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30-3B-301
Section 30-3B-301 Definitions. In this article, the following terms shall have the following
meanings: (1) PETITIONER. A person who seeks enforcement of an order for return of a child
under The Hague Convention on the Civil Aspects of International Child Abduction or enforcement
of a child custody determination. (2) RESPONDENT. A person against whom a proceeding has been
commenced for enforcement of an order for return of a child under The Hague Convention on
the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
(Act 99-438, p. 866, §1.)...
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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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30-3B-105
Section 30-3B-105 International application of chapter. (a) A court of this state shall treat
a foreign country as if it were a state of the United States for the purpose of applying this
article and Article 2. (b) Except as otherwise provided in subsection (c), a child custody
determination made in a foreign country under factual circumstances in substantial conformity
with the jurisdictional standards of this chapter must be recognized and enforced under Article
3. (c) A court of this state need not apply this chapter if the child custody law of a foreign
country violates fundamental principles of human rights. (Act 99-438, p. 866, §1.)...
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30-3D-311
Section 30-3D-311 Pleadings and accompanying documents. (a) In a proceeding under this chapter,
a petitioner seeking to establish a support order, to determine parentage of a child, or to
register and modify a support order of a tribunal of another state or a foreign country must
file a petition. Unless otherwise ordered under Section 30-3D-312, the petition or accompanying
documents must provide, so far as known, the name, residential address, and Social Security
numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex,
residential address, Social Security number, and date of birth of each child for whose benefit
support is sought or whose parentage is to be determined. Unless filed at the time of registration,
the petition must be accompanied by a copy of any support order known to have been issued
by another tribunal. The petition may include any other information that may assist in locating
or identifying the respondent. (b) The petition must...
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12-15-406
Section 12-15-406 Determination of placement of the minor or child. (a) At the time that a
minor or child sought to be committed is first brought before the juvenile court, the juvenile
court shall determine the placement of the minor or child pending further hearings. No limitations
shall be placed upon the minor or child unless limitations shall be necessary to prevent the
minor or child from doing substantial harm to self or to others or to prevent the minor or
child from leaving the jurisdiction of the juvenile court. (b) No child shall be placed in
a juvenile detention facility unless the child is charged with a delinquent act. (c) The juvenile
court may order the minor or child to be held in a public or private facility pending receipt
by the department. (d) The juvenile court shall order the minor or child to appear at the
times and places set for hearing the petition and may order and require the minor or child
to appear at designated times and places to be examined by medical...
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26-17-624
Section 26-17-624 Temporary order. (a) In a proceeding under this article, upon a motion by
a party the court shall issue a temporary order for support of a child if the order is appropriate
and the individual ordered to pay support is: (1) a presumed father of the child; (2) petitioning
to have his paternity adjudicated; (3) identified as the father through genetic testing under
Section 26-17-505; (4) an alleged father who has declined to submit to genetic testing; (5)
shown by clear and convincing evidence to be the father of the child; or (6) the mother of
the child. (b) A temporary order may include provisions for custody and visitation as provided
by other law of this state. (Act 2008-376, p. 666, §2.)...
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30-3B-112
Section 30-3B-112 Cooperation between courts; preservation of records. (a) A court of this
state may request the appropriate court of another state to: (1) Hold an evidentiary hearing;
(2) Order a person to produce or give evidence pursuant to procedures of that state; (3) Order
that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4) Forward to the court of this state a certified copy of the transcript of the record of
the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with
the request; and (5) Order a party to a child custody proceeding or any person having physical
custody of the child to appear in the proceeding with or without the child. (b) Upon request
of a court of another state, a court of this state may hold a hearing or enter an order described
in subsection (a). (c) Travel and other necessary and reasonable expenses incurred under subsections
(a) and (b) may be assessed against the parties...
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30-3B-302
Section 30-3B-302 Enforcement under Hague Convention. Under this article a court of this state
may enforce an order for the return of the child made under The Hague Convention on the Civil
Aspects of International Child Abduction as if it were a child custody determination. (Act
99-438, p. 866, §1.)...
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12-15-403
Section 12-15-403 Review of the petition by the juvenile court. (a) When at the time a petition
is filed, a juvenile court shall immediately review the petition and may require the petitioner
to be sworn and answer under oath questions in regard to the petition and the minor or child
sought to be committed. (b) If it appears from the face of the petition or from the testimony
of the petitioner that the petition is totally without merit, the juvenile court shall order
the petition dismissed without further proceedings. (Act 2008-277, p. 441, §23.)...
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12-15-409
Section 12-15-409 Role of attorney as advocate; designation of facilities. (a) An attorney
representing the state, any county, or municipality or the Department of Youth Services or
the Department of Human Resources or an attorney representing the person or persons filing
a petition to have a minor or child committed may serve as the advocate in support of the
petition to commit in all matters regarding the petition. (b) At the final hearing upon a
petition seeking to commit a minor or child to the custody of the department on the basis
that the minor or child is mentally ill, the juvenile court may grant the petition if clear
and convincing evidence proves all of the following: (1) That the minor or child sought to
be committed is mentally ill. (2) That, as a consequence of the mental illness, the minor
or child poses a real and present threat of substantial harm to himself, herself, or to others.
(3) That the threat of substantial harm has been evidenced by a recent overt act. (4)...
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