2006 Utah Code - 78-3a-314 — All proceedings -- Persons entitled to be present.

     78-3a-314.   All proceedings -- Persons entitled to be present.
     (1) A child who is the subject of a juvenile court hearing, any person entitled to notice pursuant to Section 78-3a-306 or 78-3a-309, preadoptive parents, and any relative providing care for the child, are entitled to notice, to be present at each hearing held under this part, including administrative and citizen reviews, and are entitled to an opportunity to be heard.
     (2) Because the child's foster parents have the right to notice, pursuant to Section 78-3a-309, they have the right to be present at each and every hearing held under this part including administrative and citizen reviews, and are entitled to an opportunity to be heard.
     (3) A child shall be represented at each hearing by the guardian ad litem appointed to his case by the court. The child has a right to be present at each hearing, subject to the discretion of the guardian ad litem or the court regarding any possible detriment to the child.
     (4) (a) The parent or guardian of a child who is the subject of a petition under this part has the right to be represented by counsel, and to present evidence, at each hearing.
     (b) When it appears to the court that a parent or guardian of the child desires counsel but is financially unable to afford and cannot for that reason employ counsel, and the child has been placed in out-of-home care, or the petitioner is recommending that the child be placed in out-of-home care, the court shall appoint counsel.
     (5) In every abuse, neglect, or dependency proceeding under this chapter, the court shall order that the child be represented by a guardian ad litem, in accordance with Section 78-3a-912. The guardian ad litem shall represent the best interest of the child, in accordance with the requirements of that section, at the shelter hearing and at all subsequent court and administrative proceedings, including any proceeding for termination of parental rights in accordance with Part 4, Termination of Parental Rights Act.
     (6) Notwithstanding any other provision of law, counsel for all parties to the action shall be given access to all records, maintained by the division or any other state or local public agency, that are relevant to the abuse, neglect, or dependency proceeding under this chapter. If the natural parent of a child is representing himself, he shall have access to those records. The above disclosures are not required in the following circumstances:
     (a) The division or other state or local public agency did not originally create the record being requested. In those circumstances, the person making the request under this section shall be informed of the following:
     (i) the existence of all records in the possession of the division or any other state or local public agency;
     (ii) the name and address of the person or agency that originally created the record; and
     (iii) that he must seek access to the record from the person or agency that originally created the record.
     (b) Disclosure of the record would jeopardize the life or physical safety of a child who has been a victim of child abuse or neglect, or any person who provided substitute care for the child.
     (c) Disclosure of the record would jeopardize the anonymity of the person or persons making the initial report of abuse or neglect or any others involved in the subsequent investigation.
     (d) Disclosure of the record would jeopardize the life or physical safety of a person who has been a victim of domestic violence.
     (7) (a) The appropriate foster care citizen review board shall be given access to all

records, maintained by the division or any other state or local public agency, that are relevant to an abuse, neglect, or dependency proceeding under this chapter.
     (b) Representatives of the appropriate foster care citizen review board are entitled to be present at each hearing held under this part, but notice is not required to be provided.

Amended by Chapter 120, 2001 General Session