Title 78B - Judicial Code - Chapter 22 - Indigent Defense Act - Part 8 - Child Welfare Parental Defense Program - Section 803 - Child welfare parental defense contracts.


Published: 2020-05-12

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Utah Code

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Effective 5/12/2020 Superseded 5/5/2021 78B-22-803 Child welfare parental defense contracts. (1)

(a) The office may enter into a contract with an attorney to provide indigent defense services for a parent who is the subject of a petition alleging abuse, neglect, or dependency, and requires indigent defense services under Section 78A-6-1111.

(b) The office shall make payment for the representation, costs, and expenses of a contracted parental defense attorney from the Child Welfare Parental Defense Fund in accordance with Section 78B-22-804.

(2) (a) Except as provided in Subsection (2)(b), a contracted parental defense attorney shall:

(i) complete a basic training course provided by the office; (ii) provide parental defense services consistent with the commission's core principles

described in Section 78B-22-404; (iii) have experience in child welfare cases; and (iv) participate each calendar year in continuing legal education courses providing no fewer

than eight hours of instruction in child welfare law. (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

commission may, by rule, exempt from the requirements of Subsection (2)(a) an attorney who has equivalent training or adequate experience.