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Utah Code Title 80. Utah Juvenile Code § 80-2a-203. Notice upon issuance of a warrant or removal of a child--Locating noncustodial parent--Information provided to parent, guardian, or responsible relative

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) A peace officer or child welfare caseworker who takes a child into protective custody under Subsection 80-2a-202(1), shall immediately use reasonable efforts to locate and inform, through the most efficient means available, the child's parents, including a noncustodial parent, the child's guardian, or a responsible relative:

(i) that the child is in protective custody;

(ii) the reason for removal and placement of the child in protective custody;

(iii) that the parent, guardian, or relative will be provided with information on:

(A) the parent's or guardian's procedural rights; and

(B) the preliminary stages of the investigation and shelter hearing;

(iv) of a telephone number where the parent or guardian may access further information;

(v) that the child and the child's parent or guardian are entitled to have an attorney present at the shelter hearing;

(vi) that if the child's parent or guardian is an indigent individual and desires to have an attorney, one will be provided; and

(vii) that resources are available to assist the child's parent or guardian, including:

(A) a parent advocate;

(B) a qualified attorney; or

(C) potential expert witnesses to testify on behalf of the child or the child's parent, guardian, or family.

(b) For purposes of locating and informing the noncustodial parent under Subsection (1)(a), the division shall search for the noncustodial parent through the Federal Parent Locator Service if the division is unable to locate the noncustodial parent through other reasonable efforts.

(2) At the time that a child is taken into protective custody under Subsection 80-2a-202(2), the division shall provide the child's parent or guardian an informational packet with:

(a) all of the information described in Subsection (1);

(b) information on the conditions under which a child may be released from protective custody;

(c) information on resources that are available to the parent or guardian, including:

(i) mental health resources;

(ii) substance abuse resources; and

(iii) parenting classes; and

(d) any other information considered relevant by the division.

(3) The division shall ensure the informational packet described in Subsection (2) is:

(a) evaluated periodically for the effectiveness of the informational packet at conveying necessary information and revised accordingly;

(b) written in simple, easy-to-understand language;

(c) available in English and other languages as the division determines to be appropriate and necessary; and

(d) made available for distribution in:

(i) schools;

(ii) health care facilities;

(iii) local police and sheriff's offices;

(iv) the offices of the division; and

(v) any other appropriate office within the department.

(4) If reasonable efforts are made by the peace officer or child welfare caseworker to notify the child's parent or guardian or a responsible relative under Subsection (1), failure to notify:

(a) shall be considered to be due to circumstances beyond the control of the peace officer or child welfare caseworker; and

(b) may not be construed to:

(i) permit a new defense to any juvenile or judicial proceeding; or

(ii) interfere with any rights, procedures, or investigations provided for by this chapter, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Chapter 4, Termination and Restoration of Parental Rights.

(5)(a) If the juvenile court issues a warrant under Subsection 80-2a-202(6), the division shall provide notice of the warrant to the child's parent or guardian who:

(i) has a right to parent-time with the child; and

(ii)(A) is the child's primary caregiver; or

(B) has custody of the child when the warrant is sought.

(b) The division shall make a good faith effort to provide notice to the child's parent or guardian who:

(i) is not required to be notified under Subsection (5)(a); and

(ii) has a right to parent-time with the child.

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Cite this article: FindLaw.com - Utah Code Title 80. Utah Juvenile Code § 80-2a-203. Notice upon issuance of a warrant or removal of a child--Locating noncustodial parent--Information provided to parent, guardian, or responsible relative - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-80-utah-juvenile-code/ut-code-sect-80-2a-203/

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