Title 78A Judiciary and Judicial Administration Chapter 6 Juvenile Court Act of 1996 Section 506 Notice -- Nature of proceedings.
78A-6-506.Notice -- Nature of proceedings.
(1) After a petition for termination of parental rights has been filed, notice of that fact
and of the time and place of the hearing shall be provided, in accordance with the Utah Rules of
Civil Procedure, to the parents, the guardian, the person or agency having legal custody of the
child, and to any person acting in loco parentis to the child.
(2) A hearing shall be held specifically on the question of termination of parental rights
no sooner than 10 days after service of summons is complete. A verbatim record of the
proceedings shall be taken and the parties shall be advised of their right to counsel. The
summons shall contain a statement to the effect that the rights of the parent or parents are
proposed to be permanently terminated in the proceedings. That statement may be contained in
the summons originally issued in the proceeding or in a separate summons subsequently issued.
(3) The proceedings are civil in nature and are governed by the Utah Rules of Civil
Procedure. The court shall in all cases require the petitioner to establish the facts by clear and
convincing evidence, and shall give full and careful consideration to all of the evidence presented
with regard to the constitutional rights and claims of the parent and, if a parent is found, by
reason of his conduct or condition, to be unfit or incompetent based upon any of the grounds for
termination described in this part, the court shall then consider the welfare and best interest of the
child of paramount importance in determining whether termination of parental rights shall be
ordered.
Renumbered and Amended by Chapter 3, 2008 General Session
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