§ 80-3-503 — Minor's petition for removal from division custody -- Reentering division custody.

(1) (1)(a) A minor who is 18 years old or older, but younger than 21 years old, may petition the juvenile court to express the minor's desire to have the minor be removed from the custody of the division if the minor is in the division's custody on grounds of abuse, neglect, or dependency.
(1)(b) If the minor's parent's rights have not been terminated in accordance with Chapter 4, Termination and Restoration of Parental Rights, the minor's petition described in Subsection (1)(a) shall contain a statement from the minor's parent or guardian agreeing that the minor should be removed from the custody of the division.
(1)(c) The minor and the minor's parent or guardian shall sign the petition described in Subsection (1)(a).
(2) The juvenile court shall:

(2)(a) review the petition described in Subsection (1)(a) within 14 days after the day on which the petition is filed; and
(2)(b) remove the minor from the custody of the division if:
(2)(b)(i) the requirements under Subsections (1)(b) and (c) are met; and
(2)(b)(ii) the court finds, based on input from the division, the minor's attorney guardian ad litem, and the Office of the Attorney General, that the minor does not pose an imminent threat to self or others.
(3) (3)(a) A minor removed from custody of the division under this section may, within 90 days after the day on which the minor is removed from custody of the division, petition the court to re-enter custody of the division.
(3)(b) Upon receiving a petition described in Subsection (3)(a), the juvenile court shall order the division to take custody of the minor based on the findings the juvenile court entered when the juvenile court originally vested custody of the minor in the division.

Legislative History

Enacted by Chapter 261, 2021 General Session