1. (1) At any time after a petition for termination of parental rights is filed, the juvenile court may make an order in accordance with this chapter:

   1. (a) providing for temporary custody of the child who is the subject of the petition; or

   2. (b) that the division provide protective services to the child who is the subject of the petition if the juvenile court determines that:

      1. (i) the child is at risk of being removed from the child's home due to abuse and neglect; and
      2. (ii) the provision of protective services may make the removal described in Subsection (1)(b)(i) unnecessary.

2. (2)

   1. (a) The juvenile court shall hold an expedited hearing to determine whether a child should be placed in temporary custody if:

      1. (i) a person files a petition for termination of parental rights;
      2. (ii) a party to the proceeding files a motion for expedited placement in temporary custody; and
      3. (iii) notice of the hearing described in this Subsection (1)(a) is served consistent with the requirements for notice of a shelter hearing under Section 80-3-301.

   2. (b) The hearing described in Subsection (2)(a):

      1. (i) shall be held within 72 hours, excluding weekends and holidays, after the time in which the motion described in Subsection (2)(a)(ii) is filed; and
      2. (ii) shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of Juvenile Procedure, Rule 13.

3. (3)

   1. (a) The hearing and notice described in Subsection (1) are subject to:

      1. (i) Section 80-3-301;
      2. (ii) Section 80-3-302; and
      3. (iii) the Utah Rules of Juvenile Procedure.
   2. (b) After the hearing described in Subsection (1), the juvenile court may order a child placed in the temporary custody of the division.

Enacted by Chapter 261, 2021 General Session