H.B.
318
RIGHTS OF PARENTS AND CHILDREN AMENDMENTS
House Committee
Amendments
Amendment 4 February 19, 2014 7:10 AM
Representative Ronda Rudd Menlove
proposes the following amendments:
1. Page
3, Lines 62 through 66
:
62
and shall give]; and
63
(d) shall give, or instruct the jury to give, full and careful consideration to all of the
64
evidence presented with regard to the constitutional rights and claims of the parent [and, if a
65
parent is found,].
(9) (a) Unless the court finds that due process requires otherwise, in a jury trial pursuant to this
section:
(i) a child may not be present in the courtroom and may not testify unless the court finds that:
(A) the child desires an opportunity to be present or to testify;
(B) the child's guardian ad litem approves of the child's presence or ability to testify;
(C) the child is sufficiently mature to articulate the child's wishes in relation to the jury trial; and
(D) it would not be detrimental to the child or impractical to have the child be present or to testify; and
(ii) the court shall take judicial notice of any adjudicated facts from an earlier hearing, including any
testimony from the child or any recording of a child's statement or testimony.
(b) The court shall instruct the jury to accept a noticed fact described in Subsection (9)(a)(ii) as
conclusive, in accordance with Rule 201 of the Utah Rule of Evidence.
66
{
(9)
}
(10)
If the jury, or the court in cases where the parent does not request a jury trial, finds
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