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S.B. 90





Sponsor: Nathan C. Tanner

5    Lyle W. Hillyard
Joseph L. Hull

8    This act affects sections of Utah Code Annotated 1953 as follows:
9    AMENDS:
10         78-3a-516, as enacted by Chapter 1 and last amended by Chapters 188, 234 and 318, Laws of
11    Utah 1996
12         78-3a-901, as enacted by Chapter 1, Laws of Utah 1996
13    Be it enacted by the Legislature of the state of Utah:
14        Section 1. Section 78-3a-516 is amended to read:
15         78-3a-516. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
16     Enumeration of possible court orders -- Considerations of court.
17        (1) (a) When a minor is found to come within the provisions of Section 78-3a-104, the
18    court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
19    jurisdiction over the minor. However, in cases within the provisions of Subsection 78-3a-104(1),
20    findings of fact are not necessary.
21        (b) If the court adjudicates a minor for a crime of violence or an offense in violation of
22    Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided to
23    the school superintendent of the district in which the minor resides or attends school. Notice shall
24    be made to the district superintendent within three days and shall include the specific offenses for
25    which the minor was adjudicated.
26        (2) Upon adjudication the court may make the following dispositions by court order:
27        (a) (i) The court may place the minor on probation or under protective supervision in [his]

1    the minor's own home and upon conditions determined by the court, including community service
2    as provided in Section 78-11-20.7.
3        (ii) If the court orders probation, the court shall direct that notice of its order be provided
4    to designated persons in the local law enforcement agency and the school or transferee school, if
5    applicable, which the minor attends. The designated persons may receive the information for
6    purposes of the minor's supervision and student safety.
7        (iii) Any employee of the local law enforcement agency and the school which the minor
8    attends who discloses the court's order of probation is not:
9        (A) civilly liable except when the disclosure constitutes fraud or malice as provided in
10    Section 63-30-4; and
11        (B) civilly or criminally liable except when the disclosure constitutes a knowing violation
12    of Section 63-2-801.
13        (b) The court may place the minor in the legal custody of a relative or other suitable
14    person, with or without probation or protective supervision, but the juvenile court may not assume
15    the function of developing foster home services.
16        (c) The court may vest legal custody of the minor in the Division of Child and Family
17    Services, Division of Youth Corrections, or the Division of Mental Health, and may order the
18    Department of Human Services to provide dispositional recommendations and services.
19        (d) The court may commit the minor to the Division of Youth Corrections for secure
20    confinement. A minor under the jurisdiction of the court solely on the ground of neglect or
21    dependency under Subsection 78-3a-104(1)(c) may not be committed to the Division of Youth
22    Corrections.
23        (e) The court may commit the minor, subject to the court retaining continuing jurisdiction
24    over him, to the temporary custody of the Division of Youth Corrections for observation and
25    evaluation for a period not to exceed 90 days.
26        (f) (i) The court may commit the minor to the Division of Youth Corrections for a period
27    not to exceed 30 days subject to the court retaining continuing jurisdiction over [him] the minor.
28    Notification of home detention, if applicable under this subsection, shall be provided pursuant to
29    Subsection 78-3a-508(5).
30        (ii) Subsection (f) applies only to those minors adjudicated for an act which if committed
31    by an adult would be a criminal offense or for contempt of court under Section 78-3a-901. This

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1    commitment may be stayed or suspended upon conditions ordered by the court.
2        (g) The court may vest legal custody of an abused, neglected, or dependent minor in the
3    Division of Child and Family Services or any other appropriate person in accordance with the
4    requirements and procedures of Part 3.
5        (h) The court may place the minor on a ranch or forestry camp, or similar facility for care
6    and also for work, if possible, if the person, agency, or association operating the facility has been
7    approved or has otherwise complied with all applicable state and local laws. A minor placed in
8    a forestry camp or similar facility may be required to work on fire prevention, forestation and
9    reforestation, recreational works, forest roads, and on other works on or off the grounds of the
10    facility and may be paid wages, subject to the approval of and under conditions set by the court.
11        (i) The court may order that the minor be required to repair, replace, or otherwise make
12    restitution for damage or loss caused by [his] the minor's wrongful act, including costs of treatment
13    as stated in Section 78-3a-318, and may impose fines in limited amounts.
14        (j) The court may issue orders necessary for the collection of restitution and fines ordered
15    by the court, including garnishments, wage withholdings, and executions.
16        (k) (i) The court may through its probation department encourage the development of
17    employment or work programs to enable minors to fulfill their obligations under Subsection (i)
18    and for other purposes considered desirable by the court.
19        (ii) Consistent with the order of the court, the probation officer may permit the minor
20    found to be within the jurisdiction of the court to participate in a program of work restitution or
21    community service in lieu of paying part or all of the fine imposed by the court. The work
22    restitution or community service permitted by the probation officer may not affect the amount of
23    the surcharge.
24        (l) In violations of traffic laws within the court's jurisdiction, the court may, in addition
25    to any other disposition, restrain the minor from driving for periods of time the court considers
26    necessary and take possession of the minor's driver license. However, proceedings involving an
27    offense under Section 78-3a-517 are governed by that section regarding suspension of driving
28    privileges.
29        (m) (i) When a minor is found within the jurisdiction of the juvenile court under Section
30    78-3a-104 because of violating Section 58-37-8, Title 58, Chapter 37a, Utah Drug Paraphernalia
31    Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court shall, in addition to

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1    any fines or fees otherwise imposed, order that the minor perform a minimum of 20 hours, but no
2    more than 100 hours, of community service. Satisfactory completion of an approved substance
3    abuse prevention or treatment program may be credited by the court as community service hours.
4        (ii) When a minor is found within the jurisdiction of the juvenile court under Section
5    78-3a-104 because of a violation of Section 32A-12-209 or Subsection 76-9-701(1), the court may,
6    upon the first adjudication, and shall, upon a second or subsequent adjudication, order that the
7    minor perform a minimum of 20 hours, but no more than 100 hours of community service, in
8    addition to any fines or fees otherwise imposed. Satisfactory completion of an approved substance
9    abuse prevention or treatment program may be credited by the court as community service hours.
10        (n) The court may order that the minor be examined or treated by a physician, surgeon,
11    psychiatrist, or psychologist or that he receive other special care. For these purposes the court may
12    place the minor in a hospital or other suitable facility.
13        (o) (i) The court may appoint a guardian for the minor if it appears necessary in the interest
14    of the minor, and may appoint a public or private institution or agency as guardian in which legal
15    custody of the minor is vested.
16        (ii) In placing a minor under the guardianship or legal custody of an individual or of a
17    private agency or institution, the court shall give primary consideration to the welfare of the minor.
18    When practicable, the court may take into consideration the religious preferences of the minor and
19    of [his] the minor's parents.
20        (p) (i) In support of a decree under Section 78-3a-104, the court may order reasonable
21    conditions to be complied with by the parents or guardian, the minor, [his] the minor's custodian,
22    or any other person who has been made a party to the proceedings. Conditions may include:
23        (A) visitation by the parents or one parent;
24        (B) restrictions on the minor's associates;
25        (C) restrictions on the minor's occupation and other activities; and
26        (D) requirements to be observed by the parents or custodian.
27        (ii) A minor, whose parents or guardians successfully complete a family or other
28    counseling program, may be credited by the court for detention, confinement, or probation time.
29        (q) The court may order the minor to be placed in the legal custody of the Division of
30    Mental Health or committed to the physical custody of a local mental health authority, in
31    accordance with the procedures and requirements of Title 62A, Chapter 12, Part 2A.

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1        (r) The court may make an order committing a minor within its jurisdiction to the Utah
2    State Developmental Center if the minor has been found mentally retarded in accordance with the
3    provisions of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility. The
4    procedure applicable in the district courts with respect to judicial commitments to the Utah State
5    Developmental Center shall be followed by the juvenile court in these cases.
6        (s) The court may terminate all parental rights upon a finding of compliance with the
7    provisions of Part 4, Termination of Parental Rights Act.
8        (t) The court may make any other reasonable orders for the best interest of the minor or
9    as required for the protection of the public, except that a person younger than 18 years of age may
10    not be committed to jail or prison, and offenses under Section 78-3a-517 are governed by that
11    section regarding suspension of driving privileges.
12        (u) The court may combine several of the above-listed modes of disposition if they are
13    compatible.
14        (v) Before depriving any parent of custody, the court shall give due consideration to the
15    rights of parents concerning their minors. The court may transfer custody to another person,
16    agency, or institution in accordance with the requirements and procedures of Part 3, Abuse,
17    Neglect, and Dependency Proceedings.
18        (w) Except as provided in Subsection (2)(y)(i), an order under this section for probation
19    or placement of a minor with an individual or an agency shall include a date certain for a review
20    of the case by the court. A new date shall be set upon each review.
21        (x) In reviewing foster home placements, special attention shall be given to making
22    adoptable minors available for adoption without delay.
23        (y) (i) The juvenile court may enter an order of permanent custody and guardianship with
24    a relative or individual of a minor where the court has previously acquired jurisdiction as a result
25    of an adjudication of abuse, neglect, or dependency, excluding cases arising under Subsection
26    78-3a-105(4).
27        (ii) Such orders remain in effect until the minor reaches majority and are not subject to
28    review under Section 78-3a-518, but may be modified by petition or motion as provided in Section
29    78-3a-903.
30        (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
31    permanent orders of custody and guardianship do not expire with a termination of jurisdiction of

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1    the juvenile court.
2        Section 2. Section 78-3a-901 is amended to read:
3         78-3a-901. Violation of order of court -- Contempt -- Penalty.
4        (1) Any person who willfully violates or refuses to obey any order of the court may be
5    proceeded against for contempt of court.
6        (2) Any person 18 years of age or older found in contempt of court may be punished [by:]
7    in accordance with Section 78-32-10.
8        [(a) a fine not to exceed $200;]
9        [(b) imprisonment not to exceed 30 days; or]
10        [(c) both.]
11         (3) (a) Any person younger than 18 years of age found in contempt of court may be
12    punished by[:] any disposition permitted under Section 78-3a-516.
13        [(i) a fine not to exceed $200;]
14        [(ii) commitment to the Division of Youth Corrections for not more than ten days; or]
15        [(iii) both.]
16         (b) The court may stay or suspend all or part of the [fine or the commitment to the
17    Division of Youth Corrections] punishment upon compliance with conditions imposed by the
18    court.
19        (4) The court may enforce orders of fines, fees, or restitution through garnishments, wage
20    withholdings, supplementary proceedings, or executions.

Legislative Review Note
    as of 12-10-96 11:05 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Judiciary Interim Committee recommended this bill.

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