S.B. 104 Enrolled

SELECTION OF MENTAL HEALTH
THERAPIST IN TERMINATION OF
PARENTAL RIGHTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Parley G. Hellewell

LONG TITLE
General Description:
This bill amends the Termination of Parental Rights Act.
Highlighted Provisions:
This bill:
. specifies that the juvenile court may not refuse to appoint a mental health therapist
because the therapist has not followed the recommendations of the Office of the
Guardian Ad Litem in another case; and
. requires the juvenile court to give strong consideration to the wishes of the parent or
guardian regarding the selection of a mental health therapist.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78-3a-415, as last amended by Chapter 187, Laws of Utah 2003

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:
(a) may appoint any mental health therapist, as defined in Section 58-60-102 , which the
court finds to be qualified; [and]
(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[.] or the Office of the Guardian Ad Litem; and
(c) shall give strong consideration to the parent's or guardian's wishes regarding the
selection of a mental health therapist.
(2) This section applies to all juvenile court proceedings involving:
(a) parents and minor children; or
(b) the Division of Child and Family Services.

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