78B-7-205. Service -- Income withholding -- Expiration.

526 words·~2 min read·/ut/title-78b/chapter-7/78b-7-205

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

Effective 5/3/2023

(1)If the court enters an ex parte child protective order or a child protective order, the court shall:

(a)make reasonable efforts to ensure that the order is understood by the petitioner and the respondent, if present;

(b)as soon as possible transmit the order to the county sheriff for service; and

(c)by the end of the next business day after the order is entered, transmit electronically a copy of the order to any law enforcement agency designated by the petitioner and to the statewide domestic violence network described in Section 78B-7-113 .

(2)The county sheriff shall serve the order and transmit verification of service to the statewide domestic violence network described in Section 78B-7-113 in an expeditious manner. Any law enforcement agency may serve the order and transmit verification of service to the statewide domestic violence network if the law enforcement agency has contact with the respondent or if service by that law enforcement agency is in the best interests of the child.

(3)When an order is served on a respondent in a jail, prison, or other holding facility, the law enforcement agency managing the facility shall notify the petitioner of the respondent's release. Notice to the petitioner consists of a prompt, good faith effort to provide notice, including mailing the notice to the petitioner's last-known address.

(4)Child support orders issued as part of a child protective order are subject to mandatory income withholding under Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases , and Title 26B, Chapter 9, Part 4, Income Withholding in Non IV-D Cases .

(a)A child protective order issued against a respondent who is a parent, stepparent, guardian, or custodian of the child who is the subject of the order expires 150 days after the day on which the order is issued unless a different date is set by the court.

(b)The court may not set a date on which a child protective order described in Subsection (5)(a) expires that is more than 150 days after the day on which the order is issued without a finding of good cause.

(c)The court may review and extend the expiration date of a child protective order described in Subsection (5)(a) , but may not extend the expiration date more than 150 days after the day on which the order is issued without a finding of good cause.

(d)Notwithstanding Subsections (5)(a) through

(c), a child protective order is not effective after the day on which the child who is the subject of the order turns 18 years old and the court may not extend the expiration date of a child protective order to a date after the day on which the child who is the subject of the order turns 18 years old.

(6)A child protective order issued against a respondent who is not a parent, stepparent, guardian, or custodian of the child who is the subject of the order expires on the day on which the child turns 18 years old.

Amended by Chapter 330 , 2023 General Session