80-3-201. Petition -- Who may file -- Timing -- Dismissal -- Notice.

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

Effective 9/1/2022

(1)Subject to Subsection

(2), any interested person may file an abuse, neglect, or dependency petition.

(2)A person described in Subsection

(1)shall make a referral with the division before the person files an abuse, neglect, or dependency petition.

(3)If a child who is the subject of an abuse, neglect, or dependency petition is removed from the child's home by the division, the petition shall be filed on or before the day on which the initial shelter hearing described in Section 80-3-301 is held.

(4)An abuse, neglect, or dependency petition shall include:

(a)a concise statement of facts, separately stated, to support the conclusion that the child upon whose behalf the abuse, neglect, or dependency petition is brought is abused, neglected, or dependent; and

(b)a statement regarding whether the child is in protective custody, and if so, the date and precise time the child was taken into protective custody.

(a)Upon the filing of an abuse, neglect, or dependency petition, the petitioner shall serve the petition and notice on:

(i)the guardian ad litem;

(ii)both parents and any guardian of the child; and

(iii)the child's foster parents.

(b)The notice described in Subsection

(5)shall contain all of the following:

(i)the name and address of the person to whom the notice is directed;

(ii)the date, time, and place of the hearing on the petition;

(iii)the name of the child on whose behalf the petition is brought;

(iv)a statement that the parent or guardian to whom notice is given, and the child, are entitled to have an attorney present at the hearing on the petition, and that if the parent or guardian is indigent and cannot afford an attorney, and desires to be represented by an attorney, one will be provided; and

(v)a statement that the parent or guardian is liable for the cost of support of the child in the protective custody, temporary custody, and custody of the division, and for legal counsel appointed for the parent or guardian under Subsection (5)(b)(iv) , according to the parent's or guardian's financial ability.

(6)The petitioner shall serve the abuse, neglect, or dependency petition and notice under this section on all individuals described in Subsection (5)(a) as soon as possible after the petition is filed and at least five days before the day on which the hearing is set.

(7)The juvenile court may dismiss an abuse, neglect, or dependency petition at any stage of the proceedings.

(8)If an abuse, neglect, or dependency petition includes an allegation of educational neglect, Sections 53G-6-210 and 53G-6-211 are applicable to the proceedings under this chapter.

Amended by Chapter 334 , 2022 General Session