78A-6-111 - Appearances -- Parents, guardian, or legal custodian to appear with minor or child -- Failure to appear -- Contempt -- Warrant of arrest, when authorized -- Parent's employer to grant
78A-6-111. Appearances -- Parents, guardian, or legal custodian to appear withminor or child -- Failure to appear -- Contempt -- Warrant of arrest, when authorized --Parent's employer to grant time off -- Appointment of guardian ad litem.
(1) Any person required to appear who, without reasonable cause, fails to appear may beproceeded against for contempt of court, and the court may cause a bench warrant to issue toproduce the person in court.
(2) In all cases when a minor is required to appear in court, the parents, guardian, orother person with legal custody of the minor shall appear with the minor unless excused by thejudge.
(a) An employee may request permission to leave the workplace for the purpose ofattending court if the employee has been notified by the juvenile court that his minor is requiredto appear before the court.
(b) An employer must grant permission to leave the workplace with or without pay if theemployee has requested permission at least seven days in advance or within 24 hours of theemployee receiving notice of the hearing.
(3) If a parent or other person who signed a written promise to appear and bring the childto court under Section 78A-6-112 or 78A-6-113 fails to appear and bring the child to court on thedate set in the promise, or, if the date was to be set, after notification by the court, a warrant maybe issued for the apprehension of that person or the child, or both.
(4) Willful failure to perform the promise is a misdemeanor if, at the time of theexecution of the promise, the promisor is given a copy of the promise which clearly states thatfailure to appear and have the child appear as promised is a misdemeanor. The juvenile courtshall have jurisdiction to proceed against the promisor in adult proceedings pursuant to Part 10,Adult Offenses.
(5) The court shall endeavor, through use of the warrant of arrest if necessary, asprovided in Subsection (6), or by other means, to ensure the presence at all hearings of one orboth parents or of the guardian of a child. If neither a parent nor guardian is present at the courtproceedings, the court may appoint a guardian ad litem to protect the interest of a minor. Aguardian ad litem may also be appointed whenever necessary for the welfare of a minor, whetheror not a parent or guardian is present.
(6) A warrant may be issued for a parent, a guardian, a custodian, or a minor if:
(a) a summons is issued but cannot be served;
(b) it is made to appear to the court that the person to be served will not obey thesummons;
(c) serving the summons will be ineffectual; or
(d) the welfare of the minor requires that he be brought immediately into the custody ofthe court.
Renumbered and Amended by Chapter 3, 2008 General Session