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Section 704 - Public policy regarding attorney guardian ad litem -- Training.

UT Code § 78A-2-704 (2019) (N/A)
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(1) An attorney guardian ad litem may not presume that a child and the child's parent are adversaries.

(2) An attorney guardian ad litem shall be trained on and implement into practice: (a) the parental rights and child and family protection principles provided in Section 62A-4a-201; (b) the fundamental liberties of parents and the public policy of the state to support family unification to the fullest extent possible; (c) the constitutionally protected rights of parents, in cases where the state is a party; (d) the use of a least restrictive means analysis regarding state claims of a compelling child welfare interest; (e) the priority of maintaining a child safely in the child's home, whenever possible; (f) the importance of: (i) kinship placement, in the event the child is removed from the home; and (ii) keeping sibling groups together, whenever practicable and in the best interests of the children; (g) the preference for kinship adoption over nonkinship adoption, if the parent-child relationship is legally terminated; (h) the potential for a guardianship placement if the parent-child relationship is legally terminated and no appropriate adoption placement is available; and (i) the use of an individualized permanency plan, only as a last resort.

(a) the parental rights and child and family protection principles provided in Section 62A-4a-201;

(b) the fundamental liberties of parents and the public policy of the state to support family unification to the fullest extent possible;

(c) the constitutionally protected rights of parents, in cases where the state is a party;

(d) the use of a least restrictive means analysis regarding state claims of a compelling child welfare interest;

(e) the priority of maintaining a child safely in the child's home, whenever possible;

(f) the importance of: (i) kinship placement, in the event the child is removed from the home; and (ii) keeping sibling groups together, whenever practicable and in the best interests of the children;

(i) kinship placement, in the event the child is removed from the home; and

(ii) keeping sibling groups together, whenever practicable and in the best interests of the children;

(g) the preference for kinship adoption over nonkinship adoption, if the parent-child relationship is legally terminated;

(h) the potential for a guardianship placement if the parent-child relationship is legally terminated and no appropriate adoption placement is available; and

(i) the use of an individualized permanency plan, only as a last resort.

(3) The office shall implement policies and practice guidelines that reflect the priorities described in Subsections (2)(e) through (i) for the placement of children.

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Section 704 - Public policy regarding attorney guardian ad litem -- Training.