80-4-108. Physical or mental health examination during proceedings.

411 words·~2 min read·/ut/title-80/chapter-4/80-4-108

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

Effective 9/1/2021

(1)In a proceeding under this chapter, the juvenile court may appoint any mental health therapist, as defined in Section 58-60-102 , who the juvenile court finds to be qualified to:

(a)evaluate the mental health of, or provide mental health services to, the child; or

(b)after notice and a hearing set for the specific purpose, evaluate the mental health of a parent, or provide mental health services to a parent, if the juvenile court finds from the evidence presented at the hearing that the parent's mental or emotional condition may be a factor in the parent's unfitness.

(2)The juvenile court:

(a)may not refuse to appoint a mental health therapist under Subsection

(1)for the reason that the therapist's recommendations in another case did not follow the recommendations of the division or the Office of Guardian Ad Litem; and

(b)shall give strong consideration to the parent's or guardian's wishes regarding the selection of a mental health therapist.

(3)In a proceeding under this chapter, the juvenile court may appoint a physician, or a physician assistant, who the court finds to be qualified to:

(a)physically examine the child; or

(b)after notice and a hearing set for a specific purpose, physically examine the parent if the juvenile court finds from the evidence presented at the hearing that the parent's physical condition may be a factor in causing the parent's unfitness.

(4)The division shall, with regard to a child in the division's custody:

(a)take reasonable measures to notify a parent of any non-emergency health treatment or care scheduled for a child;

(b)include the parent as fully as possible in making health care decisions for the child;

(c)defer to the parent's reasonable and informed decisions regarding the child's health care to the extent that the child's health and well-being are not unreasonably compromised by the parent's decision; and

(d)notify the parent of the child within five business days after the day on which the child receives emergency health care or treatment.

(5)An examination conducted in accordance with Subsection

(1)or

(2)is not a privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general rule of privilege.

(6)This section applies to all juvenile court proceedings under this chapter involving:

(a)parents and children; or

(b)the division.

Renumbered and Amended by Chapter 261 , 2021 General Session