Utah § 80-2-309 Orientation and identity.

Utah Statutes

§ 80-2-309 — Orientation and identity.

Utah § 80-2-309

Title 80Utah Juvenile Code

Ch. 80-2Child Welfare Services

Part 80-2-3Division Responsibilities

This text of Utah § 80-2-309 (Orientation and identity.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 80-2-309 (2026).

Text

(1)As used in this section:

(1)(a) (1)(a)(i) "Custodian" means an individual who has legal custody of a child.

(1)(a)(ii) "Custodian" does not include the division.

(1)(b) (1)(b)(i) "Guardian" means an individual who has qualified as a guardian of a child pursuant to testamentary or court appointment, or by written instrument as provided in Section 75-5-202.5.

(1)(b)(ii) "Guardian" does not include a guardian ad litem.

(2)(2)(a) For a child in the protective custody, temporary custody, or custody of the division:

(2)(a)(i) subject to Subsection (2)(b), the division may not withhold or conceal information related to a child's asserted gender identity or sexual orientation from the child's parent, guardian, or custodian;

(2)(a)(ii) without consent from the child's parent, guardian, or cust

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(1) As used in this section:
(1)(a) (1)(a)(i) "Custodian" means an individual who has legal custody of a child.
(1)(a)(ii) "Custodian" does not include the division.
(1)(b) (1)(b)(i) "Guardian" means an individual who has qualified as a guardian of a child pursuant to testamentary or court appointment, or by written instrument as provided in Section 75-5-202.5.
(1)(b)(ii) "Guardian" does not include a guardian ad litem.
(2) (2)(a) For a child in the protective custody, temporary custody, or custody of the division:
(2)(a)(i) subject to Subsection (2)(b), the division may not withhold or conceal information related to a child's asserted gender identity or sexual orientation from the child's parent, guardian, or custodian;
(2)(a)(ii) without consent from the child's parent, guardian, or custodian, the division may not refer to the child in division records in a way that is contrary to the child's biological sex;
(2)(a)(iii) the division may not initiate hormonal transgender treatment, a primary sex characteristic surgical procedure, or a secondary sex characteristic surgical procedure for the child; and
(2)(a)(iv) if a foster parent expresses discomfort with caring for a child based on the child's asserted gender identity or sexual orientation, the division may not place the child with that foster parent and may not discriminate or take other adverse action against the foster parent solely on that basis.
(2)(b) If a child discloses to the division information regarding the child's asserted gender identity or sexual orientation, and the child wants the information to remain private, the division shall develop a plan in cooperation with the child's therapist or counselor that:
(2)(b)(i) allows the division to comply with the requirements described in Subsection (2)(a)(i);
(2)(b)(ii) will not result in harm, as that term is defined in Section 80-1-102, to the child; and
(2)(b)(iii) is in compliance with all applicable privacy laws.