75-5b-105 - Cooperation between courts. - Utah Statutes

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Statutes > Utah > Title-75 > Chapter-05b > 75-5b-105

75-5b-105. Cooperation between courts.
(1) In a guardianship or protective proceeding in this state, a court of this state mayrequest the appropriate court of another state to do any of the following:
(a) hold an evidentiary hearing;
(b) order a person in that state to produce evidence or give testimony pursuant toprocedures of that state;
(c) order that an evaluation or assessment be made of the respondent;
(d) order any appropriate investigation of a person involved in a proceeding;
(e) forward to the court of this state a certified copy of the transcript or other record of ahearing under Subsection (1)(a) or any other proceeding, any evidence otherwise produced underSubsection (1)(b), and any evaluation or assessment prepared in compliance with an order underSubsection (1)(c) or (d);
(f) issue any order necessary to assure the appearance in the proceeding of a personwhose presence is necessary for the court to make a determination, including the respondent orthe incapacitated or protected person; and
(g) issue an order authorizing the release of medical, financial, criminal, or other relevantinformation in that state, including protected health information as defined in 45 Code of FederalRegulations Section 164.504.
(2) If a court of another state in which a guardianship or protective proceeding is pendingrequests assistance of the kind provided in Subsection (1), a court of this state has jurisdiction forthe limited purpose of granting the request or making reasonable efforts to comply with therequest.

Enacted by Chapter 253, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-05b > 75-5b-105

75-5b-105. Cooperation between courts.
(1) In a guardianship or protective proceeding in this state, a court of this state mayrequest the appropriate court of another state to do any of the following:
(a) hold an evidentiary hearing;
(b) order a person in that state to produce evidence or give testimony pursuant toprocedures of that state;
(c) order that an evaluation or assessment be made of the respondent;
(d) order any appropriate investigation of a person involved in a proceeding;
(e) forward to the court of this state a certified copy of the transcript or other record of ahearing under Subsection (1)(a) or any other proceeding, any evidence otherwise produced underSubsection (1)(b), and any evaluation or assessment prepared in compliance with an order underSubsection (1)(c) or (d);
(f) issue any order necessary to assure the appearance in the proceeding of a personwhose presence is necessary for the court to make a determination, including the respondent orthe incapacitated or protected person; and
(g) issue an order authorizing the release of medical, financial, criminal, or other relevantinformation in that state, including protected health information as defined in 45 Code of FederalRegulations Section 164.504.
(2) If a court of another state in which a guardianship or protective proceeding is pendingrequests assistance of the kind provided in Subsection (1), a court of this state has jurisdiction forthe limited purpose of granting the request or making reasonable efforts to comply with therequest.

Enacted by Chapter 253, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-05b > 75-5b-105

75-5b-105. Cooperation between courts.
(1) In a guardianship or protective proceeding in this state, a court of this state mayrequest the appropriate court of another state to do any of the following:
(a) hold an evidentiary hearing;
(b) order a person in that state to produce evidence or give testimony pursuant toprocedures of that state;
(c) order that an evaluation or assessment be made of the respondent;
(d) order any appropriate investigation of a person involved in a proceeding;
(e) forward to the court of this state a certified copy of the transcript or other record of ahearing under Subsection (1)(a) or any other proceeding, any evidence otherwise produced underSubsection (1)(b), and any evaluation or assessment prepared in compliance with an order underSubsection (1)(c) or (d);
(f) issue any order necessary to assure the appearance in the proceeding of a personwhose presence is necessary for the court to make a determination, including the respondent orthe incapacitated or protected person; and
(g) issue an order authorizing the release of medical, financial, criminal, or other relevantinformation in that state, including protected health information as defined in 45 Code of FederalRegulations Section 164.504.
(2) If a court of another state in which a guardianship or protective proceeding is pendingrequests assistance of the kind provided in Subsection (1), a court of this state has jurisdiction forthe limited purpose of granting the request or making reasonable efforts to comply with therequest.

Enacted by Chapter 253, 2008 General Session