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Utah Code § 80-4-205

Expedited hearing for temporary custody

Enacted by Chapter 261, 2021 General Session

(1) At any time after a petition for termination of parental rights is filed, the juvenile court may make an order in accordance with this chapter:

(a) providing for temporary custody of the child who is the subject of the petition; or

(b) that the division provide protective services to the child who is the subject of the petition if the juvenile court determines that:

(i) the child is at risk of being removed from the child's home due to abuse and neglect; and

(ii) the provision of protective services may make the removal described in Subsection (1)(b)(i) unnecessary.

(2)

(a) The juvenile court shall hold an expedited hearing to determine whether a child should be placed in temporary custody if:

(i) a person files a petition for termination of parental rights;

(ii) a party to the proceeding files a motion for expedited placement in temporary custody; and

(iii) notice of the hearing described in this Subsection (1)(a) is served consistent with the requirements for notice of a shelter hearing under Section 80-3-301.

(b) The hearing described in Subsection (2)(a):

(i) shall be held within 72 hours, excluding weekends and holidays, after the time in which the motion described in Subsection (2)(a)(ii) is filed; and

(ii) shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of Juvenile Procedure, Rule 13.

(3)

(a) The hearing and notice described in Subsection (1) are subject to:

(i) Section 80-3-301;

(ii) Section 80-3-302; and

(iii) the Utah Rules of Juvenile Procedure.

(b) After the hearing described in Subsection (1), the juvenile court may order a child placed in the temporary custody of the division.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.