78A-6-317 - All proceedings -- Persons entitled to be present.
78A-6-317. All proceedings -- Persons entitled to be present.
(1) A child who is the subject of a juvenile court hearing, any person entitled to noticepursuant to Section 78A-6-306 or 78A-6-310, preadoptive parents, foster parents, and anyrelative providing care for the child, are:
(a) entitled to notice of, and to be present at, each hearing and proceeding held under thispart, including administrative reviews; and
(b) have a right to be heard at each hearing and proceeding described in Subsection(1)(a).
(2) A child shall be represented at each hearing by the guardian ad litem appointed to thechild's case by the court. The child has a right to be present at each hearing, subject to thediscretion of the guardian ad litem or the court regarding any possible detriment to the child.
(3) (a) The parent or guardian of a child who is the subject of a petition under this parthas the right to be represented by counsel, and to present evidence, at each hearing.
(b) When it appears to the court that a parent or guardian of the child desires counsel butis financially unable to afford and cannot for that reason employ counsel, and the child has beenplaced in out-of-home care, or the petitioner is recommending that the child be placed inout-of-home care, the court shall appoint counsel.
(4) In every abuse, neglect, or dependency proceeding under this chapter, the court shallorder that the child be represented by a guardian ad litem, in accordance with Section 78A-6-902. The guardian ad litem shall represent the best interest of the child, in accordance with therequirements of that section, at the shelter hearing and at all subsequent court and administrativeproceedings, including any proceeding for termination of parental rights in accordance with Part5, Termination of Parental Rights Act.
(5) (a) Except as provided in Subsection (5)(b), and notwithstanding any other provisionof law:
(i) counsel for all parties to the action shall be given access to all records, maintained bythe division or any other state or local public agency, that are relevant to the abuse, neglect, ordependency proceeding under this chapter; and
(ii) if the natural parent of a child is not represented by counsel, the natural parent shallhave access to the records described in Subsection (5)(a)(i).
(b) The disclosures described in Subsection (5)(a) are not required in the followingcircumstances:
(i) subject to Subsection (5)(c), the division or other state or local public agency did notoriginally create the record being requested;
(ii) disclosure of the record would jeopardize the life or physical safety of a child whohas been a victim of abuse or neglect, or any person who provided substitute care for the child;
(iii) disclosure of the record would jeopardize the anonymity of the person or personsmaking the initial report of abuse or neglect or any others involved in the subsequentinvestigation;
(iv) disclosure of the record would jeopardize the life or physical safety of a person whohas been a victim of domestic violence;
(v) the record is a report maintained in the Management Information System, for which afinding of unsubstantiated, unsupported, or without merit has been made, unless the personrequesting the information is the alleged perpetrator in the report or counsel for the allegedperpetrator in the report; or
(vi) the record is a Children's Justice Center investigative interview, video or audio, therelease of which is governed by Section 77-37-4.
(c) If a disclosure is denied under Subsection (5)(b)(i), the division shall inform theperson making the request of the following:
(i) the existence of all records in the possession of the division or any other state or localpublic agency;
(ii) the name and address of the person or agency that originally created the record; and
(iii) that the person must seek access to the record from the person or agency thatoriginally created the record.
Amended by Chapter 247, 2010 General Session