80-4-106. Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities.
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Effective 9/1/2025
80-4-106. Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities.
(a)The parties shall be advised of the parties' right to counsel, including the appointment of counsel for a parent or guardian facing any action initiated by a private party under this chapter or under Section 81-13-205 for termination of parental rights.
(b)If a parent or guardian is the subject of a petition for the termination of parental rights, the juvenile court shall:
(i)appoint an indigent defense service provider for a parent or guardian determined to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel ; and
(ii)order indigent defense services for the parent or guardian who is determined to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel .
(c)In any action under this chapter, a guardian ad litem, as defined in Section 78A-2-801 , shall represent the child in accordance with Sections 78A-2-803 and 80-3-104 .
(2)Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in civil enforcement actions, the attorney general shall, in accordance with Section 80-2-303 , enforce this chapter, Chapter 2, Child Welfare Services , and Chapter 2a, Removal and Protective Custody of a Child , relating to the termination of parental rights.
(a)The juvenile court shall admit any individual to a hearing unless the juvenile court makes a finding upon the record that the individual's presence at the hearing would:
(i)be detrimental to the best interest of a child who is a party to the proceeding;
(ii)impair the fact-finding process; or
(iii)be otherwise contrary to the interests of justice.
(b)The juvenile court may exclude an individual from a hearing under Subsection (3)(a) on the juvenile court's own motion or by motion of a party to the proceeding.
Amended by Chapter 426 , 2025 General Session