Utah § 80-3-304 Second medical opinion in cases of alleged medical neglect.

Utah Statutes

§ 80-3-304 — Second medical opinion in cases of alleged medical neglect.

Utah § 80-3-304

Title 80Utah Juvenile Code

Ch. 80-3Abuse, Neglect, and Dependency Proceedings

Part 80-3-3Shelter Proceedings and Placement of a Child

This text of Utah § 80-3-304 (Second medical opinion in cases of alleged medical neglect.) 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. § 80-3-304 (2026).

Text

(1)In cases of alleged medical neglect where the division seeks protective custody, temporary custody, or custody of the child based on the report or testimony of a physician, a parent or guardian shall have a reasonable amount of time, as determined by the juvenile court, to obtain a second medical opinion from another physician of the parent's or guardian's choosing who has expertise in the applicable field.

(2)Unless there is an imminent risk of death or a deteriorating condition of the child's health, the child shall remain in the custody of the parent or guardian while the parent or guardian obtains a second medical opinion.

(3)If the second medical opinion results in a different diagnosis or treatment recommendation from that of the opinion of the physician the division used, the

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(1) In cases of alleged medical neglect where the division seeks protective custody, temporary custody, or custody of the child based on the report or testimony of a physician, a parent or guardian shall have a reasonable amount of time, as determined by the juvenile court, to obtain a second medical opinion from another physician of the parent's or guardian's choosing who has expertise in the applicable field.
(2) Unless there is an imminent risk of death or a deteriorating condition of the child's health, the child shall remain in the custody of the parent or guardian while the parent or guardian obtains a second medical opinion.
(3) If the second medical opinion results in a different diagnosis or treatment recommendation from that of the opinion of the physician the division used, the juvenile court shall give deference to the second medical opinion as long as that opinion is reasonable and informed and is consistent with treatment that is regularly prescribed by medical experts in the applicable field.
(4) Subsections (1) through (3) do not apply to emergency treatment or care when the child faces an immediate threat of death or serious and irreparable harm and when there is insufficient time to safely allow the parent or guardian to provide alternative necessary care and treatment of the parent's or guardian's choosing.