§ 80-4-106 — Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities.

(1) (1)(a) The parties shall be advised of the parties' right to counsel, including the appointment of counsel for a parent or guardian facing any action initiated by a private party under this chapter or under Section 81-13-205 for termination of parental rights.
(1)(b) If a parent or guardian is the subject of a petition for the termination of parental rights, the juvenile court shall:
(1)(b)(i) appoint an indigent defense service provider for a parent or guardian determined to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel; and
(1)(b)(ii) order indigent defense services for the parent or guardian who is determined to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel.
(1)(c) In any action under this chapter, a guardian ad litem, as defined in Section 78A-2-801, shall represent the child in accordance with Sections 78A-2-803 and 80-3-104.
(2) Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in civil enforcement actions, the attorney general shall, in accordance with Section 80-2-303, enforce this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, Removal and Protective Custody of a Child, relating to the termination of parental rights.
(3) (3)(a) The juvenile court shall admit any individual to a hearing unless the juvenile court makes a finding upon the record that the individual's presence at the hearing would:
(3)(a)(i) be detrimental to the best interest of a child who is a party to the proceeding;
(3)(a)(ii) impair the fact-finding process; or
(3)(a)(iii) be otherwise contrary to the interests of justice.
(3)(b) The juvenile court may exclude an individual from a hearing under Subsection (3)(a) on the juvenile court's own motion or by motion of a party to the proceeding.

Legislative History

Amended by Chapter 426, 2025 General Session