78B-7-202 - Petition -- Ex parte determination -- Guardian ad litem -- Referral to division. - Utah Statutes

78B-7-202. Petition -- Ex parte determination -- Guardian ad litem -- Referral todivision.
(1) Any interested person may file a petition for a protective order on behalf of a childwho is being abused or is in imminent danger of being abused. The petitioner shall first make areferral to the division.
(2) Upon the filing of a petition, the clerk of the court shall:
(a) review the records of the juvenile court, the district court, and the managementinformation system of the division to find any petitions, orders, or investigations related to thechild or the parties to the case;
(b) request the records of any law enforcement agency identified by the petitioner ashaving investigated abuse of the child; and
(c) identify and obtain any other background information that may be of assistance to thecourt.
(3) Upon the filing of a petition, the court shall immediately determine, based on theevidence and information presented, whether the minor is being abused or is in imminent dangerof being abused. If so, the court shall enter an ex parte child protective order.
(4) The court may appoint an attorney guardian ad litem for the child who is the subjectof the petition.

Renumbered and Amended by Chapter 3, 2008 General Session