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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-3h-101 Definitions.
As used in this chapter:
(1) "Court" means the juvenile court.
(2) "Division" means the Division of Child and Family
Services.
2003
78-3h-102 Petition - Ex parte determination - Guardian ad litem - Referral to division.
(1) Any interested person may file a petition for a protective order on behalf of a child who has been abused, sexually abused, neglected, or abandoned or is in imminent danger of being abused, sexually abused, neglected, or abandoned. The petitioner shall first make a referral to the division.
(2) Upon the filing of a petition, the court shall immediately determine, based on the evidence and information presented, whether the minor has been abused, sexually abused, neglected, or abandoned or is in imminent danger of being abused, sexually abused, neglected, or abandoned. If so, the court shall enter an ex parte child protective order.
(3) The court may appoint an attorney guardian ad litem
for the child who is the subject of the petition.
2003
78-3h-103 Hearing.
(1) The court shall schedule a hearing within 20 days after the ex parte determination.
(2) The petitioner shall serve a copy of the petition, ex parte child protective order, and notice of hearing on the respondent, the minor's parent or guardian, and the guardian ad litem. The notice shall contain:
(a) the name and address of the person to whom it is directed;
(b) the date, time, and place of the hearing;
(c) the name of the minor on whose behalf a petition is being brought; and
(d) a statement that a person is entitled to have an attorney present at the hearing.
(3) The court shall provide an opportunity for any person having relevant knowledge to present evidence or information. The court may hear statements by counsel.
(4) An agent of the division served with a subpoena in compliance with the Utah Rules of Civil Procedure shall testify in accordance with the Utah Rules of Evidence.
(5) If the court determines, based on a preponderance
of the evidence, that the minor has been abused, sexually
abused, neglected, or abandoned or is in imminent danger
of being abused, sexually abused, neglected, or abandoned,
the court shall enter a child protective order. With the
exception of the provisions of Section
78-3a-320
, a child protective order does not constitute
an adjudication of abuse, neglect, or dependency under Title
78, Chapter 3a, Part 3, Abuse Neglect and Dependency Proceedings.
2003
78-3h-104 Content of order.
(1) A child protective order or an ex parte child protective order may contain the following provisions the violation of which is a class A misdemeanor under Section 77-36-2.4 :
(a) enjoin the respondent from threatening to commit or committing abuse or neglect of the minor;
(b) prohibit the respondent from harassing, telephoning, contacting, or otherwise communicating with the minor, directly or indirectly;
(c) prohibit the respondent from entering or remaining upon the residence, school, or place of employment of the minor and the premises of any of these or any specified place frequented by the minor;
(d) upon finding that the respondent's use or possession of a weapon may pose a serious threat of harm to the minor, prohibit the respondent from purchasing, using, or possessing a firearm or other specified weapon; and
(e) determine ownership and possession of personal property and direct the appropriate law enforcement officer to attend and supervise the petitioner's or respondent's removal of personal property.
(2) A child protective order or an ex parte child protective order may contain the following provisions the violation of which is contempt of court:
(a) determine temporary custody of a minor who is the subject of the petition;
(b) determine parent-time with a minor who is the subject of the petition, including denial of parent-time if necessary to protect the safety of the minor, and require supervision of parent-time by a third party;
(c) determine support in accordance with Title 78, Chapter 45, Uniform Liability for Support Act; and
(d) order any further relief the court considers necessary to provide for the safety and welfare of the minor.
(3) A child protective order and an ex parte child protective order shall include:
(a) a statement that violation of a criminal provision is a class A misdemeanor and violation of a civil provision is contempt of court; and
(b) information the petitioner is able to provide to facilitate identification of the respondent, such as Social Security number, driver license number, date of birth, address, telephone number, and physical description.
(4) A child protective order shall include:
(a) a statement that:
(i) three years from entry of the order, the respondent may petition to dismiss the criminal portion of the order;
(ii) the petitioner should, within the 30 days prior to the end of the three-year period, advise the court of the petitioner's address for notice of any hearing; and
(iii) the address provided by the petitioner will not be made available to the respondent;
(b) the date when the civil portion of the order will expire or be reviewed; and
(c) the following statement: "Respondent was afforded
notice and opportunity to be heard in the hearing that gave
rise to this order. Pursuant to the Violence Against Women
Act of 1994, P.L. 103-322, 108 Stat. 1796, 18 U.S.C.A. 2265,
this order is valid in all the United States, the District
of Columbia, tribal lands, and United States territories."
2003
78-3h-105 Service - Income withholding - Expiration.
(1) If the court enters an ex parte child protective order or a child protective order, the court shall:
(a) make reasonable efforts to ensure that the order is understood by the petitioner and the respondent, if present;
(b) as soon as possible transmit the order to the county sheriff for service; and
(c) by the end of the next business day after the order is entered transmit a copy of the order to any law enforcement agency designated by the petitioner and to the statewide domestic violence network described in Section 30-6-8 .
(2) The county sheriff shall serve the order and transmit verification of service to the statewide domestic violence network described in Section 30-6-8 in an expeditious manner. Any law enforcement agency may serve the order and transmit verification of service to the statewide domestic violence network if the law enforcement agency has contact with the respondent or if service by that law enforcement agency is in the best interests of the child.
(3) When an order is served on a respondent in a jail, prison, or other holding facility, the law enforcement agency managing the facility shall notify the petitioner of the respondent's release. Notice to the petitioner consists of a prompt, good faith effort to provide notice, including mailing the notice to the petitioner's last-known address.
(4) Child support orders issued as part of a child protective order are subject to mandatory income withholding under Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases.
(5) After notice and hearing a court may modify or vacate a child protective order without a showing of substantial and material change in circumstances, except that the criminal provisions of the child protective order may not be vacated within two years of issuance unless the petitioner:
(a) is personally served with notice of the hearing as provided in Rule 4, Utah Rules of Civil Procedure, and the petitioner personally appears before the court and gives specific consent to the vacation of the criminal provisions of the protective order; or
(b) submits a verified affidavit, stating agreement to the vacation of the criminal provisions of the protective order.
(6) The civil provisions of the child protective order
expire 150 days after the date of the pretrial hearing unless
a different date is set by the court. The court may not set
a date more than 150 days after the date of the pretrial
hearing without a finding of good cause. The court may review
and extend the expiration date, but may not extend it to
more than 150 days after the date of the pretrial hearing
without a finding of good cause. Any civil provision of the
child protective order assimilated into the order remains
effective until the minor is 18 years of age unless otherwise
ordered by the court.
2003
78-3h-106 Statewide domestic violence network.
The Administrative Office of the Courts, in cooperation
with the Department of Public Safety and the Criminal Investigations
and Technical Services Division, shall post ex parte child
protective orders, child protective orders, and any modifications
to them on the statewide network established in Section
30-6-8
.
2003
78-3h-107 Forms and assistance - No fees.
(1) The Administrative Office of the Courts shall adopt and make available uniform forms for petitions and orders conforming to this part. The forms shall notify the petitioner that:
(a) a knowing falsehood in any statement under oath may subject the petitioner to felony prosecution;
(b) the petitioner may provide a copy of the order to the principal of the minor's school; and
(c) the petitioner may enforce a court order through the court if the respondent violates or fails to comply with a provision of the order.
(2) If the petitioner is not represented, the clerk of the court shall provide, directly or through an agent:
(a) the forms adopted pursuant to Subsection (1);
(b) clerical assistance in completing the forms and filing the petition;
(c) information regarding means for service of process;
(d) a list of organizations with telephone numbers that may represent the petitioner; and
(e) information regarding the procedure for transporting a jailed or imprisoned respondent to hearings, including transportation order forms when necessary.
(3) No fee may be imposed by a court, constable, or law enforcement agency for:
(a) filing a petition under this chapter;
(b) obtaining copies necessary for service or delivery to law enforcement officials; or
(c) service of a petition, ex parte child protective order,
or child protective order.
2003
