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H.B. 85 Enrolled
AN ACT RELATING TO THE STATE SYSTEM OF PUBLIC EDUCATION; CLARIFYING
THE COMPULSORY EDUCATION REQUIREMENTS; AND MAKING TECHNICAL
CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53A-11-101, as last amended by Chapter 78, Laws of Utah 1990
53A-11-102, as last amended by Chapter 302, Laws of Utah 1995
53A-11-103, as last amended by Chapter 1, Laws of Utah 1996
53A-11-105, as last amended by Chapter 329, Laws of Utah 1997
78-3a-103, as last amended by Chapters 274 and 298, Laws of Utah 1998
78-3a-104, as last amended by Chapters 274 and 315, Laws of Utah 1998
78-3a-306, as last amended by Chapters 13 and 274, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-11-101 is amended to read:
53A-11-101. Responsibility for minor required to attend school -- Penalty for
violation.
(1) For purposes of this part:
(a) "Habitual truant" is a school-age minor who has received more than two truancy
citations within one school year from the school in which the minor is or should be enrolled and
eight absences without a legitimate or valid excuse or who, in defiance of efforts on the part of
school authorities to resolve a student's attendance problem as required under Section 53A-11-103 ,
refuses to regularly attend school or any scheduled period of the school day.
(b) "Minor" means a person under the age of eighteen years.
(c) "Parent" includes:
(i) a custodial parent of the minor;
(ii) a legally appointed guardian of a minor; or
(iii) any other person purporting to exercise any authority over the minor which could be
exercised by persons listed under Subsections (1)(a)(i) and (ii) above.
(d) "School-age minor" means a minor who has reached the age of six years but has not
reached the age of eighteen years, but does not include a minor emancipated by marriage.
(e) "Truancy citation" is an administrative notice to a truant minor requiring an appearance
before the school truancy control officer or body from which the minor is truant.
(f) "Truant minor" is any school-age minor who is subject to the state's compulsory education
law and who is absent from school without a legitimate or valid excuse.
[
enroll and send [
school year of the district in which the minor resides.
[
(a) fail to [
or
(b) refuse to respond to a written request which is delivered to the parent pursuant to the
provisions of Subsection 53A-11-103 (1)(b) by a local school board or school district.
(4) The provisions of this section do not apply to a parent of a school-age minor who has
been declared by the local school board to be exempt from school attendance in conformity with
Section 53A-11-102 .
[
district attorney.
[
Section 2. Section 53A-11-102 is amended to read:
53A-11-102. Minors exempt from school attendance.
(1) A [
of education and a parent exempted from application of Subsections 53A-11-101 (2) and (3) for [
any of the following reasons:
(a) a minor over age 16 may receive a partial release from school to enter employment if the
minor has completed the eighth grade. Minors excused under this subsection are required to attend
part-time schooling or home schooling as prescribed by the board; or
(b) on an annual basis, a minor may receive a full release from attending a public, regularly
established private, or part-time school or class if:
(i) the minor has already completed the work required for graduation from high school, or
has demonstrated mastery of required skills and competencies in accordance with Subsection
53A-15-102 (1);
(ii) the minor is taught at home in the subjects prescribed by the State Board of Education
in accordance with the law for the same length of time as minors are required by law to be taught in
the district schools;
(iii) the minor is in a physical or mental condition, certified by a competent physician if
required by the district board, which renders attendance inexpedient and impracticable;
(iv) proper influences and adequate opportunities for education are provided in connection
with the minor's employment; or
(v) the district superintendent has determined that a minor over the age of 16 is unable to
profit from attendance at school because of inability or a continuing negative attitude toward school
regulations and discipline.
(2) In each case, evidence of reasons for granting an exemption must be sufficient to satisfy
the local board.
(3) Boards excusing minors from attendance shall issue a certificate stating that the minor
is excused from attendance during the time specified on the certificate.
Section 3. Section 53A-11-103 is amended to read:
53A-11-103. Duties of boards of education in resolving child's attendance problems
-- Parental involvement -- Issuance of truancy citations -- Procedure for contesting citations
-- Liability not imposed.
(1) [
the local school board or school district shall make [
[
(a) counseling of the [
(b) [
the [
and stating that refusal to respond to the notice is a class B misdemeanor;
(c) at least one meeting with the [
(d) [
special needs of the [
(e) monitoring [
for a period not to exceed 30 days.
[
(2) In addition to the efforts listed in Subsection (1), the local school board or school district
may enlist the assistance of community and law enforcement agencies as appropriate and reasonably
feasible.
(3) In the event that the minor's school attendance problem cannot be resolved by the efforts
of the local school board or school district, the local school board or school district shall refer the
school-age minor to the appropriate district or county attorney or juvenile court as a habitual truant.
[
of a school-age minor shall, upon written request from a local school board or school district,
cooperate with school authorities in resolving the minor's school attendance problem. [
[
[
administrators and appointed truancy specialists. Recipients of truancy citations may be subjected
to administrative penalties, and to a fee assessed in accordance with a uniform fee schedule adopted
by the State Board of Education.
[
a procedure for students to contest citations [
Any minor having received three prior truancy citations within a single school year and for whom
reasonable efforts to resolve the attendance problem have failed, shall be issued a habitual truancy
citation and referred by the local school board or school district to the appropriate county or district
attorney or juvenile court as a habitual truant. Proceedings for habitual truancy shall be expedited
by the court.
[
employees. Proceedings initiated under this part do not obligate or preclude action by the Division
of Child and Family Services under Section 78-3a-316 .
Section 4. Section 53A-11-105 is amended to read:
53A-11-105. Taking custody of person believed to be truant child -- Disposition --
Receiving centers -- Reports -- Immunity from liability.
(1) A peace officer, truant officer, or public school administrator may take a [
into temporary custody or issue a truancy citation, or both, if there is reason to believe the [
minor is a [
shall be approved by the school administrator.
(2) An individual taking a [
without unnecessary delay, release the [
(a) the principal of the [
(b) a person who has been designated by the local school board to receive [
return [
(c) a receiving center established under Subsection (5).
(3) If the [
or administrator shall, without unnecessary delay, notify the [
(4) If the parents[
accept custody, the [
(5) (a) A local school board, singly or jointly with another school board, may establish or
designate receiving centers within existing school buildings and staff the centers with existing teachers
or staff to provide educational guidance and counseling for truant [
of a truant [
minor's parents[
the [
(b) If the parents[
comply with the request within a reasonable time, the center shall take such steps as are reasonably
necessary to insure the safety and well being of the [
returning the [
Services. A [
center or other secure confinement facility.
(6) Action taken under this section shall be reported to the appropriate school district. The
district shall promptly notify the [
(7) The Utah Governmental Immunity Act applies to all actions taken under this section.
(8) Nothing in this section may be construed to grant authority to a public school
administrator or truant officer to place a [
Family Services, without complying with the provisions of Title 62A, Chapter 4a, Parts 2 and 2A, and
of Title 78, Chapter 3a, Parts 3 and 3A.
Section 5. Section 78-3a-103 is amended to read:
78-3a-103. Definitions.
(1) As used in this chapter:
(a) "Abused child" includes a minor less than 18 years of age who:
(i) has suffered or been threatened with nonaccidental physical or mental harm, negligent
treatment, or sexual exploitation; or
(ii) has been the victim of any sexual abuse.
(b) "Adjudication" means a finding by the court, incorporated in a decree, that the facts
alleged in the petition have been proved.
(c) "Adult" means a person 18 years of age or over, except that persons 18 years or over
under the continuing jurisdiction of the juvenile court pursuant to Section 78-3a-121 shall be referred
to as minors.
(d) "Board" means the Board of Juvenile Court Judges.
(e) "Child placement agency" means:
(i) a private agency licensed to receive minors for placement or adoption under this code; or
(ii) a private agency receiving minors for placement or adoption in another state, which
agency is licensed or approved where such license or approval is required by law.
(f) "Commit" means to transfer legal custody.
(g) "Court" means the juvenile court.
(h) "Dependent child" includes a minor who is homeless or without proper care through no
fault of his parent, guardian, or custodian.
(i) "Deprivation of custody" means transfer of legal custody by the court from a parent or the
parents or a previous legal custodian to another person, agency, or institution.
(j) "Detention" means home detention and secure detention as defined in Section 62A-7-101
for the temporary care of minors who require secure custody in physically restricting facilities:
(i) pending court disposition or transfer to another jurisdiction; or
(ii) while under the continuing jurisdiction of the court.
(k) "Formal referral" means a written report from a peace officer or other person informing
the court that a minor is or appears to be within the court's jurisdiction and that a petition may be
filed.
(l) "Group rehabilitation therapy" means psychological and social counseling of one or more
persons in the group, depending upon the recommendation of the therapist.
(m) "Guardianship of the person" includes the authority to consent to marriage, to enlistment
in the armed forces, to major medical, surgical, or psychiatric treatment, and to legal custody, if legal
custody is not vested in another person, agency, or institution.
(n) "Habitual truant" is a school-age minor who has received more than two truancy citations
within one school year from the school in which the minor is or should be enrolled and eight absences
without a legitimate or valid excuse or who, in defiance of efforts on the part of school authorities
as required under Section 53A-11-103 , refuses to regularly attend school or any scheduled period of
the school day.
[
(i) the right to physical custody of the minor;
(ii) the right and duty to protect, train, and discipline the minor;
(iii) the duty to provide the minor with food, clothing, shelter, education, and ordinary
medical care;
(iv) the right to determine where and with whom the minor shall live; and
(v) the right, in an emergency, to authorize surgery or other extraordinary care.
[
used in other parts of this chapter.
[
minor's noncustodial parent.
[
(A) whose parent, guardian, or custodian has abandoned or subjected the minor to
mistreatment or abuse;
(B) who lacks proper parental care by reason of the fault or habits of the parent, guardian,
or custodian;
(C) whose parent, guardian, or custodian fails or refuses to provide proper or necessary
subsistence, education, or medical care, including surgery or psychiatric services when required, or
any other care necessary for health, safety, morals, or well-being; or
(D) who is at risk of being a neglected or abused child as defined in this chapter because
another minor in the same home is a neglected or abused child as defined in this chapter.
(ii) The aspect of neglect related to education, described in Subsection (1)[
means that, after receiving notice that a minor has been frequently absent from school without good
cause, or that the minor has failed to cooperate with school authorities in a reasonable manner, a
parent or guardian fails to make a good faith effort to ensure that the minor receives an appropriate
education.
(iii) A parent or guardian legitimately practicing religious beliefs and who, for that reason,
does not provide specified medical treatment for a minor, is not guilty of neglect.
[
without judicial determination upon the consent in writing of the minor, the parent, legal guardian or
custodian, and the assigned probation officer.
[
the ground of a violation of law or under Section 78-3a-104 , whereby the minor is permitted to
remain in his home under prescribed conditions and under supervision by the probation department
or other agency designated by the court, subject to return to the court for violation of any of the
conditions prescribed.
[
adjudication on the ground of abuse, neglect, or dependency, whereby the minor is permitted to
remain in his home, and supervision and assistance to correct the abuse, neglect, or dependency is
provided by the probation department or other agency designated by the court.
[
the parent after legal custody or guardianship, or both, have been vested in another person or agency,
including the responsibility for support, the right to consent to adoption, the right to determine the
child's religious affiliation, and the right to reasonable visitation unless restricted by the court. If no
guardian has been appointed, "residual parental rights and duties" also include the right to consent
to marriage, to enlistment, and to major medical, surgical, or psychiatric treatment.
[
of Youth Corrections, that provides 24-hour supervision and confinement for youth offenders
committed to the division for custody and rehabilitation.
[
pending court disposition or transfer to another jurisdiction.
[
intervention than standard probation but is less intensive or restrictive than a community placement
with the Division of Youth Corrections.
[
rights and duties, including residual parental rights and duties, by court order.
[
of conducting psychological treatment and counseling of a minor in its custody, or any other person
licensed or approved by the state for the purpose of conducting psychological treatment and
counseling.
(2) As used in Part 3, Abuse, Neglect, and Dependency Proceedings, with regard to the
Division of Child and Family Services:
(a) "Custody" means the custody of a minor in the Division of Child and Family Services as
of the date of disposition.
(b) "Protective custody" means the shelter of a minor by the Division of Child and Family
Services from the time the minor is removed from home until the shelter hearing, or the minor's return
home, whichever occurs earlier.
(c) "Temporary custody" means the custody of a minor in the Division of Child and Family
Services from the date of the shelter hearing until disposition.
Section 6. Section 78-3a-104 is amended to read:
78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
(1) Except as otherwise provided by law, the juvenile court has exclusive original jurisdiction
in proceedings concerning:
(a) a minor who has violated any federal, state, or local law or municipal ordinance or a
person younger than 21 years of age who has violated any law or ordinance before becoming 18 years
of age, regardless of where the violation occurred, excluding traffic laws and ordinances;
(b) a person 21 years of age or older who has failed or refused to comply with an order of
the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's 21st
birthday; however, the continuing jurisdiction is limited to causing compliance with existing orders;
(c) a minor who is an abused child, neglected child, or dependent child, as those terms are
defined in Section 78-3a-103 ;
(d) a protective order for a minor who is alleged to be an abused child or neglected child,
except as provided in Section 78-3a-105 , and unless the petition is filed by a natural parent of the
minor against a natural parent of the minor;
(e) the determination of the custody of a minor or to appoint a guardian of the person or
other guardian of a minor who comes within the court's jurisdiction under other provisions of this
section;
(f) the termination of the legal parent-child relationship in accordance with Part 4,
Termination of Parental Rights Act, including termination of residual parental rights and duties;
(g) the treatment or commitment of a mentally retarded minor;
(h) a minor who[
(i) the judicial consent to the marriage of a minor under age 16 upon a determination of
voluntariness or where otherwise required by law, employment, or enlistment of a minor when
consent is required by law;
(j) any parent or parents of a minor committed to a secure youth corrections facility, to order,
at the discretion of the court and on the recommendation of a secure youth corrections facility, the
parent or parents of a minor committed to a secure youth corrections facility for a custodial term, to
undergo group rehabilitation therapy under the direction of a secure youth corrections facility
therapist, who has supervision of that parent's or parents' minor, or any other therapist the court may
direct, for a period directed by the court as recommended by a secure youth corrections facility;
(k) a minor under Title 55, Chapter 12, Interstate Compact on Juveniles;
(l) the treatment or commitment of a mentally ill child. The court may commit a child to the
physical custody of a local mental health authority or to the legal custody of the Division of Mental
Health in accordance with the procedures and requirements of Title 62A, Chapter 12, Part 2A,
Commitment of Persons Under Age 18 to Division of Mental Health. The court may not commit a
child directly to the Utah State Hospital; and
(m) the commitment of a minor in accordance with Section 62A-8-501 .
(2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive
jurisdiction over any traffic offense committed by a minor under 16 years of age and concurrent
jurisdiction over all other traffic offenses committed by a minor 16 years of age or older, except that
the court shall have exclusive jurisdiction over the following traffic offenses committed by a minor
under 18 years of age:
(a) Section 76-5-207 , automobile homicide;
(b) Section 41-6-44 , operating a vehicle while under the influence of alcohol or drugs;
(c) Section 41-6-45 , reckless driving;
(d) Section 41-1a-1314 , unauthorized control over a motor vehicle, trailer, or semitrailer for
an extended period of time; and
(e) Section 41-6-13.5 , fleeing a peace officer.
(3) The court also has jurisdiction over traffic offenses that are part of a single criminal
episode filed in a petition that contains an offense over which the court has jurisdiction.
(4) The juvenile court has jurisdiction over questions of custody, support, and visitation
certified to it by the district court pursuant to Section 78-3a-105 .
(5) The juvenile court has jurisdiction over an ungovernable or runaway minor who is
referred to it by the Division of Child and Family Services or by public or private agencies that
contract with the division to provide services to that minor where, despite earnest and persistent
efforts by the division or agency, the minor has demonstrated that he:
(a) is beyond the control of his parent, guardian, lawful custodian, or school authorities to
the extent that his behavior or condition endangers his own welfare or the welfare of others; or
(b) has run away from home.
(6) This section does not restrict the right of access to the juvenile court by private agencies
or other persons.
(7) The juvenile court has jurisdiction of all magistrate functions relative to cases arising
under Section 78-3a-602 .
Section 7. Section 78-3a-306 is amended to read:
78-3a-306. Shelter hearing.
(1) With regard to a child who has been removed by the Division of Child and Family
Services, or who is in the protective custody of the division, a shelter hearing shall be held within 72
hours after removal of the child from his home, excluding weekends and holidays.
(2) Upon removal of a child from his home and receipt of that child into protective custody,
the division shall issue a notice that contains all of the following:
(a) the name and address of the person to whom the notice is directed;
(b) the date, time, and place of the shelter hearing;
(c) the name of the minor on whose behalf a petition is being brought;
(d) a concise statement regarding the allegations and code sections under which the
proceeding has been instituted;
(e) a statement that the parent or guardian to whom notice is given, and the minor, are
entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is indigent
and cannot afford an attorney, and desires to be represented by an attorney, one will be provided; and
(f) a statement that the parent or guardian is liable for the cost of support of the minor in the
protective custody, temporary custody, and custody of the division, and the cost for legal counsel
appointed for the parent or guardian under Subsection (2)(e), according to his financial ability.
(3) That notice shall be personally served as soon as possible, but at least 24 hours prior to
the time set for the shelter hearing, on:
(a) the appropriate guardian ad litem; and
(b) both parents and any guardian of the minor, unless they cannot be located.
(4) The following persons shall be present at the shelter hearing:
(a) the child, unless it would be detrimental for the child;
(b) the child's parents or guardian, unless they cannot be located, or fail to appear in response
to the notice;
(c) counsel for the parents, if one has been requested;
(d) the child's guardian ad litem;
(e) the caseworker from the Division of Child and Family Services who has been assigned
to the case; and
(f) the attorney from the attorney general's office who is representing the division.
(5) (a) At the shelter hearing, the court shall provide an opportunity for the minor's parent
or guardian, if present, and any other person having relevant knowledge, to provide relevant
testimony. The court may also provide an opportunity for the minor to testify.
(b) The court may consider all relevant evidence, in accordance with the Utah Rules of
Juvenile Procedure. The court shall hear relevant evidence presented by the minor, his parent or
guardian, the requesting party, or their counsel, but may in its discretion limit testimony and evidence
to only that which goes to the issues of removal and the child's need for continued protection.
(6) If the child is in the protective custody of the division, the division shall report to the
court:
(a) the reasons why the minor was removed from the parent's or guardian's custody;
(b) any services provided to the child and his family in an effort to prevent removal;
(c) the need, if any, for continued shelter;
(d) the available services that could facilitate the return of the minor to the custody of his
parent or guardian; and
(e) whether the child has any relatives who may be able and willing to take temporary
custody.
(7) If necessary to protect the child, preserve the rights of a party, or for other good cause
shown, the court may grant no more than one time-limited continuance, not to exceed five judicial
days.
(8) The court shall order that the minor be released from the protective custody of the
division unless it finds, by a preponderance of the evidence, that any one of the following exist:
(a) there is a substantial danger to the physical health or safety of the minor and the minor's
physical health or safety may not be protected without removing him from his parent's custody. If
a minor has previously been adjudicated as abused, neglected, or dependent and a subsequent incident
of abuse, neglect, or dependency occurs, that fact constitutes prima facie evidence that the child
cannot safely remain in the custody of his parent;
(b) the minor is suffering emotional damage, as may be indicated by, but is not limited to,
extreme anxiety, depression, withdrawal, or negative aggressive behavior toward self or others, and
there are no reasonable means available by which the minor's emotional health may be protected
without removing the minor from the custody of his parent;
(c) the minor or another minor residing in the same household has been physically or sexually
abused, or is deemed to be at substantial risk of being physically or sexually abused, by a parent, a
member of the parent's household, or other person known to the parent. If a parent has received
actual notice that physical or sexual abuse by a person known to the parent has occurred, and there
is evidence that the parent has allowed the child to be in the physical presence of the alleged abuser,
that fact constitutes prima facie evidence that the child is at substantial risk of being physically or
sexually abused;
(d) the parent is unwilling to have physical custody of the child;
(e) the minor has been left without any provision for his support;
(f) a parent who has been incarcerated or institutionalized has not or cannot arrange for safe
and appropriate care for the minor;
(g) a relative or other adult custodian with whom the minor has been left by the parent is
unwilling or unable to provide care or support for the minor, the whereabouts of the parent are
unknown, and reasonable efforts to locate him have been unsuccessful;
(h) the minor is in immediate need of medical care;
(i) the physical environment or the fact that the child is left unattended poses a threat to the
child's health or safety;
(j) the minor or another minor residing in the same household has been neglected;
(k) the parent, or an adult residing in the same household as the parent, has been charged or
arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act, and any clandestine laboratory
operation, as defined in Section 58-37d-3 , was located in the residence or on the property where the
child resided; or
(l) the child's welfare is otherwise endangered.
(9) (a) The court shall also make a determination on the record as to whether reasonable
efforts were made to prevent or eliminate the need for removal of the minor from his home and
whether there are available services that would prevent the need for continued removal. If the court
finds that the minor can be safely returned to the custody of his parent or guardian through the
provision of those services, it shall place the minor with his parent or guardian and order that those
services be provided by the division.
(b) In making that determination, and in ordering and providing services, the child's health,
safety, and welfare shall be the paramount concern, in accordance with federal law.
(10) Where the division's first contact with the family occurred during an emergency situation
in which the child could not safely remain at home, the court shall make a finding that any lack of
preplacement preventive efforts was appropriate.
(11) In cases where actual sexual abuse or abandonment, or serious physical abuse or neglect
are involved, neither the division nor the court has any duty to make "reasonable efforts" or to, in any
other way, attempt to maintain a child in his home, return a child to his home, provide reunification
services, or attempt to rehabilitate the offending parent or parents.
(12) The court may not order continued removal of a minor solely on the basis of educational
neglect as described in Subsection 78-3a-103 (1)[
(13) (a) Whenever a court orders continued removal of a minor under this section, it shall
state the facts on which that decision is based.
(b) If no continued removal is ordered and the minor is returned home, the court shall state
the facts on which that decision is based.
(14) If the court finds that continued removal and temporary custody is necessary for the
protection of a child because harm may result to the child if he were returned home, it shall order
continued removal regardless of any error in the initial removal of the child, or the failure of a party
to comply with notice provisions, or any other procedural requirement of this chapter or Title 62A,
Chapter 4a, Child and Family Services.
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