Utah

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: no

Read more about this

Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

Children have a right to counsel in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: no

Read more about this

Adult Protective Proceedings - Proposed Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent subjects of an adult protective proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

All Basic Human Needs

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The Utah Supreme Court has said that trial courts can appoint counsel in any civil matter, even for a non-indigent litigant.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Bypass of Parental Input into Abortion - Minor

Court Rule or Initiative

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for a minor seeking to bypass parental consent, but not parental notification, for an abortion.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent respondents in civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

Custody Disputes - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel for the child in a private custody proceeding.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the subject of a contested guardianship proceeding.

Appointment of Counsel: categorical Qualified: no

Read more about this

Incarceration for Fees/Fines (incomplete)

Legislation

Key_development Question_mark

New Utah law guarantees counsel for criminal debt collection

03/23/2017

A 2017 law organizes all collection of criminal debt into contempt proceedings and requires the appointment of counsel.

Appointment of Counsel: categorical Qualified: no

Read more about this

Quarantine/Sterilization/Innoculation

Legislation

Key_development Question_mark

Right to counsel - quarantine and involuntary sterilization

There is a right to counsel for indigent subjects of a quarantine proceeding, and a right to an attorney-GAL in forced sterilization cases.

Appointment of Counsel: categorical Qualified: no

Read more about this

Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for parents in private termination cases filed under the Juvenile Court Act but not those under the Adoption Act.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

Children have a right to counsel in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

Read more about this

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Utah authorizes appointment of counsel in private termination cases

03/22/2016

An enacted 2016 bill permits a trial court to appoint counsel for a parent in a private termination of parental rights proceeding.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Litigation

Key_development Question_mark

Utah high court: some parents have right to counsel in private termination cases

12/08/2016

The Supreme Court of Utah held that parents may be constitutionally entitled to counsel in private termination of rights cases.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

Read more about this

Go back to Status Map