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30-3B-304
Section 30-3B-304 Temporary visitation. (a) A court of this state which does not have jurisdiction
to modify a child custody determination, may issue a temporary order enforcing: (1) A visitation
schedule made by a court of another state; (2) The visitation provisions of a child custody
determination of another state that does not provide for a specific visitation schedule; or
(3) The visitation provision of a child custody determination of another state by implementing
makeup or substitute visitation. (b) If a court of this state makes an order under subsection
(a)(2) or subsection (a)(3), it shall specify in the order a period that it considers adequate
to allow the petitioner to obtain an order from a court having jurisdiction under the criteria
specified in Article 2. The order remains in effect until an order is obtained from the other
court or the period expires. (Act 99-438, p. 866, §1.)...
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12-15-127
Section 12-15-127 Release, delivery to detention or shelter care facility, medical facility
of children taken into custody generally. (a) A person taking a child into custody without
an order of the juvenile court shall, with all possible speed, and in accordance with this
chapter and the rules of court pursuant thereto: (1) Release the child to the parents, legal
guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child and issue verbal counsel and warning as may be appropriate. (2) Release
the child to the parents, legal guardian, or legal custodian of the child upon his or her
promise to bring the child before the juvenile court when requested, unless the placement
of the child in detention or shelter care appears required. If a parent, legal guardian, or
other legal custodian fails, when requested, to bring the child before the juvenile court
as provided in this section, the juvenile court may issue an order directing that...
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38-12-32
Section 38-12-32 Definitions. As used in this article, the following terms shall have the following
meanings: (1) CAREGIVER. An individual 21 years of age or older, other than a child's parent,
legal guardian, or legal custodian who is an approved foster parent, who is a relative of
the child, and who has been providing care and support for the child while the child has been
residing in the caregiver's home for at least the last six consecutive months while in the
legal custody of the Department of Human Resources, a designated official for a child-placing
agency, or a successor guardian. (2) CHILD. An individual under 18 years of age who is in
foster care with the caregiver and over whom a court has exercised continuing jurisdiction.
(3) COURT. The juvenile court. (4) DEPARTMENT. The Department of Human Resources. (5) KINSHIP
GUARDIAN. A caregiver who is willing to assume care of a child because of parental incapacity
of a parent, legal guardian, legal custodian, or other dependency...
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12-15-128
Section 12-15-128 Authority and criteria for continuation of detention or shelter care of children
taken into custody beyond 72 hours. (a) An allegedly delinquent child, dependent child, or
child in need of supervision lawfully taken into custody shall immediately be released, upon
the ascertainment of the necessary facts, to the care, custody, and control of the parent,
legal guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child, unless the juvenile court or juvenile court intake officer, subject
to the limitations in Section 12-15-208, finds any of the following: (1) The child has no
parent, legal guardian, legal custodian, or other suitable person able to provide supervision
and care for the child. (2) The release of the child would present a clear and substantial
threat of a serious nature to the person or property of others and where the child is alleged
to be delinquent. (3) The release of the child would present a...
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30-3B-313
Section 30-3B-313 Recognition and enforcement. A court of this state shall accord full faith
and credit to an order issued by another state and consistent with this chapter which enforces
a child custody determination by a court of another state unless the order has been vacated,
stayed, or modified by a court having jurisdiction to do so under Article 2. (Act 99-438,
p. 866, §1.)...
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12-15-209
Section 12-15-209 Children to be released when full-time detention or shelter care not required;
conditions imposed upon release; amendment of conditions or return of child to custody upon
failure to conform to conditions imposed. (a) When the juvenile court finds that full-time
detention or shelter care of a child is not required, the juvenile court shall order the release
of the child, and in so doing, may impose one or more of the following conditions: (1) Place
the child in the custody of a parent, legal guardian, legal custodian, or any other person
whom the juvenile court deems proper, or place the child with a department, agency, or organization
agreeing to supervise the child. (2) Place restrictions on the travel, association, or place
of abode of the child during the period of his or her release, or place the child under electronic
or telephone monitoring, if available. (3) Impose any other condition deemed reasonably necessary
and consistent with the criteria for detaining...
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29-2-100
Section 29-2-100 Definitions. The following words shall have the following meanings: (1) CHILDREN
IN STATE CARE. A child who is described by any of the following circumstances: a. The child's
foster care placement is primarily the financial responsibility of the state. b. The child
is under the legal or physical custody of a state agency, including, but not limited to, the
Department of Human Resources, the Department of Mental Health, and the Department of Youth
Services. c. The Department of Human Resources, the Department of Mental Health, the Department
of Youth Services, or any other agency is providing out of home services to the child. d.
Children not included under this definition are children whose care is furnished by a child
care center, group day care home, or family day care home. (2) COMMITTEE. The Permanent Joint
Legislative Oversight Committee of Children in State Care. (3) COUNCIL. Interdepartmental
Coordination Council on Children in State Care. (Act 98-612, p. 1347,...
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30-3B-111
Section 30-3B-111 Taking testimony in another state. (a) In addition to other procedures available
to a party, a party to a child custody proceeding may offer testimony of witnesses who are
located in another state, including testimony of the parties and the child, by deposition
or other means allowable in this state for testimony taken in another state. The court on
its own motion may order that the testimony of a person be taken in another state and may
prescribe the manner in which and the terms upon which the testimony is taken. (b) A court
of this state may permit an individual residing in another state to be deposed or to testify
by telephone, audiovisual means, or other electronic means before a designated court or at
another location in that state. A court of this state shall cooperate with courts of other
states in designating an appropriate location for the deposition or testimony. (c) Documentary
evidence transmitted from another state to a court of this state by...
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30-3C-5
Section 30-3C-5 Jurisdiction. (a) A petition under this chapter may be filed only in a court
that has jurisdiction to make a child-custody determination with respect to the child at issue
under the Uniform Child Custody Jurisdiction and Enforcement Act, Chapter 3B of this title.
(b) Notwithstanding subsection (a), a court of this state has temporary emergency jurisdiction
to take action under this chapter if a child is present in this state and the court finds
there is a credible risk of abduction. (Act 2010-212, p. 339, §5.)...
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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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