78A-6-317. All proceedings -- Persons entitled to be present.
(1) A child who is the subject of a juvenile court hearing, any person entitled to notice
pursuant to Section 78A-6-306 or 78A-6-310, preadoptive parents, foster parents, and any
relative providing care for the child, are:
(a) entitled to notice of, and to be present at, each hearing and proceeding held under this
part, including administrative reviews; and
(b) have a right to be heard at each hearing and proceeding described in Subsection
(1)(a).
(2) A child shall be represented at each hearing by the guardian ad litem appointed to the
child's case by the court. The child has a right to be present at each hearing, subject to the
discretion of the guardian ad litem or the court regarding any possible detriment to the child.
(3) (a) The parent or guardian of a child who is the subject of a petition under this part
has the right to be represented by counsel, and to present evidence, at each hearing.
(b) When it appears to the court that a parent or guardian of the child desires counsel but
is financially unable to afford and cannot for that reason employ counsel, and the child has been
placed in out-of-home care, or the petitioner is recommending that the child be placed in
out-of-home care, the court shall appoint counsel.
(4) In every abuse, neglect, or dependency proceeding under this chapter, the court shall
order that the child be represented by a guardian ad litem, in accordance with Section 78A-6-902.
The guardian ad litem shall represent the best interest of the child, in accordance with the
requirements of that section, at the shelter hearing and at all subsequent court and administrative
proceedings, including any proceeding for termination of parental rights in accordance with Part
5, Termination of Parental Rights Act.
(5) (a) Except as provided in Subsection (5)(b), and notwithstanding any other provision
of law:
(i) counsel for all parties to the action shall be given access to all records, maintained by
the division or any other state or local public agency, that are relevant to the abuse, neglect, or
dependency proceeding under this chapter; and
(ii) if the natural parent of a child is not represented by counsel, the natural parent shall
have access to the records described in Subsection (5)(a)(i).
(b) The disclosures described in Subsection (5)(a) are not required in the following
circumstances:
(i) subject to Subsection (5)(c), the division or other state or local public agency did not
originally create the record being requested;
(ii) disclosure of the record would jeopardize the life or physical safety of a child who
has been a victim of abuse or neglect, or any person who provided substitute care for the child;
(iii) disclosure of the record would jeopardize the anonymity of the person or persons
making the initial report of abuse or neglect or any others involved in the subsequent
investigation;
(iv) disclosure of the record would jeopardize the life or physical safety of a person who
has been a victim of domestic violence; or
(v) the record is a report maintained in the Management Information System, for which a
finding of unsubstantiated, unsupported, or without merit has been made, unless the person
requesting the information is the alleged perpetrator in the report or counsel for the alleged
perpetrator in the report.
(c) If a disclosure is denied under Subsection (5)(b)(i), the division shall inform the
person making the request of the following:
(i) the existence of all records in the possession of the division or any other state or local
public agency;
(ii) the name and address of the person or agency that originally created the record; and
(iii) that the person must seek access to the record from the person or agency that
originally created the record.
Amended by Chapter 161, 2009 General Session
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Last revised: Thursday, May 28, 2009