75-5-206. Court appointment of guardian of minor -- Qualifications -- Priority of
minor's nominee.
(1) (a) The court may appoint as guardian any person whose appointment would be in the
best interests of the minor.
(b) In determining the minor's best interests, the court may consider the minor's physical,
mental, moral, and emotional health needs.
(2) Except as provided in Subsection (3), the court shall appoint a person nominated by
the minor, if the minor is 14 years of age or older, unless the court finds the appointment contrary
to the best interests of the minor.
(3) The court may deny the appointment of a guardian for a minor of school age if it
finds that:
(a) if the minor is older than 11 years of age:
(i) the minor has not secured a certificate from the local police authority in the
jurisdiction where the minor has lived during the past two years stating that there have been no
criminal charges filed against the minor and the minor is not the subject of a criminal investigation
in that jurisdiction and given a copy of the certificate to the superintendent of the school district in
which the minor would attend school in Utah; or
(ii) a release has not been given by or on behalf of the minor to the superintendent of the
school district in which the minor would attend school in Utah within a reasonable time prior to
the guardianship hearing, allowing the superintendent full access to all criminal records of the
minor in those jurisdictions outside the state where the minor has resided during the previous two
years, which release remains part of the minor's school records together with verification of
residence for the previous two years, except that information disclosed in the criminal records
may not be made a part of the minor's school record;
(b) the school district has proven by a preponderance of the evidence that the primary
purpose for the guardianship is to avoid the payment of tuition, which a school district may assess
against a nonresident for attendance at a Utah public school; or
(c) after consideration of relevant evidence, including any presented by the school district
in which the petitioner resides, the minor's behavior indicates an ongoing unwillingness to abide
by applicable law or school rules.
Amended by Chapter 156, 1995 General Session
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Last revised: Thursday, May 28, 2009