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2019 Utah Code
Title 78A - Judiciary and Judicial Administration
Chapter 6 - Juvenile Court Act
Part 5 - Termination of Parental Rights Act
Section 506 - Notice -- Nature of proceedings.
Universal Citation: UT Code § 78A-6-506 (2019)
Effective 5/8/2018
78A-6-506. Notice -- Nature of proceedings.
Amended by Chapter 359, 2018 General Session
78A-6-506. Notice -- Nature of proceedings.
- (1) After a petition for termination of parental rights has been filed, notice shall:
- (a) be provided to the parents, the guardian, the person or agency having legal custody of the child, and any person acting in loco parentis to the child; and
- (b) indicate the:
- (i) nature of the petition;
- (ii) time and place of the hearing;
- (iii) right to counsel; and
- (iv) right to the appointment of counsel for a party whom the court determines is indigent and at risk of losing the party's parental rights.
- (2) A hearing shall be held specifically on the question of termination of parental rights no sooner than 10 days after service of summons is complete. A verbatim record of the proceedings shall be taken and the parties shall be advised of their right to counsel, including the appointment of counsel for an indigent parent or legal guardian facing any action initiated by a private party under this part or termination of parental rights under Section 78B-6-112. The summons shall contain a statement to the effect that the rights of the parent or parents are proposed to be permanently terminated in the proceedings. That statement may be contained in the summons originally issued in the proceeding or in a separate summons subsequently issued.
- (3) The proceedings are civil in nature and are governed by the Utah Rules of Civil Procedure. The court shall in all cases require the petitioner to establish the facts by clear and convincing evidence, and shall give full and careful consideration to all of the evidence presented with regard to the constitutional rights and claims of the parent and, if a parent is found, by reason of the parent's conduct or condition, to be unfit or incompetent based upon any of the grounds for termination described in this part, the court shall then consider the welfare and best interest of the child of paramount importance in determining whether termination of parental rights shall be ordered.
Amended by Chapter 359, 2018 General Session
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