§ 80-4-205 — Expedited hearing for temporary custody.

(1) At any time after a petition for termination of parental rights is filed, the juvenile court may make an order in accordance with this chapter:

(1)(a) providing for temporary custody of the child who is the subject of the petition; or
(1)(b) that the division provide protective services to the child who is the subject of the petition if the juvenile court determines that:
(1)(b)(i) the child is at risk of being removed from the child's home due to abuse and neglect; and
(1)(b)(ii) the provision of protective services may make the removal described in Subsection (1)(b)(i) unnecessary.
(2) (2)(a) The juvenile court shall hold an expedited hearing to determine whether a child should be placed in temporary custody if:
(2)(a)(i) a person files a petition for termination of parental rights;
(2)(a)(ii) a party to the proceeding files a motion for expedited placement in temporary custody; and
(2)(a)(iii) notice of the hearing described in this Subsection (1)(a) is served consistent with the requirements for notice of a shelter hearing under Section 80-3-301.
(2)(b) The hearing described in Subsection (2)(a):
(2)(b)(i) shall be held within 72 hours, excluding weekends and holidays, after the time in which the motion described in Subsection (2)(a)(ii) is filed; and
(2)(b)(ii) shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of Juvenile Procedure, Rule 13.
(3) (3)(a) The hearing and notice described in Subsection (1) are subject to:
(3)(a)(i) Section 80-3-301;
(3)(a)(ii) Section 80-3-302; and
(3)(a)(iii) the Utah Rules of Juvenile Procedure.
(3)(b) After the hearing described in Subsection (1), the juvenile court may order a child placed in the temporary custody of the division.

Legislative History

Enacted by Chapter 261, 2021 General Session