80-4-103. Nature of the proceedings -- Rules of procedure -- Burden of proof.
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Effective 9/1/2021
80-4-103. Nature of the proceedings -- Rules of procedure -- Burden of proof.
(1)The proceedings under this chapter are civil in nature and are governed by the Utah Rules of Civil Procedure and the Utah Rules of Juvenile Procedure.
(2)The juvenile court shall:
(a)in all cases filed under this chapter require the petitioner to establish the facts by clear and convincing evidence;
(b)give full and careful consideration to all of the evidence presented with regard to the constitutional rights and claims of the parent; and
(c)if a parent is found, by reason of the parent's conduct or condition, to be unfit or incompetent based upon any of the grounds for termination described in this chapter, consider the welfare and best interest of the child of paramount importance in determining whether to terminate parental rights.
Enacted by Chapter 261 , 2021 General Session