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2019 Utah Code
Title 78A - Judiciary and Judicial Administration
Chapter 6 - Juvenile Court Act
Part 3 - Abuse, Neglect, and Dependency Proceedings
Section 305 - Opportunity for a minor to testify or address the court.
Universal Citation: UT Code § 78A-6-305 (2019)
Effective 5/14/2019
78A-6-305. Opportunity for a minor to testify or address the court.
Amended by Chapter 71, 2019 General Session
78A-6-305. Opportunity for a minor to testify or address the court.
- (1) For purposes of this section, "postadjudication hearing" means:
- (a) a dispositional hearing;
- (b) a permanency hearing; or
- (c) a review hearing, except a drug court review hearing.
- (2) A minor shall be present at any postadjudication hearing in a case relating to the abuse, neglect, or dependency of the minor, unless the court determines that:
- (a) requiring the minor to be present at the postadjudication hearing would be detrimental to the minor or impractical; or
- (b) the minor is not sufficiently mature to articulate the minor's wishes in relation to the hearing.
- (3) A court may, in the court's discretion, order that a minor described in Subsection (2) be present at a hearing that is not a postadjudication hearing.
- (4)
- (a) Except as provided in Subsection (4)(b), at any hearing in a case relating to the abuse, neglect, or dependency of a minor, when the minor is present at the hearing, the court shall:
- (i) ask the minor whether the minor desires the opportunity to address the court or testify; and
- (ii) if the minor desires an opportunity to address the court or testify, allow the minor to address the court or testify.
- (b) Subsection (4)(a) does not apply if the court determines that:
- (i) it would be detrimental to the minor to comply with Subsection (4)(a); or
- (ii) the minor is not sufficiently mature to articulate the minor's wishes in relation to the hearing.
- (c) Subject to applicable court rules, the court may allow the minor to address the court in camera.
- (d) If a minor 14 years of age or older desires an opportunity to address the court or testify, the court shall give the minor's desires added weight, but may not treat the minor's desires as the single controlling factor in a postadjudication hearing or other hearing described in Subsection (3).
- (a) Except as provided in Subsection (4)(b), at any hearing in a case relating to the abuse, neglect, or dependency of a minor, when the minor is present at the hearing, the court shall:
- (5) Nothing in this section prohibits a minor from being present at a hearing that the minor is not required to be at by this section or by court order, unless the court orders otherwise.
Amended by Chapter 71, 2019 General Session
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