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Utah Code Title 80. Utah Juvenile Code § 80-4-205. Expedited hearing for temporary custody

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

(1) At any time after a petition for termination of parental rights is filed, the juvenile court may make an order in accordance with this chapter:

(a) providing for temporary custody of the child who is the subject of the petition; or

(b) that the division provide protective services to the child who is the subject of the petition if the juvenile court determines that:

(i) the child is at risk of being removed from the child's home due to abuse and neglect; and

(ii) the provision of protective services may make the removal described in Subsection (1)(b)(i) unnecessary.

(2)(a) The juvenile court shall hold an expedited hearing to determine whether a child should be placed in temporary custody if:

(i) a person files a petition for termination of parental rights;

(ii) a party to the proceeding files a motion for expedited placement in temporary custody; and

(iii) notice of the hearing described in this Subsection (1)(a) is served consistent with the requirements for notice of a shelter hearing under Section 80-3-301.

(b) The hearing described in Subsection (2)(a):

(i) shall be held within 72 hours, excluding weekends and holidays, after the time in which the motion described in Subsection (2)(a)(ii) is filed; and

(ii) shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of Juvenile Procedure, Rule 13.

(3)(a) The hearing and notice described in Subsection (1) are subject to:

(i)Section 80-3-301;

(ii)Section 80-3-302; and

(iii) the Utah Rules of Juvenile Procedure.

(b) After the hearing described in Subsection (1), the juvenile court may order a child placed in the temporary custody of the division.

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Cite this article: FindLaw.com - Utah Code Title 80. Utah Juvenile Code § 80-4-205. Expedited hearing for temporary custody - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-80-utah-juvenile-code/ut-code-sect-80-4-205/

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