26B-7-310. Petition for judicial review of order of restriction -- Court-ordered examination period.

426 words·~2 min read·/ut/title-26b/chapter-7/26b-7-310

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)A department may petition for a judicial review of the department's order of restriction for an individual who is subject to restriction by filing a written petition with the court of the county in which the individual resides or is located.

(i)The county attorney for the county where the individual resides or is located shall represent the local health department in any proceedings under Sections 26B-7-304 through 26B-7-314 .

(ii)The Office of the Attorney General shall represent the department when the petitioner is the department in any proceedings under Sections 26B-7-304 through 26B-7-314 .

(2)The petition under Subsection

(1)shall be accompanied by:

(a)written affidavit of the department stating:

(i)a belief the individual is subject to restriction;

(ii)a belief that the individual is likely to fail to submit to examination, treatment, quarantine, or isolation if not immediately restrained;

(iii)this failure would pose a threat to the public health; and

(iv)the personal knowledge of the individual's condition or the circumstances that lead to that belief; and

(b)a written statement by a licensed physician or physician assistant indicating the physician or physician assistant finds the individual is subject to restriction.

(3)The court shall issue an order of restriction requiring the individual to submit to involuntary restriction to protect the public health if the court finds:

(a)there is a reasonable basis to believe that the individual's condition requires involuntary examination, quarantine, treatment, or isolation pending examination and hearing; or

(b)the individual has refused to submit to examination by a health professional as directed by the department or to voluntarily submit to examination, treatment, quarantine, or isolation.

(4)If the individual who is subject to restriction is not in custody, the court may make the court's determination and issue an order of restriction in an ex parte hearing.

(5)At least 24 hours prior to the hearing required by Section 26B-7-311 , the department which is the petitioner, shall report to the court, in writing, the opinion of qualified health care providers:

(a)regarding whether the individual is infected by or contaminated with a dangerous public health condition;

(b)that despite the exercise of reasonable diligence, the diagnostic studies have not been completed;

(c)whether the individual has agreed to voluntarily comply with necessary examination, treatment, quarantine, or isolation; and

(d)whether the petitioner believes the individual will comply without court proceedings.

Amended by Chapter 109 , 2025 General Session