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12-15-308
Section 12-15-308 Filing of petition and conduct of 72-hour hearing as to necessity
for continuation of shelter care of a child. (a) When a child alleged to be dependent has
been removed from the custody of the parent, legal guardian, or legal custodian and has not
been returned to same, a hearing shall be held within 72 hours from the time of removal, Saturdays,
Sundays, and holidays included, to determine whether continued shelter care is required. (b)
Notice of the 72-hour hearing requirement, either verbal or written, stating the date, time,
place, and purpose of the hearing and the right to counsel shall be given to the parent, legal
guardian, or legal custodian if he or she can be found. (c) At the commencement of the 72-hour
hearing requirement, the juvenile court shall advise the parent, legal guardian, or legal
custodian of the right to counsel and shall appoint counsel if the juvenile court determines
he or she is indigent. If the juvenile court already has not done so, it...
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12-15-503
Section 12-15-503 Recommendation by county team; decision by juvenile court of multiple
needs child. (a) Within 21 days of receipt of a juvenile court referral or within another
time specified by the juvenile court, the county team shall present to the juvenile court
a plan of services addressing the needs of the child referred to the county team and the respective
responsibilities of departments, agencies, and organizations composing this county team. Upon
receipt of this plan, the juvenile court may find the child a multiple needs child. When the
juvenile court finds it is in the best interests of the multiple needs child, the juvenile
court may order the use of any dispositional alternative or service available for dependent
children, delinquent children, or children in need of supervision, children who are emotionally
disturbed, children with an intellectual disability or mental illness, or children who need
specialized educational services, or children who need health services, or...
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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports,
and information acquired or generated in juvenile courts concerning children shall be confidential
and shall not be released to any person, department, agency, or entity, except as provided
elsewhere in this section: (1) Juvenile legal files (including formal documents as
petitions, notices, motions, legal memoranda, orders, and decrees). (2) Social records, including
but not limited to: a. Records of juvenile probation officers. b. Records of the Department
of Human Resources. c. Records of the Department of Youth Services. d. Medical records. e.
Psychiatric or psychological records. f. Reports of preliminary inquiries and predisposition
studies. g. Supervision records. h. Birth certificates. i. Individualized service plans. j.
Education records, including, but not limited to, individualized education plans. k. Detention
records. l. Demographic information that identifies a child or the family of a...
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12-15-315
Section 12-15-315 Permanency hearing for Department of Human Resources cases only. (a)
Within 12 months of the date a child is removed from the home and placed in out-of-home care,
and not less frequently than every 12 months thereafter during the continuation of the child
in out-of-home care, the juvenile court shall hold a permanency hearing. The Department of
Human Resources shall present to the juvenile court at the hearing a permanent plan for the
child. The juvenile court shall consult with the child, in an age-appropriate manner, regarding
the permanency plan and any transition plan to independent living. If a permanent plan is
not presented to the juvenile court at this hearing, there shall be a rebuttable presumption
that the child should be returned home. This provision is intended to ensure that a permanent
plan is prepared by the Department of Human Resources and presented to the juvenile court
within 12 months of the placement of any child in foster care and no less...
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26-2A-102
Section 26-2A-102 Court appointment of guardian for incapacitated person. (a) Except
as provided by subsection (e), an incapacitated person or any person interested in the welfare
of the incapacitated person may petition for appointment of a limited or general guardian.
(b) After the filing of a petition, the court shall set a date for hearing on the issue of
incapacity so that notices may be given as required by Section 26-2A-103, and, unless
the allegedly incapacitated person is represented by counsel, appoint an attorney to represent
the person in the proceeding. The person so appointed may be granted the powers and duties
of a guardian ad litem. The person alleged to be incapacitated shall be examined by a physician
or other qualified person appointed by the court who shall submit a report in writing to the
court. The person alleged to be incapacitated also shall be interviewed by a court representative
sent by the court. The court representative also shall interview the person who...
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12-15-301
Section 12-15-301 Definitions. For purposes of this article, the following words and
phrases shall have the following meanings: (1) ABANDONMENT. A voluntary and intentional relinquishment
of the custody of a child by a parent, or a withholding from the child, without good cause
or excuse, by the parent, of his or her presence, care, love, protection, maintenance, or
the opportunity for the display of filial affection, or the failure to claim the rights of
a parent, or failure to perform the duties of a parent. (2) AGE APPROPRIATE or DEVELOPMENTALLY
APPROPRIATE. Activities or items that are generally accepted as suitable for children of the
same chronological age or level of maturity or that are determined to be developmentally appropriate
for a child based on the development of cognitive, emotional, physical, and behavioral capacities
that are typical for an age or age group and, in the case of a specific child, activities
or items that are suitable for the child based on the...
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26-2A-73
Section 26-2A-73 Court appointment of guardian of minor; conditions for appointment.
(a) The court may appoint a guardian for an unmarried minor if all parental rights have been
terminated or suspended by circumstances or prior order of a court having jurisdiction; unless
a custodian has been appointed under Section 26-18-8, or otherwise by the juvenile
court when parental rights have been terminated or suspended. A guardian appointed pursuant
to Section 26-2A-71 whose appointment has not been prevented or nullified under Section
26-2A-72 has priority over any guardian who may be appointed by the court, but the court may
proceed with another appointment upon a finding that the parental nominee has failed to accept
the appointment within 30 days after notice of the guardianship proceeding. (b) If necessary,
and on appropriate petition or application, the court may appoint a temporary guardian who
shall have the full authority of a general guardian of a minor, but the authority of a...
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12-15-210
Section 12-15-210 Notification to children of right to counsel; appointment of counsel
by juvenile court. (a) In delinquency and child in need of supervision cases, a child and
his or her parent, legal guardian, or legal custodian shall be advised by the juvenile court
or its representative at intake that the child has the right to be represented at all stages
of the proceedings by a child's attorney retained by them or, if they are unable to afford
a child's attorney, by a child's attorney appointed by the juvenile court. (b) If a child's
attorney is not retained by the child or a party in a juvenile court proceeding in which there
is a reasonable likelihood such may result in a placement in an institution in which the freedom
of the child is curtailed, a child's attorney shall be appointed to defend the child. (c)
In delinquency and child in need of supervision proceedings, a juvenile court may appoint
a guardian ad litem in addition to the child's attorney described in this section....
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18-1A-275
Section 18-1A-275 Guardian ad litem for infants or incompetents. If the owner of the
lands or other party interested therein is an infant or is of unsound mind, the probate court,
on the day appointed for the hearing, must appoint a guardian ad litem to represent him, and
the guardian so appointed must file a written acceptance of the appointment, must appear and
protect the rights and interests of such infant or person of unsound mind, and, if he deems
it necessary, may employ counsel to assist him. The compensation of such guardian and of his
counsel must be ascertained by the probate court and taxed as costs of the proceedings. (Acts
1985, No. 85-548, p. 802, §1606.)...
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42-2-4
Section 42-2-4 Appointment of guardian ad litem and counsel for infants and persons
of unsound mind. If the owner of the lands is an infant or is of unsound mind, the court,
on the day appointed for the hearing, must appoint a guardian ad litem to represent him, and
the guardian so appointed must file a written acceptance of the appointment, must appear and
protect the rights and interests of such infant or person of unsound mind and, if he deems
it necessary, may employ counsel to assist him. The compensation of such guardian and of his
counsel must be ascertained by the court and taxed as costs of the proceedings. (Code 1907,
§2417; Code 1923, §3151; Code 1940, T. 59, §7.)...
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