78A-6-118. Period of operation of judgment, decree, or order -- Rights and
responsibilities of agency or individual granted legal custody.
(1) A judgment, order, or decree of the juvenile court does not operate after the minor
becomes 21 years of age, except for:
(a) orders of commitment to the Utah State Developmental Center or to the custody of
the Division of Substance Abuse and Mental Health;
(b) adoption orders under Subsection 78A-6-103(1);
(c) orders permanently terminating the rights of a parent, guardian, or custodian, and
permanent orders of custody and guardianships; and
(d) unless terminated by the court, orders to pay any fine or restitution.
(2) (a) Except as provided in Part 3, Abuse, Neglect, and Dependency Proceedings, an
order vesting legal custody or guardianship of a minor in an individual, agency, or institution
may be for an indeterminate period. A review hearing shall be held, however, upon the
expiration of 12 months, and, with regard to petitions filed by the Division of Child and Family
Services, no less than once every six months thereafter. The individual, agency, or institution
involved shall file the petition for that review hearing. The court may terminate the order, or
after notice and hearing, continue the order if it finds continuation of the order necessary to
safeguard the welfare of the minor or the public interest. The findings of the court and its
reasons shall be entered with the continuation order or with the order denying continuation.
(b) Subsection (2)(a) does not apply to minors who are in the custody of the Division of
Child and Family Services, and who are placed in foster care, a secure youth corrections facility,
the Division of Substance Abuse and Mental Health, the Utah State Developmental Center, or
any agency licensed for child placements and adoptions, in cases where all parental rights of the
natural parents have been terminated by the court under Part 5, Termination of Parental Rights
Act, and custody of the minor has been granted to the agency for adoption or other permanent
placement.
(3) (a) An agency granted legal custody may determine where and with whom the minor
will live, provided that placement of the minor does not remove him from the state without court
approval.
(b) An individual granted legal custody shall personally exercise the rights and
responsibilities involved in legal custody, unless otherwise authorized by the court.
Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009