80-3-203. Expedited hearing for temporary custody.

284 words·~1 min read·/ut/title-80/chapter-3/80-3-203

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

Effective 9/1/2021

(1)After an abuse, neglect, or dependency petition is filed, the juvenile court may make an order:

(a)providing for temporary custody of the child who is the subject of the petition; or

(b)that the division provide protective services to the child who is the subject of the petition if the juvenile court determines that:

(i)the child is at risk of being removed from the child's home due to abuse or neglect; and

(ii)the provision of protective services may make the removal described in Subsection (1)(b)(i) unnecessary.

(a)The juvenile court shall hold an expedited hearing to determine whether a child should be placed in temporary custody if:

(i)a person files an abuse, neglect, or dependency petition;

(ii)a party to the proceeding files a motion for expedited placement in temporary custody; and

(iii)notice of the hearing described in this Subsection (1)(a) is served consistent with the requirements for notice of a shelter hearing under Section 80-3-301 .

(b)The hearing described in Subsection (2)(a) :

(i)shall be held within 72 hours, excluding weekends and holidays, after the time in which the motion described in Subsection (2)(a)(ii) is filed; and

(ii)shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of Juvenile Procedure, Rule 13.

(a)The hearing and notice described in Subsection

(1)are subject to:

(i)Section 80-3-301 ;

(ii)Section 80-3-302 ; and

(iii)the Utah Rules of Juvenile Procedure.

(b)After the hearing described in Subsection

(1), the juvenile court may order a child placed in the temporary custody of the division.

Enacted by Chapter 261 , 2021 General Session