78A-6-804 - Court procedure. - Utah Statutes

78A-6-804. Court procedure.
(1) Upon the filing of a petition in accordance with Section 78A-6-803, the court shallreview the petition for completeness and whether the petitioner meets the age requirement forfiling the petition.
(a) If the petition is incomplete or the petitioner does not meet the age requirement, thecourt may dismiss the action immediately.
(b) If the petition is complete and the petitioner meets the age requirement, the courtshall schedule a pretrial hearing on the matter within 30 days.
(2) The court may appoint a guardian ad litem in accordance with Section 78A-6-902 torepresent the minor.
(3) At the hearing, the court shall consider the best interests of the minor according to thefollowing:
(a) whether the minor is capable of assuming adult responsibilities;
(b) whether the minor is capable of living independently of his or her parents, guardian,or custodian;
(c) opinions and recommendations from the guardian ad litem, parents, guardian, orcustodian, and any other evidence; and
(d) whether emancipation will create a risk of harm to the minor.
(4) If the court determines by clear and convincing evidence that emancipation is in thebest interests of the minor, it shall issue a declaration of emancipation.

Amended by Chapter 259, 2010 General Session