78A-2-704. Public policy regarding attorney guardian ad litem -- Training.

242 words·~1 min read·/ut/title-78a/chapter-2/78a-2-704

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

Effective 5/6/2026

(1)An attorney guardian ad litem may not presume that a child and the child's parent are adversaries.

(2)An attorney guardian ad litem shall be trained on and implement into practice:

(a)the parental rights and child and family protection principles provided in Section 80-2a-201 ;

(b)the fundamental liberties of parents and the public policy of the state to support family unification to the fullest extent possible;

(c)the constitutionally protected rights of parents, in cases where the state is a party;

(d)the use of a least restrictive means analysis regarding state claims of a compelling child welfare interest;

(e)the priority of maintaining a child safely in the child's home, whenever possible;

(f)the importance of:

(i)kinship placement, if the child is removed from the home; and

(ii)keeping sibling groups together, whenever practicable and in the best interests of the children;

(g)the preference for kinship adoption over nonkinship adoption, if the parent-child relationship is legally terminated;

(h)the potential for a guardianship placement if the parent-child relationship is legally terminated and no appropriate adoption placement is available; and

(i)the use of an individualized permanency plan, only as a last resort.

(3)The office shall implement policies and practice guidelines that reflect the priorities described in Subsections (2)(e) through

(i)for the placement of children.

Amended by Chapter 135 , 2026 General Session