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S.B. 134 Enrolled
AN ACT RELATING TO THE JUDICIAL CODE; MAKING ADJUSTMENTS AND
CORRECTIONS TO THE RECODIFICATION OF THE JUVENILE COURT ACT OF
1996; CORRECTING CROSS-REFERENCES; MAKING TECHNICAL
CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
32A-12-209, as last amended by Chapter 188, Laws of Utah 1996
53-3-204, as last amended by Chapters 1 and 71, Laws of Utah 1996
53-3-219, as last amended by Chapters 1 and 188, Laws of Utah 1996
53A-11-1001, as last amended by Chapter 1, Laws of Utah 1996
53A-11-1004, as last amended by Chapter 1, Laws of Utah 1996
62A-4a-105 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
62A-4a-105 (Superseded 07/01/97), as last amended by Chapters 1 and 314, Laws of
Utah 1996
62A-7-101, as last amended by Chapter 1, Laws of Utah 1996
62A-7-102, as last amended by Chapter 1, Laws of Utah 1996
62A-7-104, as last amended by Chapter 1, Laws of Utah 1996
62A-7-201, as last amended by Chapters 1, 66, and 239, Laws of Utah 1996
62A-8-204, as last amended by Chapter 26, Laws of Utah 1991
62A-12-229, as last amended by Chapter 1, Laws of Utah 1996
62A-12-282.1, as enacted by Chapter 234, Laws of Utah 1996
63-63a-5, as last amended by Chapter 1, Laws of Utah 1996
63-63a-8, as last amended by Chapters 1 and 255, Laws of Utah 1996
76-9-701, as last amended by Chapters 141 and 188, Laws of Utah 1996
77-38-5, as last amended by Chapter 352, Laws of Utah 1995
78-3a-103, as enacted by Chapter 1 and last amended by Chapter 318, Laws of Utah 1996
78-3a-104, as enacted by Chapter 1 and last amended by Chapters 234 and 318, Laws of
Utah 1996
78-3a-105, as enacted by Chapter 1, Laws of Utah 1996
78-3a-106, as enacted by Chapter 1, Laws of Utah 1996
78-3a-301, as last amended by Chapter 318, Laws of Utah 1996
78-3a-311, as last amended by Chapters 1, 314, and 318, Laws of Utah 1996
78-3a-411, as last amended by Chapter 1, Laws of Utah 1996
78-3a-502, as enacted by Chapter 1, Laws of Utah 1996
78-3a-503, as enacted by Chapter 1, Laws of Utah 1996
78-3a-603, as enacted by Chapter 1 and last amended by Chapters 66 and 239, Laws of Utah
1996
78-3a-903, as enacted by Chapter 1, Laws of Utah 1996
78-3a-905, as enacted by Chapter 1, Laws of Utah 1996
78-5-105, as last amended by Chapter 1, Laws of Utah 1996
78-11-20, as last amended by Chapters 1 and 142, Laws of Utah 1996
78-11-20.5, as last amended by Chapter 1, Laws of Utah 1996
78-11-20.7, as last amended by Chapters 1 and 142, Laws of Utah 1996
ENACTS:
78-3a-109, Utah Code Annotated 1953
78-3a-110, Utah Code Annotated 1953
78-3a-111, Utah Code Annotated 1953
REPEALS AND REENACTS:
78-3a-504, as enacted by Chapter 1, Laws of Utah 1996
78-3a-505, as enacted by Chapter 1, Laws of Utah 1996
78-3a-506, as enacted by Chapter 1, Laws of Utah 1996
RENUMBERS AND AMENDS:
78-3a-112, (Renumbered from 78-3a-507, as enacted by Chapter 1, Laws of Utah 1996)
78-3a-113, (Renumbered from 78-3a-508, as enacted by Chapter 1, Laws of Utah 1996)
78-3a-114, (Renumbered from 78-3a-509, as enacted by Chapter 1 and last amended by
Chapter 66, Laws of Utah 1996)
78-3a-115, (Renumbered from 78-3a-511, as enacted by Chapter 1, Laws of Utah 1996)
78-3a-116, (Renumbered from 78-3a-512, as enacted by Chapter 1, Laws of Utah 1996)
78-3a-117, (Renumbered from 78-3a-515, as enacted by Chapter 1, Laws of Utah 1996)
78-3a-118, (Renumbered from 78-3a-516, as enacted by Chapter 1 and last amended by
Chapters 188, 234, and 318, Laws of Utah 1996)
78-3a-119, (Renumbered from 78-3a-518, as enacted by Chapter 1 and last amended by
Chapter 318, Laws of Utah 1996)
78-3a-120, (Renumbered from 78-3a-519, as enacted by Chapter 1, Laws of Utah 1996)
78-3a-121, (Renumbered from 78-3a-520, as enacted by Chapter 1 and last amended by
Chapter 234, Laws of Utah 1996)
78-3a-913, (Renumbered from 78-3a-513, as enacted by Chapter 1, Laws of Utah 1996)
78-3a-914, (Renumbered from 78-3a-521, as enacted by Chapter 1, Laws of Utah 1996)
REPEALS:
78-3a-510, as enacted by Chapter 1, Laws of Utah 1996
78-3a-514, as enacted by Chapter 1, Laws of Utah 1996
78-3a-517, as enacted by Chapter 1 and last amended by Chapter 188, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 32A-12-209 is amended to read:
32A-12-209. Unlawful purchase, possession, or consumption by minors.
(1) It is unlawful for any person under the age of 21 years to purchase, attempt to purchase,
solicit another person to purchase, possess, or consume any alcoholic beverage or product, unless
specifically authorized by this title.
(2) It is unlawful for any person under the age of 21 years to misrepresent his age, or for any
other person to misrepresent the age of a minor, for the purpose of purchasing or otherwise obtaining
an alcoholic beverage or product for a minor.
(3) It is unlawful for any person under the age of 21 years to possess or consume any
alcoholic beverage while riding in a limousine or chartered bus.
(4) When a person who is at least 13 years old, but younger than 18 years old, is found by
the court to have violated this section, the provisions regarding suspension of the driver's license
under Section [
(5) When the court has issued an order suspending a person's driving privileges for a
violation of this section, the Driver License Division shall suspend the person's license under the
provisions of Section 53-3-219.
(6) When the Department of Public Safety receives the arrest or conviction record of a
person for a driving offense committed while his license is suspended pursuant to this section, the
department shall extend the suspension for an additional like period of time.
(7) A violation of this section is a class B misdemeanor.
Section 2. Section 53-3-204 is amended to read:
53-3-204. Persons who may not be licensed.
(1) (a) The division may not license a person younger than 16 years of age or a person who
has not completed a course in driver training approved by the commissioner.
(b) Subsection (a) does not apply to a person:
(i) who has been licensed before July 1, 1967; or
(ii) who is 16 years of age or older making application for a license who has been licensed
in another state or country.
(2) The division may not issue a license certificate to a person:
(a) whose license has been suspended, denied, cancelled, or disqualified during the period
of suspension, denial, cancellation, or disqualification;
(b) whose privilege has been revoked, except as provided in Section 53-3-225;
(c) who has previously been adjudged mentally incompetent and who has not at the time of
application been restored to competency as provided by law;
(d) who is required by this chapter to take an examination unless the person successfully
passes the examination; or
(e) whose driving privileges have been denied or suspended under:
(i) Section [
(ii) Section 53-3-231.
(3) The division may grant a class D or M license to a person whose commercial license is
disqualified under Part 4 of this chapter if the person is not otherwise sanctioned under this chapter.
Section 3. Section 53-3-219 is amended to read:
53-3-219. Suspension of juvenile driving privileges.
(1) The division shall immediately suspend all driving privileges of any person upon receipt
of an order suspending driving privileges under Section 32A-12-209, Subsection 76-9-701(1), or
Section [
(a) Upon receipt of the first order suspending a person's driving privileges, the division shall
impose a suspension for 90 days or, if the person is under the age of eligibility for a driver license,
deny application for a driver license for the first 90 days following the date of eligibility.
(b) Upon receipt of a second order suspending a person's driving privileges, the division
shall impose a suspension for six months or, if the person is under the age of eligibility for a driver
license, deny application for a driver license for the first six months following the date of eligibility.
(c) Upon receipt of a third or subsequent order suspending a person's driving privileges, the
division shall impose a suspension for one year or, if the person is under the age of eligibility for a
driver license, deny application for a driver license for one year beginning on the date of eligibility.
(2) (a) After reinstatement of the license under Subsection (1)(a), a report authorized under
Section 53-3-104 may not contain evidence of the suspension of a juvenile's license under this
section if he has not been convicted of any other offense for which the suspension under Subsection
(1)(a) may be extended.
(b) A person whose license is suspended solely by an order made in accordance with Section
32A-12-209, Subsection 76-9-701(1), or Section [
41-12a-411 and 41-12a-412.
Section 4. Section 53A-11-1001 is amended to read:
53A-11-1001. Notification of juvenile adjudication by juvenile court.
Notifications received from the juvenile court by the school district pursuant to Subsection
[
Section 5. Section 53A-11-1004 is amended to read:
53A-11-1004. Liability for release of information.
(1) The district superintendent, principal, and any staff member notified by the principal may
not be held liable for information which may become public knowledge unless it can be shown by
clear and convincing evidence that the information became public knowledge through an intentional
act of the superintendent, principal, or staff member.
(2) A person receiving information under Subsection [
53A-11-1002 is immune from any liability, civil or criminal, for acting or failing to act in response
to the information unless the person acts or fails to act due to malice, gross negligence, or deliberate
indifference to the consequences.
Section 6. Section 62A-4a-105 (Effective 07/01/97) is amended to read:
62A-4a-105 (Effective 07/01/97). Division responsibilities.
The division shall:
(1) administer services to children and families, including child welfare services, youth
services, domestic violence services, and all other responsibilities the Legislature or the executive
director may assign to the division;
(2) establish standards for all contract providers of out-of-home care for children and
families;
(3) cooperate with the federal government in the administration of child welfare, youth
services, and domestic violence programs and other human service activities assigned by the
department;
(4) provide for the compilation of relevant information, statistics, and reports on child and
family service matters in the state;
(5) prepare and submit to the department, the governor, and the Legislature reports of the
operation and administration of the division in accordance with the requirements of Sections
62A-4a-117 and 62A-4a-118;
(6) promote and enforce state and federal laws enacted for the protection of abused,
neglected, dependent, delinquent, ungovernable, and runaway children, and status offenders, in
accordance with the requirements of this chapter, unless administration is expressly vested in another
division or department of the state. In carrying out this subsection the division shall cooperate with
the juvenile courts, the Division of Youth Corrections, and with all public and private licensed child
welfare agencies and institutions to develop and administer a broad range of services and supports.
The division shall take the initiative in all matters involving the protection of abused or neglected
children if adequate provisions have not been made or are not likely to be made, and shall make
expenditures necessary for the care and protection of those children, within the division's budget;
(7) provide substitute care for dependent, abused, neglected, and delinquent children,
establish standards for substitute care facilities, and approve those facilities;
(8) provide financial support to persons adopting physically handicapped, mentally
handicapped, older, or other hard-to-place children who, immediately prior to adoption, were legal
wards of the state. The financial support provided under this subsection may not exceed the amounts
the division would provide for the child as a legal ward of the state;
(9) cooperate with the Division of Employment Development in the Department of
Workforce Services in meeting social and economic needs of individuals eligible for public
assistance;
(10) conduct court-ordered home evaluations for the district and juvenile courts with regard
to child custody issues. The court shall order either the plaintiff, defendant, or both parties to
reimburse the division for the cost of that evaluation, in accordance with the community rate for that
service or with the department's fee schedule rate;
(11) provide noncustodial and in-home preventive services, designed to prevent family
breakup, family preservation services, and reunification services to families whose children are in
substitute care in accordance with the requirements of this chapter and Title 78, Chapter 3a, Juvenile
Courts;
(12) provide protective supervision of a family, upon court order, in an effort to eliminate
abuse or neglect of a child in that family;
(13) provide services to runaway and ungovernable children and their families;
(14) provide shelter care in accordance with the requirements of this chapter and Title 78,
Chapter 3a, Juvenile Courts;
(15) provide social studies and reports for the juvenile court in accordance with Section
[
(16) arrange for and provide training for staff and providers involved in the administration
and delivery of services offered by the division in accordance with this chapter;
(17) provide domestic violence services in accordance with the requirements of federal law,
and establish standards for all direct or contract providers of domestic violence services. Within
appropriations from the Legislature, the division shall provide or contract for a variety of domestic
violence services and treatment methods;
(18) ensure regular, periodic publication regarding the number of children in the custody of
the division who have a permanency goal of adoption and who are eligible for adoption, and promote
adoption of those children; and
(19) perform such other duties and functions as required by law.
Section 7. Section 62A-4a-105 (Superseded 07/01/97) is amended to read:
62A-4a-105 (Superseded 07/01/97). Division responsibilities.
The division shall:
(1) administer services to children and families, including child welfare services, youth
services, domestic violence services, and all other responsibilities the Legislature or the executive
director may assign to the division;
(2) establish standards for all contract providers of out-of-home care for children and
families;
(3) cooperate with the federal government in the administration of child welfare, youth
services, and domestic violence programs and other human service activities assigned by the
department;
(4) provide for the compilation of relevant information, statistics, and reports on child and
family service matters in the state;
(5) prepare and submit to the department, the governor, and the Legislature reports of the
operation and administration of the division in accordance with the requirements of Sections
62A-4a-117 and 62A-4a-118;
(6) promote and enforce state and federal laws enacted for the protection of abused,
neglected, dependent, delinquent, ungovernable, and runaway children, and status offenders, in
accordance with the requirements of this chapter, unless administration is expressly vested in another
division or department of the state. In carrying out this subsection the division shall cooperate with
the juvenile courts, the Division of Youth Corrections, and with all public and private licensed child
welfare agencies and institutions to develop and administer a broad range of services and supports.
The division shall take the initiative in all matters involving the protection of abused or neglected
children if adequate provisions have not been made or are not likely to be made, and shall make
expenditures necessary for the care and protection of those children, within the division's budget;
(7) provide substitute care for dependent, abused, neglected, and delinquent children,
establish standards for substitute care facilities, and approve those facilities;
(8) provide financial support to persons adopting physically handicapped, mentally
handicapped, older, or other hard-to-place children who, immediately prior to adoption, were legal
wards of the state. The financial support provided under this subsection may not exceed the amounts
the division would provide for the child as a legal ward of the state;
(9) cooperate with the Office of Family Support in meeting social and economic needs of
individuals eligible for public assistance;
(10) conduct court-ordered home evaluations for the district and juvenile courts with regard
to child custody issues. The court shall order either the plaintiff, defendant, or both parties to
reimburse the division for the cost of that evaluation, in accordance with the community rate for that
service or with the department's fee schedule rate;
(11) provide noncustodial and in-home preventive services, designed to prevent family
breakup, family preservation services, and reunification services to families whose children are in
substitute care in accordance with the requirements of this chapter and Title 78, Chapter 3a, Juvenile
Courts;
(12) provide protective supervision of a family, upon court order, in an effort to eliminate
abuse or neglect of a child in that family;
(13) provide services to runaway and ungovernable children and their families;
(14) provide shelter care in accordance with the requirements of this chapter and Title 78,
Chapter 3a, Juvenile Courts;
(15) provide social studies and reports for the juvenile court in accordance with Section
[
(16) arrange for and provide training for staff and providers involved in the administration
and delivery of services offered by the division in accordance with this chapter;
(17) provide domestic violence services in accordance with the requirements of federal law,
and establish standards for all direct or contract providers of domestic violence services. Within
appropriations from the Legislature, the division shall provide or contract for a variety of domestic
violence services and treatment methods;
(18) ensure regular, periodic publication regarding the number of children in the custody of
the division who have a permanency goal of adoption and who are eligible for adoption, and promote
adoption of those children; and
(19) perform such other duties and functions as required by law.
Section 8. Section 62A-7-101 is amended to read:
62A-7-101. Definitions.
As used in this chapter:
(1) "Authority" means the Youth Parole Authority, established in accordance with Section
62A-7-109.
(2) "Board" means the Board of Youth Corrections established in accordance with Section
62A-1-105.
(3) "Community-based program" means a nonsecure residential or nonresidential program
designated to supervise and rehabilitate youth offenders in the least restrictive setting, consistent
with public safety, and designated or operated by or under contract with the division.
(4) "Court" means the juvenile court.
(5) "Delinquent act" is an act which would constitute a felony or a misdemeanor if
committed by an adult.
(6) "Detention" means secure detention or home detention.
(7) "Detention center" means a facility established in accordance with Part 2 of this chapter.
(8) "Director" means the director of the Division of Youth Corrections.
(9) "Discharge" means a written order of the division that removes a youth offender from
its jurisdiction.
(10) "Division" means the Division of Youth Corrections.
(11) "Guidelines" means the written statewide rules for admission to secure detention and
home detention promulgated by the division in accordance with Sections 63-46a-4 and 63-46a-6.
(12) "Home detention" means predispositional placement of a child in the child's home or
a surrogate home with the consent of the child's parent, guardian, or custodian for conduct by a child
who is alleged to have committed a delinquent act or postdispositional placement pursuant to
Subsection [
(13) "Observation and assessment program" means a service program operated or purchased
by the division, that is responsible for temporary custody of youth offenders for observation.
(14) "Parole" means a conditional release of a youth offender from residency in a secure
facility to live outside that facility under the supervision of the Division of Youth Corrections or
other person designated by the division.
(15) "Rescission" means a written order of the Youth Parole Authority that rescinds a parole
date.
(16) "Revocation of parole" means a written order of the Youth Parole Authority that
terminates parole supervision of a youth offender and directs return of the youth offender to the
custody of a secure facility because of a violation of the conditions of parole.
(17) "Secure detention" means predisposition placement in a facility operated by or under
contract with the division, for conduct by a child who is alleged to have committed a delinquent act.
(18) "Secure facility" means any facility operated by or under contract with the division, that
provides 24-hour supervision and confinement for youth offenders committed to the division for
custody and rehabilitation.
(19) "Shelter" means the temporary care of children in physically unrestricted facilities
pending court disposition or transfer to another jurisdiction.
(20) "Termination" means a written order of the Youth Parole Authority that terminates a
youth offender from parole.
(21) "Work program" means a public or private service work project established and
administered by the division for youth offenders for the purpose of rehabilitation, education, and
restitution to victims.
(22) "Youth offender" means a person over 12 years of age and under 21 years of age,
committed or admitted by the juvenile court to the custody, care, and jurisdiction of the division, for
confinement in a secure facility or supervision in the community, following adjudication for a
delinquent act which would constitute a felony or misdemeanor if committed by an adult.
Section 9. Section 62A-7-102 is amended to read:
62A-7-102. Creation of division -- Jurisdiction.
There is created the Division of Youth Corrections within the department, under the
administration and supervision of the executive director, and under the policy direction of the board.
The division has jurisdiction over all youth committed to it pursuant to Section [
78-3a-118.
Section 10. Section 62A-7-104 is amended to read:
62A-7-104. Division responsibilities.
(1) The division is responsible for all youth offenders committed to it by juvenile courts for
secure confinement or supervision and treatment in the community.
(2) The division shall establish and maintain all detention and secure facilities and set
minimum standards for those facilities.
(3) (a) The division shall, in accordance with Title 63, Chapter 46a, Utah Administrative
Rulemaking Act, promulgate written statewide rules as guidelines for admission to secure detention
and home detention.
(b) The division shall implement those rules as guidelines and provide training regarding
the implementation of those guidelines to law enforcement agencies, division employees, juvenile
court employees, and to other affected agencies and individuals upon their request.
(4) The division shall establish and administer a continuum of community, secure, and
nonsecure programs for all youth offenders committed to the division.
(5) The division shall place youth offenders committed to it in the most appropriate program
for supervision and treatment.
(6) The division shall establish and maintain all secure residential facilities.
(7) In any order committing a youth offender to the division, the juvenile court shall specify
whether the youth offender is being committed for secure confinement or placement in a
community-based program. The division shall place the youth offender in the most appropriate
program within the category specified by the court.
(8) The division shall employ staff necessary to supervise youth offenders in detention
facilities or on parole, and to supervise and coordinate treatment of youth offenders committed to
the division for placement in community-based programs.
(9) The division shall establish observation and assessment programs necessary to serve
youth offenders committed by the juvenile court for short-term observation under Subsection
[
separate and distinct from secure facilities for youth offenders.
(10) The director of the division shall appoint regional administrators within the various
juvenile court districts. Regional administrators shall administer community-based programs and
secure facilities, and shall have experience in corrections, behavioral sciences, law, criminology, or
related fields, and in administration.
(11) The division shall establish and operate work programs designed to place youth
offenders in public or private service work projects for the purpose of rehabilitation, education, and
restitution to victims.
(12) The division may establish and operate work programs for youth offenders committed
to the division by the juvenile court. The work program shall:
(a) provide labor to help in the operation, repair, and maintenance of public facilities, parks,
highways, and other programs designated by the division;
(b) provide educational and prevocational programs in cooperation with the State Board of
Education for youth offenders placed in the program; and
(c) provide counseling to youth offenders.
(13) The division shall establish minimum standards for the operation of all private
residential and nonresidential rehabilitation facilities which provide services to juveniles who have
committed a delinquent act, in this state or in any other state.
(14) In accordance with policies established by the board, the division shall provide regular
training for staff of secure facilities, detention staff, case management staff, and staff of the
community-based programs.
Section 11. Section 62A-7-201 is amended to read:
62A-7-201. Confinement -- Facilities -- Restrictions.
(1) Children under 18 years of age, who are apprehended by any officer or brought before
any court for examination under any provision of state law, may not be confined in jails, lockups,
or cells used for ordinary criminals or persons charged with crime, or in secure postadjudication
correctional facilities operated by the division, except as provided by specific statute and in
conformance with approved standards.
(2) (a) Children charged by information or indictment with crimes as a serious youth
offender under Section 78-3a-602 or certified to stand trial as an adult pursuant to Section 78-3a-603
may be detained in a jail or other place of detention used for adults.
(b) Children detained in adult facilities under Section 78-3a-602 or 78-3a-603 prior to a
hearing before a magistrate, or under Subsection [
certified juvenile detention accommodations in accordance with rules promulgated by the division.
Those rules shall include standards for acceptable sight and sound separation from adult inmates.
The division certifies facilities that are in compliance with the division's standards.
(3) In areas of low density population, the division may, by rule, approve juvenile holding
accommodations within adult facilities that have acceptable sight and sound separation. Those
facilities shall be used only for short-term holding purposes, with a maximum confinement of six
hours, for children alleged to have committed an act which would be a criminal offense if committed
by an adult. Acceptable short-term holding purposes are: identification, notification of juvenile court
officials, processing, and allowance of adequate time for evaluation of needs and circumstances
regarding release or transfer to a shelter or detention facility.
(4) Children who are alleged to have committed an act which would be a criminal offense
if committed by an adult, may be detained in holding rooms in local law enforcement agency
facilities for a maximum of two hours, for identification or interrogation, or while awaiting release
to a parent or other responsible adult. Those rooms shall be certified by the division, according to
the division's rules. Those rules shall include provisions for constant supervision and for sight and
sound separation from adult inmates.
(5) Willful failure to comply with any of the provisions of this section is a class B
misdemeanor.
(6) The division is responsible for the custody and detention of children under 18 years of
age who require detention care prior to trial or examination, or while awaiting assignment to a home
or facility, as a dispositional placement under Subsection [
78-3a-901(3)(a), and of youth offenders under Subsection 62A-7-112(8). The division shall provide
standards for custody or detention under Subsections (2)(b), (3), and (4), and shall determine and set
standards for conditions of care and confinement of children in detention facilities. All other custody
or detention shall be provided by the division, or by contract with a public or private agency willing
to undertake temporary custody or detention upon agreed terms, or in suitable premises distinct and
separate from the general jails, lockups, or cells used in law enforcement and corrections systems.
(7) A child who willfully and intentionally damages a jail or other place of confinement as
provided in Section 76-8-418, including a detention, shelter, or secure confinement facility, operated
by the Division of Youth Corrections, commits an act which would be a third degree felony if
committed by an adult.
Section 12. Section 62A-8-204 is amended to read:
62A-8-204. Court order to attend substance abuse school -- Assessments.
(1) In addition to any other disposition ordered by the juvenile court pursuant to Section
[
teen substance abuse school, and order payment of an assessment in addition to any other fine
imposed.
(2) All assessments collected shall be forwarded to the county treasurer of the county where
the juvenile resides, to be used exclusively for the operation of a teen substance abuse program.
Section 13. Section 62A-12-229 is amended to read:
62A-12-229. Release from commitment.
(1) A local mental health authority or its designee shall release from commitment any person
who, in the opinion of the local mental health authority or its designee, has recovered or no longer
meets the criteria specified in Section 62A-12-234.
(2) A local mental health authority or its designee may release from commitment any patient
whose commitment is determined to be no longer advisable except as provided by Section
[
required to meet the patient's needs upon release will be provided.
(3) When a patient has been committed to a local mental health authority by judicial process,
the local mental health authority shall follow the procedures described in Sections 62A-12-240 and
62A-12-241.
Section 14. Section 62A-12-282.1 is amended to read:
62A-12-282.1. Residential and inpatient settings -- Commitment proceeding -- Child
in physical custody of local mental health authority.
(1) A child may receive services from a local mental health authority in an inpatient or
residential setting only after a commitment proceeding, for the purpose of transferring physical
custody, has been conducted in accordance with the requirements of this section.
(2) That commitment proceeding shall be initiated by a petition for commitment, and shall
be a careful, diagnostic inquiry, conducted by a neutral and detached fact finder, pursuant to the
procedures and requirements of this section. If the findings described in Subsection (4) exist, the
proceeding shall result in the transfer of physical custody to the appropriate local mental health
authority, and the child may be placed in an inpatient or residential setting.
(3) The neutral and detached fact finder who conducts the inquiry:
(a) shall be a designated examiner, as defined in Subsection 62A-12-202(3); and
(b) may not profit, financially or otherwise, from the commitment or physical placement of
the child in that setting.
(4) Upon determination by the fact finder that the following circumstances clearly exist, he
may order that the child be committed to the physical custody of a local mental health authority:
(a) the child has a mental illness, as defined in Subsection 62A-12-202(8);
(b) the child demonstrates a risk of harm to himself or others;
(c ) the child is experiencing significant impairment in his ability to perform socially;
(d) the child will benefit from care and treatment by the local mental health authority; and
(e) there is no appropriate less-restrictive alternative.
(5) (a) The commitment proceeding before the neutral and detached fact finder shall be
conducted in as informal manner as possible, and in a physical setting that is not likely to have a
harmful effect on the child.
(b) The child, the child's parent or legal guardian, the person who submitted the petition for
commitment, and a representative of the appropriate local mental health authority shall all receive
informal notice of the date and time of the proceeding. Those parties shall also be afforded an
opportunity to appear and to address the petition for commitment.
(c) The neutral and detached fact finder may, in his discretion, receive the testimony of any
other person.
(d) The fact finder may allow the child to waive his right to be present at the commitment
proceeding, for good cause shown. If that right is waived, the purpose of the waiver shall be made
a matter of record at the proceeding.
(e) At the time of the commitment proceeding, the appropriate local mental health authority,
its designee, or the psychiatrist who has been in charge of the child's care prior to the commitment
proceeding, shall provide the neutral and detached fact finder with the following information, as it
relates to the period of current admission:
(i) the petition for commitment;
(ii) the admission notes;
(iii) the child's diagnosis;
(iv) physicians' orders;
(v) progress notes;
(vi) nursing notes; and
(vii) medication records.
(f) The information described in Subsection (e) shall also be provided to the child's parent
or legal guardian upon written request.
(g) (i) The neutral and detached fact finder's decision of commitment shall state the duration
of the commitment. Any commitment to the physical custody of a local mental health authority may
not exceed 180 days. Prior to expiration of the commitment, and if further commitment is sought,
a hearing shall be conducted in the same manner as the initial commitment proceeding, in
accordance with the requirements of this section.
(ii) When a decision for commitment is made, the neutral and detached fact finder shall
inform the child and his parent or legal guardian of that decision, and of the reasons for ordering
commitment at the conclusion of the hearing, and also in writing.
(iii) The neutral and detached fact finder shall state in writing the basis of his decision, with
specific reference to each of the criteria described in Subsection (4), as a matter of record.
(6) Absent the procedures and findings required by this section, a child may be temporarily
committed to the physical custody of a local mental health authority only in accordance with the
emergency procedures described in Subsection 62A-12-232(1) or (2). A child temporarily
committed in accordance with those emergency procedures may be held for a maximum of 72 hours,
excluding Saturdays, Sundays, and legal holidays. At the expiration of that time period, the child
shall be released unless the procedures and findings required by this section have been satisfied.
(7) A local mental health authority shall have physical custody of each child committed to
it under this section. The parent or legal guardian of a child committed to the physical custody of
a local mental health authority under this section, retains legal custody of the child, unless legal
custody has been otherwise modified by a court of competent jurisdiction. In cases when the
Division of Family Services or the Division of Youth Corrections has legal custody of a child, that
division shall retain legal custody for purposes of this part.
(8) The cost of caring for and maintaining a child in the physical custody of a local mental
health authority shall be assessed to and paid by the child's parents, according to their ability to pay.
For purposes of this section, the Division of Family Services or the Division of Youth Corrections
shall be financially responsible, in addition to the child's parents, if the child is in the legal custody
of either of those divisions at the time the child is committed to the physical custody of a local
mental health authority under this section, unless Medicaid regulation or contract provisions specify
otherwise. The Office of Recovery Services shall assist those divisions in collecting the costs
assessed pursuant to this section.
(9) Whenever application is made for commitment of a minor to a local mental health
authority under any provision of this section by a person other than the child's parent or guardian,
the local mental health authority or its designee shall notify the child's parent or guardian. The
parents shall be provided sufficient time to prepare and appear at any scheduled proceeding.
(10) (a) Each child committed pursuant to this section is entitled to an appeal within 30 days
after any order for commitment. The appeal may be brought on the child's own petition, or that of
his parent or legal guardian, to the juvenile court in the district where the child resides or is currently
physically located. With regard to a child in the custody of the Division of Family Services or the
Division of Youth Corrections, the attorney general's office shall handle the appeal, otherwise the
appropriate county attorney's office is responsible for appeals brought pursuant to this subsection.
(b) Upon receipt of the petition for appeal, the court shall appoint a designated examiner
previously unrelated to the case, to conduct an examination of the child in accordance with the
criteria described in Subsection (4), and file a written report with the court. The court shall then
conduct an appeal hearing to determine whether the findings described in Subsection (4) exist by
clear and convincing evidence.
(c) Prior to the time of the appeal hearing, the appropriate local mental health authority, its
designee, or the mental health professional who has been in charge of the child's care prior to
commitment, shall provide the court and the designated examiner for the appeal hearing with the
following information, as it relates to the period of current admission:
(i) the original petition for commitment;
(ii) admission notes;
(iii) diagnosis;
(iv) physicians' orders;
(v) progress notes;
(vi) nursing notes; and
(vii) medication records.
(d) Both the neutral and detached fact finder and the designated examiner appointed for the
appeal hearing shall be provided with an opportunity to review the most current information
described in Subsection (c) prior to the appeal hearing.
(e) The child, his parent or legal guardian, the person who submitted the original petition
for commitment, and a representative of the appropriate local mental health authority shall be
notified by the court of the date and time of the appeal hearing. Those persons shall be afforded an
opportunity to appear at the hearing. In reaching its decision, the court shall review the record and
findings of the neutral and detached fact finder, the report of the designated examiner appointed
pursuant to Subsection (b), and may, in its discretion, allow or require the testimony of the neutral
and detached fact finder, the designated examiner, the child, the child's parent or legal guardian, the
person who brought the initial petition for commitment, or any other person whose testimony the
court deems relevant. The court may allow the child to waive his right to appear at the appeal
hearing, for good cause shown. If that waiver is granted, the purpose shall be made a part of the
court's record.
(11) Each local mental health authority has an affirmative duty to conduct periodic
evaluations of the mental health and treatment progress of every child committed to its physical
custody under this section, and to release any child who has sufficiently improved so that the criteria
justifying commitment no longer exist.
(12) (a) A local mental health authority or its designee, in conjunction with the child's
current treating mental health professional may release an improved child to a less restrictive
environment, as they determine appropriate. Whenever the local mental health authority or its
designee, and the child's current treating mental health professional, determine that the conditions
justifying commitment no longer exist, the child shall be discharged and released to his parent or
legal guardian. With regard to a child who is in the physical custody of the State Hospital, the
treating psychiatrist or clinical director of the State Hospital shall be the child's current treating
mental health professional.
(b) A local mental health authority or its designee, in conjunction with the child's current
treating mental health professional, is authorized to issue a written order for the immediate
placement of a child not previously released from an order of commitment into a more restrictive
environment, if the local authority or its designee and the child's current treating mental health
professional has reason to believe that the less restrictive environment in which the child has been
placed is exacerbating his mental illness, or increasing the risk of harm to himself or others.
(c) The written order described in Subsection (b) shall include the reasons for placement in
a more restrictive environment and shall authorize any peace officer to take the child into physical
custody and transport him to a facility designated by the appropriate local mental health authority
in conjunction with the child's current treating mental health professional. Prior to admission to the
more restrictive environment, copies of the order shall be personally delivered to the child, his parent
or legal guardian, the administrator of the more restrictive environment, or his designee, and the
child's former treatment provider or facility.
(d) If the child has been in a less restrictive environment for more than 30 days and is
aggrieved by the change to a more restrictive environment, the child or his representative may
request a review within 30 days of the change, by a neutral and detached fact finder as described in
Subsection (3). The fact finder shall determine whether:
(i) the less restrictive environment in which the child has been placed is exacerbating his
mental illness, or increasing the risk of harm to himself or others; or
(ii) the less restrictive environment in which the child has been placed is not exacerbating
his mental illness, or increasing the risk of harm to himself or others, in which case the fact finder
shall designate that the child remain in the less restrictive environment.
(e) Nothing in this section prevents a local mental health authority or its designee, in
conjunction with the child's current mental health professional, from discharging a child from
commitment or from placing a child in an environment that is less restrictive than that designated
by the neutral and detached fact finder.
(13) Each local mental health authority or its designee, in conjunction with the child's current
treating mental health professional shall discharge any child who, in the opinion of that local
authority, or its designee, and the child's current treating mental health professional, no longer meets
the criteria specified in Subsection (4), except as provided by Section [
local authority and the mental health professional shall assure that any further supportive services
required to meet the child's needs upon release will be provided.
(14) Even though a child has been committed to the physical custody of a local mental health
authority pursuant to this section, the child is still entitled to additional due process proceedings, in
accordance with Section 62A-12-283.1, before any treatment which may affect a constitutionally
protected liberty or privacy interest is administered. Those treatments include, but are not limited
to, antipsychotic medication, electroshock therapy, and psychosurgery.
Section 15. Section 63-63a-5 is amended to read:
63-63a-5. Substance Abuse Prevention Account established -- Funding -- Uses.
(1) There is created a restricted account within the General Fund known as the Substance
Abuse Prevention Account.
(2) (a) The Division of Finance shall allocate to the Substance Abuse Prevention Account
from the collected surcharge established in Section 63-63a-1:
(i) 2.5% for the juvenile court, but not to exceed the amount appropriated by the Legislature;
and
(ii) 2.5% for the State Office of Education, but not to exceed the amount appropriated by the
Legislature.
(b) The juvenile court shall use the allocation to pay for programs required by Subsection
[
(c) The State Office of Education shall use the allocation in public school programs for:
(i) substance abuse prevention and education;
(ii) substance abuse prevention training for teachers and administrators; and
(iii) district and school programs to supplement, not supplant, existing local prevention
efforts in cooperation with local substance abuse authorities.
Section 16. Section 63-63a-8 is amended to read:
63-63a-8. Children's Legal Defense Account.
(1) There is created a restricted account within the General Fund known as the Children's
Legal Defense Account.
(2) The purpose of the Children's Legal Defense Account is to provide for programs that
protect and defend the rights, safety, and quality of life of children.
(3) The Legislature shall appropriate money from the account for the administrative and
related costs of the following programs:
(a) implementing the Mandatory Educational Course on Children's Needs for Divorcing
Parents relating to the effects of divorce on children as provided in Sections 30-3-4, 30-3-7,
30-3-10.3, 30-3-11.3, 30-3-15.3, and 30-3-18, and the Mediation Pilot Program - Child Custody or
Visitation as provided in Sections 30-3-15.3, 30-3-18, and 30-3-19 through 30-3-31;
(b) implementing the use of guardians ad litem as provided in Sections 30-3-5.2, 78-3a-318,
78-3a-912, [
provided in Section 78-3a-912; and termination of parental rights as provided in Sections
[
Termination of Parental Rights Act. This account may not be used to supplant funding for the
guardian ad litem program in the juvenile court as provided in Section 78-3a-912;
(c) requiring community service for violation of visitation orders or failure to pay child
support as provided in Section 78-32-12.1;
(d) enforcing and administering the pilot program as provided in Section 78-32-12.3
establishing the sanctions for substantial noncompliance with visitation orders as provided in Section
78-32-12.2; and
(e) implementing and administering the Child Visitation Pilot Program as provided in
Section 30-3-38.
(4) The following withheld fees shall be allocated only to the Children's Legal Defense
Account and used only for the purposes provided in Subsections (3)(a) through (c):
(a) the additional $10 fee withheld on every marriage license issued in the state of Utah as
provided in Section 17-5-214; and
(b) a fee of $2 shall be withheld from the existing civil filing fee collected on any complaint,
affidavit, or petition in a civil, probate, or adoption matter in every court of record.
(5) The Division of Finance shall allocate the monies described in Subsection (4) from the
General Fund to the Children's Legal Defense Account.
(6) Any funds in excess of $200,000 remaining in the restricted account as of June 30 of any
fiscal year shall lapse into the General Fund.
Section 17. Section 76-9-701 is amended to read:
76-9-701. Intoxication -- Release of arrested person or placement in detoxification
center.
(1) A person is guilty of intoxication if he is under the influence of alcohol, a controlled
substance, or any substance having the property of releasing toxic vapors, to a degree that the person
may endanger himself or another, in a public place or in a private place where he unreasonably
disturbs other persons.
(2) A peace officer or a magistrate may release from custody an individual arrested under
this section if he believes imprisonment is unnecessary for the protection of the individual or
another; or a peace officer may take the arrested person to a detoxification center or other special
facility as an alternative to incarceration or release from custody.
(3) When a person who is at least 13 years old, but younger than 18 years old, is found by
the court to have violated this section, the provisions regarding suspension of the driver's license
under Section [
(4) When the court has issued an order suspending a person's driving privileges for a
violation of this section, the person's driver license shall be suspended under Section 53-3-219.
(5) An offense under this section is a class C misdemeanor.
Section 18. Section 77-38-5 is amended to read:
77-38-5. Application to felonies of the declaration of the rights of crime victims.
The provisions of this chapter shall apply to all felonies filed in the courts of the state and
to cases in the juvenile court as provided in Section [
Section 19. 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 has suffered or been
threatened with nonaccidental physical or mental harm, negligent treatment, sexual exploitation, or
who 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 [
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) "Legal custody" means a relationship embodying the following rights and duties:
(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.
(o) "Minor" means a person under the age of 18 years. It includes the term "child" as used
in other parts of this chapter.
(p) "Natural parent" means a minor's biological or adoptive parent, and includes the minor's
noncustodial parent.
(q) (i) "Neglected child" means a minor:
(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 (q)(i)(C), 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.
(r) "Nonjudicial adjustment" means closure of the case by the assigned probation officer
without judicial determination upon the consent in writing of the minor, the parent, legal guardian
or custodian, and the assigned probation officer.
(s) "Probation" means a legal status created by court order following an adjudication on 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.
(t) "Protective supervision" means a legal status created by court order following an
adjudication on the ground of neglect or dependency, whereby the minor is permitted to remain in
his home, and supervision and assistance to correct the neglect or dependency is provided by the
probation department or other agency designated by the court.
(u) "Residual parental rights and duties" means those rights and duties remaining with 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.
(v) "Secure facility" means any facility operated by or under contract with the Division of
Youth Corrections, that provides 24-hour supervision and confinement for youth offenders
committed to the division for custody and rehabilitation.
(w) "Shelter" means the temporary care of minors in physically unrestricted facilities
pending court disposition or transfer to another jurisdiction.
(x) "Termination of parental rights" means the permanent elimination of all parental rights
and duties, including residual parental rights and duties, by court order.
(y) "Therapist" means a person employed by a state division or agency for the purpose 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.
(3) In determining whether a minor is neglected or abused, as defined in this section, it may
be presumed that the person having the minor under his direct and exclusive care and control at the
time of the abuse is responsible for the neglect or abuse.
Section 20. 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 abused, neglected, or dependent, as those terms are defined in Section
78-3a-103;
(d) 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;
(e) 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;
(f) the treatment or commitment of a mentally retarded minor;
(g) a minor who, in defiance of earnest and persistent efforts on the part of his parents and
school authorities as required under Section 53A-11-103, is a habitual truant from school;
(h) 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;
(i) 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;
(j) a minor under Title 55, Chapter 12, Interstate Compact on Juveniles;
(k) 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
(l) 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 [
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-1311, unauthorized control over a motor vehicle, trailer, or semitrailer;
(e) Section 41-1a-1314, unauthorized control over a motor vehicle, trailer, or semitrailer for
an extended period of time; and
(f) 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.
(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 21. Section 78-3a-105 is amended to read:
78-3a-105. Concurrent jurisdiction.
(1) The district court or other court [
jurisdiction with the juvenile court:
(a) when a person 18 years of age or older who is under the continuing jurisdiction of the
juvenile court under Section [
municipal ordinance;
(b) in adoption proceedings where the juvenile court has previously entered an order
terminating the rights of a parent and [
minor. Adoption proceedings under this section shall follow the procedure in Title 78, Chapter 30,
Adoption.
(2) The juvenile court has jurisdiction over petitions to modify a minor's birth certificate
if the court otherwise has jurisdiction over the minor.
(3) (a) This section does not deprive the district court of jurisdiction to appoint a guardian
for a minor, or to determine the support, custody, and visitation of a minor upon writ of habeas
corpus or when the question of support, custody, and visitation is incidental to the determination of
a cause in the district court.
(b) However, if a petition involving the same minor is pending in the juvenile court or the
juvenile court has previously acquired continuing jurisdiction over the same minor, the district court
[
determination.
(4) A district court may at any time decline to pass upon a question of support, custody, and
visitation and may certify those questions to the juvenile court.
(5) When a question is certified to the juvenile court under Subsection (3) or (4), the findings
and order of the juvenile court judge are the order of the district court.
(6) (a) Where a support, custody, or visitation award has been made in a district court in a
divorce action or other proceeding and the jurisdiction of the district court in the case is continuing,
the juvenile court may acquire jurisdiction in a case involving the same minor if the minor is
dependent, abused, or neglected or otherwise comes within the jurisdiction of the juvenile court
under Section 78-3a-104.
(b) The juvenile court may by order change the custody, support, and visitation rights
previously ordered in the district court as necessary to implement the order of the juvenile court for
the safety and welfare of the minor. The juvenile court order remains in effect so long as the
jurisdiction of the juvenile court continues.
(7) Upon the filing of a copy of the findings and order of the juvenile court with the district
court, the findings and order of the juvenile court are binding on the parties to the divorce action as
though entered in the district court.
Section 22. Section 78-3a-106 is amended to read:
78-3a-106. Search warrants and subpoenas -- Authority to issue -- Authority to search
for child.
(1) The court shall have authority to issue search warrants, subpoenas or investigative
subpoenas in criminal cases, delinquency, and neglect proceedings for the same purposes, in the
same manner and pursuant to the same procedures as set forth in the code of criminal procedure for
the issuance of search warrants, subpoenas or investigative subpoenas in other trial courts in the
state.
(2) If it appears to the court upon an affidavit sworn to by a peace officer or any other
person, and upon the examination of other witnesses if required by the judge, that there is probable
cause to believe that a child is being detained, ill-treated or harbored against the desires of his parent,
guardian, or custodian in any place within the jurisdiction of the court, the court may issue a warrant
authorizing a peace officer to search for the child. The officer making the search may enter a house
or premises by force if necessary, in order to remove the child.
Section 23. Section 78-3a-109 is enacted to read:
78-3a-109. Title of petition and other court documents -- Form and contents of petition
-- Order for temporary custody -- Physical or psychological examination of minor, parent, or
guardian -- Dismissal of petition.
(1) The petition and all subsequent court documents in the proceeding shall be entitled:
"State of Utah, in the interest of ...................., a person under 18 years of age (or a person
under 21 years of age)."
(2) The petition shall be verified and statements in the petition may be made upon
information and belief.
(3) The petition shall be written in simple and brief language and include the facts which
bring the minor within the jurisdiction of the court, as provided in Section 78-3a-104.
(4) The petition shall further state:
(a) the name, age, and residence of the minor;
(b) the names and residences of the minor's parents;
(c) the name and residence of the guardian, if there is one;
(d) the name and address of the nearest known relative, if no parent or guardian is known;
and
(e) the name and residence of the person having physical custody of the minor. If any of the
facts required are not known by the petitioner, the petition shall so state.
(5) At any time after a petition is filed, the court may make an order providing for temporary
custody of the minor.
(6) The court may order that a minor concerning whom a petition has been filed shall be
examined by a physician, surgeon, psychiatrist, or psychologist and may place the minor in a
hospital or other facility for examination. After notice and a hearing set for the specific purpose, the
court may order a similar examination of a parent or guardian whose ability to care for a minor is
at issue, if the court finds from the evidence presented at the hearing that the parent's or guardian's
physical, mental, or emotional condition may be a factor in causing the neglect, dependency, or
delinquency of the minor.
(7) The court may dismiss a petition at any stage of the proceedings.
Section 24. Section 78-3a-110 is enacted to read:
78-3a-110. Summons -- Service and process -- Issuance and contents -- Notice to absent
parent or guardian -- Emergency medical or surgical treatment -- Compulsory process for
attendance of witnesses when authorized.
(1) After a petition is filed the court shall promptly issue a summons, unless the judge directs
that a further investigation is needed. No summons is required as to any person who appears
voluntarily or who files a written waiver of service with the clerk of the court at or prior to the
hearing.
(2) The summons shall contain:
(a) the name of the court;
(b) the title of the proceedings; and
(c) except for a published summons, a brief statement of the substance of the allegations in
the petition.
(3) A published summons shall state:
(a) that a proceeding concerning the minor is pending in the court; and
(b) an adjudication will be made.
(4) The summons shall require the person or persons who have physical custody of the minor
to appear personally and bring the minor before the court at a time and place stated. If the person
or persons summoned are not the parent, parents, or guardian of the minor, the summons shall also
be issued to the parent, parents, or guardian, as the case may be, notifying them of the pendency of
the case and of the time and place set for the hearing.
(5) Summons may be issued requiring the appearance of any other person whose presence
the court finds necessary.
(6) If it appears to the court that the welfare of the minor or of the public requires that the
minor be taken into custody, the court may by endorsement upon the summons direct that the person
serving the summons take the minor into custody at once.
(7) Upon the sworn testimony of one or more reputable physicians, the court may order
emergency medical or surgical treatment that is immediately necessary for a minor concerning whom
a petition has been filed pending the service of summons upon his parents, guardian, or custodian.
(8) A parent or guardian is entitled to the issuance of compulsory process for the attendance
of witnesses on his own behalf or on behalf of the minor. A guardian ad litem or a probation officer
is entitled to compulsory process for the attendance of witnesses on behalf of the minor.
(9) Service of summons and process and proof of service shall be made in the manner
provided in the Utah Rules of Civil Procedure.
(10) Service of summons or process shall be made by the sheriff of the county where the
service is to be made, or by his deputy; but upon request of the court service shall be made by any
other peace officer, or by another suitable person selected by the court.
(11) Service of summons in the state shall be made personally, by delivering a copy to the
person summoned; provided, however, that parents of a minor living together at their usual place of
abode may both be served by personal delivery to either parent of copies of the summons, one copy
for each parent.
(12) If the judge makes a written finding that he has reason to believe that personal service
of the summons will be unsuccessful, or will not accomplish notification within a reasonable time
after issuance of the summons, he may order service by registered mail, with a return receipt to be
signed by the addressee only, to be addressed to the last-known address of the person to be served
in the state. Service shall be complete upon return to the court of the signed receipt.
(13) If the parents, parent, or guardian required to be summoned under Subsection (4) cannot
be found within the state, the fact of their minor's presence within the state shall confer jurisdiction
on the court in proceedings in minor's cases under this chapter as to any absent parent or guardian,
provided that due notice has been given in the following manner:
(a) If the address of the parent or guardian is known, due notice is given by sending him a
copy of the summons by registered mail with a return receipt to be signed by the addressee only, or
by personal service outside the state, as provided in the Utah Rules of Civil Procedure. Service by
registered mail shall be complete upon return to the court of the signed receipt.
(b) If the address or whereabouts of the parent or guardian outside the state cannot after
diligent inquiry be ascertained, due notice is given by publishing a summons in a newspaper having
general circulation in the county in which the proceeding is pending. The summons shall be
published once a week for four successive weeks. Service shall be complete on the day of the last
publication.
(c) Service of summons as provided in this subsection shall vest the court with jurisdiction
over the parent or guardian served in the same manner and to the same extent as if the person served
was served personally within the state.
(14) In the case of service in the state, service completed not less than 48 hours before the
time set in the summons for the appearance of the person served, shall be sufficient to confer
jurisdiction. In the case of service outside the state, service completed not less than five days before
the time set in the summons for appearance of the person served, shall be sufficient to confer
jurisdiction.
(15) Computation of periods of time under this chapter shall be made in accordance with the
Utah Rules of Civil Procedure.
Section 25. Section 78-3a-111 is enacted to read:
78-3a-111. Venue -- Transfer or certification to other districts -- Dismissal without
adjudication on merits.
(1) Proceedings in minor's cases shall be commenced in the court of the district in which the
minor is living or is found, or in which an alleged violation of law or ordinance occurred.
(2) After the filing of a petition, the court may transfer the case to the district where the
minor resides or to the district where the violation of law or ordinance is alleged to have occurred.
The court may, in its discretion, after adjudication certify the case for disposition to the court of the
district in which the minor resides.
(3) The transferring or certifying court shall transmit all documents and legal and social
records, or certified copies to the receiving court, and the receiving court shall proceed with the case
as if the petition had been originally filed or the adjudication had been originally made in that court.
(4) The dismissal of a petition in one district where the dismissal is without prejudice and
where there has been no adjudication upon the merits shall not preclude refiling within the same
district or another district where there is venue of the case.
Section 26. Section 78-3a-112, which is renumbered from Section 78-3a-507 is renumbered
and amended to read:
[
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 be
proceeded against for contempt of court, and the court may cause a bench warrant to issue to produce
the person in court.
(2) In all cases when a minor is required to appear in court, the parents, guardian, or other
person with legal custody of the minor shall appear with the minor unless excused by the judge.
(a) An employee may request permission to leave the workplace for the purpose of attending
court if the employee has been notified by the juvenile court that his minor is required to appear
before the court.
(b) An employer must grant permission to leave the workplace with or without pay if the
employee has requested permission at least seven days in advance or within 24 hours of the
employee receiving notice of the hearing.
(3) If a parent or other person who signed a written promise to appear and bring the minor
to court under Section [
the minor to court on the date set in the promise, or, if the date was to be set, after notification by
the court, a warrant may be issued for the apprehension of that person or the minor, or both.
(4) Willful failure to perform the promise is a misdemeanor if, at the time of the execution
of the promise, the promisor is given a copy of the promise which clearly states that failure to appear
and have the minor appear as promised is a misdemeanor. The juvenile court shall have jurisdiction
to proceed against the promisor in adult proceedings pursuant to Part 8, Adult Offenses.
(5) The court shall endeavor, through use of the warrant of arrest if necessary, as provided
in Subsection (6), or by other means, to ensure the presence at all hearings of one or both parents or
of the guardian of the minor. If neither a parent nor guardian is present at the court proceedings, the
court may appoint a guardian ad litem to protect the interest of the minor. A guardian ad litem may
also be appointed whenever necessary for the welfare of the minor, whether or not a parent or
guardian is present.
(6) A warrant may be issued for the parent, the guardian, the custodian, or the 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 the summons;
(c) serving the summons will be ineffectual; or
(d) the welfare of the minor requires that he be brought immediately into the custody of the
court.
Section 27. Section 78-3a-113, which is renumbered from Section 78-3a-508 is renumbered
and amended to read:
[
citizen, or probation officer -- Grounds -- Notice requirements -- Release or detention --
Grounds for peace officer to take adult into custody.
(1) A minor may be taken into custody by a peace officer without order of the court if:
(a) in the presence of the officer the minor has violated a state law, federal law, local law,
or municipal ordinance;
(b) there are reasonable grounds to believe the minor has committed an act which if
committed by an adult would be a felony;
(c) the minor is seriously endangered in his surroundings or if the minor seriously endangers
others, and immediate removal appears to be necessary for his protection or the protection of others;
(d) there are reasonable grounds to believe the minor has run away or escaped from his
parents, guardian, or custodian; or
(e) there is reason to believe the minor is subject to the state's compulsory education law and
that the minor is absent from school without legitimate or valid excuse, subject to Section
53A-11-105.
(2) (a) A private citizen or a probation officer may take a minor into custody if under the
circumstances he could make a citizen's arrest if the minor was an adult.
(b) A probation officer may also take a minor into custody under Subsection (1) or if the
minor has violated the conditions of probation, if the minor is under the continuing jurisdiction of
the juvenile court or in emergency situations in which a peace officer is not immediately available.
(3) (a) If an officer or other person takes a minor into temporary custody, he shall without
unnecessary delay notify the parents, guardian, or custodian. The minor shall then be released to the
care of his parent or other responsible adult, unless his immediate welfare or the protection of the
community requires his detention.
(b) Before the minor is released, the parent or other person to whom the minor is released
shall be required to sign a written promise on forms supplied by the court to bring the minor to the
court at a time set or to be set by the court.
(4) (a) A minor may not be held in temporary custody by law enforcement any longer than
is reasonably necessary to obtain his name, age, residence, and other necessary information and to
contact his parents, guardian, or custodian.
(b) If the minor is not released under Subsection (3), he shall be taken to a place of detention
or shelter without unnecessary delay.
(5) (a) The person who takes a minor to a detention or shelter facility shall promptly file with
the detention or shelter facility a written report on a form provided by the division stating the details
of the presently alleged offense, the facts which bring the minor within the jurisdiction of the
juvenile court, and the reason the minor was not released by law enforcement.
(b) (i) The designated youth corrections facility staff person shall immediately review the
form and determine, based on the guidelines for detention admissions established by the Division
of Youth Corrections under Sections 62A-7-104 and 62A-7-205, whether to admit the minor to
secure detention, admit the minor to home detention, place the minor in a placement other than
detention, or return the minor home upon written promise to bring the minor to the court at a time
set, or without restriction.
(ii) If the designated youth corrections facility staff person determines to admit the minor
to home detention, that staff person shall notify the juvenile court of that determination. The court
shall order that notice be provided to the designated persons in the local law enforcement agency and
the school or transferee school, if applicable, which the minor attends of the home detention. The
designated persons may receive the information for purposes of the minor's supervision and student
safety.
(iii) Any employee of the local law enforcement agency and the school which the minor
attends who discloses the notification of home detention is not:
(A) civilly liable except when disclosure constitutes fraud or malice as provided in Section
63-30-4; and
(B) civilly or criminally liable except when disclosure constitutes a knowing violation of
Section 63-2-801.
(c) A minor may not be admitted to detention unless the minor is detainable based on the
guidelines or the minor has been brought to detention pursuant to a judicial order or division warrant
pursuant to Subsection 62A-7-112(8).
(d) If a minor taken to detention does not qualify for admission under the guidelines
established by the division under Sections 62A-7-104 and 62A-7-205, detention staff shall arrange
appropriate placement.
(e) If a minor is taken into custody and admitted to a secure detention or shelter facility,
facility staff shall immediately notify the minor's parents, guardian, or custodian and shall promptly
notify the court of the placement.
(f) If the minor is admitted to a secure detention or shelter facility outside the county of his
residence and it is determined in the hearing held under Subsection [
detention shall continue, the judge or commissioner shall direct the sheriff of the county of the
minor's residence to transport the minor to a detention or shelter facility as provided in this section.
(6) A person may be taken into custody by a peace officer without a court order if the person
is in apparent violation of a protective order or if there is reason to believe that a minor is being
abused by the person and any of the situations outlined in Section 77-7-2 exist.
Section 28. Section 78-3a-114, which is renumbered from Section 78-3a-509 is renumbered
and amended to read:
[
Grounds -- Detention hearings -- Period of detention -- Notice -- Confinement of minors for
criminal proceedings -- Bail laws inapplicable, exception.
(1) (a) A minor may not be placed or kept in a secure detention facility pending court
proceedings unless it is unsafe for the public to leave the minor with his parents, guardian, or
custodian and the minor is detainable based on guidelines promulgated by the Division of Youth
Corrections.
(b) A minor who must be taken from his home but who does not require physical restriction
shall be given temporary care in a shelter facility and may not be placed in a detention facility.
(c) A minor may not be placed or kept in a shelter facility pending court proceedings unless
it is unsafe for the minor to leave him with his parents, guardian, or custodian.
(2) After admission to a detention facility pursuant to the guidelines established by the
Division of Youth Corrections and immediate investigation by an authorized officer of the court, the
judge or the officer shall order the release of the minor to his parents, guardian, or custodian if it is
found he can be safely returned to their care, either upon written promise to bring the minor to the
court at a time set or without restriction.
(a) If the minor's parent, guardian, or custodian fails to retrieve the minor from a facility
within 24 hours after notification of release, the parent, guardian, or custodian is responsible for the
cost of care for the time the minor remains in the facility.
(b) The facility shall determine the cost of care.
(c) Any money collected under Subsection (2) shall be retained by the Division of Youth
Corrections to recover the cost of care for the time the minor remains in the facility.
(3) (a) When a minor is detained in a detention or shelter facility, the parents or guardian
shall be informed by the person in charge of the facility that they have the right to a prompt hearing
in court to determine whether the minor is to be further detained or released.
(b) Detention hearings shall be held by the judge or by a commissioner.
(c) The court may, at any time, order the release of the minor, whether a detention hearing
is held or not.
(d) If the minor is released, and the minor remains in the facility, because the parents,
guardian, or custodian fails to retrieve the minor, the parents, guardian, or custodian shall be
responsible for the cost of care as provided in Subsections (2)(a), (b), and (c).
(4) (a) A minor may not be held in a detention facility longer than 48 hours prior to a
detention hearing, excluding weekends and holidays, unless the court has entered an order for
continued detention.
(b) A minor may not be held in a shelter facility longer than 48 hours prior to a shelter
hearing, excluding weekends and holidays, unless a court order for extended shelter has been entered
by the court after notice to all parties described in Section 78-3a-306.
(c) A hearing for detention or shelter may not be waived. Detention staff shall provide the
court with all information received from the person who brought the minor to the detention facility.
(d) If the court finds at a detention hearing that it is not safe to release the minor, the judge
or commissioner may order the minor to be held in the facility or be placed in another appropriate
facility, subject to further order of the court.
(e) (i) After a detention hearing has been held, only the court may release a minor from
detention. If a minor remains in a detention facility, periodic reviews shall be held pursuant to the
Utah State Juvenile Court Rules of Practice and Procedure to ensure that continued detention is
necessary.
(ii) If the court orders home detention, it shall direct that notice of its order be provided to
designated persons in the appropriate local law enforcement agency and the school or transferee
school, if applicable, which the minor attends. The designated persons may receive the information
for purposes of the minor's supervision and student safety.
(iii) Any employee of the local law enforcement agency and the school which the minor
attends who discloses the court's order of probation is not:
(A) civilly liable except when the disclosure constitutes fraud or malice as provided in
Section 63-30-4; and
(B) civilly or criminally liable except when disclosure constitutes a knowing violation of
Section 63-2-801.
(5) A minor may not be held in a detention facility, following a dispositional order of the
court for nonsecure substitute care as defined in Section 62A-4a-101, or for community-based
placement under Section 62A-7-101 for longer than 72 hours, excluding weekends and holidays.
The period of detention may be extended by the court for one period of seven calendar days if:
(a) the Division of Youth Corrections or another agency responsible for placement files a
written petition with the court requesting the extension and setting forth good cause; and
(b) the court enters a written finding that it is in the best interests of both the minor and the
community to extend the period of detention.
(6) The agency requesting an extension shall promptly notify the detention facility that a
written petition has been filed.
(7) The court shall promptly notify the detention facility regarding its initial disposition and
any ruling on a petition for an extension, whether granted or denied.
(8) (a) A minor under 16 years of age may not be held in a jail, lockup, or other place for
adult detention except as provided by Section 62A-7-201 or unless certified as an adult pursuant to
Section 78-3a-603. The provisions of Section 62A-7-201 regarding confinement facilities apply to
this subsection.
(b) A minor 16 years of age or older whose conduct or condition endangers the safety or
welfare of others in the detention facility for minors may, by court order that specifies the reasons,
be detained in another place of confinement considered appropriate by the court, including a jail or
other place of confinement for adults. However, a secure youth corrections facility is not an
appropriate place of confinement for detention purposes under this section.
(9) A sheriff, warden, or other official in charge of a jail or other facility for the detention
of adult offenders or persons charged with crime shall immediately notify the juvenile court when
a minor who is or appears to be under 18 years of age is received at the facility and shall make
arrangements for the transfer of the minor to a detention facility, unless otherwise ordered by the
juvenile court.
(10) This section does not apply to a minor who is brought to the adult facility under charges
pursuant to Section 78-3a-602 or by order of the juvenile court to be held for criminal proceedings
in the district court under Section 78-3a-603.
(11) A minor held for criminal proceedings under Section 78-3a-602 or 78-3a-603 may be
detained in a jail or other place of detention used for adults charged with crime.
(12) Provisions of law regarding bail are not applicable to minors detained or taken into
custody under this chapter, except that bail may be allowed:
(a) if a minor who need not be detained lives outside this state; or
(b) when a minor who need not be detained comes within one of the classes in Subsection
78-3a-503(11).
(13) Section 76-8-418 is applicable to a minor who willfully and intentionally commits an
act against a jail or other place of confinement, including a Division of Youth Corrections detention,
shelter, or secure confinement facility which would be a third degree felony if committed by an
adult.
Section 29. Section 78-3a-115, which is renumbered from Section 78-3a-511 is renumbered
and amended to read:
[
admitted -- Minor's cases heard separately from adult cases -- Minor or parents or custodian
heard separately -- Continuance of hearing -- Consolidation of proceedings involving more
than one minor.
(1) (a) Hearings in minor's cases shall be held before the court without a jury and may be
conducted in an informal manner. The court [
those persons who have a direct interest in the case or in the work of the court or who have been
requested by the parent or legal guardian to be present.
(b) The victim of any act charged in a petition or information involving an offense
committed by a minor which if committed by an adult would be a felony shall, upon request, be
afforded all rights afforded victims in Title 77, Chapter 36, Cohabitant Abuse Procedures Act, Title
77, Chapter 37, Victim's Rights, and Title 77, Chapter 38, Rights of Crime Victims Act. The notice
provisions in Section 77-38-3 do not apply to important juvenile justice hearings as defined in
Section 77-38-2.
(c) A victim, upon request to appropriate juvenile court personnel, shall have the right to
inspect and duplicate juvenile court legal records that have not been expunged concerning:
(i) the scheduling of any court hearings on the petition;
(ii) any findings made by the court; and
(iii) any sentence or decree imposed by the court.
(2) Notwithstanding Subsection (1), if a proceeding is conducted on a written petition
charging a minor 16 years of age or older with an offense which if committed by an adult would be
a felony, the court shall admit any person to the proceeding unless closed by the judge upon findings
on the record of good cause.
(3) Minor's cases shall be heard separately from adult cases. The minor or his parents or
custodian may be heard separately when considered necessary by the court. The hearing may be
continued from time to time to a date specified by court order.
(4) When more than one minor is involved in a home situation which may be found to
constitute neglect or dependency, or when more than one minor is alleged to be involved in the same
law violation, the proceedings may be consolidated, except that separate hearings may be held with
respect to disposition.
Section 30. Section 78-3a-116, which is renumbered from Section 78-3a-512 is renumbered
and amended to read:
[
attorney responsibilities -- Attorney general responsibilities -- Admissibility of evidence.
(1) A verbatim record of the proceedings shall be taken by an official court reporter or by
means of a mechanical recording device in all cases that might result in deprivation of custody as
defined in this chapter. In all other cases a verbatim record shall also be made unless dispensed with
by the court.
(2) (a) Except as provided in Subsection (b), the county attorney or, if within a prosecution
district, the district attorney shall represent the state in any proceeding in a minor's case.
(b) The attorney general shall enforce all provisions of Title 62A, Chapter 4a, Family
Services, and Title 78, Chapter 3a, Juvenile Courts, relating to protection or custody of an abused,
neglected, or dependent child, and petitions for termination of parental rights.
(3) The board may adopt special rules of procedure to govern proceedings involving
violations of traffic laws or ordinances, fish and game laws, and boating laws. However, proceedings
involving offenses under Section [
suspension of driving privileges.
(4) For the purpose of determining proper disposition of the minor and for the purpose of
establishing the fact of abuse, neglect, or dependency, written reports and other material relating to
the minor's mental, physical, and social history and condition may be received in evidence and may
be considered by the court along with other evidence. The court may require that the person who
wrote the report or prepared the material appear as a witness if the person is reasonably available.
(5) For the purpose of establishing the fact of abuse, neglect, or dependency, the court may,
in its discretion, consider evidence of statements made by a minor under eight years of age to a
person in a trust relationship.
Section 31. Section 78-3a-117, which is renumbered from Section 78-3a-515 is renumbered
and amended to read:
[
Adjudication of jurisdiction by juvenile court not conviction of crime, exception -- Record and
evidence inadmissible in other proceedings, exception -- Minor not to be charged with crime,
exception -- Traffic violation cases, abstracts to Department of Public Safety.
(1) Except as provided in Sections 78-3a-602 and 78-3a-603, proceedings in minor's cases
shall be regarded as civil proceedings with the court exercising equitable powers.
(2) An adjudication by a juvenile court that a minor is within its jurisdiction under Section
78-3a-104 is not considered a conviction of a crime, except in cases involving traffic violations.
An adjudication may not operate to impose any civil disabilities upon the minor nor to disqualify
the minor for any civil service or military service or appointment.
(3) A minor may not be charged with a crime or convicted in any court except as provided
in Sections 78-3a-602 and 78-3a-603, and in cases involving traffic violations. When a petition has
been filed in the juvenile court, the minor may not later be subjected to criminal prosecution based
on the same facts except as provided in Section 78-3a-602 or 78-3a-603.
(4) Abstracts of court records for all adjudications of traffic violations shall be submitted to
the Department of Public Safety as provided in Section 53-3-218.
(5) Information necessary to collect unpaid fines, fees, assessments, bail, or restitution may
be forwarded to employers, financial institutions, law enforcement, constables, the Office of
Recovery Services, or other agencies for purposes of enforcing the order as provided in Section
[
Section 32. Section 78-3a-118, which is renumbered from Section 78-3a-516 is renumbered
and amended to read:
[
Disposition of cases -- Enumeration of possible court orders -- Considerations of court.
(1) (a) When a minor is found to come within the provisions of Section 78-3a-104, the court
shall so adjudicate. The court shall make a finding of the facts upon which it bases its jurisdiction
over the minor. However, in cases within the provisions of Subsection 78-3a-104(1), findings of fact
are not necessary.
(b) If the court adjudicates a minor for a crime of violence or an offense in violation of Title
76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided to the
school superintendent of the district in which the minor resides or attends school. Notice shall be
made to the district superintendent within three days and shall include the specific offenses for which
the minor was adjudicated.
(2) Upon adjudication the court may make the following dispositions by court order:
(a) (i) The court may place the minor on probation or under protective supervision in his own
home and upon conditions determined by the court, including community service as provided in
Section 78-11-20.7.
(ii) If the court orders probation, the court shall direct that notice of its order be provided to
designated persons in the local law enforcement agency and the school or transferee school, if
applicable, which the minor attends. The designated persons may receive the information for
purposes of the minor's supervision and student safety.
(iii) Any employee of the local law enforcement agency and the school which the minor
attends who discloses the court's order of probation is not:
(A) civilly liable except when the disclosure constitutes fraud or malice as provided in
Section 63-30-4; and
(B) civilly or criminally liable except when the disclosure constitutes a knowing violation
of Section 63-2-801.
(b) The court may place the minor in the legal custody of a relative or other suitable person,
with or without probation or protective supervision, but the juvenile court may not assume the
function of developing foster home services.
(c) The court may vest legal custody of the minor in the Division of Child and Family
Services, Division of Youth Corrections, or the Division of Mental Health, and may order the
Department of Human Services to provide dispositional recommendations and services.
(d) The court may commit the minor to the Division of Youth Corrections for secure
confinement. A minor under the jurisdiction of the court solely on the ground of neglect or
dependency under Subsection 78-3a-104(1)(c) may not be committed to the Division of Youth
Corrections.
(e) The court may commit the minor, subject to the court retaining continuing jurisdiction
over him, to the temporary custody of the Division of Youth Corrections for observation and
evaluation for a period not to exceed 90 days.
(f) (i) The court may commit the minor to the Division of Youth Corrections for a period
not to exceed 30 days subject to the court retaining continuing jurisdiction over him. Notification
of home detention, if applicable under this subsection, shall be provided pursuant to Subsection
[
(ii) Subsection (f) applies only to those minors adjudicated for an act which if committed
by an adult would be a criminal offense. This commitment may be stayed or suspended upon
conditions ordered by the court.
(g) The court may vest legal custody of an abused, neglected, or dependent minor in the
Division of Child and Family Services or any other appropriate person in accordance with the
requirements and procedures of Part 3,Abuse, Neglect, and Dependency Proceedings.
(h) The court may place the minor on a ranch or forestry camp, or similar facility for care
and also for work, if possible, if the person, agency, or association operating the facility has been
approved or has otherwise complied with all applicable state and local laws. A minor placed in a
forestry camp or similar facility may be required to work on fire prevention, forestation and
reforestation, recreational works, forest roads, and on other works on or off the grounds of the
facility and may be paid wages, subject to the approval of and under conditions set by the court.
(i) The court may order that the minor be required to repair, replace, or otherwise make
restitution for damage or loss caused by his wrongful act, including costs of treatment as stated in
Section 78-3a-318, and may impose fines in limited amounts.
(j) The court may issue orders necessary for the collection of restitution and fines ordered
by the court, including garnishments, wage withholdings, and executions.
(k) (i) The court may through its probation department encourage the development of
employment or work programs to enable minors to fulfill their obligations under Subsection (i) and
for other purposes considered desirable by the court.
(ii) Consistent with the order of the court, the probation officer may permit the minor found
to be within the jurisdiction of the court to participate in a program of work restitution or community
service in lieu of paying part or all of the fine imposed by the court. The work restitution or
community service permitted by the probation officer may not affect the amount of the surcharge.
(l) In violations of traffic laws within the court's jurisdiction, the court may, in addition to
any other disposition, restrain the minor from driving for periods of time the court considers
necessary and take possession of the minor's driver license. However, proceedings involving an
offense under Section [
driving privileges.
(m) (i) When a minor is found within the jurisdiction of the juvenile court under Section
78-3a-104 because of violating Section 58-37-8, Title 58, Chapter 37a, Utah Drug Paraphernalia Act,
or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court shall, in addition to any
fines or fees otherwise imposed, order that the minor perform a minimum of 20 hours, but no more
than 100 hours, of community service. Satisfactory completion of an approved substance abuse
prevention or treatment program may be credited by the court as community service hours.
(ii) When a minor is found within the jurisdiction of the juvenile court under Section
78-3a-104 because of a violation of Section 32A-12-209 or Subsection 76-9-701(1), the court may,
upon the first adjudication, and shall, upon a second or subsequent adjudication, order that the minor
perform a minimum of 20 hours, but no more than 100 hours of community service, in addition to
any fines or fees otherwise imposed. Satisfactory completion of an approved substance abuse
prevention or treatment program may be credited by the court as community service hours.
(n) The court may order that the minor be examined or treated by a physician, surgeon,
psychiatrist, or psychologist or that he receive other special care. For these purposes the court may
place the minor in a hospital or other suitable facility.
(o) (i) The court may appoint a guardian for the minor if it appears necessary in the interest
of the minor, and may appoint a public or private institution or agency as guardian in which legal
custody of the minor is vested.
(ii) In placing a minor under the guardianship or legal custody of an individual or of a
private agency or institution, the court shall give primary consideration to the welfare of the minor.
When practicable, the court may take into consideration the religious preferences of the minor and
of his parents.
(p) (i) In support of a decree under Section 78-3a-104, the court may order reasonable
conditions to be complied with by the parents or guardian, the minor, his custodian, or any other
person who has been made a party to the proceedings. Conditions may include:
(A) visitation by the parents or one parent;
(B) restrictions on the minor's associates;
(C) restrictions on the minor's occupation and other activities; and
(D) requirements to be observed by the parents or custodian.
(ii) A minor, whose parents or guardians successfully complete a family or other counseling
program, may be credited by the court for detention, confinement, or probation time.
(q) The court may order the minor to be placed in the legal custody of the Division of Mental
Health or committed to the physical custody of a local mental health authority, 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.
(r) The court may make an order committing a minor within its jurisdiction to the Utah State
Developmental Center if the minor has been found mentally retarded in accordance with the
provisions of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility. The procedure
applicable in the district courts with respect to judicial commitments to the Utah State
Developmental Center shall be followed by the juvenile court in these cases.
(s) The court may terminate all parental rights upon a finding of compliance with the
provisions of Part 4, Termination of Parental Rights Act.
(t) The court may make any other reasonable orders for the best interest of the minor or as
required for the protection of the public, except that a person younger than 18 years of age may not
be committed to jail or prison, and offenses under Section [
that section regarding suspension of driving privileges.
(u) The court may combine several of the above-listed modes of disposition if they are
compatible.
(v) Before depriving any parent of custody, the court shall give due consideration to the
rights of parents concerning their minors. The court may transfer custody to another person, agency,
or institution in accordance with the requirements and procedures of Part 3, Abuse, Neglect, and
Dependency Proceedings.
(w) Except as provided in Subsection (2)(y)(i), an order under this section for probation or
placement of a minor with an individual or an agency shall include a date certain for a review of the
case by the court. A new date shall be set upon each review.
(x) In reviewing foster home placements, special attention shall be given to making
adoptable minors available for adoption without delay.
(y) (i) The juvenile court may enter an order of permanent custody and guardianship with
a relative or individual of a minor where the court has previously acquired jurisdiction as a result of
an adjudication of abuse, neglect, or dependency, excluding cases arising under Subsection
78-3a-105(4).
(ii) Such orders remain in effect until the minor reaches majority and are not subject to
review under Section [
in Section 78-3a-903.
(iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
permanent orders of custody and guardianship do not expire with a termination of jurisdiction of the
juvenile court.
Section 33. Section 78-3a-119, which is renumbered from Section 78-3a-518 is renumbered
and amended to read:
[
Rights and responsibilities of agency or individual granted legal custody.
(1) A judgment, order, or decree of the juvenile court does not operate after the minor
becomes 21 years of age, except for:
(a) orders of commitment to the Utah State Developmental Center or to the custody of the
Division of Mental Health;
(b) adoption orders under Section 78-3a-105; and
(c) unless terminated by the court, orders to pay any fine or restitution.
(2) (a) Except as provided in Part 3, Abuse, Neglect, and Dependency Proceedings, an order
vesting legal custody or guardianship of a minor in an individual, agency, or institution may be for
an indeterminate period. However, upon the expiration of 18 months, the individual, agency, or
institution involved shall file a petition for a review hearing of the case. The court may terminate
the order, or after notice and hearing, continue the order if it finds continuation of the order
necessary to safeguard the welfare of the minor or the public interest. The findings of the court and
its reasons shall be entered with the continuation order or with the order denying continuation.
(b) Subsection (2) does not apply to minors when in the custody of the Division of Child and
Family Services who are placed in foster care, a secure youth corrections facility, the Division of
Mental Health, the Utah State Developmental Center, or to any agency licensed for child placements
and adoptions in cases where all parental rights of the legal parents have been terminated by the
court under Part 4, Termination of Parental Rights Act, and custody of the minor has been granted
to the agency for adoption or other permanent placement.
(3) (a) An agency granted legal custody may determine where and with whom the minor will
live, provided that placement of the minor does not remove him from the state without court
approval.
(b) An individual granted legal custody shall personally exercise the rights and
responsibilities involved in legal custody, unless otherwise authorized by the court.
Section 34. Section 78-3a-120, which is renumbered from Section 78-3a-519 is renumbered
and amended to read:
[
changing or terminating custody, probation, or protective supervision.
(1) The court may modify or set aside any order or decree made by it, [
modification of an order placing a minor on probation [
violation of the terms of probation [
(2) Notice [
effect of modifying or setting aside an order or decree may be to [
(3) Notice of an order terminating probation or protective supervision shall be given to the
parents, guardian, custodian, and, where appropriate, to the minor.
Section 35. Section 78-3a-121, which is renumbered from Section 78-3a-520 is renumbered
and amended to read:
[
and termination of jurisdiction -- Notice of discharge from custody of Division of Mental
Health or Utah State Developmental Center -- Transfer of continuing jurisdiction to other
district.
(1) Jurisdiction of a minor obtained by the court through adjudication under Section
[
unless terminated earlier. However, the court retains jurisdiction beyond the age of 21 of a person
who has refused or failed to pay any fine or victim restitution ordered by the court, but only for the
purpose of causing compliance with existing orders.
(2) (a) The continuing jurisdiction of the court terminates:
(i) upon order of the court;
(ii) upon commitment to a secure youth corrections facility; or
(iii) upon commencement of proceedings in adult cases under Section 78-3a-801.
(b) The continuing jurisdiction of the court is not terminated by marriage.
(3) When a minor has been committed by the court to the custody of the Division of Mental
Health, a local mental health authority or its designee, or to the Utah State Developmental Center,
the director of the Division of Mental Health, the local mental health authority or its designee, or the
superintendent of the Utah State Developmental Center shall give the court written notice of its
intention to discharge, release, or parole the minor not fewer than five days prior to the discharge,
release, or parole.
(4) Jurisdiction over a minor on probation or under protective supervision, or of a minor who
is otherwise under the continuing jurisdiction of the court, may be transferred by the court to the
court of another district, if the receiving court consents, or upon direction of the chair of the Board
of Juvenile Court Judges. The receiving court has the same powers with respect to the minor that
it would have if the proceedings originated in that court.
Section 36. Section 78-3a-301 is amended to read:
78-3a-301. Removing a child from his home -- Grounds for removal.
(1) The Division of Child and Family Services may not remove a child from the custody of
his natural parent unless that is the least intrusive method available for protecting the child, and there
is substantial cause to believe 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 severe emotional damage, as may be indicated by, but 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 severely neglected;
or
(k) the child's welfare is otherwise endangered, as documented by the caseworker.
(2) The Division of Child and Family Services may not remove a minor from the custody
of his natural parent solely on the basis of educational neglect.
(3) (a) A minor removed from the custody of his natural parent under this section may not
be placed or kept in a secure detention facility pending court proceedings unless the minor is
detainable based on guidelines promulgated by the Division of Youth Corrections.
(b) A minor removed from the custody of his natural parent but who does not require
physical restriction shall be given temporary care in a shelter facility.
Section 37. Section 78-3a-311 is amended to read:
78-3a-311. Dispositional hearing -- Child in custody of Division of Family Services --
Order for reunification services -- Exceptions.
(1) The court may make any of the dispositions described in Section [
place the child in the custody or guardianship of any individual or public or private entity or agency,
order protective supervision, family preservation, medical or mental health treatment, or other
services.
(2) (a) Except as provided in Subsection (3), whenever the court orders continued removal
at the dispositional hearing, and that the minor remain in the custody of the Division of Child and
Family Services, it shall order that the division make reasonable efforts to provide services to the
minor and his parent for the purpose of facilitating reunification of the family, within a maximum
time period not to exceed 12 months from the date that the child was initially removed from his
home by the division.
(b) Any physical custody of the minor by the parent during the period described in
Subsection (a) does not interrupt the running of the period.
(c) At the expiration of the 12 month period described in Subsection (a), a dispositional
review hearing shall be conducted by the court in accordance with Section 78-3a-312. If at that time
the child cannot be safely returned to the care and custody of his parent without court supervision,
a permanency plan for the child shall be finalized. If the child clearly desires contact with the parent,
the court shall take the child's desire into consideration in determining the permanency plan.
(d) With regard to a child who is two years of age or younger at the time the court orders
reunification services, the court may order the discontinuance of those services after six months if
the parent or parents have not made substantial efforts to comply with the treatment plan. The
burden is upon the parents, and the division if it supports continued reunification services, to show
that the parents have made substantial efforts to comply with the plan during the first six months of
reunification services.
(3) Because of the state's interest in and responsibility to protect and provide permanency
for children who are abused, neglected, or dependent, the Legislature finds that a parent's interest
in receiving reunification services is limited. The court may, under any circumstances, determine
that efforts to reunify a child with his family are not reasonable, based on the individual
circumstances, and that reunification services need not be provided. In any case, there is a
presumption that reunification services should not be provided to a parent if the court finds, by clear
and convincing evidence, that any of the following circumstances exist:
(a) the whereabouts of the parents are unknown, based upon a verified affidavit indicating
that a reasonably diligent search has failed to locate the parent;
(b) the parent is suffering from a mental illness of such magnitude that it renders him
incapable of utilizing those services; that finding shall be based on competent evidence from mental
health professionals establishing that, even with the provision of services, the parent is unlikely to
be capable of adequately caring for the child within 12 months;
(c) the minor has been previously adjudicated as an abused child due to physical or sexual
abuse, that following the adjudication the child was removed from the custody of his parent, was
subsequently returned to the custody of that parent, and the minor is being removed due to additional
physical or sexual abuse;
(d) the parent has been convicted of causing the death of another child through abuse or
neglect;
(e) the minor has suffered severe abuse by the parent or by any person known by the parent,
if the parent knew or reasonably should have known that the person was abusing the minor;
(f) the minor has been adjudicated an abused child as a result of severe abuse by the parent,
and the court finds that it would not benefit the child to pursue reunification services with the
offending parent;
(g) the parent's rights have been terminated with regard to any other child;
(h) the child has been removed from his home on at least two previous occasions and
reunification services were offered or provided to the family at those times; or
(i) any other circumstance that the court determines should preclude reunification efforts or
services.
(4) (a) Failure of the parent to respond to previous services or comply with any previous
treatment plan, the fact that the child was abused while the parent was under the influence of drugs
or alcohol, a past history of violent behavior, whether a parent continues to live with an individual
who abused the child, any patterns of the parent's behavior that have exposed the child to repeated
abuse, or testimony by a competent professional that the parent's behavior is unlikely to be
successful, are relevant factors to consider in determining whether reunification services should be
ordered.
(b) The court shall also consider whether the parent has expressed an interest in reunification
with the child, in determining whether to order that reunification services be provided.
(5) If reunification services are not ordered pursuant to Subsection (3)(a), and the
whereabouts of a parent become known within six months of the out-of-home placement of the
minor, the court may order the division to provide reunification services. The time limits described
in Subsection (2), however, are not tolled by the parent's absence.
(6) If a parent is incarcerated or institutionalized, the court shall order reasonable services
unless it determines that those services would be detrimental to the minor. In determining detriment,
the court shall consider the age of the child, the degree of parent-child bonding, the length of the
sentence, the nature of the treatment, the nature of the crime or illness, the degree of detriment to the
child if services are not offered and, for minors ten years of age or older, the minor's attitude toward
the implementation of family reunification services, and any other appropriate factors. Reunification
services for an incarcerated or institutionalized parent are subject to the 12-month limitation imposed
in Subsection (2) unless the court determines that continued reunification services would be in the
child's best interest.
(7) If, pursuant to Subsection (3)(b), (c), (d), (e), (f), (g), (h), or (i), the court does not order
reunification services, a hearing shall be conducted within 120 days for establishment of a
permanency plan for the child, in accordance with Subsection 78-3a-312(3).
Section 38. Section 78-3a-411 is amended to read:
78-3a-411. Court disposition of child upon termination.
(1) Upon entry of an order [
the court may:
(a) place the child in the legal custody and guardianship of a licensed child placement
agency or the division for adoption; or
(b) make any other disposition of the child authorized under Section [
(2) All adoptable children shall be placed for adoption.
Section 39. Section 78-3a-502 is amended to read:
78-3a-502. Petition -- Preliminary inquiry -- Nonjudicial adjustments -- Formal
referral -- Citation -- Failure to appear.
(1) Proceedings in minor's cases are commenced by petition.
(2) (a) A peace officer or any public official of the state, any county, city, or town charged
with the enforcement of the laws of the state or local jurisdiction shall file a formal referral with the
juvenile court within ten days of the minor's arrest. If the arrested minor is taken to a detention
facility, the formal referral shall be filed with the juvenile court within 72 hours, excluding weekends
and holidays. There shall be no requirement to file a formal referral with the juvenile court on an
offense that would be a class B misdemeanor or less if committed by an adult.
(b) When the court is informed by a peace officer or other person that a minor is or appears
to be within the court's jurisdiction, the probation department shall make a preliminary inquiry to
determine whether the interests of the public or of the minor require that further action be taken.
(c) Based on the preliminary inquiry, the court may authorize the filing of or request that the
county attorney or district attorney as provided under Sections 17-18-1 and 17-18-1.7 file a petition.
In its discretion, the court may, through its probation department, enter into a written consent
agreement with the minor and the minor's parent, guardian, or custodian for the nonjudicial
adjustment of the case if the facts are admitted and establish prima facie jurisdiction. Efforts to
effect a nonjudicial adjustment may not extend for a period of more than two months without leave
of a judge of the court, who may extend the period for an additional two months. The probation
department may not in connection with any nonjudicial adjustment compel any person to appear at
any conference, produce any papers, or visit any place.
(d) The nonjudicial adjustment of a case may include conditions agreed upon as part of the
nonjudicial closure:
(i) payment of a financial penalty of not more than $100 to the Juvenile Court;
(ii) payment of victim restitution;
(iii) satisfactory completion of community service;
(iv) referral to an appropriate provider for counseling or treatment;
(v) attendance at substance abuse programs or counseling programs;
(vi) compliance with specified restrictions on activities and associations; and
(vii) other reasonable actions that are in the interest of the minor and the community.
(e) Proceedings involving offenses under Section [
that section regarding suspension of driving privileges.
(3) Except as provided in Section 78-3a-602, in the case of a minor 14 years of age or older,
the county attorney, district attorney, or attorney general may commence an action by filing a
criminal information and a motion requesting the juvenile court to waive its jurisdiction and certify
the minor to the district court.
(4) (a) In cases of violations of fish and game laws, boating laws, class B and class C
misdemeanors, other infractions or misdemeanors as designated by general order of the Board of
Juvenile Court Judges, and violations of Section 76-10-105 on school property, a petition is not
required and the issuance of a citation as provided in Section 78-3a-503 is sufficient to invoke the
jurisdiction of the court. A preliminary inquiry is not required unless requested by the court.
(b) Any failure to comply with the time deadline on a formal referral may not be the basis
of dismissing the formal referral.
Section 40. Section 78-3a-503 is amended to read:
78-3a-503. Citation procedure -- Citation -- Offenses -- Time limits -- Failure to
appear.
(1) As used in this section, "citation" means an abbreviated referral and is sufficient to
invoke the jurisdiction of the court in lieu of a petition.
(2) A citation shall be submitted to the court within five days of its issuance.
(3) Each copy of the citation shall contain:
(a) the name and address of the juvenile court before which the minor is to appear;
(b) the name of the minor cited;
(c) the statute or local ordinance that is alleged to have been violated;
(d) a brief description of the offense charged;
(e) the date, time, and location at which the offense is alleged to have occurred;
(f) the date the citation was issued;
(g) the name and badge or identification number of the peace officer or public official who
issued the citation;
(h) the name of the arresting person if an arrest was made by a private party and the citation
was issued in lieu of taking the arrested minor into custody as provided in Section [
78-3a-113;
(i) the date and time when the minor is to appear, or a statement that the minor and parent
or legal guardian are to appear when notified by the juvenile court; and
(j) the signature of the minor and the parent or legal guardian, if present, agreeing to appear
at the juvenile court as designated on the citation.
(4) Each copy of the citation shall contain space for the following information to be entered
if known:
(a) the minor's address;
(b) the minor's date of birth;
(c) the name and address of the minor's custodial parent or legal guardian, if different from
the minor; and
(d) if there is a victim, the victim's name, address, and an estimate of loss, except that this
information shall be removed from the documents the minor receives.
(5) A citation received by the court beyond the time designated in Subsection (2) shall
include a written explanation for the delay.
(6) The following offenses may be sent to the juvenile court as a citation:
(a) violations of fish and game laws;
(b) violations of boating laws;
(c) violations of curfew laws;
(d) any class B misdemeanor or less traffic violations where the person is under the age of
16;
(e) any class B or class C misdemeanor or infraction;
(f) any other infraction or misdemeanor as designated by general order of the Board of
Juvenile Court Judges; and
(g) violations of Section 76-10-105 on school property.
(7) A preliminary inquiry is not required unless requested by the court.
(8) The provisions of Subsection (5) may not apply to a runaway, ungovernable, or
habitually truant minor.
(9) In the case of Section 76-10-105 violations committed on school property when a citation
is issued under this section, the peace officer, public official, or compliance officer shall issue one
copy to the minor cited, provide the parent or legal guardian with a copy, and file a duplicate with
the juvenile court specified in the citation within five days.
(10) (a) A minor receiving a citation described in this section shall appear at the juvenile
court designated in the citation on the time and date specified in the citation or when notified by the
juvenile court.
(b) A citation may not require a minor to appear sooner than five days following its issuance.
(11) A minor who receives a citation and willfully fails to appear before the juvenile court
pursuant to a citation is subject to arrest and may be found in contempt of court. The court may
proceed against the minor as provided in Section 78-3a-901 regardless of the disposition of the
offense upon which the minor was originally cited.
(12) When a citation is issued under this section, bail may be posted and forfeited under
Subsection [
the minor cited.
Section 41. Section 78-3a-504 is repealed and reenacted to read:
78-3a-504. Minor held in detention -- Credit for good behavior.
(1) A minor held in detention under Subsection 78-3a-118(2)(f) or 78-3a-901(3) shall receive
credit for good behavior against the period of detention ordered by the court at the rate of one day
for every three days served under guidelines established by the Division of Youth Corrections.
(2) Any disposition including detention under Subsection 78-3a-118(2)(f) or 78-3a-901(3)
shall be concurrent with any other order of detention.
Section 42. Section 78-3a-505 is repealed and reenacted to read:
78-3a-505. Dispositional report required in minor's cases -- Exceptions.
The probation department or other agency designated by the court shall make a dispositional
report in writing in all minor's cases in which a petition has been filed, except that the court may
dispense with the study and report in cases involving violations of traffic laws or ordinances,
violations of fish and game laws, boating laws, and other minor cases. Where the allegations of a
petition filed under Subsection 78-3a-104(1) are denied, the investigation may not be made until the
court has made an adjudication.
Section 43. Section 78-3a-506 is repealed and reenacted to read:
78-3a-506. Suspension of license for certain offenses.
(1) This section applies to minors who are at least 13 years of age when found by the court
to be within its jurisdiction by the commission of any offense under Section 58-37-8 or 32A-12-209,
Title 58, Chapter 37a, Utah Drug Paraphernalia Act, Title 58, Chapter 37b, Imitation Controlled
Substances, or Subsection 76-9-701(1).
(2) If the court hearing the case determines that the minor committed an offense under
Section 58-37-8 or Title 58, Chapter 37a or 37b, the court shall prepare and send to the Driver
License Division of the Department of Public Safety an order to suspend that minor's driving
privileges.
(3) If the court hearing the case determines that the minor violated Section 32A-12-209 or
Subsection 76-9-701(1), and the violation is the minor's:
(a) first violation, the court may suspend the minor's driving privileges; or
(b) second or subsequent violation, the court shall suspend the minor's driving privileges.
(4) When a court has issued an order suspending a minor's driving privileges for a violation
of Section 32A-12-209 or 58-37-8, Title 58, Chapter 37a or 37b, or Subsection 76-9-701(1), the
minor's license shall be suspended under Section 53-3-219.
(5) When the Department of Public Safety receives the arrest or conviction record of a
person for a driving offense committed while his license is suspended under this section, the
department shall extend the suspension for a like period of time.
Section 44. Section 78-3a-603 is amended to read:
78-3a-603. Certification hearings -- Juvenile court to hold preliminary hearing --
Factors considered by juvenile court for waiver of jurisdiction to district court.
(1) If a criminal information filed in accordance with Subsection 78-3a-502(3) alleges the
commission of an act which would constitute a felony if committed by an adult, the juvenile court
shall conduct a preliminary hearing.
(2) At the preliminary hearing the state shall have the burden of going forward with its case
and the burden of establishing:
(a) probable cause to believe that a crime was committed and that the defendant committed
it; and
(b) by a preponderance of the evidence, that it would be contrary to the best interests of the
minor or of the public for the juvenile court to retain jurisdiction.
(3) In considering whether or not it would be contrary to the best interests of the minor or
of the public for the juvenile court to retain jurisdiction, the juvenile court shall consider, and may
base its decision on, the finding of one or more of the following factors:
(a) the seriousness of the offense and whether the protection of the community requires
isolation of the minor beyond that afforded by juvenile facilities;
(b) whether the alleged offense was committed by the minor in concert with two or more
persons under circumstances which would subject the minor to enhanced penalties under Section
76-3-203.1 were he an adult;
(c) whether the alleged offense was committed in an aggressive, violent, premeditated, or
willful manner;
(d) whether the alleged offense was against persons or property, greater weight being given
to offenses against persons, except as provided in Section 76-8-418;
(e) the maturity of the minor as determined by considerations of his home, environment,
emotional attitude, and pattern of living;
(f) the record and previous history of the minor;
(g) the likelihood of rehabilitation of the minor by use of facilities available to the juvenile
court;
(h) the desirability of trial and disposition of the entire offense in one court when the minor's
associates in the alleged offense are adults who will be charged with a crime in the district court;
(i) whether the minor used a firearm in the commission of an offense; and
(j) whether the minor possessed a dangerous weapon on or about school premises as
provided in Section 76-10-505.5.
(4) The amount of weight to be given to each of the factors listed in Subsection (3) is
discretionary with the court.
(5) (a) Written reports and other materials relating to the minor's mental, physical,
educational, and social history may be considered by the court.
(b) If requested by the minor, the minor's parent, guardian, or other interested party, the court
shall require the person or agency preparing the report and other material to appear and be subject
to both direct and cross-examination.
(6) At the conclusion of the state's case, the minor may testify under oath, call witnesses,
cross-examine adverse witnesses, and present evidence on the factors required by Subsection (3).
(7) If the court finds the state has met its burden under Subsection (2), the court may enter
an order:
(a) certifying that finding; and
(b) directing that the minor be held for criminal proceedings in the district court.
(8) If an indictment is returned by a grand jury, the preliminary examination held by the
juvenile court need not include a finding of probable cause, but the juvenile court shall proceed in
accordance with this section regarding the additional consideration referred to in Subsection (2)(b).
(9) The provisions of Section [
other provisions relating to proceedings in juvenile cases are applicable to the hearing held under
this section to the extent they are pertinent.
(10) A minor who has been directed to be held for criminal proceedings in the district court
is not entitled to a preliminary examination in the district court.
(11) A minor who has been certified for trial in the district court shall have the same right
to bail as any other criminal defendant and shall be advised of that right by the juvenile court judge.
The juvenile court shall set initial bail in accordance with Title 77, Chapter 20, Bail.
(12) When a minor has been certified to the district court under this section or when a
criminal information or indictment is filed in a court of competent jurisdiction before a committing
magistrate charging the minor with an offense described in Section 78-3a-602, the jurisdiction of
the Division of Youth Corrections and the jurisdiction of the juvenile court over the minor is
terminated regarding that offense, any other offenses arising from the same criminal episode, and
any subsequent misdemeanors or felonies charged against him, except as provided in Subsection
(14).
(13) A minor may be convicted under this section on the charges filed or on any other
offense arising out of the same criminal episode.
(14) The juvenile court under Section 78-3a-104 and the Division of Youth Corrections
regain jurisdiction and any authority previously exercised over the minor when there is an acquittal,
a finding of not guilty, or dismissal of the charges in the district court.
Section 45. Section 78-3a-903 is amended to read:
78-3a-903. Modification or termination of custody order or decree -- Grounds --
Procedure.
(1) A parent, guardian, or next friend of a minor whose legal custody has been transferred
by the court to an individual, agency, or institution, except a secure youth corrections facility, may
petition the court for restoration of custody or other modification or revocation of the decree, on the
ground that a change of circumstances has occurred which requires such modification or revocation
in the best interest of the minor or the public.
(2) The court shall make a preliminary investigation [
the court finds that the alleged change of circumstances, if proved, would not affect the decree, it
may dismiss the petition. If the court finds that a further examination of the facts [
is needed, or if the court on its own motion determines that the decree should be reviewed, it shall
conduct a hearing [
hearing, the court may [
[
parental rights have been terminated in accordance with Part 4, Termination of Parental Rights Act.
[
petition the court for a modification of the custody order on the ground that [
necessary for the welfare of the minor or in the public interest. The court shall proceed upon [
the petition in [
Subsections (1) and (2).
Section 46. Section 78-3a-905 is amended to read:
78-3a-905. Expungement of juvenile court record -- Petition -- Procedure.
(1) (a) Any person who has been adjudicated under this chapter may, after the expiration of
one year from the date of termination of the continuing jurisdiction of the juvenile court or, in case
he was committed to a secure youth corrections facility, one year from the date of his unconditional
release from the facility, petition the court for the expungement of his record in the juvenile court.
(b) (i) Upon the filing of a petition, the court shall set a date for a hearing and shall notify
the county attorney or, if within the prosecution district, district attorney of the pendency of the
petition and of the date of the hearing.
(ii) The county attorney or district attorney and any other person who may have relevant
information about the petitioner may testify at the hearing.
(2) (a) If the court finds upon the hearing that the petitioner has not been convicted of a
felony or of a misdemeanor involving moral turpitude since the termination of the court's jurisdiction
or his unconditional release from a secure youth corrections facility and that no proceeding involving
the felony or misdemeanor is pending or being instituted against him, and if the court further finds
that the rehabilitation of the petitioner has been attained to the satisfaction of the court, it shall order
sealed all records in the petitioner's case in the custody of the juvenile court and any records in the
custody of any other agency or official, except fingerprint records. Fingerprint records shall be
retained in the custody of the juvenile court and any other agency or official. Copies of the order
shall be sent to each agency or official named in the order and any entity notified of the original
adjudication under Subsection [
(b) Upon the entry of the order, the proceedings in the petitioner's case shall be considered
never to have occurred and the petitioner may properly reply accordingly upon any inquiry in the
matter. Inspection of the records may thereafter only be permitted by the court upon petition by the
person who is the subject of the records, and only to persons named in the petition.
Section 47. Section 78-3a-913, which is renumbered from Section 78-3a-513 is renumbered
and amended to read:
[
-- Cost -- Court hearing to determine compelling reason to appoint a noncontracting attorney
-- Rate of pay.
(1) (a) The parents, guardian, custodian, and the minor, if competent, shall be informed that
they have the right to be represented by counsel at every stage of the proceedings. They have the
right to employ counsel of their own choice and if any of them requests an attorney and is found by
the court to be indigent, counsel shall be appointed by the court as provided in Subsection (3). The
court may appoint counsel without a request if it considers representation by counsel necessary to
protect the interest of the minor or of other parties.
(b) The cost of appointed counsel, including the cost of counsel and expense of appeal, shall
be paid by the county in which the hearing is held. Counties may levy and collect taxes for these
purposes.
(2) If the county responsible to provide legal counsel for an indigent under Subsection (1)(b)
has arranged by contract to provide services, the court if it has received notice or a copy of such
contract shall appoint the contracting attorney as legal counsel to represent that indigent.
(3) The court shall select and appoint the attorney or attorneys if:
(a) the contract for indigent legal services is with multiple attorneys; or
(b) the contract is with an additional attorney or attorneys in the event of a conflict of
interest.
(4) If the court considers the appointment of a noncontracting attorney to provide legal
services to an indigent despite the existence of an indigent legal services contract and the court has
a copy or notice of such contract, before the court may make the appointment, it shall:
(a) set the matter for a hearing;
(b) give proper notice to the county attorney of the responsible county of the hearing; and
(c) make findings that there is a compelling reason to appoint a noncontracting attorney
before it may make such appointment.
(5) The indigent's mere preference for other counsel shall not be considered a compelling
reason justifying the appointment of a noncontracting attorney.
(6) The court may order a minor, parent, guardian, or custodian for whom counsel is
appointed and the parents or guardian of any minor for whom counsel is appointed to reimburse the
county for the cost of appointed counsel.
(7) If the minor and other parties were not represented by counsel, the court shall inform
them at the conclusion of the proceedings that they have the right to appeal.
Section 48. Section 78-3a-914, which is renumbered from Section 78-3a-521 is renumbered
and amended to read:
[
having legal custody -- Transfer of minor to state prison or other adult facility prohibited.
(1) Whenever legal custody of a minor is vested in an institution or agency, the court shall
transmit with the court order copies of the social study, any clinical reports, and other information
pertinent to the care and treatment of the minor. The institution or agency shall give the court any
information concerning the minor that the court may at any time require.
(2) The Division of Youth Corrections or any other institution or agency to whom a minor
is committed under Section [
prison or any other institution for the correction of adult offenders.
Section 49. Section 78-5-105 is amended to read:
78-5-105. Jurisdiction of justice court and juvenile court.
(1) Justice courts have jurisdiction over traffic misdemeanors and infractions committed by
persons 16 or 17 years of age and that occur within the territorial jurisdiction of the court, except
those offenses exclusive to the juvenile court under Section 78-3a-104.
(2) If the traffic offense involves the conviction of a person 16 years of age or older but
younger than 18 years of age for an offense under Section [
judge shall notify the juvenile court of the conviction.
(3) The justice court has authority to take the juvenile's driver license and return it to the
Driver License Division, Department of Public Safety, for suspension under Section 53-3-221.
(4) Justice court judges may transfer matters within the court's jurisdiction under this section
to the juvenile court for postjudgment proceedings according to rules of the Judicial Council.
Section 50. Section 78-11-20 is amended to read:
78-11-20. Property damage caused by a minor -- Liability of parent or legal guardian.
(1) The parent or legal guardian having legal custody of the minor is liable for damages
sustained to property not to exceed $2,000 when:
(a) the minor intentionally damages, defaces, destroys, or takes the property of another;
(b) the minor recklessly or willfully shoots or propels a missile, or other object at or against
a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or
standing; or
(c) the minor intentionally and unlawfully tampers with the property of another and thereby
recklessly endangers human life or recklessly causes or threatens a substantial interruption or
impairment of any public utility service.
(2) For purposes of this section, Subsection (1)(a) or (c) include graffiti, as defined in
Section 76-6-107.
(3) A court may waive part or all of the liability for damages by the parent or legal guardian
if the offender is adjudicated in the juvenile court under Section [
(a) upon a finding of good cause; or
(b) if the parent or legal guardian:
(i) made a reasonable effort to restrain the wrongful conduct; and
(ii) reported it to the property owner involved or the law enforcement agency having primary
jurisdiction after he knew of the minor's unlawful act. No report is required under this section from
a parent or legal guardian if the minor was arrested or apprehended by a peace officer or by anyone
acting on behalf of the property owner involved.
Section 51. Section 78-11-20.5 is amended to read:
78-11-20.5. Criminal conviction for criminal mischief or criminal trespass not a
prerequisite for civil action under chapter.
A conviction for criminal mischief under Section 76-6-106, criminal trespass under Section
76-6-206, or an adjudication under Section [
a civil action authorized under Section 78-11-20.
Section 52. Section 78-11-20.7 is amended to read:
78-11-20.7. Community service -- Graffiti penalties.
(1) If an offender uses graffiti and is convicted under Section 76-6-106 or 76-6-206 for its
use, or adjudicated in the juvenile court under Section [
condition of probation under Subsection 77-18-1(8), in addition to the compensatory or general
damage award imposed pursuant to Section 78-11-20, order the offender to clean up graffiti of his
own and any other at a time and place within the jurisdiction of the court.
(a) For a first conviction or adjudication, the court may require the offender to clean up
graffiti for not less than eight hours.
(b) For a second conviction or adjudication, the court may require the offender to clean up
graffiti for not less than 16 hours.
(c) For a third conviction or adjudication, the court may require the offender to clean up
graffiti for not less than 24 hours.
(2) Any community service of a person under the age of 18 years which is required, under
this section, may be performed in the presence, and under the direct supervision, of the person's
parent or legal guardian. The person's parent or legal guardian shall report completion of the order
to the court.
(3) The offender convicted under Section 76-6-106, 76-6-206, or 76-6-107 or adjudicated
under Section [
responsible for removal costs as determined under Section 76-6-107, unless waived by the court for
good cause.
(4) The court may also require the offender to perform other alternative forms of restitution
or repair to the damaged property pursuant to Subsection 77-18-1(8).
Section 53. Repealer.
This act repeals:
Section 78-3a-510, Minor held in detention -- Credit for good behavior.
Section 78-3a-514, Dispositional report required in minor's cases -- Exceptions.
Section 78-3a-517, Suspension of license for certain offenses.
Section 54. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override, except Section 62A-4a-105 (Effective 07/01/97), which takes effect on July 1, 1997.
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