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UTAH STATUTES AND CODES
62A-4a-113 - Division's enforcement authority -- Responsibility of attorney general to represent division.
62A-4a-113. Division's enforcement authority -- Responsibility of attorney generalto represent division.
(1) The division shall take legal action that is necessary to enforce the provisions of thischapter.
(2) (a) Subject to the provisions of Section 67-5-17, the attorney general shall enforce allprovisions of this chapter, in addition to the requirements of Title 78A, Chapter 6, Juvenile CourtAct of 1996, relating to protection and custody of abused, neglected, or dependent minors. Theattorney general may contract with the local county attorney to enforce the provisions of thischapter and Title 78A, Chapter 6, Juvenile Court Act of 1996.
(b) It is the responsibility of the attorney general's office to:
(i) advise the division regarding decisions to remove a minor from the minor's home;
(ii) represent the division in all court and administrative proceedings related to abuse,neglect, and dependency including, but not limited to, shelter hearings, dispositional hearings,dispositional review hearings, periodic review hearings, and petitions for termination of parentalrights; and
(iii) be available to and advise caseworkers on an ongoing basis.
(c) The attorney general shall designate no less than 16 full-time attorneys to advise andrepresent the division in abuse, neglect, and dependency proceedings, including petitions fortermination of parental rights. Those attorneys shall devote their full time and attention to thatrepresentation and, insofar as it is practicable, shall be housed in or near various offices of thedivision statewide.
(3) As of July 1, 1998, the attorney general's office shall represent the division withregard to actions involving minors who have not been adjudicated as abused or neglected, butwho are otherwise committed to the custody of the division by the juvenile court, and who areclassified in the division's management information system as having been placed in custodyprimarily on the basis of delinquent behavior or a status offense. Nothing in this section may beconstrued to affect the responsibility of the county attorney or district attorney to represent thestate in those matters, in accordance with Section 78A-6-115.
(1) The division shall take legal action that is necessary to enforce the provisions of thischapter.
(2) (a) Subject to the provisions of Section 67-5-17, the attorney general shall enforce allprovisions of this chapter, in addition to the requirements of Title 78A, Chapter 6, Juvenile CourtAct of 1996, relating to protection and custody of abused, neglected, or dependent minors. Theattorney general may contract with the local county attorney to enforce the provisions of thischapter and Title 78A, Chapter 6, Juvenile Court Act of 1996.
(b) It is the responsibility of the attorney general's office to:
(i) advise the division regarding decisions to remove a minor from the minor's home;
(ii) represent the division in all court and administrative proceedings related to abuse,neglect, and dependency including, but not limited to, shelter hearings, dispositional hearings,dispositional review hearings, periodic review hearings, and petitions for termination of parentalrights; and
(iii) be available to and advise caseworkers on an ongoing basis.
(c) The attorney general shall designate no less than 16 full-time attorneys to advise andrepresent the division in abuse, neglect, and dependency proceedings, including petitions fortermination of parental rights. Those attorneys shall devote their full time and attention to thatrepresentation and, insofar as it is practicable, shall be housed in or near various offices of thedivision statewide.
(3) As of July 1, 1998, the attorney general's office shall represent the division withregard to actions involving minors who have not been adjudicated as abused or neglected, butwho are otherwise committed to the custody of the division by the juvenile court, and who areclassified in the division's management information system as having been placed in custodyprimarily on the basis of delinquent behavior or a status offense. Nothing in this section may beconstrued to affect the responsibility of the county attorney or district attorney to represent thestate in those matters, in accordance with Section 78A-6-115.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 299, 2008 General Session
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