80-3-109. Physical or mental health examination during proceedings -- Division duties.

410 words·~2 min read·/ut/title-80/chapter-3/80-3-109

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

Effective 9/1/2022

(1)In a proceeding under this chapter, the juvenile court:

(a)may appoint any mental health therapist, as defined in Section 58-60-102 , who the juvenile court finds to be qualified to:

(i)evaluate the mental health of a minor or provide mental health services to the minor; or

(ii)after notice and a hearing set for the specific purpose, evaluate the mental health of the minor's parent or guardian or provide mental health services to the parent or guardian if the juvenile court finds from the evidence presented at the hearing that the parent's or guardian's mental or emotional condition may be a factor in causing the abuse, neglect, or dependency of the minor; or

(b)may appoint a physician, or a physician assistant, who the juvenile court finds to be qualified to:

(i)physically examine the minor; or

(ii)after notice and a hearing set for the specific purpose, physically examine the minor's parent or guardian if the juvenile court finds from the evidence presented at the hearing that the parent's or guardian's physical condition may be a factor in causing the abuse, neglect, or dependency of the minor.

(2)The juvenile court may not refuse to appoint a mental health therapist under Subsection

(1)for the reason that the therapist's recommendations in another case did not follow the recommendations of the division.

(3)The division shall, with regard to a minor in the division's custody:

(a)take reasonable measures to notify a minor's parent or guardian of any non-emergency health treatment or care scheduled for a minor;

(b)include the minor's parent or guardian as fully as possible in making health care decisions for the minor;

(c)defer to the minor's parent's or guardian's reasonable and informed decisions regarding the minor's health care to the extent that the minor's health and well-being are not unreasonably compromised by the parent's or guardian's decision; and

(d)notify the minor's parent or guardian within five business days after the day on which the minor receives emergency health care or treatment.

(4)An examination conducted in accordance with Subsection

(1)is not a privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general rule of privilege.

(5)Subsection

(1)applies to a proceeding under this chapter involving:

(a)parents and minors; or

(b)the division.

Amended by Chapter 334 , 2022 General Session