There Is a Newer Version
of
this Section
2021 Utah Code
Title 80 - Utah Juvenile Code
Chapter 7 - Emancipation
Section 104 - Procedure for emancipation.
Universal Citation:
UT Code § 80-7-104 (2021)
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Effective 9/1/2021
80-7-104. Procedure for emancipation.
Renumbered and Amended by Chapter 261, 2021 General Session
80-7-104. Procedure for emancipation.
- (1)
- (a) Upon the filing of a petition in accordance with Section 80-7-103, the juvenile court shall review the petition for completeness and whether the petitioner meets the age requirement for filing the petition.
- (b) If the petition is incomplete or the petitioner does not meet the age requirement, the juvenile court may dismiss the action immediately.
- (c) If the petition is complete and the petitioner meets the age requirement, the juvenile court shall schedule a pretrial hearing on the matter within 30 days.
- (2) The juvenile court may appoint an attorney guardian ad litem in accordance with Section 78A-2-803 to represent the minor.
- (3) At the hearing, the juvenile court shall consider the best interests of the minor according to:
- (a) whether the minor is capable of assuming adult responsibilities;
- (b) whether the minor is capable of living independently of the minor's parents, guardian, or custodian;
- (c) opinions and recommendations from the attorney 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 juvenile court determines, by clear and convincing evidence, that emancipation is in the best interests of the minor, the juvenile court shall issue a declaration of emancipation for the minor.
- (5) A juvenile court may modify or set aside any order or decree made by the court in accordance with Section 78A-6-357.
Renumbered and Amended by Chapter 261, 2021 General Session
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