Current through the 2024 Fourth Special Session
Section 80-4-205 - Expedited hearing for temporary custody(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: (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.Added by Chapter 261, 2021 General Session ,§ 102, eff. 9/1/2021.