Hearings or proceedings for minors -- Prosecuting attorney -- Order for indigent defense -- Custody in the Division of Child and Family Services.

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  • (1) In a hearing or proceeding under this chapter, the juvenile court:
    • (a) shall admit any person who has a direct interest in the case;
    • (b) may admit any person whose presence is requested by the minor's parent or guardian; and
    • (c) shall exclude any other person except as provided in Subsection (2).
  • (2) In a hearing or proceeding under this chapter for a minor who is 14 years old or older, the juvenile court shall admit any person, unless the hearing or proceeding is closed by the juvenile court upon findings, on the record, for good cause if:
    • (a) the minor has been charged with an offense that would be a felony if committed by an adult; or
    • (b) the minor is charged with an offense that would be a class A or B misdemeanor if committed by an adult and the minor has been previously charged with an offense that would be a misdemeanor or felony if committed by an adult.
  • (3) If more than one minor is alleged to be involved in a violation of a law or ordinance, the proceedings for the violation may be consolidated, except a separate hearing may be held with respect to a disposition for a minor.
  • (4) The county attorney, or the district attorney if within a prosecution district, shall represent the state in a proceeding under this chapter.
  • (5) If a minor is facing a proceeding under this chapter, a juvenile court shall:
    • (a) appoint an indigent defense service provider for the minor in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel; and
    • (b) order indigent defense services for the minor in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel.
  • (6) A juvenile court may appoint an attorney guardian ad litem under Section 78A-2-803, or as otherwise provided by law, to represent a child under this chapter.
  • (7) A juvenile court may not vest custody of a minor facing a delinquency proceeding under this chapter in the Division of Child and Family Services, except as provided in Chapter 3, Abuse, Neglect, and Dependency Proceedings.




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