Utah § 80-3-104 - Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities.
Full text of Utah Utah Code § 80-3-104 — Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities., with citation guidance and answers to common questions.
§ 80-3-104. Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities.
Effective 5/6/2026 80-3-104.
Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities.
(1)
(a)
A minor who is the subject of a juvenile court hearing, any person entitled to notice under Section 80-3-201 or 80-3-301, preadoptive parents, foster parents, and any relative providing care for the minor, are:
(i)
entitled to notice of, and to be present at, each hearing and proceeding held under this chapter, including administrative reviews; and
(ii)
have a right to be heard at each hearing and proceeding described in Subsection (1)(a)(i).
(b)
A child's right to be present at a hearing under Subsection (1)(a) is subject to the discretion of the guardian ad litem appointed under Subsection (3) or the juvenile court regarding any possible detriment to the child.
(2)
(a)
The parent or guardian of a minor who is the subject of an abuse, neglect, or dependency petition has the right to be represented by counsel, and to present evidence, at each hearing.
(b)
If a parent or guardian is the subject of an abuse, neglect, or dependency petition, the juvenile court shall:
In an abuse, neglect, or dependency proceeding under this chapter, the juvenile court shall order that the child be represented by an attorney guardian ad litem, in accordance with Section 78A-2-803.
(b)
A guardian ad litem appointed under Subsection (3)(a) shall represent the best interest of the minor, in accordance with the requirements of Section 78A-2-803:
in other actions initiated under this chapter when appointed by the court under Section 78A-2-803 or as otherwise provided by law.
(4)
Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in civil enforcement actions, the attorney general shall, in accordance with Section 80-2-303, enforce this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, Removal and Protective Custody of a Child, relating to protection or custody of an abused, neglected, or dependent minor and the termination of parental rights.
(5)
(a)
The juvenile court shall admit any individual to a hearing under this chapter, including a hearing under Section 80-3-205, unless the juvenile court makes a finding upon the record that the individual's presence at the hearing would:
(i)
be detrimental to the best interest of a minor who is a party to the proceeding;
(ii)
impair the fact-finding process; or
(iii)
be otherwise contrary to the interests of justice.
(b)
The juvenile court may exclude an individual from a hearing under Subsection (5)(a) on the juvenile court's own motion or by motion of a party to the proceeding.
(6)
A determination of a minor's best interest under this chapter shall be made in accordance with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those sections.
Section 80-3-104 ("Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 80-3-104?
A common citation format is "Utah Code § 80-3-104" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 80-3-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
