State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-05 > 75-5-206

75-5-206. Court appointment of guardian of minor -- Qualifications -- Priority ofminor's nominee.
(1) (a) The court may appoint as guardian any person whose appointment would be in thebest interests of the minor.
(b) In determining the minor's best interests, the court may consider the minor's physical,mental, moral, and emotional health needs.
(2) Except as provided in Subsection (3), the court shall appoint a person nominated bythe minor, if the minor is 14 years of age or older, unless the court finds the appointment contraryto the best interests of the minor.
(3) The court may deny the appointment of a guardian for a minor of school age if itfinds that:
(a) if the minor is older than 11 years of age:
(i) the minor has not secured a certificate from the local police authority in thejurisdiction where the minor has lived during the past two years stating that there have been nocriminal charges filed against the minor and the minor is not the subject of a criminalinvestigation in that jurisdiction and given a copy of the certificate to the superintendent of theschool district in which the minor would attend school in Utah; or
(ii) a release has not been given by or on behalf of the minor to the superintendent of theschool district in which the minor would attend school in Utah within a reasonable time prior tothe guardianship hearing, allowing the superintendent full access to all criminal records of theminor in those jurisdictions outside the state where the minor has resided during the previous twoyears, which release remains part of the minor's school records together with verification ofresidence for the previous two years, except that information disclosed in the criminal recordsmay not be made a part of the minor's school record;
(b) the school district has proven by a preponderance of the evidence that the primarypurpose for the guardianship is to avoid the payment of tuition, which a school district mayassess against a nonresident for attendance at a Utah public school; or
(c) after consideration of relevant evidence, including any presented by the school districtin which the petitioner resides, the minor's behavior indicates an ongoing unwillingness to abideby applicable law or school rules.
(4) If a school district files an objection for reasons described in Subsection (3)(b), andthe court does not find in favor of the school district, the court may award the petitioner attorneyfees and costs if the court finds that the school district's arguments lack a reasonable basis in lawor fact.

Amended by Chapter 392, 2010 General Session