H.B. 176

1

TERMINATION OF PARENTAL RIGHTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Mike Thompson
5 This act modifies the Human Services Code. This act amends Section 78-3a-415 making
6 it applicable to all juvenile court proceedings involving parents h [ or ] AND h minors as well as
6a any
7 proceeding involving the Division of Child and Family Services.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 78-3a-415, as enacted by Chapter 257, Laws of Utah 2002
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 78-3a-415 is amended to read:
13 78-3a-415. Mental health therapist.
14 (1) When a mental health practitioner is to be appointed in a parental rights action to
15 evaluate the mental health of a parent or a minor, or to provide mental health services to a
16 parent or a minor, the court:
17 [(1)] (a) may appoint any mental health therapist, as defined in Section 58-60-102 ,
18 which the court finds to be qualified; and
19 [(2)] (b) may not refuse to appoint a mental health therapist for the reason that the
20 therapist's recommendations in another case have not followed the recommendations of the
21 Division of Child and Family Services.
22 (2) This section applies to all juvenile court proceedings involving:
23 (a) parents h [ or ] AND h minor children; or
24 (b) the Division of Child and Family Services.

Legislative Review Note
as of 9-16-02 2:29 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel