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H.B. 85 Enrolled

                 

COMPULSORY EDUCATION/TRUANCY AMENDMENTS

                 
1999 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Duane E. Bourdeaux

                  AN ACT RELATING TO THE STATE SYSTEM OF PUBLIC EDUCATION; CLARIFYING
                  THE COMPULSORY EDUCATION REQUIREMENTS; AND MAKING TECHNICAL
                  CORRECTIONS.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      53A-11-101, as last amended by Chapter 78, Laws of Utah 1990
                      53A-11-102, as last amended by Chapter 302, Laws of Utah 1995
                      53A-11-103, as last amended by Chapter 1, Laws of Utah 1996
                      53A-11-105, as last amended by Chapter 329, Laws of Utah 1997
                      78-3a-103, as last amended by Chapters 274 and 298, Laws of Utah 1998
                      78-3a-104, as last amended by Chapters 274 and 315, Laws of Utah 1998
                      78-3a-306, as last amended by Chapters 13 and 274, Laws of Utah 1998
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 53A-11-101 is amended to read:
                       53A-11-101. Responsibility for minor required to attend school -- Penalty for
                  violation.
                      (1) For purposes of this part:
                      (a) "Habitual truant" is a school-age minor who has received more than two truancy
                  citations within one school year from the school in which the minor is or should be enrolled and
                  eight absences without a legitimate or valid excuse or who, in defiance of efforts on the part of
                  school authorities to resolve a student's attendance problem as required under Section 53A-11-103 ,
                  refuses to regularly attend school or any scheduled period of the school day.
                      (b) "Minor" means a person under the age of eighteen years.
                      (c) "Parent" includes:
                      (i) a custodial parent of the minor;


                      (ii) a legally appointed guardian of a minor; or
                      (iii) any other person purporting to exercise any authority over the minor which could be
                  exercised by persons listed under Subsections (1)(a)(i) and (ii) above.
                      (d) "School-age minor" means a minor who has reached the age of six years but has not
                  reached the age of eighteen years, but does not include a minor emancipated by marriage.
                      (e) "Truancy citation" is an administrative notice to a truant minor requiring an appearance
                  before the school truancy control officer or body from which the minor is truant.
                      (f) "Truant minor" is any school-age minor who is subject to the state's compulsory education
                  law and who is absent from school without a legitimate or valid excuse.
                      [(1)] (2) A [person having control of a minor between six and 18 years of age] parent shall
                  enroll and send [the] a school-age minor to a public or regularly established private school during the
                  school year of the district in which the minor resides.
                      [(2)] (3) It is a class B misdemeanor for a [person having control of a minor under Subsection
                  (1) to willfully] parent to knowingly:
                      (a) fail to [comply with the requirements of this chapter] enroll a school-age minor in school;
                  or
                      (b) refuse to respond to a written request which is delivered to the parent pursuant to the
                  provisions of Subsection 53A-11-103 (1)(b) by a local school board or school district.
                      (4) The provisions of this section do not apply to a parent of a school-age minor who has
                  been declared by the local school board to be exempt from school attendance in conformity with
                  Section 53A-11-102 .
                      [(3)] (5) A local board of education or school district shall report [cases of willful
                  noncompliance] violations of Subsection (3) to the appropriate [juvenile court] city, county, or
                  district attorney.
                      [(4) Officers of the juvenile court shall immediately take appropriate action.]
                      Section 2. Section 53A-11-102 is amended to read:
                       53A-11-102. Minors exempt from school attendance.
                      (1) A [person having control of a minor between six and 18 years of age is exempt from

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                  Section 53A-11-101 if the] school-age minor [is] may be excused from attendance by the local board
                  of education and a parent exempted from application of Subsections 53A-11-101 (2) and (3) for [one]
                  any of the following reasons:
                      (a) a minor over age 16 may receive a partial release from school to enter employment if the
                  minor has completed the eighth grade. Minors excused under this subsection are required to attend
                  part-time schooling or home schooling as prescribed by the board; or
                      (b) on an annual basis, a minor may receive a full release from attending a public, regularly
                  established private, or part-time school or class if:
                      (i) the minor has already completed the work required for graduation from high school, or
                  has demonstrated mastery of required skills and competencies in accordance with Subsection
                  53A-15-102 (1);
                      (ii) the minor is taught at home in the subjects prescribed by the State Board of Education
                  in accordance with the law for the same length of time as minors are required by law to be taught in
                  the district schools;
                      (iii) the minor is in a physical or mental condition, certified by a competent physician if
                  required by the district board, which renders attendance inexpedient and impracticable;
                      (iv) proper influences and adequate opportunities for education are provided in connection
                  with the minor's employment; or
                      (v) the district superintendent has determined that a minor over the age of 16 is unable to
                  profit from attendance at school because of inability or a continuing negative attitude toward school
                  regulations and discipline.
                      (2) In each case, evidence of reasons for granting an exemption must be sufficient to satisfy
                  the local board.
                      (3) Boards excusing minors from attendance shall issue a certificate stating that the minor
                  is excused from attendance during the time specified on the certificate.
                      Section 3. Section 53A-11-103 is amended to read:
                       53A-11-103. Duties of boards of education in resolving child's attendance problems
                  -- Parental involvement -- Issuance of truancy citations -- Procedure for contesting citations

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                  -- Liability not imposed.
                      (1) [Each] For each school-age minor who is or should be enrolled within that school district,
                  the local school board or school district shall make [earnest and persistent] efforts to resolve a
                  [student's] minor's school attendance problems. Those efforts shall include, as reasonably feasible:
                      (a) counseling of the [student] minor by school authorities;
                      (b) [enlisting] a written request for parental support [for] in securing regular attendance by
                  the [student] minor delivered by certified mail, containing notice of the requirements of this section
                  and stating that refusal to respond to the notice is a class B misdemeanor;
                      (c) at least one meeting with the [student] minor and the parents [or guardian];
                      (d) [adjusting] any necessary adjustment to the curriculum and schedule [if necessary] to meet
                  special needs of the [student] minor; and
                      (e) monitoring [of] school attendance [by parents and school authorities; and] of the minor
                  for a period not to exceed 30 days.
                      [(f) enlisting the assistance of community and law enforcement agencies as appropriate.]
                      (2) In addition to the efforts listed in Subsection (1), the local school board or school district
                  may enlist the assistance of community and law enforcement agencies as appropriate and reasonably
                  feasible.
                      (3) In the event that the minor's school attendance problem cannot be resolved by the efforts
                  of the local school board or school district, the local school board or school district shall refer the
                  school-age minor to the appropriate district or county attorney or juvenile court as a habitual truant.
                      [(2) (a)] (4) [The parents, guardian, or person having control of a truant student] Any parent
                  of a school-age minor shall, upon written request from a local school board or school district,
                  cooperate with school authorities in resolving the minor's school attendance problem. [If the behavior
                  is not corrected after earnest and persistent efforts are made by those parties or, if the parents,
                  guardian, or person having control refuses to cooperate, after earnest and persistent efforts are made
                  by school authorities, the school board may refer the matter to the juvenile court or release the
                  student from school as provided in Section 53A-11-102 .]
                      [(b) At least 14 days prior to referring a person to juvenile court based upon educational

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                  neglect, as defined in Section 78-3a-103 , the school district shall provide written notice to the parent
                  or guardian by first class mail or other reasonable means, setting forth the district's intention to refer
                  the person to juvenile court, and the corrective action that may be taken to avoid that referral.]
                      [(3)] (5) A local school board may authorize the issuance of truancy citations by school
                  administrators and appointed truancy specialists. Recipients of truancy citations may be subjected
                  to administrative penalties, and to a fee assessed in accordance with a uniform fee schedule adopted
                  by the State Board of Education.
                      [(4)] (6) A local school board that authorizes the issuance of truancy citations shall establish
                  a procedure for students to contest citations [which the affected students believe to be unwarranted].
                  Any minor having received three prior truancy citations within a single school year and for whom
                  reasonable efforts to resolve the attendance problem have failed, shall be issued a habitual truancy
                  citation and referred by the local school board or school district to the appropriate county or district
                  attorney or juvenile court as a habitual truant. Proceedings for habitual truancy shall be expedited
                  by the court.
                      [(5)] (7) This section shall not impose any civil liability on boards of education or their
                  employees. Proceedings initiated under this part do not obligate or preclude action by the Division
                  of Child and Family Services under Section 78-3a-316 .
                      Section 4. Section 53A-11-105 is amended to read:
                       53A-11-105. Taking custody of person believed to be truant child -- Disposition --
                  Receiving centers -- Reports -- Immunity from liability.
                      (1) A peace officer, truant officer, or public school administrator may take a [person] minor
                  into temporary custody or issue a truancy citation, or both, if there is reason to believe the [person]
                  minor is a [child subject to the state's compulsory education law and that the child is absent from
                  school without a legitimate or valid excuse] truant minor. A truancy citation issued by a truant officer
                  shall be approved by the school administrator.
                      (2) An individual taking a [child] school-age minor into custody under Subsection (1) shall,
                  without unnecessary delay, release the [child] minor to:
                      (a) the principal of the [child's] minor's school;

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                      (b) a person who has been designated by the local school board to receive [the child] and
                  return [him] the minor to school; or
                      (c) a receiving center established under Subsection (5).
                      (3) If the [child] minor refuses to return to school or go to the receiving center, the officer
                  or administrator shall, without unnecessary delay, notify the [child's] minor's parents[, guardian, or
                  custodian] and release the [child] minor to their custody.
                      (4) If the parents[, guardian, or custodian] cannot be reached or are unable or unwilling to
                  accept custody, the [child] minor shall be referred to the Division of Child and Family Services.
                      (5) (a) A local school board, singly or jointly with another school board, may establish or
                  designate receiving centers within existing school buildings and staff the centers with existing teachers
                  or staff to provide educational guidance and counseling for truant [children] minors. Upon receipt
                  of a truant [child] minor, the center shall, without unnecessary delay, notify and direct the [child's]
                  minor's parents[, guardian, or custodian] to come to the center, pick up the [child] minor, and return
                  the [child] minor to the school in which he is enrolled.
                      (b) If the parents[, guardian, or custodian] cannot be reached or are unable or unwilling to
                  comply with the request within a reasonable time, the center shall take such steps as are reasonably
                  necessary to insure the safety and well being of the [child] minor, including, when appropriate,
                  returning the [child] minor to school or referring the [child] minor to the Division of Child and Family
                  Services. A [child] minor taken into custody under this section may not be placed in a detention
                  center or other secure confinement facility.
                      (6) Action taken under this section shall be reported to the appropriate school district. The
                  district shall promptly notify the [child's] minor's parents [or legal guardian] of the action taken.
                      (7) The Utah Governmental Immunity Act applies to all actions taken under this section.
                      (8) Nothing in this section may be construed to grant authority to a public school
                  administrator or truant officer to place a [child] minor in the custody of the Division of Child and
                  Family Services, without complying with the provisions of Title 62A, Chapter 4a, Parts 2 and 2A, and
                  of Title 78, Chapter 3a, Parts 3 and 3A.
                      Section 5. Section 78-3a-103 is amended to read:

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                       78-3a-103. Definitions.
                      (1) As used in this chapter:
                      (a) "Abused child" includes a minor less than 18 years of age who:
                      (i) has suffered or been threatened with nonaccidental physical or mental harm, negligent
                  treatment, or sexual exploitation; or
                      (ii) has been the victim of any sexual abuse.
                      (b) "Adjudication" means a finding by the court, incorporated in a decree, that the facts
                  alleged in the petition have been proved.
                      (c) "Adult" means a person 18 years of age or over, except that persons 18 years or over
                  under the continuing jurisdiction of the juvenile court pursuant to Section 78-3a-121 shall be referred
                  to as minors.
                      (d) "Board" means the Board of Juvenile Court Judges.
                      (e) "Child placement agency" means:
                      (i) a private agency licensed to receive minors for placement or adoption under this code; or
                      (ii) a private agency receiving minors for placement or adoption in another state, which
                  agency is licensed or approved where such license or approval is required by law.
                      (f) "Commit" means to transfer legal custody.
                      (g) "Court" means the juvenile court.
                      (h) "Dependent child" includes a minor who is homeless or without proper care through no
                  fault of his parent, guardian, or custodian.
                      (i) "Deprivation of custody" means transfer of legal custody by the court from a parent or the
                  parents or a previous legal custodian to another person, agency, or institution.
                      (j) "Detention" means home detention and secure detention as defined in Section 62A-7-101
                  for the temporary care of minors who require secure custody in physically restricting facilities:
                      (i) pending court disposition or transfer to another jurisdiction; or
                      (ii) while under the continuing jurisdiction of the court.
                      (k) "Formal referral" means a written report from a peace officer or other person informing
                  the court that a minor is or appears to be within the court's jurisdiction and that a petition may be

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                  filed.
                      (l) "Group rehabilitation therapy" means psychological and social counseling of one or more
                  persons in the group, depending upon the recommendation of the therapist.
                      (m) "Guardianship of the person" includes the authority to consent to marriage, to enlistment
                  in the armed forces, to major medical, surgical, or psychiatric treatment, and to legal custody, if legal
                  custody is not vested in another person, agency, or institution.
                      (n) "Habitual truant" is a school-age minor who has received more than two truancy citations
                  within one school year from the school in which the minor is or should be enrolled and eight absences
                  without a legitimate or valid excuse or who, in defiance of efforts on the part of school authorities
                  as required under Section 53A-11-103 , refuses to regularly attend school or any scheduled period of
                  the school day.
                      [(n)] (o) "Legal custody" means a relationship embodying the following rights and duties:
                      (i) the right to physical custody of the minor;
                      (ii) the right and duty to protect, train, and discipline the minor;
                      (iii) the duty to provide the minor with food, clothing, shelter, education, and ordinary
                  medical care;
                      (iv) the right to determine where and with whom the minor shall live; and
                      (v) the right, in an emergency, to authorize surgery or other extraordinary care.
                      [(o)] (p) "Minor" means a person under the age of 18 years. It includes the term "child" as
                  used in other parts of this chapter.
                      [(p)] (q) "Natural parent" means a minor's biological or adoptive parent, and includes the
                  minor's noncustodial parent.
                      [(q)] (r) (i) "Neglected child" means a minor:
                      (A) whose parent, guardian, or custodian has abandoned or subjected the minor to
                  mistreatment or abuse;
                      (B) who lacks proper parental care by reason of the fault or habits of the parent, guardian,
                  or custodian;
                      (C) whose parent, guardian, or custodian fails or refuses to provide proper or necessary

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                  subsistence, education, or medical care, including surgery or psychiatric services when required, or
                  any other care necessary for health, safety, morals, or well-being; or
                      (D) who is at risk of being a neglected or abused child as defined in this chapter because
                  another minor in the same home is a neglected or abused child as defined in this chapter.
                      (ii) The aspect of neglect related to education, described in Subsection (1)[(q)](r)(i)(C),
                  means that, after receiving notice that a minor has been frequently absent from school without good
                  cause, or that the minor has failed to cooperate with school authorities in a reasonable manner, a
                  parent or guardian fails to make a good faith effort to ensure that the minor receives an appropriate
                  education.
                      (iii) A parent or guardian legitimately practicing religious beliefs and who, for that reason,
                  does not provide specified medical treatment for a minor, is not guilty of neglect.
                      [(r)] (s) "Nonjudicial adjustment" means closure of the case by the assigned probation officer
                  without judicial determination upon the consent in writing of the minor, the parent, legal guardian or
                  custodian, and the assigned probation officer.
                      [(s)] (t) "Probation" means a legal status created by court order following an adjudication on
                  the ground of a violation of law or under Section 78-3a-104 , whereby the minor is permitted to
                  remain in his home under prescribed conditions and under supervision by the probation department
                  or other agency designated by the court, subject to return to the court for violation of any of the
                  conditions prescribed.
                      [(t)] (u) "Protective supervision" means a legal status created by court order following an
                  adjudication on the ground of abuse, neglect, or dependency, whereby the minor is permitted to
                  remain in his home, and supervision and assistance to correct the abuse, neglect, or dependency is
                  provided by the probation department or other agency designated by the court.
                      [(u)] (v) "Residual parental rights and duties" means those rights and duties remaining with
                  the parent after legal custody or guardianship, or both, have been vested in another person or agency,
                  including the responsibility for support, the right to consent to adoption, the right to determine the
                  child's religious affiliation, and the right to reasonable visitation unless restricted by the court. If no
                  guardian has been appointed, "residual parental rights and duties" also include the right to consent

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                  to marriage, to enlistment, and to major medical, surgical, or psychiatric treatment.
                      [(v)] (w) "Secure facility" means any facility operated by or under contract with the Division
                  of Youth Corrections, that provides 24-hour supervision and confinement for youth offenders
                  committed to the division for custody and rehabilitation.
                      [(w)] (x) "Shelter" means the temporary care of minors in physically unrestricted facilities
                  pending court disposition or transfer to another jurisdiction.
                      [(x)] (y) "State supervision" means a disposition which provides a more intensive level of
                  intervention than standard probation but is less intensive or restrictive than a community placement
                  with the Division of Youth Corrections.
                      [(y)] (z) "Termination of parental rights" means the permanent elimination of all parental
                  rights and duties, including residual parental rights and duties, by court order.
                      [(z)] (aa) "Therapist" means a person employed by a state division or agency for the purpose
                  of conducting psychological treatment and counseling of a minor in its custody, or any other person
                  licensed or approved by the state for the purpose of conducting psychological treatment and
                  counseling.
                      (2) As used in Part 3, Abuse, Neglect, and Dependency Proceedings, with regard to the
                  Division of Child and Family Services:
                      (a) "Custody" means the custody of a minor in the Division of Child and Family Services as
                  of the date of disposition.
                      (b) "Protective custody" means the shelter of a minor by the Division of Child and Family
                  Services from the time the minor is removed from home until the shelter hearing, or the minor's return
                  home, whichever occurs earlier.
                      (c) "Temporary custody" means the custody of a minor in the Division of Child and Family
                  Services from the date of the shelter hearing until disposition.
                      Section 6. Section 78-3a-104 is amended to read:
                       78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
                      (1) Except as otherwise provided by law, the juvenile court has exclusive original jurisdiction
                  in proceedings concerning:

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                      (a) a minor who has violated any federal, state, or local law or municipal ordinance or a
                  person younger than 21 years of age who has violated any law or ordinance before becoming 18 years
                  of age, regardless of where the violation occurred, excluding traffic laws and ordinances;
                      (b) a person 21 years of age or older who has failed or refused to comply with an order of
                  the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's 21st
                  birthday; however, the continuing jurisdiction is limited to causing compliance with existing orders;
                      (c) a minor who is an abused child, neglected child, or dependent child, as those terms are
                  defined in Section 78-3a-103 ;
                      (d) a protective order for a minor who is alleged to be an abused child or neglected child,
                  except as provided in Section 78-3a-105 , and unless the petition is filed by a natural parent of the
                  minor against a natural parent of the minor;
                      (e) the determination of the custody of a minor or to appoint a guardian of the person or
                  other guardian of a minor who comes within the court's jurisdiction under other provisions of this
                  section;
                      (f) the termination of the legal parent-child relationship in accordance with Part 4,
                  Termination of Parental Rights Act, including termination of residual parental rights and duties;
                      (g) the treatment or commitment of a mentally retarded minor;
                      (h) a minor who[, in defiance of earnest and persistent efforts on the part of his parents and
                  school authorities as required under Section 53A-11-103 ,] is a habitual truant from school;
                      (i) the judicial consent to the marriage of a minor under age 16 upon a determination of
                  voluntariness or where otherwise required by law, employment, or enlistment of a minor when
                  consent is required by law;
                      (j) any parent or parents of a minor committed to a secure youth corrections facility, to order,
                  at the discretion of the court and on the recommendation of a secure youth corrections facility, the
                  parent or parents of a minor committed to a secure youth corrections facility for a custodial term, to
                  undergo group rehabilitation therapy under the direction of a secure youth corrections facility
                  therapist, who has supervision of that parent's or parents' minor, or any other therapist the court may
                  direct, for a period directed by the court as recommended by a secure youth corrections facility;

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                      (k) a minor under Title 55, Chapter 12, Interstate Compact on Juveniles;
                      (l) the treatment or commitment of a mentally ill child. The court may commit a child to the
                  physical custody of a local mental health authority or to the legal custody of the Division of Mental
                  Health in accordance with the procedures and requirements of Title 62A, Chapter 12, Part 2A,
                  Commitment of Persons Under Age 18 to Division of Mental Health. The court may not commit a
                  child directly to the Utah State Hospital; and
                      (m) the commitment of a minor in accordance with Section 62A-8-501 .
                      (2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive
                  jurisdiction over any traffic offense committed by a minor under 16 years of age and concurrent
                  jurisdiction over all other traffic offenses committed by a minor 16 years of age or older, except that
                  the court shall have exclusive jurisdiction over the following traffic offenses committed by a minor
                  under 18 years of age:
                      (a) Section 76-5-207 , automobile homicide;
                      (b) Section 41-6-44 , operating a vehicle while under the influence of alcohol or drugs;
                      (c) Section 41-6-45 , reckless driving;
                      (d) Section 41-1a-1314 , unauthorized control over a motor vehicle, trailer, or semitrailer for
                  an extended period of time; and
                      (e) Section 41-6-13.5 , fleeing a peace officer.
                      (3) The court also has jurisdiction over traffic offenses that are part of a single criminal
                  episode filed in a petition that contains an offense over which the court has jurisdiction.
                      (4) The juvenile court has jurisdiction over questions of custody, support, and visitation
                  certified to it by the district court pursuant to Section 78-3a-105 .
                      (5) The juvenile court has jurisdiction over an ungovernable or runaway minor who is
                  referred to it by the Division of Child and Family Services or by public or private agencies that
                  contract with the division to provide services to that minor where, despite earnest and persistent
                  efforts by the division or agency, the minor has demonstrated that he:
                      (a) is beyond the control of his parent, guardian, lawful custodian, or school authorities to
                  the extent that his behavior or condition endangers his own welfare or the welfare of others; or

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                      (b) has run away from home.
                      (6) This section does not restrict the right of access to the juvenile court by private agencies
                  or other persons.
                      (7) The juvenile court has jurisdiction of all magistrate functions relative to cases arising
                  under Section 78-3a-602 .
                      Section 7. Section 78-3a-306 is amended to read:
                       78-3a-306. Shelter hearing.
                      (1) With regard to a child who has been removed by the Division of Child and Family
                  Services, or who is in the protective custody of the division, a shelter hearing shall be held within 72
                  hours after removal of the child from his home, excluding weekends and holidays.
                      (2) Upon removal of a child from his home and receipt of that child into protective custody,
                  the division shall issue a notice that contains all of the following:
                      (a) the name and address of the person to whom the notice is directed;
                      (b) the date, time, and place of the shelter hearing;
                      (c) the name of the minor on whose behalf a petition is being brought;
                      (d) a concise statement regarding the allegations and code sections under which the
                  proceeding has been instituted;
                      (e) a statement that the parent or guardian to whom notice is given, and the minor, are
                  entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is indigent
                  and cannot afford an attorney, and desires to be represented by an attorney, one will be provided; and
                      (f) a statement that the parent or guardian is liable for the cost of support of the minor in the
                  protective custody, temporary custody, and custody of the division, and the cost for legal counsel
                  appointed for the parent or guardian under Subsection (2)(e), according to his financial ability.
                      (3) That notice shall be personally served as soon as possible, but at least 24 hours prior to
                  the time set for the shelter hearing, on:
                      (a) the appropriate guardian ad litem; and
                      (b) both parents and any guardian of the minor, unless they cannot be located.
                      (4) The following persons shall be present at the shelter hearing:

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                      (a) the child, unless it would be detrimental for the child;
                      (b) the child's parents or guardian, unless they cannot be located, or fail to appear in response
                  to the notice;
                      (c) counsel for the parents, if one has been requested;
                      (d) the child's guardian ad litem;
                      (e) the caseworker from the Division of Child and Family Services who has been assigned
                  to the case; and
                      (f) the attorney from the attorney general's office who is representing the division.
                      (5) (a) At the shelter hearing, the court shall provide an opportunity for the minor's parent
                  or guardian, if present, and any other person having relevant knowledge, to provide relevant
                  testimony. The court may also provide an opportunity for the minor to testify.
                      (b) The court may consider all relevant evidence, in accordance with the Utah Rules of
                  Juvenile Procedure. The court shall hear relevant evidence presented by the minor, his parent or
                  guardian, the requesting party, or their counsel, but may in its discretion limit testimony and evidence
                  to only that which goes to the issues of removal and the child's need for continued protection.
                      (6) If the child is in the protective custody of the division, the division shall report to the
                  court:
                      (a) the reasons why the minor was removed from the parent's or guardian's custody;
                      (b) any services provided to the child and his family in an effort to prevent removal;
                      (c) the need, if any, for continued shelter;
                      (d) the available services that could facilitate the return of the minor to the custody of his
                  parent or guardian; and
                      (e) whether the child has any relatives who may be able and willing to take temporary
                  custody.
                      (7) If necessary to protect the child, preserve the rights of a party, or for other good cause
                  shown, the court may grant no more than one time-limited continuance, not to exceed five judicial
                  days.
                      (8) The court shall order that the minor be released from the protective custody of the

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                  division unless it finds, by a preponderance of the evidence, that any one of the following exist:
                      (a) there is a substantial danger to the physical health or safety of the minor and the minor's
                  physical health or safety may not be protected without removing him from his parent's custody. If
                  a minor has previously been adjudicated as abused, neglected, or dependent and a subsequent incident
                  of abuse, neglect, or dependency occurs, that fact constitutes prima facie evidence that the child
                  cannot safely remain in the custody of his parent;
                      (b) the minor is suffering emotional damage, as may be indicated by, but is not limited to,
                  extreme anxiety, depression, withdrawal, or negative aggressive behavior toward self or others, and
                  there are no reasonable means available by which the minor's emotional health may be protected
                  without removing the minor from the custody of his parent;
                      (c) the minor or another minor residing in the same household has been physically or sexually
                  abused, or is deemed to be at substantial risk of being physically or sexually abused, by a parent, a
                  member of the parent's household, or other person known to the parent. If a parent has received
                  actual notice that physical or sexual abuse by a person known to the parent has occurred, and there
                  is evidence that the parent has allowed the child to be in the physical presence of the alleged abuser,
                  that fact constitutes prima facie evidence that the child is at substantial risk of being physically or
                  sexually abused;
                      (d) the parent is unwilling to have physical custody of the child;
                      (e) the minor has been left without any provision for his support;
                      (f) a parent who has been incarcerated or institutionalized has not or cannot arrange for safe
                  and appropriate care for the minor;
                      (g) a relative or other adult custodian with whom the minor has been left by the parent is
                  unwilling or unable to provide care or support for the minor, the whereabouts of the parent are
                  unknown, and reasonable efforts to locate him have been unsuccessful;
                      (h) the minor is in immediate need of medical care;
                      (i) the physical environment or the fact that the child is left unattended poses a threat to the
                  child's health or safety;
                      (j) the minor or another minor residing in the same household has been neglected;

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                      (k) the parent, or an adult residing in the same household as the parent, has been charged or
                  arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act, and any clandestine laboratory
                  operation, as defined in Section 58-37d-3 , was located in the residence or on the property where the
                  child resided; or
                      (l) the child's welfare is otherwise endangered.
                      (9) (a) The court shall also make a determination on the record as to whether reasonable
                  efforts were made to prevent or eliminate the need for removal of the minor from his home and
                  whether there are available services that would prevent the need for continued removal. If the court
                  finds that the minor can be safely returned to the custody of his parent or guardian through the
                  provision of those services, it shall place the minor with his parent or guardian and order that those
                  services be provided by the division.
                      (b) In making that determination, and in ordering and providing services, the child's health,
                  safety, and welfare shall be the paramount concern, in accordance with federal law.
                      (10) Where the division's first contact with the family occurred during an emergency situation
                  in which the child could not safely remain at home, the court shall make a finding that any lack of
                  preplacement preventive efforts was appropriate.
                      (11) In cases where actual sexual abuse or abandonment, or serious physical abuse or neglect
                  are involved, neither the division nor the court has any duty to make "reasonable efforts" or to, in any
                  other way, attempt to maintain a child in his home, return a child to his home, provide reunification
                  services, or attempt to rehabilitate the offending parent or parents.
                      (12) The court may not order continued removal of a minor solely on the basis of educational
                  neglect as described in Subsection 78-3a-103 (1)[(q)](r)(ii).
                      (13) (a) Whenever a court orders continued removal of a minor under this section, it shall
                  state the facts on which that decision is based.
                      (b) If no continued removal is ordered and the minor is returned home, the court shall state
                  the facts on which that decision is based.
                      (14) If the court finds that continued removal and temporary custody is necessary for the
                  protection of a child because harm may result to the child if he were returned home, it shall order

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                  continued removal regardless of any error in the initial removal of the child, or the failure of a party
                  to comply with notice provisions, or any other procedural requirement of this chapter or Title 62A,
                  Chapter 4a, Child and Family Services.

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