S.B. 104

1

SELECTION OF MENTAL HEALTH
2 THERAPIST IN TERMINATION OF
3 PARENTAL RIGHTS
4 2004 GENERAL SESSION
5 STATE OF UTAH
6 Sponsor: Parley G. Hellewell
7
8 LONG TITLE
9 General Description:
10 This bill amends the Termination of Parental Rights Act.
11 Highlighted Provisions:
12 This bill:
13 . specifies that the juvenile court may not refuse to appoint a mental health therapist
14 because the therapist has not followed the recommendations of the guardian ad
15 litem in another case; and
16 . requires the juvenile court to afford the parent or guardian the opportunity to be
17 heard regarding the selection of a mental health therapist.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 78-3a-415, as last amended by Chapter 187, Laws of Utah 2003
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78-3a-415 is amended to read:

28 78-3a-415. Mental health therapist.
29 (1) When a mental health practitioner is to be appointed in a parental rights action to
30 evaluate the mental health of a parent or a minor, or to provide mental health services to a
31 parent or a minor, the court:
32 (a) may appoint any mental health therapist, as defined in Section 58-60-102 , which the
33 court finds to be qualified; [and]
34 (b) may not refuse to appoint a mental health therapist for the reason that the therapist's
35 recommendations in another case have not followed the recommendations of the Division of
36 Child and Family Services[.] or the Office of the Guardian Ad Litem; and
37 (c) shall give strong consideration to the parent's or guardian's wishes regarding the
38 selection of a mental health therapist.
39 (2) This section applies to all juvenile court proceedings involving:
40 (a) parents and minor children; or
41 (b) the Division of Child and Family Services.




Legislative Review Note
as of 12-1-03 12:26 PM

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

Office of Legislative Research and General Counsel