Utah Code § 78A-2-704

Current through the 2024 Fourth Special Session
Section 78A-2-704 - Public policy regarding attorney guardian ad litem - Training
(1) An attorney guardian ad litem may not presume that a child and the child's parent are adversaries.
(2) An attorney guardian ad litem shall be trained on and implement into practice:
(a) the parental rights and child and family protection principles provided in Section 80-2a-201;
(b) the fundamental liberties of parents and the public policy of the state to support family unification to the fullest extent possible;
(c) the constitutionally protected rights of parents, in cases where the state is a party;
(d) the use of a least restrictive means analysis regarding state claims of a compelling child welfare interest;
(e) the priority of maintaining a child safely in the child's home, whenever possible;
(f) the importance of:
(i) kinship placement, in the event the child is removed from the home; and
(ii) keeping sibling groups together, whenever practicable and in the best interests of the children;
(g) the preference for kinship adoption over nonkinship adoption, if the parent-child relationship is legally terminated;
(h) the potential for a guardianship placement if the parent-child relationship is legally terminated and no appropriate adoption placement is available; and
(i) the use of an individualized permanency plan, only as a last resort.
(3) The office shall implement policies and practice guidelines that reflect the priorities described in Subsections (2)(e) through (i) for the placement of children.

Utah Code § 78A-2-704

Amended by Chapter 335, 2022 General Session ,§ 59, eff. 9/1/2022.
Renumbered from § 78A-2-227.5 and amended by Chapter 267, 2014 General Session ,§ 7, eff. 5/13/2014.
Amended by Chapter 171, 2013 General Session ,§ 4, eff. 5/14/2013.
Added by Chapter 223, 2012 General Session ,§ 3, eff. 5/8/2012.