80-3-108. Opportunity for a minor to address the juvenile court -- Consideration of minor's statement outside of court.
425 words·~2 min read·
/ut/title-80/chapter-3/80-3-108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 9/1/2021
80-3-108. Opportunity for a minor to address the juvenile court -- Consideration of minor's statement outside of court.
(1)As used in this section, "postadjudication hearing" means:
(a)a dispositional hearing;
(b)a permanency hearing; or
(c)a review hearing, except a drug court review hearing.
(2)A minor shall be present at any postadjudication hearing in a case relating to the abuse, neglect, or dependency of the minor, unless the juvenile court determines that:
(a)requiring the minor to be present at the postadjudication hearing would be detrimental to the minor or impractical; or
(b)the minor is not sufficiently mature to articulate the minor's wishes in relation to the hearing.
(3)A juvenile court may, in the juvenile court's discretion, order that a minor described in Subsection
(2)be present at a hearing that is not a postadjudication hearing.
(a)Except as provided in Subsection (4)(b) , at any hearing in a case relating to the abuse, neglect, or dependency of a minor, when the minor is present at the hearing, the juvenile court shall:
(i)ask the minor whether the minor desires the opportunity to address the juvenile court or testify; and
(ii)if the minor desires an opportunity to address the juvenile court or testify, allow the minor to address the juvenile court or testify.
(b)Subsection (4)(a) does not apply if the juvenile court determines that:
(i)it would be detrimental to the minor to comply with Subsection (4)(a) ; or
(ii)the minor is not sufficiently mature to articulate the minor's wishes in relation to the hearing.
(c)Subject to applicable court rules, the juvenile court may allow the minor to address the court in camera.
(d)If a minor 14 years old or older desires an opportunity to address the juvenile court or testify, the juvenile court shall give the minor's desires added weight, but may not treat the minor's desires as the single controlling factor in a postadjudication hearing or other hearing described in Subsection
(3).
(e)For the purpose of establishing the fact of abuse, neglect, or dependency, the juvenile court may, in the juvenile court's discretion, consider evidence of statements made by a child under eight years old to an individual in a trust relationship.
(5)This section does not prohibit a minor from being present at a hearing that the minor is not required to be at under this section or by court order, unless the juvenile court orders otherwise.
Renumbered and Amended by Chapter 261 , 2021 General Session