Utah § 63G-4-104 Bases for certain recommendations and decisions limited.

Utah Statutes

§ 63G-4-104 — Bases for certain recommendations and decisions limited.

Utah·Title 63G General Government·Ch. 63G-4 Administrative Procedures Act·Part 63G-4-1 General Provisions

(1)Except as provided in Subsection (2), no agency may recommend or rule on the custody, placement, including foster placement, or other disposition alternative for a minor, or the termination of parental rights, based on the fact that a parent or guardian of the minor lawfully does one or more of the following:

(1)(a) legally possesses or uses a firearm or other weapon;

(1)(b) espouses particular religious beliefs; or

(1)(c) schools the minor or other minors outside the public education system or is otherwise sympathetic to schooling a minor outside the public education system.

(2)Subsection (1) does not prohibit a recommendation or ruling based on the compatibility of a minor with a particular custody, placement, or other disposition alternative as determined by the presence of any of

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(1) Except as provided in Subsection (2), no agency may recommend or rule on the custody, placement, including foster placement, or other disposition alternative for a minor, or the termination of parental rights, based on the fact that a parent or guardian of the minor lawfully does one or more of the following:

(1)(a) legally possesses or uses a firearm or other weapon;
(1)(b) espouses particular religious beliefs; or
(1)(c) schools the minor or other minors outside the public education system or is otherwise sympathetic to schooling a minor outside the public education system.
(2) Subsection (1) does not prohibit a recommendation or ruling based on the compatibility of a minor with a particular custody, placement, or other disposition alternative as determined by the presence of any of the factors in Subsections (1)(a) through (1)(c).

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