80-3-306. Outstanding arrest warrant check before return of custody.
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Effective 9/1/2021
80-3-306. Outstanding arrest warrant check before return of custody.
(1)Before the division may recommend that a child who is in protective custody, temporary custody, or custody of the division be returned to the custody of a parent or guardian of the child, the division shall determine whether the parent or guardian has an outstanding felony arrest warrant in any state where the parent or guardian has resided or in any state where an immediate family member of the parent or guardian resides.
(2)The division shall file the results of the felony arrest warrant check with the juvenile court.
(a)If the parent or guardian of a child who is in protective custody, temporary custody, or custody of the division has an outstanding arrest warrant in any state, the juvenile court may deny the return of the child to the custody of the parent or guardian.
(b)When making a determination described in Subsection (3)(a) , the juvenile court shall consider the best interest of the child.
Renumbered and Amended by Chapter 261 , 2021 General Session