H.B. 176 Enrolled

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