requirements of Section 78A-2-803:
(i) at the shelter hearing and at all subsequent court and administrative proceedings, including any proceeding for termination of parental rights in accordance with Chapter 4, Termination and Restoration of Parental Rights; and
(ii) in other actions initiated under this chapter when appointed by the court under Section 78A-2-803 or as otherwise provided by law.
(4) Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in civil enforcement actions, the attorney general shall, in accordance with Section 80-2-303, enforce this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, Removal and Protective Custody of a Child, relating to protection or custody of an abused, neglected, or dependent minor and the termination of parental rights.
(5)
(a) The juvenile court shall admit any individual to a hearing under this chapter, including a hearing under Section 80-3-205, unless the juvenile court makes a finding upon the record that the individual's presence at the hearing would:
(i) be detrimental to the best interest of a minor who is a party to the proceeding;
(ii) impair the fact-finding process; or
(iii) be otherwise contrary to the interests of justice.
(b) The juvenile court may exclude an individual from a hearing under Subsection (5)(a) on the juvenile court's own motion or by motion of a party to the proceeding.
Amended by Chapter 334, 2022 General Session