Full text of Utah Utah Code § 80-4-108 — Physical or mental health examination during proceedings., with citation guidance and answers to common questions.
§ 80-4-108. Physical or mental health examination during proceedings.
Effective 9/1/2021
80-4-108.
Physical or mental health examination during proceedings.
| (1) |
In a proceeding under this chapter, the juvenile court may appoint any mental health therapist, as defined in Section 58-60-102, who the juvenile court finds to be qualified to:
| (a) |
evaluate the mental health of, or provide mental health services to, the child; or |
| (b) |
after notice and a hearing set for the specific purpose, evaluate the mental health of a parent, or provide mental health services to a parent, if the juvenile court finds from the evidence presented at the hearing that the parent's mental or emotional condition may be a factor in the parent's unfitness. |
|
| (2) |
The juvenile court:
| (a) |
may not refuse to appoint a mental health therapist under Subsection (1) for the reason that the therapist's recommendations in another case did not follow the recommendations of the division or the Office of Guardian Ad Litem; and |
| (b) |
shall give strong consideration to the parent's or guardian's wishes regarding the selection of a mental health therapist. |
|
| (3) |
In a proceeding under this chapter, the juvenile court may appoint a physician, or a physician assistant, who the court finds to be qualified to:
| (a) |
physically examine the child; or |
| (b) |
after notice and a hearing set for a specific purpose, physically examine the parent if the juvenile court finds from the evidence presented at the hearing that the parent's physical condition may be a factor in causing the parent's unfitness. |
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| (4) |
The division shall, with regard to a child in the division's custody:
| (a) |
take reasonable measures to notify a parent of any non-emergency health treatment or care scheduled for a child; |
| (b) |
include the parent as fully as possible in making health care decisions for the child; |
| (c) |
defer to the parent's reasonable and informed decisions regarding the child's health care to the extent that the child's health and well-being are not unreasonably compromised by the parent's decision; and |
| (d) |
notify the parent of the child within five business days after the day on which the child receives emergency health care or treatment. |
|
| (5) |
An examination conducted in accordance with Subsection (1) or (2) is not a privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general rule of privilege. |
| (6) |
This section applies to all juvenile court proceedings under this chapter involving:
| (a) |
parents and children; or |
|
Renumbered and Amended by Chapter
261, 2021 General Session
Frequently Asked Questions About Utah § 80-4-108
What does Utah Code § 80-4-108 cover?
Section 80-4-108 ("Physical or mental health examination during proceedings.") 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 § 80-4-108?
A common citation format is "Utah Code § 80-4-108" (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 § 80-4-108 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.
