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2006 Utah Code - 78-3a-1004 — Court procedure.
78-3a-1004. Court procedure.
(1) Upon the filing of a petition in accordance with Section 78-3a-1003, the court shall schedule a pretrial hearing on the matter within 30 days.
(2) The court shall appoint a guardian ad litem in accordance with Section 78-3a-912 to represent the minor.
(3) At the hearing, the court shall consider the best interests of the minor according to the following:
(a) whether the minor is capable of assuming adult responsibilities;
(b) whether the minor is capable of living independently of his or her parents, guardian, or custodian;
(c) opinions and recommendations from the guardian ad litem, parents, guardian, or custodian, and any other evidence; and
(d) whether emancipation will create a risk of harm to the minor.
(4) If the court determines by clear and convincing evidence that emancipation is in the best interests of the minor, it shall issue a declaration of emancipation.
(1) Upon the filing of a petition in accordance with Section 78-3a-1003, the court shall schedule a pretrial hearing on the matter within 30 days.
(2) The court shall appoint a guardian ad litem in accordance with Section 78-3a-912 to represent the minor.
(3) At the hearing, the court shall consider the best interests of the minor according to the following:
(a) whether the minor is capable of assuming adult responsibilities;
(b) whether the minor is capable of living independently of his or her parents, guardian, or custodian;
(c) opinions and recommendations from the guardian ad litem, parents, guardian, or custodian, and any other evidence; and
(d) whether emancipation will create a risk of harm to the minor.
(4) If the court determines by clear and convincing evidence that emancipation is in the best interests of the minor, it shall issue a declaration of emancipation.
Enacted by Chapter 132, 2006 General Session
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