H.B. 186

1

EVALUATION AND COUNSELING PRIOR TO
2 TERMINATION PROCEEDINGS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Mike Thompson
6
7 LONG TITLE
8 General Description:
9 This bill modifies sections of the Judicial Code dealing with Juvenile Court
10 proceedings.
11 Highlighted Provisions:
12 This bill:
13 . allows the juvenile court to appoint any qualified mental health therapist; and
14 . prohibits the juvenile court from excluding a mental health therapist because they
15 have not followed the recommendations of the Division of Child and Family
16 Services in another case.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 78-3a-321, Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 78-3a-321 is enacted to read:
27 78-3a-321. Mental health therapists.

28 (1) When a mental health practitioner is appointed in any juvenile court proceeding to
29 evaluate the mental health of a parent or a minor, or to provide mental health services to a
30 parent or minor, the court:
31 (a) may appoint any mental health therapist, as defined in Section 58-60-102 , which the
32 court finds to be qualified; and
33 (b) may not refuse to appoint a mental health therapist for the reason that the therapist's
34 recommendations in another case have not followed the recommendations of the Division of
35 Child and Family Services.
36 (2) This section applies to all juvenile court proceedings involving:
37 (a) parents and minor children; or
38 (b) the Division of Child and Family Services.




Legislative Review Note
as of 9-19-03 8:13 AM

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

Office of Legislative Research and General Counsel