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S.B. 134

1    

JUVENILE COURT RECODIFICATION - PHASE 2

2    
1997 GENERAL SESSION

3    
STATE OF UTAH

4    
Sponsor: Lyle W. Hillyard

5    AN ACT RELATING TO JUDICIAL CODE; MAKING ADJUSTMENTS AND
6    CORRECTIONS TO THE RECODIFICATION OF THE JUVENILE COURT ACT OF 1996;
7    CORRECTING CROSS-REFERENCES; MAKING TECHNICAL CORRECTIONS; AND
8    PROVIDING AN EFFECTIVE DATE.
9    This act affects sections of Utah Code Annotated 1953 as follows:
10    AMENDS:
11         32A-12-209, as last amended by Chapter 188, Laws of Utah 1996
12         53-3-204, as last amended by Chapters 1 and 71, Laws of Utah 1996
13         53-3-219, as last amended by Chapters 1 and 188, Laws of Utah 1996
14         53A-11-1001, as last amended by Chapter 1, Laws of Utah 1996
15         53A-11-1004, as last amended by Chapter 1, Laws of Utah 1996
16         62A-4a-105 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
17         62A-4a-105 (Superseded 07/01/97), as last amended by Chapters 1 and 314, Laws of Utah
18    1996
19         62A-7-101, as last amended by Chapter 1, Laws of Utah 1996
20         62A-7-102, as last amended by Chapter 1, Laws of Utah 1996
21         62A-7-104, as last amended by Chapter 1, Laws of Utah 1996
22         62A-7-201, as last amended by Chapters 1, 66, and 239, Laws of Utah 1996
23         62A-8-204, as last amended by Chapter 26, Laws of Utah 1991
24         62A-12-229, as last amended by Chapter 1, Laws of Utah 1996
25         62A-12-282.1, as enacted by Chapter 234, Laws of Utah 1996
26         63-63a-5, as last amended by Chapter 1, Laws of Utah 1996
27         63-63a-8, as last amended by Chapters 1 and 255, Laws of Utah 1996


1         76-9-701, as last amended by Chapters 141 and 188, Laws of Utah 1996
2         77-38-5, as last amended by Chapter 352, Laws of Utah 1995
3         78-3a-103, as enacted by Chapter 1 and last amended by Chapter 318, Laws of Utah 1996
4         78-3a-104, as enacted by Chapter 1 and last amended by Chapters 234 and 318, Laws of Utah
5    1996
6         78-3a-105, as enacted by Chapter 1, Laws of Utah 1996
7         78-3a-301, as last amended by Chapter 318, Laws of Utah 1996
8         78-3a-311, as last amended by Chapters 1, 314, and 318, Laws of Utah 1996
9         78-3a-411, as last amended by Chapter 1, Laws of Utah 1996
10         78-3a-502, as enacted by Chapter 1, Laws of Utah 1996
11         78-3a-503, as enacted by Chapter 1, Laws of Utah 1996
12         78-3a-603, as enacted by Chapter 1 and last amended by Chapters 66 and 239, Laws of Utah
13    1996
14         78-3a-903, as enacted by Chapter 1, Laws of Utah 1996
15         78-3a-905, as enacted by Chapter 1, Laws of Utah 1996
16         78-5-105, as last amended by Chapter 1, Laws of Utah 1996
17         78-11-20, as last amended by Chapters 1 and 142, Laws of Utah 1996
18         78-11-20.5, as last amended by Chapter 1, Laws of Utah 1996
19         78-11-20.7, as last amended by Chapters 1 and 142, Laws of Utah 1996
20    ENACTS:
21         78-3a-109, Utah Code Annotated 1953
22         78-3a-110, Utah Code Annotated 1953
23         78-3a-111, Utah Code Annotated 1953
24    REPEALS AND REENACTS:
25         78-3a-504, as enacted by Chapter 1, Laws of Utah 1996
26         78-3a-505, as enacted by Chapter 1, Laws of Utah 1996
27         78-3a-506, as enacted by Chapter 1, Laws of Utah 1996
28    RENUMBERS AND AMENDS:
29         78-3a-112, (Renumbered from 78-3a-507, as enacted by Chapter 1, Laws of Utah 1996)
30         78-3a-113, (Renumbered from 78-3a-508, as enacted by Chapter 1, Laws of Utah 1996)
31         78-3a-114, (Renumbered from 78-3a-509, as enacted by Chapter 1 and last amended by

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1    Chapter 66, Laws of Utah 1996)
2         78-3a-115, (Renumbered from 78-3a-511, as enacted by Chapter 1, Laws of Utah 1996)
3         78-3a-116, (Renumbered from 78-3a-512, as enacted by Chapter 1, Laws of Utah 1996)
4         78-3a-117, (Renumbered from 78-3a-515, as enacted by Chapter 1, Laws of Utah 1996)
5         78-3a-118, (Renumbered from 78-3a-516, as enacted by Chapter 1 and last amended by
6    Chapters 188, 234, and 318, Laws of Utah 1996)
7         78-3a-119, (Renumbered from 78-3a-518, as enacted by Chapter 1 and last amended by
8    Chapter 318, Laws of Utah 1996)
9         78-3a-120, (Renumbered from 78-3a-519, as enacted by Chapter 1, Laws of Utah 1996)
10         78-3a-121, (Renumbered from 78-3a-520, as enacted by Chapter 1 and last amended by
11    Chapter 234, Laws of Utah 1996)
12         78-3a-913, (Renumbered from 78-3a-513, as enacted by Chapter 1, Laws of Utah 1996)
13         78-3a-914, (Renumbered from 78-3a-521, as enacted by Chapter 1, Laws of Utah 1996)
14    REPEALS:
15         78-3a-510, as enacted by Chapter 1, Laws of Utah 1996
16         78-3a-514, as enacted by Chapter 1, Laws of Utah 1996
17         78-3a-517, as enacted by Chapter 1 and last amended by Chapter 188, Laws of Utah 1996
18    Be it enacted by the Legislature of the state of Utah:
19        Section 1. Section 32A-12-209 is amended to read:
20         32A-12-209. Unlawful purchase, possession, or consumption by minors.
21        (1) It is unlawful for any person under the age of 21 years to purchase, attempt to purchase,
22    solicit another person to purchase, possess, or consume any alcoholic beverage or product, unless
23    specifically authorized by this title.
24        (2) It is unlawful for any person under the age of 21 years to misrepresent his age, or for
25    any other person to misrepresent the age of a minor, for the purpose of purchasing or otherwise
26    obtaining an alcoholic beverage or product for a minor.
27        (3) It is unlawful for any person under the age of 21 years to possess or consume any
28    alcoholic beverage while riding in a limousine or chartered bus.
29        (4) When a person who is at least 13 years old, but younger than 18 years old, is found by
30    the court to have violated this section, the provisions regarding suspension of the driver's license
31    under Section [78-3a-517] 78-3a-506 apply to the violation.

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1        (5) When the court has issued an order suspending a person's driving privileges for a
2    violation of this section, the Driver License Division shall suspend the person's license under the
3    provisions of Section 53-3-219.
4        (6) When the Department of Public Safety receives the arrest or conviction record of a
5    person for a driving offense committed while his license is suspended pursuant to this section, the
6    department shall extend the suspension for an additional like period of time.
7        (7) A violation of this section is a class B misdemeanor.
8        Section 2. Section 53-3-204 is amended to read:
9         53-3-204. Persons who may not be licensed.
10        (1) (a) The division may not license a person younger than 16 years of age or a person
11    who has not completed a course in driver training approved by the commissioner.
12        (b) Subsection (a) does not apply to a person:
13        (i) who has been licensed before July 1, 1967; or
14        (ii) who is 16 years of age or older making application for a license who has been licensed
15    in another state or country.
16        (2) The division may not issue a license certificate to a person:
17        (a) whose license has been suspended, denied, cancelled, or disqualified during the period
18    of suspension, denial, cancellation, or disqualification;
19        (b) whose privilege has been revoked, except as provided in Section 53-3-225;
20        (c) who has previously been adjudged mentally incompetent and who has not at the time
21    of application been restored to competency as provided by law;
22        (d) who is required by this chapter to take an examination unless the person successfully
23    passes the examination; or
24        (e) whose driving privileges have been denied or suspended under:
25        (i) Section [78-3a-517] 78-3a-506 by an order of the juvenile court; or
26        (ii) Section 53-3-231.
27        (3) The division may grant a class D or M license to a person whose commercial license
28    is disqualified under Part 4 of this chapter if the person is not otherwise sanctioned under this
29    chapter.
30        Section 3. Section 53-3-219 is amended to read:
31         53-3-219. Suspension of juvenile driving privileges.

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1        (1) The division shall immediately suspend all driving privileges of any person upon
2    receipt of an order suspending driving privileges under Section 32A-12-209, Subsection
3    76-9-701(1), or Section [78-3a-517] 78-3a-506.
4        (a) Upon receipt of the first order suspending a person's driving privileges, the division
5    shall impose a suspension for 90 days or, if the person is under the age of eligibility for a driver
6    license, deny application for a driver license for the first 90 days following the date of eligibility.
7        (b) Upon receipt of a second order suspending a person's driving privileges, the division
8    shall impose a suspension for six months or, if the person is under the age of eligibility for a driver
9    license, deny application for a driver license for the first six months following the date of
10    eligibility.
11        (c) Upon receipt of a third or subsequent order suspending a person's driving privileges,
12    the division shall impose a suspension for one year or, if the person is under the age of eligibility
13    for a driver license, deny application for a driver license for one year beginning on the date of
14    eligibility.
15        (2) (a) After reinstatement of the license under Subsection (1)(a), a report authorized under
16    Section 53-3-104 may not contain evidence of the suspension of a juvenile's license under this
17    section if he has not been convicted of any other offense for which the suspension under
18    Subsection (1)(a) may be extended.
19        (b) A person whose license is suspended solely by an order made in accordance with
20    Section 32A-12-209, Subsection 76-9-701(1), or Section [78-3a-517] 78-3a-506 is exempt from
21    Sections 41-12a-411 and 41-12a-412.
22        Section 4. Section 53A-11-1001 is amended to read:
23         53A-11-1001. Notification of juvenile adjudication by juvenile court.
24        Notifications received from the juvenile court by the school district pursuant to Subsection
25    [78-3a-516] 78-3a-118(1)(b) shall be governed by this part.
26        Section 5. Section 53A-11-1004 is amended to read:
27         53A-11-1004. Liability for release of information.
28        (1) The district superintendent, principal, and any staff member notified by the principal
29    may not be held liable for information which may become public knowledge unless it can be
30    shown by clear and convincing evidence that the information became public knowledge through
31    an intentional act of the superintendent, principal, or staff member.

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1        (2) A person receiving information under Subsection [78-3a-516] 78-3a-118(1)(b) or
2    Section 53A-11-1002 is immune from any liability, civil or criminal, for acting or failing to act
3    in response to the information unless the person acts or fails to act due to malice, gross negligence,
4    or deliberate indifference to the consequences.
5        Section 6. Section 62A-4a-105 (Effective 07/01/97) is amended to read:
6         62A-4a-105 (Effective 07/01/97). Division responsibilities.
7        The division shall:
8        (1) administer services to children and families, including child welfare services, youth
9    services, domestic violence services, and all other responsibilities the Legislature or the executive
10    director may assign to the division;
11        (2) establish standards for all contract providers of out-of-home care for children and
12    families;
13        (3) cooperate with the federal government in the administration of child welfare, youth
14    services, and domestic violence programs and other human service activities assigned by the
15    department;
16        (4) provide for the compilation of relevant information, statistics, and reports on child and
17    family service matters in the state;
18        (5) prepare and submit to the department, the governor, and the Legislature reports of the
19    operation and administration of the division in accordance with the requirements of Sections
20    62A-4a-117 and 62A-4a-118;
21        (6) promote and enforce state and federal laws enacted for the protection of abused,
22    neglected, dependent, delinquent, ungovernable, and runaway children, and status offenders, in
23    accordance with the requirements of this chapter, unless administration is expressly vested in
24    another division or department of the state. In carrying out this subsection the division shall
25    cooperate with the juvenile courts, the Division of Youth Corrections, and with all public and
26    private licensed child welfare agencies and institutions to develop and administer a broad range
27    of services and supports. The division shall take the initiative in all matters involving the
28    protection of abused or neglected children if adequate provisions have not been made or are not
29    likely to be made, and shall make expenditures necessary for the care and protection of those
30    children, within the division's budget;
31        (7) provide substitute care for dependent, abused, neglected, and delinquent children,

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1    establish standards for substitute care facilities, and approve those facilities;
2        (8) provide financial support to persons adopting physically handicapped, mentally
3    handicapped, older, or other hard-to-place children who, immediately prior to adoption, were legal
4    wards of the state. The financial support provided under this subsection may not exceed the
5    amounts the division would provide for the child as a legal ward of the state;
6        (9) cooperate with the Division of Employment Development in the Department of
7    Workforce Services in meeting social and economic needs of individuals eligible for public
8    assistance;
9        (10) conduct court-ordered home evaluations for the district and juvenile courts with
10    regard to child custody issues. The court shall order either the plaintiff, defendant, or both parties
11    to reimburse the division for the cost of that evaluation, in accordance with the community rate
12    for that service or with the department's fee schedule rate;
13        (11) provide noncustodial and in-home preventive services, designed to prevent family
14    breakup, family preservation services, and reunification services to families whose children are
15    in substitute care in accordance with the requirements of this chapter and Title 78, Chapter 3a,
16    Juvenile Courts;
17        (12) provide protective supervision of a family, upon court order, in an effort to eliminate
18    abuse or neglect of a child in that family;
19        (13) provide services to runaway and ungovernable children and their families;
20        (14) provide shelter care in accordance with the requirements of this chapter and Title 78,
21    Chapter 3a;
22        (15) provide social studies and reports for the juvenile court in accordance with Section
23    [78-3a-514] 78-3a-505;
24        (16) arrange for and provide training for staff and providers involved in the administration
25    and delivery of services offered by the division in accordance with this chapter;
26        (17) provide domestic violence services in accordance with the requirements of federal
27    law, and establish standards for all direct or contract providers of domestic violence services.
28    Within appropriations from the Legislature, the division shall provide or contract for a variety of
29    domestic violence services and treatment methods;
30        (18) ensure regular, periodic publication regarding the number of children in the custody
31    of the division who have a permanency goal of adoption and who are eligible for adoption, and

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1    promote adoption of those children; and
2        (19) perform such other duties and functions as required by law.
3        Section 7. Section 62A-4a-105 (Superseded 07/01/97) is amended to read:
4         62A-4a-105 (Superseded 07/01/97). Division responsibilities.
5        The division shall:
6        (1) administer services to children and families, including child welfare services, youth
7    services, domestic violence services, and all other responsibilities the Legislature or the executive
8    director may assign to the division;
9        (2) establish standards for all contract providers of out-of-home care for children and
10    families;
11        (3) cooperate with the federal government in the administration of child welfare, youth
12    services, and domestic violence programs and other human service activities assigned by the
13    department;
14        (4) provide for the compilation of relevant information, statistics, and reports on child and
15    family service matters in the state;
16        (5) prepare and submit to the department, the governor, and the Legislature reports of the
17    operation and administration of the division in accordance with the requirements of Sections
18    62A-4a-117 and 62A-4a-118;
19        (6) promote and enforce state and federal laws enacted for the protection of abused,
20    neglected, dependent, delinquent, ungovernable, and runaway children, and status offenders, in
21    accordance with the requirements of this chapter, unless administration is expressly vested in
22    another division or department of the state. In carrying out this subsection the division shall
23    cooperate with the juvenile courts, the Division of Youth Corrections, and with all public and
24    private licensed child welfare agencies and institutions to develop and administer a broad range
25    of services and supports. The division shall take the initiative in all matters involving the
26    protection of abused or neglected children if adequate provisions have not been made or are not
27    likely to be made, and shall make expenditures necessary for the care and protection of those
28    children, within the division's budget;
29        (7) provide substitute care for dependent, abused, neglected, and delinquent children,
30    establish standards for substitute care facilities, and approve those facilities;
31        (8) provide financial support to persons adopting physically handicapped, mentally

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1    handicapped, older, or other hard-to-place children who, immediately prior to adoption, were legal
2    wards of the state. The financial support provided under this subsection may not exceed the
3    amounts the division would provide for the child as a legal ward of the state;
4        (9) cooperate with the Office of Family Support in meeting social and economic needs of
5    individuals eligible for public assistance;
6        (10) conduct court-ordered home evaluations for the district and juvenile courts with
7    regard to child custody issues. The court shall order either the plaintiff, defendant, or both parties
8    to reimburse the division for the cost of that evaluation, in accordance with the community rate
9    for that service or with the department's fee schedule rate;
10        (11) provide noncustodial and in-home preventive services, designed to prevent family
11    breakup, family preservation services, and reunification services to families whose children are
12    in substitute care in accordance with the requirements of this chapter and Title 78, Chapter 3a,
13    Juvenile Courts;
14        (12) provide protective supervision of a family, upon court order, in an effort to eliminate
15    abuse or neglect of a child in that family;
16        (13) provide services to runaway and ungovernable children and their families;
17        (14) provide shelter care in accordance with the requirements of this chapter and Title 78,
18    Chapter 3a;
19        (15) provide social studies and reports for the juvenile court in accordance with Section
20    [78-3a-514] 78-3a-505;
21        (16) arrange for and provide training for staff and providers involved in the administration
22    and delivery of services offered by the division in accordance with this chapter;
23        (17) provide domestic violence services in accordance with the requirements of federal
24    law, and establish standards for all direct or contract providers of domestic violence services.
25    Within appropriations from the Legislature, the division shall provide or contract for a variety of
26    domestic violence services and treatment methods;
27        (18) ensure regular, periodic publication regarding the number of children in the custody
28    of the division who have a permanency goal of adoption and who are eligible for adoption, and
29    promote adoption of those children; and
30        (19) perform such other duties and functions as required by law.
31        Section 8. Section 62A-7-101 is amended to read:

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1         62A-7-101. Definitions.
2        As used in this chapter:
3        (1) "Authority" means the Youth Parole Authority, established in accordance with Section
4    62A-7-109.
5        (2) "Board" means the Board of Youth Corrections established in accordance with Section
6    62A-1-105.
7        (3) "Community-based program" means a nonsecure residential or nonresidential program
8    designated to supervise and rehabilitate youth offenders in the least restrictive setting, consistent
9    with public safety, and designated or operated by or under contract with the division.
10        (4) "Court" means the juvenile court.
11        (5) "Delinquent act" is an act which would constitute a felony or a misdemeanor if
12    committed by an adult.
13        (6) "Detention" means secure detention or home detention.
14        (7) "Detention center" means a facility established in accordance with Part 2 of this
15    chapter.
16        (8) "Director" means the director of the Division of Youth Corrections.
17        (9) "Discharge" means a written order of the division that removes a youth offender from
18    its jurisdiction.
19        (10) "Division" means the Division of Youth Corrections.
20        (11) "Guidelines" means the written statewide rules for admission to secure detention and
21    home detention promulgated by the division in accordance with Sections 63-46a-4 and 63-46a-6.
22        (12) "Home detention" means predispositional placement of a child in the child's home
23    or a surrogate home with the consent of the child's parent, guardian, or custodian for conduct by
24    a child who is alleged to have committed a delinquent act or postdispositional placement pursuant
25    to Subsection [78-3a-516] 78-3a-118(2)(f) or 78-3a-901(3).
26        (13) "Observation and assessment program" means a service program operated or
27    purchased by the division, that is responsible for temporary custody of youth offenders for
28    observation.
29        (14) "Parole" means a conditional release of a youth offender from residency in a secure
30    facility to live outside that facility under the supervision of the Division of Youth Corrections or
31    other person designated by the division.

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1        (15) "Rescission" means a written order of the Youth Parole Authority that rescinds a
2    parole date.
3        (16) "Revocation of parole" means a written order of the Youth Parole Authority that
4    terminates parole supervision of a youth offender and directs return of the youth offender to the
5    custody of a secure facility because of a violation of the conditions of parole.
6        (17) "Secure detention" means predisposition placement in a facility operated by or under
7    contract with the division, for conduct by a child who is alleged to have committed a delinquent
8    act.
9        (18) "Secure facility" means any facility operated by or under contract with the division,
10    that provides 24-hour supervision and confinement for youth offenders committed to the division
11    for custody and rehabilitation.
12        (19) "Shelter" means the temporary care of children in physically unrestricted facilities
13    pending court disposition or transfer to another jurisdiction.
14        (20) "Termination" means a written order of the Youth Parole Authority that terminates
15    a youth offender from parole.
16        (21) "Work program" means a public or private service work project established and
17    administered by the division for youth offenders for the purpose of rehabilitation, education, and
18    restitution to victims.
19        (22) "Youth offender" means a person over 12 years of age and under 21 years of age,
20    committed or admitted by the juvenile court to the custody, care, and jurisdiction of the division,
21    for confinement in a secure facility or supervision in the community, following adjudication for
22    a delinquent act which would constitute a felony or misdemeanor if committed by an adult.
23        Section 9. Section 62A-7-102 is amended to read:
24         62A-7-102. Creation of division -- Jurisdiction.
25        There is created the Division of Youth Corrections within the department, under the
26    administration and supervision of the executive director, and under the policy direction of the
27    board. The division has jurisdiction over all youth committed to it pursuant to Section [78-3a-516]
28    78-3a-118.
29        Section 10. Section 62A-7-104 is amended to read:
30         62A-7-104. Division responsibilities.
31        (1) The division is responsible for all youth offenders committed to it by juvenile courts

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1    for secure confinement or supervision and treatment in the community.
2        (2) The division shall establish and maintain all detention and secure facilities and set
3    minimum standards for those facilities.
4        (3) (a) The division shall, in accordance with Title 63, Chapter 46a, Utah Administrative
5    Rulemaking Act, promulgate written statewide rules as guidelines for admission to secure
6    detention and home detention.
7        (b) The division shall implement those rules as guidelines and provide training regarding
8    the implementation of those guidelines to law enforcement agencies, division employees, juvenile
9    court employees, and to other affected agencies and individuals upon their request.
10        (4) The division shall establish and administer a continuum of community, secure, and
11    nonsecure programs for all youth offenders committed to the division.
12        (5) The division shall place youth offenders committed to it in the most appropriate
13    program for supervision and treatment.
14        (6) The division shall establish and maintain all secure residential facilities.
15        (7) In any order committing a youth offender to the division, the juvenile court shall
16    specify whether the youth offender is being committed for secure confinement or placement in a
17    community-based program. The division shall place the youth offender in the most appropriate
18    program within the category specified by the court.
19        (8) The division shall employ staff necessary to supervise youth offenders in detention
20    facilities or on parole, and to supervise and coordinate treatment of youth offenders committed to
21    the division for placement in community-based programs.
22        (9) The division shall establish observation and assessment programs necessary to serve
23    youth offenders committed by the juvenile court for short-term observation under Subsection
24    [78-3a-516] 78-3a-118(2)(e). Whenever possible, those programs shall be conducted in settings
25    separate and distinct from secure facilities for youth offenders.
26        (10) The director of the division shall appoint regional administrators within the various
27    juvenile court districts. Regional administrators shall administer community-based programs and
28    secure facilities, and shall have experience in corrections, behavioral sciences, law, criminology,
29    or related fields, and in administration.
30        (11) The division shall establish and operate work programs designed to place youth
31    offenders in public or private service work projects for the purpose of rehabilitation, education,

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1    and restitution to victims.
2        (12) The division may establish and operate work programs for youth offenders committed
3    to the division by the juvenile court. The work program shall:
4        (a) provide labor to help in the operation, repair, and maintenance of public facilities,
5    parks, highways, and other programs designated by the division;
6        (b) provide educational and prevocational programs in cooperation with the State Board
7    of Education for youth offenders placed in the program; and
8        (c) provide counseling to youth offenders.
9        (13) The division shall establish minimum standards for the operation of all private
10    residential and nonresidential rehabilitation facilities which provide services to juveniles who have
11    committed a delinquent act, in this state or in any other state.
12        (14) In accordance with policies established by the board, the division shall provide
13    regular training for staff of secure facilities, detention staff, case management staff, and staff of
14    the community-based programs.
15        Section 11. Section 62A-7-201 is amended to read:
16         62A-7-201. Confinement -- Facilities -- Restrictions.
17        (1) Children under 18 years of age, who are apprehended by any officer or brought before
18    any court for examination under any provision of state law, may not be confined in jails, lockups,
19    or cells used for ordinary criminals or persons charged with crime, or in secure postadjudication
20    correctional facilities operated by the division, except as provided by specific statute and in
21    conformance with approved standards.
22        (2) (a) Children charged by information or indictment with crimes as a serious youth
23    offender under Section 78-3a-602 or certified to stand trial as an adult pursuant to Section
24    78-3a-603 may be detained in a jail or other place of detention used for adults.
25        (b) Children detained in adult facilities under Section 78-3a-602 or 78-3a-603 prior to a
26    hearing before a magistrate, or under Subsection [78-3a-509] 78-3a-114(3), may only be held in
27    certified juvenile detention accommodations in accordance with rules promulgated by the division.
28    Those rules shall include standards for acceptable sight and sound separation from adult inmates.
29    The division certifies facilities that are in compliance with the division's standards.
30        (3) In areas of low density population, the division may, by rule, approve juvenile holding
31    accommodations within adult facilities that have acceptable sight and sound separation. Those

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1    facilities shall be used only for short-term holding purposes, with a maximum confinement of six
2    hours, for children alleged to have committed an act which would be a criminal offense if
3    committed by an adult. Acceptable short-term holding purposes are: identification, notification
4    of juvenile court officials, processing, and allowance of adequate time for evaluation of needs and
5    circumstances regarding release or transfer to a shelter or detention facility.
6        (4) Children who are alleged to have committed an act which would be a criminal offense
7    if committed by an adult, may be detained in holding rooms in local law enforcement agency
8    facilities for a maximum of two hours, for identification or interrogation, or while awaiting release
9    to a parent or other responsible adult. Those rooms shall be certified by the division, according
10    to the division's rules. Those rules shall include provisions for constant supervision and for sight
11    and sound separation from adult inmates.
12        (5) Willful failure to comply with any of the provisions of this section is a class B
13    misdemeanor.
14        (6) The division is responsible for the custody and detention of children under 18 years
15    of age who require detention care prior to trial or examination, or while awaiting assignment to
16    a home or facility, as a dispositional placement under Subsection [78-3a-516] 78-3a-118(2)(f)(i)
17    or 78-3a-901(3)(a), and of youth offenders under Subsection 62A-7-112(8). The division shall
18    provide standards for custody or detention under Subsections (2)(b), (3), and (4), and shall
19    determine and set standards for conditions of care and confinement of children in detention
20    facilities. All other custody or detention shall be provided by the division, or by contract with a
21    public or private agency willing to undertake temporary custody or detention upon agreed terms,
22    or in suitable premises distinct and separate from the general jails, lockups, or cells used in law
23    enforcement and corrections systems.
24        (7) A child who willfully and intentionally damages a jail or other place of confinement
25    as provided in Section 76-8-418, including a detention, shelter, or secure confinement facility,
26    operated by the Division of Youth Corrections, commits an act which would be a third degree
27    felony if committed by an adult.
28        Section 12. Section 62A-8-204 is amended to read:
29         62A-8-204. Court order to attend substance abuse school -- Assessments.
30        (1) In addition to any other disposition ordered by the juvenile court pursuant to Section
31    [78-3a-39] 78-3a-118, the court may order a juvenile and his parents or legal guardians to attend

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1    a teen substance abuse school, and order payment of an assessment in addition to any other fine
2    imposed.
3        (2) All assessments collected shall be forwarded to the county treasurer of the county
4    where the juvenile resides, to be used exclusively for the operation of a teen substance abuse
5    program.
6        Section 13. Section 62A-12-229 is amended to read:
7         62A-12-229. Release from commitment.
8        (1) A local mental health authority or its designee shall release from commitment any
9    person who, in the opinion of the local mental health authority or its designee, has recovered or
10    no longer meets the criteria specified in Section 62A-12-234.
11        (2) A local mental health authority or its designee may release from commitment any
12    patient whose commitment is determined to be no longer advisable except as provided by Section
13    [78-3a-520] 78-3a-121, but an effort shall be made to assure that any further supportive services
14    required to meet the patient's needs upon release will be provided.
15        (3) When a patient has been committed to a local mental health authority by judicial
16    process, the local mental health authority shall follow the procedures described in Sections
17    62A-12-240 and 62A-12-241.
18        Section 14. Section 62A-12-282.1 is amended to read:
19         62A-12-282.1. Residential and inpatient settings -- Commitment proceeding -- Child
20     in physical custody of local mental health authority.
21        (1) A child may receive services from a local mental health authority in an inpatient or
22    residential setting only after a commitment proceeding, for the purpose of transferring physical
23    custody, has been conducted in accordance with the requirements of this section.
24        (2) That commitment proceeding shall be initiated by a petition for commitment, and shall
25    be a careful, diagnostic inquiry, conducted by a neutral and detached fact finder, pursuant to the
26    procedures and requirements of this section. If the findings described in Subsection (4) exist, the
27    proceeding shall result in the transfer of physical custody to the appropriate local mental health
28    authority, and the child may be placed in an inpatient or residential setting.
29        (3) The neutral and detached fact finder who conducts the inquiry:
30        (a) shall be a designated examiner, as defined in Subsection 62A-12-202(3); and
31        (b) may not profit, financially or otherwise, from the commitment or physical placement

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1    of the child in that setting.
2        (4) Upon determination by the fact finder that the following circumstances clearly exist,
3    he may order that the child be committed to the physical custody of a local mental health authority:
4        (a) the child has a mental illness, as defined in Subsection 62A-12-202(8);
5        (b) the child demonstrates a risk of harm to himself or others;
6        (c ) the child is experiencing significant impairment in his ability to perform socially;
7        (d) the child will benefit from care and treatment by the local mental health authority; and
8        (e) there is no appropriate less-restrictive alternative.
9        (5) (a) The commitment proceeding before the neutral and detached fact finder shall be
10    conducted in as informal manner as possible, and in a physical setting that is not likely to have a
11    harmful effect on the child.
12        (b) The child, the child's parent or legal guardian, the person who submitted the petition
13    for commitment, and a representative of the appropriate local mental health authority shall all
14    receive informal notice of the date and time of the proceeding. Those parties shall also be afforded
15    an opportunity to appear and to address the petition for commitment.
16        (c) The neutral and detached fact finder may, in his discretion, receive the testimony of
17    any other person.
18        (d) The fact finder may allow the child to waive his right to be present at the commitment
19    proceeding, for good cause shown. If that right is waived, the purpose of the waiver shall be made
20    a matter of record at the proceeding.
21        (e) At the time of the commitment proceeding, the appropriate local mental health
22    authority, its designee, or the psychiatrist who has been in charge of the child's care prior to the
23    commitment proceeding, shall provide the neutral and detached fact finder with the following
24    information, as it relates to the period of current admission:
25        (i) the petition for commitment;
26        (ii) the admission notes;
27        (iii) the child's diagnosis;
28        (iv) physicians' orders;
29        (v) progress notes;
30        (vi) nursing notes; and
31        (vii) medication records.

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1        (f) The information described in Subsection (e) shall also be provided to the child's parent
2    or legal guardian upon written request.
3        (g) (i) The neutral and detached fact finder's decision of commitment shall state the
4    duration of the commitment. Any commitment to the physical custody of a local mental health
5    authority may not exceed 180 days. Prior to expiration of the commitment, and if further
6    commitment is sought, a hearing shall be conducted in the same manner as the initial commitment
7    proceeding, in accordance with the requirements of this section.
8        (ii) When a decision for commitment is made, the neutral and detached fact finder shall
9    inform the child and his parent or legal guardian of that decision, and of the reasons for ordering
10    commitment at the conclusion of the hearing, and also in writing.
11        (iii) The neutral and detached fact finder shall state in writing the basis of his decision,
12    with specific reference to each of the criteria described in Subsection (4), as a matter of record.
13        (6) Absent the procedures and findings required by this section, a child may be temporarily
14    committed to the physical custody of a local mental health authority only in accordance with the
15    emergency procedures described in Subsection 62A-12-232(1) or (2). A child temporarily
16    committed in accordance with those emergency procedures may be held for a maximum of 72
17    hours, excluding Saturdays, Sundays, and legal holidays. At the expiration of that time period, the
18    child shall be released unless the procedures and findings required by this section have been
19    satisfied.
20        (7) A local mental health authority shall have physical custody of each child committed
21    to it under this section. The parent or legal guardian of a child committed to the physical custody
22    of a local mental health authority under this section, retains legal custody of the child, unless legal
23    custody has been otherwise modified by a court of competent jurisdiction. In cases when the
24    Division of Family Services or the Division of Youth Corrections has legal custody of a child, that
25    division shall retain legal custody for purposes of this part.
26        (8) The cost of caring for and maintaining a child in the physical custody of a local mental
27    health authority shall be assessed to and paid by the child's parents, according to their ability to
28    pay. For purposes of this section, the Division of Family Services or the Division of Youth
29    Corrections shall be financially responsible, in addition to the child's parents, if the child is in the
30    legal custody of either of those divisions at the time the child is committed to the physical custody
31    of a local mental health authority under this section, unless Medicaid regulation or contract

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1    provisions specify otherwise. The Office of Recovery Services shall assist those divisions in
2    collecting the costs assessed pursuant to this section.
3        (9) Whenever application is made for commitment of a minor to a local mental health
4    authority under any provision of this section by a person other than the child's parent or guardian,
5    the local mental health authority or its designee shall notify the child's parent or guardian. The
6    parents shall be provided sufficient time to prepare and appear at any scheduled proceeding.
7        (10) (a) Each child committed pursuant to this section is entitled to an appeal within 30
8    days after any order for commitment. The appeal may be brought on the child's own petition, or
9    that of his parent or legal guardian, to the juvenile court in the district where the child resides or
10    is currently physically located. With regard to a child in the custody of the Division of Family
11    Services or the Division of Youth Corrections, the attorney general's office shall handle the appeal,
12    otherwise the appropriate county attorney's office is responsible for appeals brought pursuant to
13    this subsection.
14        (b) Upon receipt of the petition for appeal, the court shall appoint a designated examiner
15    previously unrelated to the case, to conduct an examination of the child in accordance with the
16    criteria described in Subsection (4), and file a written report with the court. The court shall then
17    conduct an appeal hearing to determine whether the findings described in Subsection (4) exist by
18    clear and convincing evidence.
19        (c) Prior to the time of the appeal hearing, the appropriate local mental health authority,
20    its designee, or the mental health professional who has been in charge of the child's care prior to
21    commitment, shall provide the court and the designated examiner for the appeal hearing with the
22    following information, as it relates to the period of current admission:
23        (i) the original petition for commitment;
24        (ii) admission notes;
25        (iii) diagnosis;
26        (iv) physicians' orders;
27        (v) progress notes;
28        (vi) nursing notes; and
29        (vii) medication records.
30        (d) Both the neutral and detached fact finder and the designated examiner appointed for
31    the appeal hearing shall be provided with an opportunity to review the most current information

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1    described in Subsection (c) prior to the appeal hearing.
2        (e) The child, his parent or legal guardian, the person who submitted the original petition
3    for commitment, and a representative of the appropriate local mental health authority shall be
4    notified by the court of the date and time of the appeal hearing. Those persons shall be afforded
5    an opportunity to appear at the hearing. In reaching its decision, the court shall review the record
6    and findings of the neutral and detached fact finder, the report of the designated examiner
7    appointed pursuant to Subsection (b), and may, in its discretion, allow or require the testimony of
8    the neutral and detached fact finder, the designated examiner, the child, the child's parent or legal
9    guardian, the person who brought the initial petition for commitment, or any other person whose
10    testimony the court deems relevant. The court may allow the child to waive his right to appear at
11    the appeal hearing, for good cause shown. If that waiver is granted, the purpose shall be made a
12    part of the court's record.
13        (11) Each local mental health authority has an affirmative duty to conduct periodic
14    evaluations of the mental health and treatment progress of every child committed to its physical
15    custody under this section, and to release any child who has sufficiently improved so that the
16    criteria justifying commitment no longer exist.
17        (12) (a) A local mental health authority or its designee, in conjunction with the child's
18    current treating mental health professional may release an improved child to a less restrictive
19    environment, as they determine appropriate. Whenever the local mental health authority or its
20    designee, and the child's current treating mental health professional, determine that the conditions
21    justifying commitment no longer exist, the child shall be discharged and released to his parent or
22    legal guardian. With regard to a child who is in the physical custody of the State Hospital, the
23    treating psychiatrist or clinical director of the State Hospital shall be the child's current treating
24    mental health professional.
25        (b) A local mental health authority or its designee, in conjunction with the child's current
26    treating mental health professional, is authorized to issue a written order for the immediate
27    placement of a child not previously released from an order of commitment into a more restrictive
28    environment, if the local authority or its designee and the child's current treating mental health
29    professional has reason to believe that the less restrictive environment in which the child has been
30    placed is exacerbating his mental illness, or increasing the risk of harm to himself or others.
31        (c) The written order described in Subsection (b) shall include the reasons for placement

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1    in a more restrictive environment and shall authorize any peace officer to take the child into
2    physical custody and transport him to a facility designated by the appropriate local mental health
3    authority in conjunction with the child's current treating mental health professional. Prior to
4    admission to the more restrictive environment, copies of the order shall be personally delivered
5    to the child, his parent or legal guardian, the administrator of the more restrictive environment, or
6    his designee, and the child's former treatment provider or facility.
7        (d) If the child has been in a less restrictive environment for more than 30 days and is
8    aggrieved by the change to a more restrictive environment, the child or his representative may
9    request a review within 30 days of the change, by a neutral and detached fact finder as described
10    in Subsection (3). The fact finder shall determine whether:
11        (i) the less restrictive environment in which the child has been placed is exacerbating his
12    mental illness, or increasing the risk of harm to himself or others; or
13        (ii) the less restrictive environment in which the child has been placed is not exacerbating
14    his mental illness, or increasing the risk of harm to himself or others, in which case the fact finder
15    shall designate that the child remain in the less restrictive environment.
16        (e) Nothing in this section prevents a local mental health authority or its designee, in
17    conjunction with the child's current mental health professional, from discharging a child from
18    commitment or from placing a child in an environment that is less restrictive than that designated
19    by the neutral and detached fact finder.
20        (13) Each local mental health authority or its designee, in conjunction with the child's
21    current treating mental health professional shall discharge any child who, in the opinion of that
22    local authority, or its designee, and the child's current treating mental health professional, no
23    longer meets the criteria specified in Subsection (4), except as provided by Section [78-3a-40]
24    78-3a-121. The local authority and the mental health professional shall assure that any further
25    supportive services required to meet the child's needs upon release will be provided.
26        (14) Even though a child has been committed to the physical custody of a local mental
27    health authority pursuant to this section, the child is still entitled to additional due process
28    proceedings, in accordance with Section 62A-12-283.1, before any treatment which may affect a
29    constitutionally protected liberty or privacy interest is administered. Those treatments include, but
30    are not limited to, antipsychotic medication, electroshock therapy, and psychosurgery.
31        Section 15. Section 63-63a-5 is amended to read:

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1         63-63a-5. Substance Abuse Prevention Account established -- Funding -- Uses.
2        (1) There is created a restricted account within the General Fund known as the Substance
3    Abuse Prevention Account.
4        (2) (a) The Division of Finance shall allocate to the Substance Abuse Prevention Account
5    from the collected surcharge established in Section 63-63a-1:
6        (i) 2.5% for the juvenile court, but not to exceed the amount appropriated by the
7    Legislature; and
8        (ii) 2.5% for the State Office of Education, but not to exceed the amount appropriated by
9    the Legislature.
10        (b) The juvenile court shall use the allocation to pay for programs required by Subsection
11    [78-3a-516] 78-3a-118(2)(j).
12        (c) The State Office of Education shall use the allocation in public school programs for:
13        (i) substance abuse prevention and education;
14        (ii) substance abuse prevention training for teachers and administrators; and
15        (iii) district and school programs to supplement, not supplant, existing local prevention
16    efforts in cooperation with local substance abuse authorities.
17        Section 16. Section 63-63a-8 is amended to read:
18         63-63a-8. Children's Legal Defense Account.
19        (1) There is created a restricted account within the General Fund known as the Children's
20    Legal Defense Account.
21        (2) The purpose of the Children's Legal Defense Account is to provide for programs that
22    protect and defend the rights, safety, and quality of life of children.
23        (3) The Legislature shall appropriate money from the account for the administrative and
24    related costs of the following programs:
25        (a) implementing the Mandatory Educational Course on Children's Needs for Divorcing
26    Parents relating to the effects of divorce on children as provided in Sections 30-3-4, 30-3-7,
27    30-3-10.3, 30-3-11.3, 30-3-15.3, and 30-3-18, and the Mediation Pilot Program - Child Custody
28    or Visitation as provided in Sections 30-3-15.3, 30-3-18, and 30-3-19 through 30-3-31;
29        (b) implementing the use of guardians ad litem as provided in Sections 30-3-5.2,
30    78-3a-318, 78-3a-912, [78-3a-318,] 78-11-6, and 78-7-9; the training of guardian ad litems and
31    volunteers as provided in Section 78-3a-912; and termination of parental rights as provided in

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1    Sections [78-3a-516, 78-3a-518] 78-3a-118, 78-3a-119, 78-3a-903, and Title 78, Chapter [3f] 3a,
2    Part 4, Termination of Parental Rights Act. This account may not be used to supplant funding for
3    the guardian ad litem program in the juvenile court as provided in Section 78-3a-912;
4        (c) requiring community service for violation of visitation orders or failure to pay child
5    support as provided in Section 78-32-12.1;
6        (d) enforcing and administering the pilot program as provided in Section 78-32-12.3
7    establishing the sanctions for substantial noncompliance with visitation orders as provided in
8    Section 78-32-12.2; and
9        (e) implementing and administering the Child Visitation Pilot Program as provided in
10    Section 30-3-38.
11        (4) The following withheld fees shall be allocated only to the Children's Legal Defense
12    Account and used only for the purposes provided in Subsections (3)(a) through (c):
13        (a) the additional $10 fee withheld on every marriage license issued in the state of Utah
14    as provided in Section 17-5-214; and
15        (b) a fee of $2 shall be withheld from the existing civil filing fee collected on any
16    complaint, affidavit, or petition in a civil, probate, or adoption matter in every court of record.
17        (5) The Division of Finance shall allocate the monies described in Subsection (4) from the
18    General Fund to the Children's Legal Defense Account.
19        (6) Any funds in excess of $200,000 remaining in the restricted account as of June 30 of
20    any fiscal year shall lapse into the General Fund.
21        Section 17. Section 76-9-701 is amended to read:
22         76-9-701. Intoxication -- Release of arrested person or placement in detoxification
23     center.
24        (1) A person is guilty of intoxication if he is under the influence of alcohol, a controlled
25    substance, or any substance having the property of releasing toxic vapors, to a degree that the
26    person may endanger himself or another, in a public place or in a private place where he
27    unreasonably disturbs other persons.
28        (2) A peace officer or a magistrate may release from custody an individual arrested under
29    this section if he believes imprisonment is unnecessary for the protection of the individual or
30    another; or a peace officer may take the arrested person to a detoxification center or other special
31    facility as an alternative to incarceration or release from custody.

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1        (3) When a person who is at least 13 years old, but younger than 18 years old, is found by
2    the court to have violated this section, the provisions regarding suspension of the driver's license
3    under Section [78-3a-517] 78-3a-506 apply to the violation.
4        (4) When the court has issued an order suspending a person's driving privileges for a
5    violation of this section, the person's driver license shall be suspended under Section 53-3-219.
6        (5) An offense under this section is a class C misdemeanor.
7        Section 18. Section 77-38-5 is amended to read:
8         77-38-5. Application to felonies of the declaration of the rights of crime victims.
9        The provisions of this chapter shall apply to all felonies filed in the courts of the state and
10    to cases in the juvenile court as provided in Section [78-3a-33] 78-3a-115.
11        Section 19. Section 78-3a-103 is amended to read:
12         78-3a-103. Definitions.
13        (1) As used in this chapter:
14        (a) "Abused child" includes a minor less than 18 years of age who has suffered or been
15    threatened with nonaccidental physical or mental harm, negligent treatment, sexual exploitation,
16    or who has been the victim of any sexual abuse.
17        (b) "Adjudication" means a finding by the court, incorporated in a decree, that the facts
18    alleged in the petition have been proved.
19        (c) "Adult" means a person 18 years of age or over, except that persons 18 years or over
20    under the continuing jurisdiction of the juvenile court pursuant to Section [78-3a-520] 78-3a-121
21    shall be referred to as minors.
22        (d) "Board" means the Board of Juvenile Court Judges.
23        (e) "Child placement agency" means:
24        (i) a private agency licensed to receive minors for placement or adoption under this code;
25    or
26        (ii) a private agency receiving minors for placement or adoption in another state, which
27    agency is licensed or approved where such license or approval is required by law.
28        (f) "Commit" means to transfer legal custody.
29        (g) "Court" means the juvenile court.
30        (h) "Dependent child" includes a minor who is homeless or without proper care through
31    no fault of his parent, guardian, or custodian.

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1        (i) "Deprivation of custody" means transfer of legal custody by the court from a parent or
2    the parents or a previous legal custodian to another person, agency, or institution.
3        (j) "Detention" means home detention and secure detention as defined in Section
4    62A-7-101 for the temporary care of minors who require secure custody in physically restricting
5    facilities:
6        (i) pending court disposition or transfer to another jurisdiction; or
7        (ii) while under the continuing jurisdiction of the court.
8        (k) "Formal referral" means a written report from a peace officer or other person informing
9    the court that a minor is or appears to be within the court's jurisdiction and that a petition may be
10    filed.
11        (l) "Group rehabilitation therapy" means psychological and social counseling of one or
12    more persons in the group, depending upon the recommendation of the therapist.
13        (m) "Guardianship of the person" includes the authority to consent to marriage, to
14    enlistment in the armed forces, to major medical, surgical, or psychiatric treatment, and to legal
15    custody, if legal custody is not vested in another person, agency, or institution.
16        (n) "Legal custody" means a relationship embodying the following rights and duties:
17        (i) the right to physical custody of the minor;
18        (ii) the right and duty to protect, train, and discipline the minor;
19        (iii) the duty to provide the minor with food, clothing, shelter, education, and ordinary
20    medical care;
21        (iv) the right to determine where and with whom the minor shall live; and
22        (v) the right, in an emergency, to authorize surgery or other extraordinary care.
23        (o) "Minor" means a person under the age of 18 years. It includes the term "child" as used
24    in other parts of this chapter.
25        (p) "Natural parent" means a minor's biological or adoptive parent, and includes the
26    minor's noncustodial parent.
27        (q) (i) "Neglected child" means a minor:
28        (A) whose parent, guardian, or custodian has abandoned or subjected the minor to
29    mistreatment or abuse;
30        (B) who lacks proper parental care by reason of the fault or habits of the parent, guardian,
31    or custodian;

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1        (C) whose parent, guardian, or custodian fails or refuses to provide proper or necessary
2    subsistence, education, or medical care, including surgery or psychiatric services when required,
3    or any other care necessary for health, safety, morals, or well-being; or
4        (D) who is at risk of being a neglected or abused child as defined in this chapter because
5    another minor in the same home is a neglected or abused child as defined in this chapter.
6        (ii) The aspect of neglect related to education, described in Subsection (q)(i)(C), means
7    that, after receiving notice that a minor has been frequently absent from school without good
8    cause, or that the minor has failed to cooperate with school authorities in a reasonable manner, a
9    parent or guardian fails to make a good faith effort to ensure that the minor receives an appropriate
10    education.
11        (iii) A parent or guardian legitimately practicing religious beliefs and who, for that reason,
12    does not provide specified medical treatment for a minor, is not guilty of neglect.
13        (r) "Nonjudicial adjustment" means closure of the case by the assigned probation officer
14    without judicial determination upon the consent in writing of the minor, the parent, legal guardian
15    or custodian, and the assigned probation officer.
16        (s) "Probation" means a legal status created by court order following an adjudication on
17    the ground of a violation of law or under Section 78-3a-104, whereby the minor is permitted to
18    remain in his home under prescribed conditions and under supervision by the probation department
19    or other agency designated by the court, subject to return to the court for violation of any of the
20    conditions prescribed.
21        (t) "Protective supervision" means a legal status created by court order following an
22    adjudication on the ground of neglect or dependency, whereby the minor is permitted to remain
23    in his home, and supervision and assistance to correct the neglect or dependency is provided by
24    the probation department or other agency designated by the court.
25        (u) "Residual parental rights and duties" means those rights and duties remaining with the
26    parent after legal custody or guardianship, or both, have been vested in another person or agency,
27    including the responsibility for support, the right to consent to adoption, the right to determine the
28    child's religious affiliation, and the right to reasonable visitation unless restricted by the court. If
29    no guardian has been appointed, "residual parental rights and duties" also include the right to
30    consent to marriage, to enlistment, and to major medical, surgical, or psychiatric treatment.
31        (v) "Secure facility" means any facility operated by or under contract with the Division

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1    of Youth Corrections, that provides 24-hour supervision and confinement for youth offenders
2    committed to the division for custody and rehabilitation.
3        (w) "Shelter" means the temporary care of minors in physically unrestricted facilities
4    pending court disposition or transfer to another jurisdiction.
5        (x) "Termination of parental rights" means the permanent elimination of all parental rights
6    and duties, including residual parental rights and duties, by court order.
7        (y) "Therapist" means a person employed by a state division or agency for the purpose of
8    conducting psychological treatment and counseling of a minor in its custody, or any other person
9    licensed or approved by the state for the purpose of conducting psychological treatment and
10    counseling.
11        (2) As used in Part 3, Abuse, Neglect, and Dependency Proceedings, with regard to the
12    Division of Child and Family Services:
13        (a) "Custody" means the custody of a minor in the Division of Child and Family Services
14    as of the date of disposition.
15        (b) "Protective custody" means the shelter of a minor by the Division of Child and Family
16    Services from the time the minor is removed from home until the shelter hearing, or the minor's
17    return home, whichever occurs earlier.
18        (c) "Temporary custody" means the custody of a minor in the Division of Child and
19    Family Services from the date of the shelter hearing until disposition.
20        (3) In determining whether a minor is neglected or abused, as defined in this section, it
21    may be presumed that the person having the minor under his direct and exclusive care and control
22    at the time of the abuse is responsible for the neglect or abuse.
23        Section 20. Section 78-3a-104 is amended to read:
24         78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
25        (1) Except as otherwise provided by law, the juvenile court has exclusive original
26    jurisdiction in proceedings concerning:
27        (a) a minor who has violated any federal, state, or local law or municipal ordinance or a
28    person younger than 21 years of age who has violated any law or ordinance before becoming 18
29    years of age, regardless of where the violation occurred, excluding traffic laws and ordinances;
30        (b) a person 21 years of age or older who has failed or refused to comply with an order of
31    the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's 21st

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1    birthday; however, the continuing jurisdiction is limited to causing compliance with existing
2    orders;
3        (c) a minor who is abused, neglected, or dependent, as those terms are defined in Section
4    78-3a-103;
5        (d) the determination of the custody of a minor or to appoint a guardian of the person or
6    other guardian of a minor who comes within the court's jurisdiction under other provisions of this
7    section;
8        (e) the termination of the legal parent-child relationship in accordance with Part 4,
9    Termination of Parental Rights Act, including termination of residual parental rights and duties;
10        (f) the treatment or commitment of a mentally retarded minor;
11        (g) a minor who, in defiance of earnest and persistent efforts on the part of his parents and
12    school authorities as required under Section 53A-11-103, is a habitual truant from school;
13        (h) the judicial consent to the marriage of a minor under age 16 upon a determination of
14    voluntariness or where otherwise required by law, employment, or enlistment of a minor when
15    consent is required by law;
16        (i) any parent or parents of a minor committed to a secure youth corrections facility, to
17    order, at the discretion of the court and on the recommendation of a secure youth corrections
18    facility, the parent or parents of a minor committed to a secure youth corrections facility for a
19    custodial term, to undergo group rehabilitation therapy under the direction of a secure youth
20    corrections facility therapist, who has supervision of that parent's or parents' minor, or any other
21    therapist the court may direct, for a period directed by the court as recommended by a secure youth
22    corrections facility;
23        (j) a minor under Title 55, Chapter 12, Interstate Compact on Juveniles;
24        (k) the treatment or commitment of a mentally ill child. The court may commit a child to
25    the physical custody of a local mental health authority or to the legal custody of the Division of
26    Mental Health in accordance with the procedures and requirements of Title 62A, Chapter 12, Part
27    2A. The court may not commit a child directly to the Utah State Hospital; and
28        (l) the commitment of a minor in accordance with Section 62A-8-501.
29        (2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive
30    jurisdiction over any traffic offense committed by a minor under 16 years of age and concurrent
31    jurisdiction over [the following] all other traffic offenses committed by a minor 16 years of age

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1    or older, except that the court shall have exclusive jurisdiction over the following traffic offenses
2    committed by a minor under 18 years of age:
3        (a) Section 76-5-207, automobile homicide;
4        (b) Section 41-6-44, operating a vehicle while under the influence of alcohol or drugs;
5        (c) Section 41-6-45, reckless driving;
6        (d) Section 41-1a-1311, unauthorized control over a motor vehicle, trailer, or semitrailer;
7        (e) Section 41-1a-1314, unauthorized control over a motor vehicle, trailer, or semitrailer
8    for an extended period of time; and
9        (f) Section 41-6-13.5, fleeing a peace officer.
10        (3) The court also has jurisdiction over traffic offenses that are part of a single criminal
11    episode filed in a petition that contains an offense over which the court has jurisdiction.
12        (4) The juvenile court has jurisdiction over questions of custody, support, and visitation
13    certified to it by the district court.
14        (5) The juvenile court has jurisdiction over an ungovernable or runaway minor who is
15    referred to it by the Division of Child and Family Services or by public or private agencies that
16    contract with the division to provide services to that minor where, despite earnest and persistent
17    efforts by the division or agency, the minor has demonstrated that he:
18        (a) is beyond the control of his parent, guardian, lawful custodian, or school authorities
19    to the extent that his behavior or condition endangers his own welfare or the welfare of others; or
20        (b) has run away from home.
21        (6) This section does not restrict the right of access to the juvenile court by private
22    agencies or other persons.
23        (7) The juvenile court has jurisdiction of all magistrate functions relative to cases arising
24    under Section 78-3a-602.
25        Section 21. Section 78-3a-105 is amended to read:
26         78-3a-105. Concurrent jurisdiction.
27        (1) The district court or other court [exercising jurisdiction over a violation] has concurrent
28    jurisdiction with the juvenile court:
29        (a) when a person 18 years of age or older who is under the continuing jurisdiction of the
30    juvenile court under Section 78-3a-516 violates any federal, state, or local law or municipal
31    ordinance;

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1        (b) in adoption proceedings where the juvenile court has previously entered an order
2    terminating the rights of a parent and [the court] finds that adoption is in the best interests of the
3    minor. Adoption proceedings under this section shall follow the procedure in Title 78, Chapter 30,
4    Adoption.
5        (2) The juvenile court has jurisdiction over petitions to modify a minor's birth certificate
6    if the court otherwise has jurisdiction over the minor.
7        (3) (a) This section does not deprive the district court of jurisdiction to appoint a guardian
8    for a minor, or to determine the support, custody, and visitation of a minor upon writ of habeas
9    corpus or when the question of support, custody, and visitation is incidental to the determination
10    of a cause in the district court.
11        (b) However, if a petition involving the same minor is pending in the juvenile court or the
12    juvenile court has previously acquired continuing jurisdiction over the same minor, the district
13    court [may] shall certify the question of support, custody, and visitation to the juvenile court for
14    determination.
15        (4) A district court may at any time decline to pass upon a question of support, custody,
16    and visitation and may certify those questions to the juvenile court.
17        (5) When a question is certified to the juvenile court under Subsection (3) or (4), the
18    findings and order of the juvenile court judge are the order of the district court.
19        (6) (a) Where a support, custody, or visitation award has been made in a district court in
20    a divorce action or other proceeding and the jurisdiction of the district court in the case is
21    continuing, the juvenile court may acquire jurisdiction in a case involving the same minor if the
22    minor is dependent, abused, or neglected or otherwise comes within the jurisdiction of the juvenile
23    court under Section 78-3a-104.
24        (b) The juvenile court may by order change the custody, support, and visitation rights
25    previously ordered in the district court as necessary to implement the order of the juvenile court
26    for the safety and welfare of the minor. The juvenile court order remains in effect so long as the
27    jurisdiction of the juvenile court continues.
28        (7) Upon the filing of a copy of the findings and order of the juvenile court with the district
29    court, the findings and order of the juvenile court are binding on the parties to the divorce action
30    as though entered in the district court.
31        Section 22. Section 78-3a-109 is enacted to read:

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1         78-3a-109. Title of petition and other court documents -- Form and contents of
2     petition -- Order for temporary custody -- Physical or psychological examination of minor,
3     parent, or guardian -- Dismissal of petition.
4        (1) The petition and all subsequent court documents in the proceeding shall be entitled:
5        "State of Utah, in the interest of ...................., a person under 18 years of age (or a person
6    under 21 years of age)."
7        (2) The petition shall be verified and statements in the petition may be made upon
8    information and belief.
9        (3) The petition shall be written in simple and brief language and include the facts which
10    bring the minor within the jurisdiction of the court, as provided in Section 78-3a-104.
11        (4) The petition shall further state:
12        (a) the name, age, and residence of the minor;
13        (b) the names and residences of the minor's parents;
14        (c) the name and residence of the guardian, if there is one;
15        (d) the name and address of the nearest known relative, if no parent or guardian is known;
16    and
17        (e) the name and residence of the person having physical custody of the minor. If any of
18    the facts required are not known by the petitioner, the petition shall so state.
19        (5) At any time after a petition is filed, the court may make an order providing for
20    temporary custody of the minor.
21        (6) The court may order that a minor concerning whom a petition has been filed shall be
22    examined by a physician, surgeon, psychiatrist, or psychologist and may place the minor in a
23    hospital or other facility for examination. After notice and a hearing set for the specific purpose,
24    the court may order a similar examination of a parent or guardian whose ability to care for a minor
25    is at issue, if the court finds from the evidence presented at the hearing that the parent's or
26    guardian's physical, mental, or emotional condition may be a factor in causing the neglect,
27    dependency, or delinquency of the minor.
28        (7) The court may dismiss a petition at any stage of the proceedings.
29        Section 23. Section 78-3a-110 is enacted to read:
30         78-3a-110. Summons -- Service and process -- Issuance and contents -- Notice to
31     absent parent or guardian -- Emergency medical or surgical treatment -- Compulsory

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1     process for attendance of witnesses when authorized.
2        (1) After a petition is filed the court shall promptly issue a summons, unless the judge
3    directs that a further investigation is needed. No summons is required as to any person who
4    appears voluntarily or who files a written waiver of service with the clerk of the court at or prior
5    to the hearing.
6        (2) The summons shall contain:
7        (a) the name of the court;
8        (b) the title of the proceedings; and
9        (c) except for a published summons, a brief statement of the substance of the allegations
10    in the petition.
11        (3) A published summons shall state:
12        (a) that a proceeding concerning the minor is pending in the court; and
13        (b) an adjudication will be made.
14        (4) The summons shall require the person or persons who have physical custody of the
15    minor to appear personally and bring the minor before the court at a time and place stated. If the
16    person or persons summoned are not the parent, parents, or guardian of the minor, the summons
17    shall also be issued to the parent, parents, or guardian, as the case may be, notifying them of the
18    pendency of the case and of the time and place set for the hearing.
19        (5) Summons may be issued requiring the appearance of any other person whose presence
20    the court finds necessary.
21        (6) If it appears to the court that the welfare of the minor or of the public requires that the
22    minor be taken into custody, the court may by endorsement upon the summons direct that the
23    person serving the summons take the minor into custody at once.
24        (7) Upon the sworn testimony of one or more reputable physicians, the court may order
25    emergency medical or surgical treatment that is immediately necessary for a minor concerning
26    whom a petition has been filed pending the service of summons upon his parents, guardian, or
27    custodian.
28        (8) A parent or guardian is entitled to the issuance of compulsory process for the
29    attendance of witnesses on his own behalf or on behalf of the minor. A guardian ad litem or a
30    probation officer is entitled to compulsory process for the attendance of witnesses on behalf of the
31    minor.

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1        (9) Service of summons and process and proof of service shall be made in the manner
2    provided in the Utah Rules of Civil Procedure.
3        (10) Service of summons or process shall be made by the sheriff of the county where the
4    service is to be made, or by his deputy; but upon request of the court service shall be made by any
5    other peace officer, or by another suitable person selected by the court.
6        (11) Service of summons in the state shall be made personally, by delivering a copy to the
7    person summoned; provided, however, that parents of a minor living together at their usual place
8    of abode may both be served by personal delivery to either parent of copies of the summons, one
9    copy for each parent.
10        (12) If the judge makes a written finding that he has reason to believe that personal service
11    of the summons will be unsuccessful, or will not accomplish notification within a reasonable time
12    after issuance of the summons, he may order service by registered mail, with a return receipt to be
13    signed by the addressee only, to be addressed to the last-known address of the person to be served
14    in the state. Service shall be complete upon return to the court of the signed receipt.
15        (13) If the parents, parent, or guardian required to be summoned under Subsection (4)
16    cannot be found within the state, the fact of their minor's presence within the state shall confer
17    jurisdiction on the court in proceedings in minor's cases under this chapter as to any absent parent
18    or guardian, provided that due notice has been given in the following manner:
19        (a) If the address of the parent or guardian is known, due notice is given by sending him
20    a copy of the summons by registered mail with a return receipt to be signed by the addressee only,
21    or by personal service outside the state, as provided in the Utah Rules of Civil Procedure. Service
22    by registered mail shall be complete upon return to the court of the signed receipt.
23        (b) If the address or whereabouts of the parent or guardian outside the state cannot after
24    diligent inquiry be ascertained, due notice is given by publishing a summons in a newspaper
25    having general circulation in the county in which the proceeding is pending. The summons shall
26    be published once a week for four successive weeks. Service shall be complete on the day of the
27    last publication.
28        (c) Service of summons as provided in this subsection shall vest the court with jurisdiction
29    over the parent or guardian served in the same manner and to the same extent as if the person
30    served was served personally within the state.
31        (14) In the case of service in the state, service completed not less than 48 hours before the

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1    time set in the summons for the appearance of the person served, shall be sufficient to confer
2    jurisdiction. In the case of service outside the state, service completed not less than five days
3    before the time set in the summons for appearance of the person served, shall be sufficient to
4    confer jurisdiction.
5        (15) Computation of periods of time under this chapter shall be made in accordance with
6    the Utah Rules of Civil Procedure.
7        Section 24. Section 78-3a-111 is enacted to read:
8         78-3a-111. Venue -- Transfer or certification to other districts -- Dismissal without
9     adjudication on merits.
10        (1) Proceedings in minor's cases shall be commenced in the court of the district in which
11    the minor is living or is found, or in which an alleged violation of law or ordinance occurred.
12        (2) After the filing of a petition, the court may transfer the case to the district where the
13    minor resides or to the district where the violation of law or ordinance is alleged to have occurred.
14    The court may, in its discretion, after adjudication certify the case for disposition to the court of
15    the district in which the minor resides.
16        (3) The transferring or certifying court shall transmit all documents and legal and social
17    records, or certified copies to the receiving court, and the receiving court shall proceed with the
18    case as if the petition had been originally filed or the adjudication had been originally made in that
19    court.
20        (4) The dismissal of a petition in one district where the dismissal is without prejudice and
21    where there has been no adjudication upon the merits shall not preclude refiling within the same
22    district or another district where there is venue of the case.
23        Section 25. Section 78-3a-112, which is renumbered from Section 78-3a-507 is
24    renumbered and amended to read:
25         [78-3a-507].     78-3a-112. Appearances -- Parents to appear with minor --
26     Failure to appear -- Contempt -- Warrant of arrest, when authorized -- Parent's employer
27     to grant time off -- Appointment of guardian ad litem.
28        (1) Any person required to appear who, without reasonable cause, fails to appear may be
29    proceeded against for contempt of court, and the court may cause a bench warrant to issue to
30    produce the person in court.
31        (2) In all cases when a minor is required to appear in court, the parents, guardian, or other

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1    person with legal custody of the minor shall appear with the minor unless excused by the judge.
2        (a) An employee may request permission to leave the workplace for the purpose of
3    attending court if the employee has been notified by the juvenile court that his minor is required
4    to appear before the court.
5        (b) An employer must grant permission to leave the workplace with or without pay if the
6    employee has requested permission at least seven days in advance or within 24 hours of the
7    employee receiving notice of the hearing.
8        (3) If a parent or other person who signed a written promise to appear and bring the minor
9    to court under Section [78-3a-508] 78-3a-113 or [78-3a-509] 78-3a-114, fails to appear and bring
10    the minor to court on the date set in the promise, or, if the date was to be set, after notification by
11    the court, a warrant may be issued for the apprehension of that person or the minor, or both.
12        (4) Willful failure to perform the promise is a misdemeanor if, at the time of the execution
13    of the promise, the promisor is given a copy of the promise which clearly states that failure to
14    appear and have the minor appear as promised is a misdemeanor. The juvenile court shall have
15    jurisdiction to proceed against the promisor in adult proceedings pursuant to Part 8, Adult
16    Offenses.
17        (5) The court shall endeavor, through use of the warrant of arrest if necessary, as provided
18    in Subsection (6), or by other means, to ensure the presence at all hearings of one or both parents
19    or of the guardian of the minor. If neither a parent nor guardian is present at the court proceedings,
20    the court may appoint a guardian ad litem to protect the interest of the minor. A guardian ad litem
21    may also be appointed whenever necessary for the welfare of the minor, whether or not a parent
22    or guardian is present.
23        (6) A warrant may be issued for the parent, the guardian, the custodian, or the minor if:
24        (a) a summons is issued but cannot be served;
25        (b) it is made to appear to the court that the person to be served will not obey the
26    summons;
27        (c) serving the summons will be ineffectual; or
28        (d) the welfare of the minor requires that he be brought immediately into the custody of
29    the court.
30        Section 26. Section 78-3a-113, which is renumbered from Section 78-3a-508 is
31    renumbered and amended to read:

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1         [78-3a-508].     78-3a-113. Minor taken into custody by peace officer, private
2     citizen, or probation officer -- Grounds -- Notice requirements -- Release or detention --
3     Grounds for peace officer to take adult into custody.
4        (1) A minor may be taken into custody by a peace officer without order of the court if:
5        (a) in the presence of the officer the minor has violated a state law, federal law, local law,
6    or municipal ordinance;
7        (b) there are reasonable grounds to believe the minor has committed an act which if
8    committed by an adult would be a felony;
9        (c) the minor is seriously endangered in his surroundings or if the minor seriously
10    endangers others, and immediate removal appears to be necessary for his protection or the
11    protection of others;
12        (d) there are reasonable grounds to believe the minor has run away or escaped from his
13    parents, guardian, or custodian; or
14        (e) there is reason to believe the minor is subject to the state's compulsory education law
15    and that the minor is absent from school without legitimate or valid excuse, subject to Section
16    53A-11-105.
17        (2) (a) A private citizen or a probation officer may take a minor into custody if under the
18    circumstances he could make a citizen's arrest if the minor was an adult.
19        (b) A probation officer may also take a minor into custody under Subsection (1) or if the
20    minor has violated the conditions of probation, if the minor is under the continuing jurisdiction of
21    the juvenile court or in emergency situations in which a peace officer is not immediately available.
22        (3) (a) If an officer or other person takes a minor into temporary custody, he shall without
23    unnecessary delay notify the parents, guardian, or custodian. The minor shall then be released to
24    the care of his parent or other responsible adult, unless his immediate welfare or the protection of
25    the community requires his detention.
26        (b) Before the minor is released, the parent or other person to whom the minor is released
27    shall be required to sign a written promise on forms supplied by the court to bring the minor to the
28    court at a time set or to be set by the court.
29        (4) (a) A minor may not be held in temporary custody by law enforcement any longer than
30    is reasonably necessary to obtain his name, age, residence, and other necessary information and
31    to contact his parents, guardian, or custodian.

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1        (b) If the minor is not released under Subsection (3), he shall be taken to a place of
2    detention or shelter without unnecessary delay.
3        (5) (a) The person who takes a minor to a detention or shelter facility shall promptly file
4    with the detention or shelter facility a written report on a form provided by the division stating the
5    details of the presently alleged offense, the facts which bring the minor within the jurisdiction of
6    the juvenile court, and the reason the minor was not released by law enforcement.
7        (b) (i) The designated youth corrections facility staff person shall immediately review the
8    form and determine, based on the guidelines for detention admissions established by the Division
9    of Youth Corrections under Sections 62A-7-104 and 62A-7-205, whether to admit the minor to
10    secure detention, admit the minor to home detention, place the minor in a placement other than
11    detention, or return the minor home upon written promise to bring the minor to the court at a time
12    set, or without restriction.
13        (ii) If the designated youth corrections facility staff person determines to admit the minor
14    to home detention, that staff person shall notify the juvenile court of that determination. The court
15    shall order that notice be provided to the designated persons in the local law enforcement agency
16    and the school or transferee school, if applicable, which the minor attends of the home detention.
17    The designated persons may receive the information for purposes of the minor's supervision and
18    student safety.
19        (iii) Any employee of the local law enforcement agency and the school which the minor
20    attends who discloses the notification of home detention is not:
21        (A) civilly liable except when disclosure constitutes fraud or malice as provided in Section
22    63-30-4; and
23        (B) civilly or criminally liable except when disclosure constitutes a knowing violation of
24    Section 63-2-801.
25        (c) A minor may not be admitted to detention unless the minor is detainable based on the
26    guidelines or the minor has been brought to detention pursuant to a judicial order or division
27    warrant pursuant to Subsection 62A-7-112(8).
28        (d) If a minor taken to detention does not qualify for admission under the guidelines
29    established by the division under Sections 62A-7-104 and 62A-7-205, detention staff shall arrange
30    appropriate placement.
31        (e) If a minor is taken into custody and admitted to a secure detention or shelter facility,

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1    facility staff shall immediately notify the minor's parents, guardian, or custodian and shall
2    promptly notify the court of the placement.
3        (f) If the minor is admitted to a secure detention or shelter facility outside the county of
4    his residence and it is determined in the hearing held under Subsection [78-3a-509] 78-3a-114(3)
5    that detention shall continue, the judge or commissioner shall direct the sheriff of the county of
6    the minor's residence to transport the minor to a detention or shelter facility as provided in this
7    section.
8        (6) A person may be taken into custody by a peace officer without a court order if the
9    person is in apparent violation of a protective order or if there is reason to believe that a minor is
10    being abused by the person and any of the situations outlined in Section 77-7-2 exist.
11        Section 27. Section 78-3a-114, which is renumbered from Section 78-3a-509 is
12    renumbered and amended to read:
13         [78-3a-509].     78-3a-114. Placement of minor in detention or shelter facility
14     -- Grounds -- Detention hearings -- Period of detention -- Notice -- Confinement of minors
15     for criminal proceedings -- Bail laws inapplicable, exception.
16        (1) (a) A minor may not be placed or kept in a secure detention facility pending court
17    proceedings unless it is unsafe for the public to leave the minor with his parents, guardian, or
18    custodian and the minor is detainable based on guidelines promulgated by the Division of Youth
19    Corrections.
20        (b) A minor who must be taken from his home but who does not require physical
21    restriction shall be given temporary care in a shelter facility and may not be placed in a detention
22    facility.
23        (c) A minor may not be placed or kept in a shelter facility pending court proceedings
24    unless it is unsafe for the minor to leave him with his parents, guardian, or custodian.
25        (2) After admission to a detention facility pursuant to the guidelines established by the
26    Division of Youth Corrections and immediate investigation by an authorized officer of the court,
27    the judge or the officer shall order the release of the minor to his parents, guardian, or custodian
28    if it is found he can be safely returned to their care, either upon written promise to bring the minor
29    to the court at a time set or without restriction.
30        (a) If the minor's parent, guardian, or custodian fails to retrieve the minor from a facility
31    within 24 hours after notification of release, the parent, guardian, or custodian is responsible for

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1    the cost of care for the time the minor remains in the facility.
2        (b) The facility shall determine the cost of care.
3        (c) Any money collected under Subsection (2) shall be retained by the Division of Youth
4    Corrections to recover the cost of care for the time the minor remains in the facility.
5        (3) (a) When a minor is detained in a detention or shelter facility, the parents or guardian
6    shall be informed by the person in charge of the facility that they have the right to a prompt
7    hearing in court to determine whether the minor is to be further detained or released.
8        (b) Detention hearings shall be held by the judge or by a commissioner.
9        (c) The court may, at any time, order the release of the minor, whether a detention hearing
10    is held or not.
11        (d) If the minor is released, and the minor remains in the facility, because the parents,
12    guardian, or custodian fails to retrieve the minor, the parents, guardian, or custodian shall be
13    responsible for the cost of care as provided in Subsections (2)(a), (b), and (c).
14        (4) (a) A minor may not be held in a detention facility longer than 48 hours prior to a
15    detention hearing, excluding weekends and holidays, unless the court has entered an order for
16    continued detention.
17        (b) A minor may not be held in a shelter facility longer than 48 hours prior to a shelter
18    hearing, excluding weekends and holidays, unless a court order for extended shelter has been
19    entered by the court after notice to all parties described in Section 78-3a-306.
20        (c) A hearing for detention or shelter may not be waived. Detention staff shall provide the
21    court with all information received from the person who brought the minor to the detention
22    facility.
23        (d) If the court finds at a detention hearing that it is not safe to release the minor, the judge
24    or commissioner may order the minor to be held in the facility or be placed in another appropriate
25    facility, subject to further order of the court.
26        (e) (i) After a detention hearing has been held, only the court may release a minor from
27    detention. If a minor remains in a detention facility, periodic reviews shall be held pursuant to the
28    Utah State Juvenile Court Rules of Practice and Procedure to ensure that continued detention is
29    necessary.
30        (ii) If the court orders home detention, it shall direct that notice of its order be provided
31    to designated persons in the appropriate local law enforcement agency and the school or transferee

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1    school, if applicable, which the minor attends. The designated persons may receive the
2    information for purposes of the minor's supervision and student safety.
3        (iii) Any employee of the local law enforcement agency and the school which the minor
4    attends who discloses the court's order of probation is not:
5        (A) civilly liable except when the disclosure constitutes fraud or malice as provided in
6    Section 63-30-4; and
7        (B) civilly or criminally liable except when disclosure constitutes a knowing violation of
8    Section 63-2-801.
9        (5) A minor may not be held in a detention facility, following a dispositional order of the
10    court for nonsecure substitute care as defined in Section 62A-4a-101, or for community-based
11    placement under Section 62A-7-101 for longer than 72 hours, excluding weekends and holidays.
12    The period of detention may be extended by the court for one period of seven calendar days if:
13        (a) the Division of Youth Corrections or another agency responsible for placement files
14    a written petition with the court requesting the extension and setting forth good cause; and
15        (b) the court enters a written finding that it is in the best interests of both the minor and
16    the community to extend the period of detention.
17        (6) The agency requesting an extension shall promptly notify the detention facility that a
18    written petition has been filed.
19        (7) The court shall promptly notify the detention facility regarding its initial disposition
20    and any ruling on a petition for an extension, whether granted or denied.
21        (8) (a) A minor under 16 years of age may not be held in a jail, lockup, or other place for
22    adult detention except as provided by Section 62A-7-201 or unless certified as an adult pursuant
23    to Section 78-3a-603. The provisions of Section 62A-7-201 regarding confinement facilities apply
24    to this subsection.
25        (b) A minor 16 years of age or older whose conduct or condition endangers the safety or
26    welfare of others in the detention facility for minors may, by court order that specifies the reasons,
27    be detained in another place of confinement considered appropriate by the court, including a jail
28    or other place of confinement for adults. However, a secure youth corrections facility is not an
29    appropriate place of confinement for detention purposes under this section.
30        (9) A sheriff, warden, or other official in charge of a jail or other facility for the detention
31    of adult offenders or persons charged with crime shall immediately notify the juvenile court when

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1    a minor who is or appears to be under 18 years of age is received at the facility and shall make
2    arrangements for the transfer of the minor to a detention facility, unless otherwise ordered by the
3    juvenile court.
4        (10) This section does not apply to a minor who is brought to the adult facility under
5    charges pursuant to Section 78-3a-602 or by order of the juvenile court to be held for criminal
6    proceedings in the district court under Section 78-3a-603.
7        (11) A minor held for criminal proceedings under Section 78-3a-602 or 78-3a-603 may
8    be detained in a jail or other place of detention used for adults charged with crime.
9        (12) Provisions of law regarding bail are not applicable to minors detained or taken into
10    custody under this chapter, except that bail may be allowed:
11        (a) if a minor who need not be detained lives outside this state; or
12        (b) when a minor who need not be detained comes within one of the classes in Subsection
13    78-3a-503(11).
14        (13) Section 76-8-418 is applicable to a minor who willfully and intentionally commits
15    an act against a jail or other place of confinement, including a Division of Youth Corrections
16    detention, shelter, or secure confinement facility which would be a third degree felony if
17    committed by an adult.
18        Section 28. Section 78-3a-115, which is renumbered from Section 78-3a-511 is
19    renumbered and amended to read:
20         [78-3a-511].     78-3a-115. Hearings -- Public excluded, exceptions -- Victims
21     admitted -- Minor's cases heard separately from adult cases -- Minor or parents or custodian
22     heard separately -- Continuance of hearing -- Consolidation of proceedings involving more
23     than one minor.
24        (1) (a) Hearings in minor's cases shall be held before the court without a jury and may be
25    conducted in an informal manner. The court [may] shall exclude the general public and admit only
26    those persons who have a direct interest in the case or in the work of the court or who have been
27    requested by the parent or legal guardian to be present.
28        (b) The victim of any act charged in a petition or information involving an offense
29    committed by a minor which if committed by an adult would be a felony shall, upon request, be
30    afforded all rights afforded victims in Title 77, Chapter 36, Cohabitant Abuse Procedures Act,
31    Title 77, Chapter 37, Victim's Rights, and Title 77, Chapter 38, Rights of Crime Victims Act. The

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1    notice provisions in Section 77-38-3 do not apply to important juvenile justice hearings as defined
2    in Section 77-38-2.
3        (c) A victim, upon request to appropriate juvenile court personnel, shall have the right to
4    inspect and duplicate juvenile court legal records that have not been expunged concerning:
5        (i) the scheduling of any court hearings on the petition;
6        (ii) any findings made by the court; and
7        (iii) any sentence or decree imposed by the court.
8        (2) Notwithstanding Subsection (1), if a proceeding is conducted on a written petition
9    charging a minor 16 years of age or older with an offense which if committed by an adult would
10    be a felony, the court shall admit any person to the proceeding unless closed by the judge upon
11    findings on the record of good cause.
12        (3) Minor's cases shall be heard separately from adult cases. The minor or his parents or
13    custodian may be heard separately when considered necessary by the court. The hearing may be
14    continued from time to time to a date specified by court order.
15        (4) When more than one minor is involved in a home situation which may be found to
16    constitute neglect or dependency, or when more than one minor is alleged to be involved in the
17    same law violation, the proceedings may be consolidated, except that separate hearings may be
18    held with respect to disposition.
19        Section 29. Section 78-3a-116, which is renumbered from Section 78-3a-512 is
20    renumbered and amended to read:
21         [78-3a-512].     78-3a-116. Hearings -- Record -- County attorney or district
22     attorney responsibilities -- Attorney general responsibilities -- Admissibility of evidence.
23        (1) A verbatim record of the proceedings shall be taken by an official court reporter or by
24    means of a mechanical recording device in all cases that might result in deprivation of custody as
25    defined in this chapter. In all other cases a verbatim record shall also be made unless dispensed
26    with by the court.
27        (2) (a) Except as provided in Subsection (b), the county attorney or, if within a prosecution
28    district, the district attorney shall represent the state in any proceeding in a minor's case.
29        (b) The attorney general shall enforce all provisions of Title 62A, Chapter 4a, and Title
30    78, Chapter 3a, relating to protection or custody of an abused, neglected, or dependent child, and
31    petitions for termination of parental rights.

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1        (3) The board may adopt special rules of procedure to govern proceedings involving
2    violations of traffic laws or ordinances, fish and game laws, and boating laws. However,
3    proceedings involving offenses under Section [78-3a-517] 78-3a-506 are governed by that section
4    regarding suspension of driving privileges.
5        (4) For the purpose of determining proper disposition of the minor and for the purpose of
6    establishing the fact of abuse, neglect, or dependency, written reports and other material relating
7    to the minor's mental, physical, and social history and condition may be received in evidence and
8    may be considered by the court along with other evidence. The court may require that the person
9    who wrote the report or prepared the material appear as a witness if the person is reasonably
10    available.
11        (5) For the purpose of establishing the fact of abuse, neglect, or dependency, the court
12    may, in its discretion, consider evidence of statements made by a minor under eight years of age
13    to a person in a trust relationship.
14        Section 30. Section 78-3a-117, which is renumbered from Section 78-3a-515 is
15    renumbered and amended to read:
16         [78-3a-515].     78-3a-117. Minor's cases considered civil proceedings --
17     Adjudication of jurisdiction by juvenile court not conviction of crime, exception -- Record
18     and evidence inadmissible in other proceedings, exception -- Minor not to be charged with
19     crime, exception -- Traffic violation cases, abstracts to Department of Public Safety.
20        (1) Except as provided in Sections 78-3a-602 and 78-3a-603, proceedings in minor's cases
21    shall be regarded as civil proceedings with the court exercising equitable powers.
22        (2) An adjudication by a juvenile court that a minor is within its jurisdiction under Section
23    78-3a-104 is not considered a conviction of a crime, except in cases involving traffic violations.
24    An adjudication may not operate to impose any civil disabilities upon the minor nor to disqualify
25    the minor for any civil service or military service or appointment.
26        (3) A minor may not be charged with a crime or convicted in any court except as provided
27    in Sections 78-3a-602 and 78-3a-603, and in cases involving traffic violations. When a petition
28    has been filed in the juvenile court, the minor may not later be subjected to criminal prosecution
29    based on the same facts except as provided in Section 78-3a-602 or 78-3a-603.
30        (4) Abstracts of court records for all adjudications of traffic violations shall be submitted
31    to the Department of Public Safety as provided in Section 53-3-218.

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1        (5) Information necessary to collect unpaid fines, fees, assessments, bail, or restitution may
2    be forwarded to employers, financial institutions, law enforcement, constables, the Office of
3    Recovery Services, or other agencies for purposes of enforcing the order as provided in Section
4    [78-3a-516] 78-3a-118.
5        Section 31. Section 78-3a-118, which is renumbered from Section 78-3a-516 is
6    renumbered and amended to read:
7         [78-3a-516].     78-3a-118. Adjudication of jurisdiction of juvenile court --
8     Disposition of cases -- Enumeration of possible court orders -- Considerations of court.
9        (1) (a) When a minor is found to come within the provisions of Section 78-3a-104, the
10    court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
11    jurisdiction over the minor. However, in cases within the provisions of Subsection 78-3a-104(1),
12    findings of fact are not necessary.
13        (b) If the court adjudicates a minor for a crime of violence or an offense in violation of
14    Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided to
15    the school superintendent of the district in which the minor resides or attends school. Notice shall
16    be made to the district superintendent within three days and shall include the specific offenses for
17    which the minor was adjudicated.
18        (2) Upon adjudication the court may make the following dispositions by court order:
19        (a) (i) The court may place the minor on probation or under protective supervision in his
20    own home and upon conditions determined by the court, including community service as provided
21    in Section 78-11-20.7.
22        (ii) If the court orders probation, the court shall direct that notice of its order be provided
23    to designated persons in the local law enforcement agency and the school or transferee school, if
24    applicable, which the minor attends. The designated persons may receive the information for
25    purposes of the minor's supervision and student safety.
26        (iii) Any employee of the local law enforcement agency and the school which the minor
27    attends who discloses the court's order of probation is not:
28        (A) civilly liable except when the disclosure constitutes fraud or malice as provided in
29    Section 63-30-4; and
30        (B) civilly or criminally liable except when the disclosure constitutes a knowing violation
31    of Section 63-2-801.

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1        (b) The court may place the minor in the legal custody of a relative or other suitable
2    person, with or without probation or protective supervision, but the juvenile court may not assume
3    the function of developing foster home services.
4        (c) The court may vest legal custody of the minor in the Division of Child and Family
5    Services, Division of Youth Corrections, or the Division of Mental Health, and may order the
6    Department of Human Services to provide dispositional recommendations and services.
7        (d) The court may commit the minor to the Division of Youth Corrections for secure
8    confinement. A minor under the jurisdiction of the court solely on the ground of neglect or
9    dependency under Subsection 78-3a-104(1)(c) may not be committed to the Division of Youth
10    Corrections.
11        (e) The court may commit the minor, subject to the court retaining continuing jurisdiction
12    over him, to the temporary custody of the Division of Youth Corrections for observation and
13    evaluation for a period not to exceed 90 days.
14        (f) (i) The court may commit the minor to the Division of Youth Corrections for a period
15    not to exceed 30 days subject to the court retaining continuing jurisdiction over him. Notification
16    of home detention, if applicable under this subsection, shall be provided pursuant to Subsection
17    [78-3a-508] 78-3a-113(5).
18        (ii) Subsection (f) applies only to those minors adjudicated for an act which if committed
19    by an adult would be a criminal offense. This commitment may be stayed or suspended upon
20    conditions ordered by the court.
21        (g) The court may vest legal custody of an abused, neglected, or dependent minor in the
22    Division of Child and Family Services or any other appropriate person in accordance with the
23    requirements and procedures of Part 3.
24        (h) The court may place the minor on a ranch or forestry camp, or similar facility for care
25    and also for work, if possible, if the person, agency, or association operating the facility has been
26    approved or has otherwise complied with all applicable state and local laws. A minor placed in
27    a forestry camp or similar facility may be required to work on fire prevention, forestation and
28    reforestation, recreational works, forest roads, and on other works on or off the grounds of the
29    facility and may be paid wages, subject to the approval of and under conditions set by the court.
30        (i) The court may order that the minor be required to repair, replace, or otherwise make
31    restitution for damage or loss caused by his wrongful act, including costs of treatment as stated in

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1    Section 78-3a-318, and may impose fines in limited amounts.
2        (j) The court may issue orders necessary for the collection of restitution and fines ordered
3    by the court, including garnishments, wage withholdings, and executions.
4        (k) (i) The court may through its probation department encourage the development of
5    employment or work programs to enable minors to fulfill their obligations under Subsection (i)
6    and for other purposes considered desirable by the court.
7        (ii) Consistent with the order of the court, the probation officer may permit the minor
8    found to be within the jurisdiction of the court to participate in a program of work restitution or
9    community service in lieu of paying part or all of the fine imposed by the court. The work
10    restitution or community service permitted by the probation officer may not affect the amount of
11    the surcharge.
12        (l) In violations of traffic laws within the court's jurisdiction, the court may, in addition
13    to any other disposition, restrain the minor from driving for periods of time the court considers
14    necessary and take possession of the minor's driver license. However, proceedings involving an
15    offense under Section [78-3a-517] 78-3a-506 are governed by that section regarding suspension
16    of driving privileges.
17        (m) (i) When a minor is found within the jurisdiction of the juvenile court under Section
18    78-3a-104 because of violating Section 58-37-8, Title 58, Chapter 37a, Utah Drug Paraphernalia
19    Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court shall, in addition to
20    any fines or fees otherwise imposed, order that the minor perform a minimum of 20 hours, but no
21    more than 100 hours, of community service. Satisfactory completion of an approved substance
22    abuse prevention or treatment program may be credited by the court as community service hours.
23        (ii) When a minor is found within the jurisdiction of the juvenile court under Section
24    78-3a-104 because of a violation of Section 32A-12-209 or Subsection 76-9-701(1), the court may,
25    upon the first adjudication, and shall, upon a second or subsequent adjudication, order that the
26    minor perform a minimum of 20 hours, but no more than 100 hours of community service, in
27    addition to any fines or fees otherwise imposed. Satisfactory completion of an approved substance
28    abuse prevention or treatment program may be credited by the court as community service hours.
29        (n) The court may order that the minor be examined or treated by a physician, surgeon,
30    psychiatrist, or psychologist or that he receive other special care. For these purposes the court may
31    place the minor in a hospital or other suitable facility.

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1        (o) (i) The court may appoint a guardian for the minor if it appears necessary in the interest
2    of the minor, and may appoint a public or private institution or agency as guardian in which legal
3    custody of the minor is vested.
4        (ii) In placing a minor under the guardianship or legal custody of an individual or of a
5    private agency or institution, the court shall give primary consideration to the welfare of the minor.
6    When practicable, the court may take into consideration the religious preferences of the minor and
7    of his parents.
8        (p) (i) In support of a decree under Section 78-3a-104, the court may order reasonable
9    conditions to be complied with by the parents or guardian, the minor, his custodian, or any other
10    person who has been made a party to the proceedings. Conditions may include:
11        (A) visitation by the parents or one parent;
12        (B) restrictions on the minor's associates;
13        (C) restrictions on the minor's occupation and other activities; and
14        (D) requirements to be observed by the parents or custodian.
15        (ii) A minor, whose parents or guardians successfully complete a family or other
16    counseling program, may be credited by the court for detention, confinement, or probation time.
17        (q) The court may order the minor to be placed in the legal custody of the Division of
18    Mental Health or committed to the physical custody of a local mental health authority, in
19    accordance with the procedures and requirements of Title 62A, Chapter 12, Part 2A.
20        (r) The court may make an order committing a minor within its jurisdiction to the Utah
21    State Developmental Center if the minor has been found mentally retarded in accordance with the
22    provisions of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility. The
23    procedure applicable in the district courts with respect to judicial commitments to the Utah State
24    Developmental Center shall be followed by the juvenile court in these cases.
25        (s) The court may terminate all parental rights upon a finding of compliance with the
26    provisions of Part 4, Termination of Parental Rights Act.
27        (t) The court may make any other reasonable orders for the best interest of the minor or
28    as required for the protection of the public, except that a person younger than 18 years of age may
29    not be committed to jail or prison, and offenses under Section [78-3a-517] 78-3a-506 are governed
30    by that section regarding suspension of driving privileges.
31        (u) The court may combine several of the above-listed modes of disposition if they are

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1    compatible.
2        (v) Before depriving any parent of custody, the court shall give due consideration to the
3    rights of parents concerning their minors. The court may transfer custody to another person,
4    agency, or institution in accordance with the requirements and procedures of Part 3.
5        (w) Except as provided in Subsection (2)(y)(i), an order under this section for probation
6    or placement of a minor with an individual or an agency shall include a date certain for a review
7    of the case by the court. A new date shall be set upon each review.
8        (x) In reviewing foster home placements, special attention shall be given to making
9    adoptable minors available for adoption without delay.
10        (y) (i) The juvenile court may enter an order of permanent custody and guardianship with
11    a relative or individual of a minor where the court has previously acquired jurisdiction as a result
12    of an adjudication of abuse, neglect, or dependency, excluding cases arising under Subsection
13    78-3a-105(4).
14        (ii) Such orders remain in effect until the minor reaches majority and are not subject to
15    review under Section [78-3a-518] 78-3a-119, but may be modified by petition or motion as
16    provided in Section 78-3a-903.
17        (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
18    permanent orders of custody and guardianship do not expire with a termination of jurisdiction of
19    the juvenile court.
20        Section 32. Section 78-3a-119, which is renumbered from Section 78-3a-518 is
21    renumbered and amended to read:
22         [78-3a-518].     78-3a-119. Period of operation of judgment, decree, or order --
23     Rights and responsibilities of agency or individual granted legal custody.
24        (1) A judgment, order, or decree of the juvenile court does not operate after the minor
25    becomes 21 years of age, except for:
26        (a) orders of commitment to the Utah State Developmental Center or to the custody of the
27    Division of Mental Health;
28        (b) adoption orders under Section 78-3a-105; and
29        (c) unless terminated by the court, orders to pay any fine or restitution.
30        (2) (a) Except as provided in Part 3, Abuse, Neglect, and Dependency Proceedings, an
31    order vesting legal custody or guardianship of a minor in an individual, agency, or institution may

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1    be for an indeterminate period. However, upon the expiration of 18 months, the individual,
2    agency, or institution involved shall file a petition for a review hearing of the case. The court may
3    terminate the order, or after notice and hearing, continue the order if it finds continuation of the
4    order necessary to safeguard the welfare of the minor or the public interest. The findings of the
5    court and its reasons shall be entered with the continuation order or with the order denying
6    continuation.
7        (b) Subsection (2) does not apply to minors when in the custody of the Division of Child
8    and Family Services who are placed in foster care, a secure youth corrections facility, the Division
9    of Mental Health, the Utah State Developmental Center, or to any agency licensed for child
10    placements and adoptions in cases where all parental rights of the legal parents have been
11    terminated by the court under Part 4, Termination of Parental Rights Act, and custody of the minor
12    has been granted to the agency for adoption or other permanent placement.
13        (3) (a) An agency granted legal custody may determine where and with whom the minor
14    will live, provided that placement of the minor does not remove him from the state without court
15    approval.
16        (b) An individual granted legal custody shall personally exercise the rights and
17    responsibilities involved in legal custody, unless otherwise authorized by the court.
18        Section 33. Section 78-3a-120, which is renumbered from Section 78-3a-519 is
19    renumbered and amended to read:
20         [78-3a-519].     78-3a-120. Modification of order or decree -- Requirements for
21     changing or terminating custody, probation, or protective supervision.
22        (1) The court may modify or set aside any order or decree made by it, [but no] however
23    a modification of an order placing a minor on probation [shall] may not be made upon an alleged
24    violation of the terms of probation [until] unless there has been a hearing [after due notice to all
25    persons concerned] in accordance with the procedures in Section 78-3a-903.
26        (2) Notice [and a] of the hearing shall [also] be required in any [other] case in which the
27    effect of modifying or setting aside an order or decree may be to [deprive a parent of the legal
28    custody of the minor or to] make any [other] change in the minor's legal custody.
29        (3) Notice of an order terminating probation or protective supervision shall be given to the
30    parents, guardian, custodian, and, where appropriate, to the minor.
31        Section 34. Section 78-3a-121, which is renumbered from Section 78-3a-520 is

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1    renumbered and amended to read:
2         [78-3a-520].     78-3a-121. Continuing jurisdiction of juvenile court -- Period
3     of and termination of jurisdiction -- Notice of discharge from custody of Division of Mental
4     Health or Utah State Developmental Center -- Transfer of continuing jurisdiction to other
5     district.
6        (1) Jurisdiction of a minor obtained by the court through adjudication under Section
7    [78-3a-516] 78-3a-118 continues for purposes of this chapter until he becomes 21 years of age,
8    unless terminated earlier. However, the court retains jurisdiction beyond the age of 21 of a person
9    who has refused or failed to pay any fine or victim restitution ordered by the court, but only for
10    the purpose of causing compliance with existing orders.
11        (2) (a) The continuing jurisdiction of the court terminates:
12        (i) upon order of the court;
13        (ii) upon commitment to a secure youth corrections facility; or
14        (iii) upon commencement of proceedings in adult cases under Section 78-3a-801.
15        (b) The continuing jurisdiction of the court is not terminated by marriage.
16        (3) When a minor has been committed by the court to the custody of the Division of
17    Mental Health, a local mental health authority or its designee, or to the Utah State Developmental
18    Center, the director of the Division of Mental Health, the local mental health authority or its
19    designee, or the superintendent of the Utah State Developmental Center shall give the court written
20    notice of its intention to discharge, release, or parole the minor not fewer than five days prior to
21    the discharge, release, or parole.
22        (4) Jurisdiction over a minor on probation or under protective supervision, or of a minor
23    who is otherwise under the continuing jurisdiction of the court, may be transferred by the court to
24    the court of another district, if the receiving court consents, or upon direction of the chair of the
25    Board of Juvenile Court Judges. The receiving court has the same powers with respect to the
26    minor that it would have if the proceedings originated in that court.
27        Section 35. Section 78-3a-301 is amended to read:
28         78-3a-301. Removing a child from his home -- Grounds for removal.
29        (1) The Division of Child and Family Services may not remove a child from the custody
30    of his natural parent unless that is the least intrusive method available for protecting the child, and
31    there is substantial cause to believe that any one of the following exist:

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1        (a) there is a substantial danger to the physical health or safety of the minor and the
2    minor's physical health or safety may not be protected without removing him from his parent's
3    custody. If a minor has previously been adjudicated as abused, neglected, or dependent, and a
4    subsequent incident of abuse, neglect, or dependency occurs, that fact constitutes prima facie
5    evidence that the child cannot safely remain in the custody of his parent;
6        (b) the minor is suffering severe emotional damage, as may be indicated by, but not
7    limited to, extreme anxiety, depression, withdrawal, or negative aggressive behavior toward self
8    or others, and there are no reasonable means available by which the minor's emotional health may
9    be protected without removing the minor from the custody of his parent;
10        (c) the minor or another minor residing in the same household has been physically or
11    sexually abused, or is deemed to be at substantial risk of being physically or sexually abused, by
12    a parent, a member of the parent's household, or other person known to the parent. If a parent has
13    received actual notice that physical or sexual abuse by a person known to the parent has occurred,
14    and there is evidence that the parent has allowed the child to be in the physical presence of the
15    alleged abuser, that fact constitutes prima facie evidence that the child is at substantial risk of
16    being physically or sexually abused;
17        (d) the parent is unwilling to have physical custody of the child;
18        (e) the minor has been left without any provision for his support;
19        (f) a parent who has been incarcerated or institutionalized has not or cannot arrange for
20    safe and appropriate care for the minor;
21        (g) a relative or other adult custodian with whom the minor has been left by the parent is
22    unwilling or unable to provide care or support for the minor, the whereabouts of the parent are
23    unknown, and reasonable efforts to locate him have been unsuccessful;
24        (h) the minor is in immediate need of medical care;
25        (i) the physical environment or the fact that the child is left unattended poses a threat to
26    the child's health or safety;
27        (j) the minor or another minor residing in the same household has been severely neglected;
28    or
29        (k) the child's welfare is otherwise endangered, as documented by the caseworker.
30        (2) The Division of Child and Family Services may not remove a minor from the custody
31    of his natural parent solely on the basis of educational neglect.

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1        (3) (a) A minor removed from the custody of his natural parent under this section may not
2    be placed or kept in a secure detention facility pending court proceedings unless the minor is
3    detainable based on guidelines promulgated by the Division of Youth Corrections.
4        (b) A minor removed from the custody of his natural parent but who does not require
5    physical restriction shall be given temporary care in a shelter facility.
6        Section 36. Section 78-3a-311 is amended to read:
7         78-3a-311. Dispositional hearing -- Child in custody of Division of Family Services
8     -- Order for reunification services -- Exceptions.
9        (1) The court may make any of the dispositions described in Section [78-3a-516]
10    78-3a-118, place the child in the custody or guardianship of any individual or public or private
11    entity or agency, order protective supervision, family preservation, medical or mental health
12    treatment, or other services.
13        (2) (a) Except as provided in Subsection (3), whenever the court orders continued removal
14    at the dispositional hearing, and that the minor remain in the custody of the Division of Child and
15    Family Services, it shall order that the division make reasonable efforts to provide services to the
16    minor and his parent for the purpose of facilitating reunification of the family, within a maximum
17    time period not to exceed 12 months from the date that the child was initially removed from his
18    home by the division.
19        (b) Any physical custody of the minor by the parent during the period described in
20    Subsection (a) does not interrupt the running of the period.
21        (c) At the expiration of the 12 month period described in Subsection (a), a dispositional
22    review hearing shall be conducted by the court in accordance with Section 78-3a-312. If at that
23    time the child cannot be safely returned to the care and custody of his parent without court
24    supervision, a permanency plan for the child shall be finalized. If the child clearly desires contact
25    with the parent, the court shall take the child's desire into consideration in determining the
26    permanency plan.
27        (d) With regard to a child who is two years of age or younger at the time the court orders
28    reunification services, the court may order the discontinuance of those services after six months
29    if the parent or parents have not made substantial efforts to comply with the treatment plan. The
30    burden is upon the parents, and the division if it supports continued reunification services, to show
31    that the parents have made substantial efforts to comply with the plan during the first six months

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1    of reunification services.
2        (3) Because of the state's interest in and responsibility to protect and provide permanency
3    for children who are abused, neglected, or dependent, the Legislature finds that a parent's interest
4    in receiving reunification services is limited. The court may, under any circumstances, determine
5    that efforts to reunify a child with his family are not reasonable, based on the individual
6    circumstances, and that reunification services need not be provided. In any case, there is a
7    presumption that reunification services should not be provided to a parent if the court finds, by
8    clear and convincing evidence, that any of the following circumstances exist:
9        (a) the whereabouts of the parents are unknown, based upon a verified affidavit indicating
10    that a reasonably diligent search has failed to locate the parent;
11        (b) the parent is suffering from a mental illness of such magnitude that it renders him
12    incapable of utilizing those services; that finding shall be based on competent evidence from
13    mental health professionals establishing that, even with the provision of services, the parent is
14    unlikely to be capable of adequately caring for the child within 12 months;
15        (c) the minor has been previously adjudicated as an abused child due to physical or sexual
16    abuse, that following the adjudication the child was removed from the custody of his parent, was
17    subsequently returned to the custody of that parent, and the minor is being removed due to
18    additional physical or sexual abuse;
19        (d) the parent has been convicted of causing the death of another child through abuse or
20    neglect;
21        (e) the minor has suffered severe abuse by the parent or by any person known by the
22    parent, if the parent knew or reasonably should have known that the person was abusing the minor;
23        (f) the minor has been adjudicated an abused child as a result of severe abuse by the parent,
24    and the court finds that it would not benefit the child to pursue reunification services with the
25    offending parent;
26        (g) the parent's rights have been terminated with regard to any other child;
27        (h) the child has been removed from his home on at least two previous occasions and
28    reunification services were offered or provided to the family at those times; or
29        (i) any other circumstance that the court determines should preclude reunification efforts
30    or services.
31        (4) (a) Failure of the parent to respond to previous services or comply with any previous

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1    treatment plan, the fact that the child was abused while the parent was under the influence of drugs
2    or alcohol, a past history of violent behavior, whether a parent continues to live with an individual
3    who abused the child, any patterns of the parent's behavior that have exposed the child to repeated
4    abuse, or testimony by a competent professional that the parent's behavior is unlikely to be
5    successful, are relevant factors to consider in determining whether reunification services should
6    be ordered.
7        (b) The court shall also consider whether the parent has expressed an interest in
8    reunification with the child, in determining whether to order that reunification services be
9    provided.
10        (5) If reunification services are not ordered pursuant to Subsection (3)(a), and the
11    whereabouts of a parent become known within six months of the out-of-home placement of the
12    minor, the court may order the division to provide reunification services. The time limits
13    described in Subsection (2), however, are not tolled by the parent's absence.
14        (6) If a parent is incarcerated or institutionalized, the court shall order reasonable services
15    unless it determines that those services would be detrimental to the minor. In determining
16    detriment, the court shall consider the age of the child, the degree of parent-child bonding, the
17    length of the sentence, the nature of the treatment, the nature of the crime or illness, the degree of
18    detriment to the child if services are not offered and, for minors ten years of age or older, the
19    minor's attitude toward the implementation of family reunification services, and any other
20    appropriate factors. Reunification services for an incarcerated or institutionalized parent are
21    subject to the 12-month limitation imposed in Subsection (2) unless the court determines that
22    continued reunification services would be in the child's best interest.
23        (7) If, pursuant to Subsection (3)(b), (c), (d), (e), (f), (g), (h), or (i), the court does not order
24    reunification services, a hearing shall be conducted within 120 days for establishment of a
25    permanency plan for the child, in accordance with Subsection 78-3a-312(3).
26        Section 37. Section 78-3a-411 is amended to read:
27         78-3a-411. Court disposition of child upon termination.
28        (1) Upon entry of an order [terminating the rights of the parent or parents,] under this part
29    the court may:
30        (a) place the child in the legal custody and guardianship of a licensed child placement
31    agency or the division for adoption; or

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1        (b) make any other disposition of the child authorized under Section [78-3a-516]
2    78-3a-118.
3        (2) All adoptable children shall be placed for adoption.
4        Section 38. Section 78-3a-502 is amended to read:
5         78-3a-502. Petition -- Preliminary inquiry -- Nonjudicial adjustments -- Formal
6     referral -- Citation -- Failure to appear.
7        (1) Proceedings in minor's cases are commenced by petition.
8        (2) (a) A peace officer or any public official of the state, any county, city, or town charged
9    with the enforcement of the laws of the state or local jurisdiction shall file a formal referral with
10    the juvenile court within ten days of the minor's arrest. If the arrested minor is taken to a detention
11    facility, the formal referral shall be filed with the juvenile court within 72 hours, excluding
12    weekends and holidays. There shall be no requirement to file a formal referral with the juvenile
13    court on an offense that would be a class B misdemeanor or less if committed by an adult.
14        (b) When the court is informed by a peace officer or other person that a minor is or appears
15    to be within the court's jurisdiction, the probation department shall make a preliminary inquiry to
16    determine whether the interests of the public or of the minor require that further action be taken.
17        (c) Based on the preliminary inquiry, the court may authorize the filing of or request that
18    the county attorney or district attorney as provided under Sections 17-18-1 and 17-18-1.7 file a
19    petition. In its discretion, the court may, through its probation department, enter into a written
20    consent agreement with the minor and the minor's parent, guardian, or custodian for the
21    nonjudicial adjustment of the case if the facts are admitted and establish prima facie jurisdiction.
22    Efforts to effect a nonjudicial adjustment may not extend for a period of more than two months
23    without leave of a judge of the court, who may extend the period for an additional two months.
24    The probation department may not in connection with any nonjudicial adjustment compel any
25    person to appear at any conference, produce any papers, or visit any place.
26        (d) The nonjudicial adjustment of a case may include conditions agreed upon as part of
27    the nonjudicial closure:
28        (i) payment of a financial penalty of not more than $100 to the Juvenile Court;
29        (ii) payment of victim restitution;
30        (iii) satisfactory completion of community service;
31        (iv) referral to an appropriate provider for counseling or treatment;

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1        (v) attendance at substance abuse programs or counseling programs;
2        (vi) compliance with specified restrictions on activities and associations; and
3        (vii) other reasonable actions that are in the interest of the minor and the community.
4        (e) Proceedings involving offenses under Section [78-3a-517] 78-3a-506 are governed by
5    that section regarding suspension of driving privileges.
6        (3) Except as provided in Section 78-3a-602, in the case of a minor 14 years of age or
7    older, the county attorney, district attorney, or attorney general may commence an action by filing
8    a criminal information and a motion requesting the juvenile court to waive its jurisdiction and
9    certify the minor to the district court.
10        (4) (a) In cases of violations of fish and game laws, boating laws, class B and class C
11    misdemeanors, other infractions or misdemeanors as designated by general order of the Board of
12    Juvenile Court Judges, and violations of Section 76-10-105 on school property, a petition is not
13    required and the issuance of a citation as provided in Section 78-3a-503 is sufficient to invoke the
14    jurisdiction of the court. A preliminary inquiry is not required unless requested by the court.
15        (b) Any failure to comply with the time deadline on a formal referral may not be the basis
16    of dismissing the formal referral.
17        Section 39. Section 78-3a-503 is amended to read:
18         78-3a-503. Citation procedure -- Citation -- Offenses -- Time limits -- Failure to
19     appear.
20        (1) As used in this section, "citation" means an abbreviated referral and is sufficient to
21    invoke the jurisdiction of the court in lieu of a petition.
22        (2) A citation shall be submitted to the court within five days of its issuance.
23        (3) Each copy of the citation shall contain:
24        (a) the name and address of the juvenile court before which the minor is to appear;
25        (b) the name of the minor cited;
26        (c) the statute or local ordinance that is alleged to have been violated;
27        (d) a brief description of the offense charged;
28        (e) the date, time, and location at which the offense is alleged to have occurred;
29        (f) the date the citation was issued;
30        (g) the name and badge or identification number of the peace officer or public official who
31    issued the citation;

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1        (h) the name of the arresting person if an arrest was made by a private party and the
2    citation was issued in lieu of taking the arrested minor into custody as provided in Section
3    [78-3a-508] 78-3a-113;
4        (i) the date and time when the minor is to appear, or a statement that the minor and parent
5    or legal guardian are to appear when notified by the juvenile court; and
6        (j) the signature of the minor and the parent or legal guardian, if present, agreeing to
7    appear at the juvenile court as designated on the citation.
8        (4) Each copy of the citation shall contain space for the following information to be
9    entered if known:
10        (a) the minor's address;
11        (b) the minor's date of birth;
12        (c) the name and address of the minor's custodial parent or legal guardian, if different from
13    the minor; and
14        (d) if there is a victim, the victim's name, address, and an estimate of loss, except that this
15    information shall be removed from the documents the minor receives.
16        (5) A citation received by the court beyond the time designated in Subsection (2) shall
17    include a written explanation for the delay.
18        (6) The following offenses may be sent to the juvenile court as a citation:
19        (a) violations of fish and game laws;
20        (b) violations of boating laws;
21        (c) violations of curfew laws;
22        (d) any class B misdemeanor or less traffic violations where the person is under the age
23    of 16;
24        (e) any class B or class C misdemeanor or infraction;
25        (f) any other infraction or misdemeanor as designated by general order of the Board of
26    Juvenile Court Judges; and
27        (g) violations of Section 76-10-105 on school property.
28        (7) A preliminary inquiry is not required unless requested by the court.
29        (8) The provisions of Subsection (5) may not apply to a runaway, ungovernable, or
30    habitually truant minor.
31        (9) In the case of Section 76-10-105 violations committed on school property when a

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1    citation is issued under this section, the peace officer, public official, or compliance officer shall
2    issue one copy to the minor cited, provide the parent or legal guardian with a copy, and file a
3    duplicate with the juvenile court specified in the citation within five days.
4        (10) (a) A minor receiving a citation described in this section shall appear at the juvenile
5    court designated in the citation on the time and date specified in the citation or when notified by
6    the juvenile court.
7        (b) A citation may not require a minor to appear sooner than five days following its
8    issuance.
9        (11) A minor who receives a citation and willfully fails to appear before the juvenile court
10    pursuant to a citation is subject to arrest and may be found in contempt of court. The court may
11    proceed against the minor as provided in Section 78-3a-901 regardless of the disposition of the
12    offense upon which the minor was originally cited.
13        (12) When a citation is issued under this section, bail may be posted and forfeited under
14    Subsection [78-3a-509] 78-3a-114(10) with the consent of the court and parent or legal guardian
15    of the minor cited.
16        Section 40. Section 78-3a-504 is repealed and reenacted to read:
17         78-3a-504. Minor held in detention -- Credit for good behavior.
18        (1) A minor held in detention under Subsection 78-3a-118(2)(f) or 78-3a-901(3) shall
19    receive credit for good behavior against the period of detention ordered by the court at the rate of
20    one day for every three days served under guidelines established by the Division of Youth
21    Corrections.
22        (2) Any disposition including detention under Subsection 78-3a-118(2)(f) or 78-3a-901(3)
23    shall be concurrent with any other order of detention.
24        Section 41. Section 78-3a-505 is repealed and reenacted to read:
25         78-3a-505. Dispositional report required in minor's cases -- Exceptions.
26        The probation department or other agency designated by the court shall make a
27    dispositional report in writing in all minor's cases in which a petition has been filed, except that
28    the court may dispense with the study and report in cases involving violations of traffic laws or
29    ordinances, violations of fish and game laws, boating laws, and other minor cases. Where the
30    allegations of a petition filed under Subsection 78-3a-104(1) are denied, the investigation may not
31    be made until the court has made an adjudication.

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1        Section 42. Section 78-3a-506 is repealed and reenacted to read:
2         78-3a-506. Suspension of license for certain offenses.
3        (1) This section applies to minors who are at least 13 years of age when found by the court
4    to be within its jurisdiction by the commission of any offense under Section 58-37-8 or
5    32A-12-209, Title 58, Chapter 37a, Utah Drug Paraphernalia Act, Title 58, Chapter 37b, Imitation
6    Controlled Substances, or Subsection 76-9-701(1).
7        (2) If the court hearing the case determines that the minor committed an offense under
8    Section 58-37-8 or Title 58, Chapter 37a or 37b, the court shall prepare and send to the Driver
9    License Division of the Department of Public Safety an order to suspend that minor's driving
10    privileges.
11        (3) If the court hearing the case determines that the minor violated Section 32A-12-209
12    or Subsection 76-9-701(1), and the violation is the minor's:
13        (a) first violation, the court may suspend the minor's driving privileges; or
14        (b) second or subsequent violation, the court shall suspend the minor's driving privileges.
15        (4) When a court has issued an order suspending a minor's driving privileges for a
16    violation of Section 32A-12-209 or 58-37-8, Title 58, Chapter 37a or 37b, or Subsection
17    76-9-701(1), the minor's license shall be suspended under Section 53-3-219.
18        (5) When the Department of Public Safety receives the arrest or conviction record of a
19    person for a driving offense committed while his license is suspended under this section, the
20    department shall extend the suspension for a like period of time.
21        Section 43. Section 78-3a-603 is amended to read:
22         78-3a-603. Certification hearings -- Juvenile court to hold preliminary hearing --
23     Factors considered by juvenile court for waiver of jurisdiction to district court.
24        (1) If a criminal information filed in accordance with Subsection 78-3a-502(3) alleges the
25    commission of an act which would constitute a felony if committed by an adult, the juvenile court
26    shall conduct a preliminary hearing.
27        (2) At the preliminary hearing the state shall have the burden of going forward with its
28    case and the burden of establishing:
29        (a) probable cause to believe that a crime was committed and that the defendant committed
30    it; and
31        (b) by a preponderance of the evidence, that it would be contrary to the best interests of

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1    the minor or of the public for the juvenile court to retain jurisdiction.
2        (3) In considering whether or not it would be contrary to the best interests of the minor or
3    of the public for the juvenile court to retain jurisdiction, the juvenile court shall consider, and may
4    base its decision on, the finding of one or more of the following factors:
5        (a) the seriousness of the offense and whether the protection of the community requires
6    isolation of the minor beyond that afforded by juvenile facilities;
7        (b) whether the alleged offense was committed by the minor in concert with two or more
8    persons under circumstances which would subject the minor to enhanced penalties under Section
9    76-3-203.1 were he an adult;
10        (c) whether the alleged offense was committed in an aggressive, violent, premeditated, or
11    willful manner;
12        (d) whether the alleged offense was against persons or property, greater weight being given
13    to offenses against persons, except as provided in Section 76-8-418;
14        (e) the maturity of the minor as determined by considerations of his home, environment,
15    emotional attitude, and pattern of living;
16        (f) the record and previous history of the minor;
17        (g) the likelihood of rehabilitation of the minor by use of facilities available to the juvenile
18    court;
19        (h) the desirability of trial and disposition of the entire offense in one court when the
20    minor's associates in the alleged offense are adults who will be charged with a crime in the district
21    court;
22        (i) whether the minor used a firearm in the commission of an offense; and
23        (j) whether the minor possessed a dangerous weapon on or about school premises as
24    provided in Section 76-10-505.5.
25        (4) The amount of weight to be given to each of the factors listed in Subsection (3) is
26    discretionary with the court.
27        (5) (a) Written reports and other materials relating to the minor's mental, physical,
28    educational, and social history may be considered by the court.
29        (b) If requested by the minor, the minor's parent, guardian, or other interested party, the
30    court shall require the person or agency preparing the report and other material to appear and be
31    subject to both direct and cross-examination.

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1        (6) At the conclusion of the state's case, the minor may testify under oath, call witnesses,
2    cross-examine adverse witnesses, and present evidence on the factors required by Subsection (3).
3        (7) If the court finds the state has met its burden under Subsection (2), the court may enter
4    an order:
5        (a) certifying that finding; and
6        (b) directing that the minor be held for criminal proceedings in the district court.
7        (8) If an indictment is returned by a grand jury, the preliminary examination held by the
8    juvenile court need not include a finding of probable cause, but the juvenile court shall proceed
9    in accordance with this section regarding the additional consideration referred to in Subsection
10    (2)(b).
11        (9) The provisions of Section [78-3a-512] 78-3a-116, Section [78-3a-513] 78-3a-913, and
12    other provisions relating to proceedings in juvenile cases are applicable to the hearing held under
13    this section to the extent they are pertinent.
14        (10) A minor who has been directed to be held for criminal proceedings in the district
15    court is not entitled to a preliminary examination in the district court.
16        (11) A minor who has been certified for trial in the district court shall have the same right
17    to bail as any other criminal defendant and shall be advised of that right by the juvenile court
18    judge. The juvenile court shall set initial bail in accordance with Title 77, Chapter 20, Bail.
19        (12) When a minor has been certified to the district court under this section or when a
20    criminal information or indictment is filed in a court of competent jurisdiction before a committing
21    magistrate charging the minor with an offense described in Section 78-3a-602, the jurisdiction of
22    the Division of Youth Corrections and the jurisdiction of the juvenile court over the minor is
23    terminated regarding that offense, any other offenses arising from the same criminal episode, and
24    any subsequent misdemeanors or felonies charged against him, except as provided in Subsection
25    (14).
26        (13) A minor may be convicted under this section on the charges filed or on any other
27    offense arising out of the same criminal episode.
28        (14) The juvenile court under Section 78-3a-104 and the Division of Youth Corrections
29    regain jurisdiction and any authority previously exercised over the minor when there is an
30    acquittal, a finding of not guilty, or dismissal of the charges in the district court.
31        Section 44. Section 78-3a-903 is amended to read:

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1         78-3a-903. Modification or termination of custody order or decree -- Grounds --
2     Procedure.
3        (1) A parent, guardian, or next friend of a minor whose legal custody has been transferred
4    by the court to an individual, agency, or institution, except a secure youth corrections facility, may
5    petition the court for restoration of custody or other modification or revocation of the decree, on
6    the ground that a change of circumstances has occurred which requires such modification or
7    revocation in the best interest of the minor or the public.
8        (2) The court shall make a preliminary investigation [and may dismiss the petition if it].
9    If the court finds that the alleged change of circumstances, if proved, would not affect the decree,
10    it may dismiss the petition. If the court finds that a further examination of the facts [should be
11    had] is needed, or if the court on its own motion determines that the decree should be reviewed,
12    it shall conduct a hearing [upon due notice]. Notice shall be given to all persons concerned[, and].
13    At the hearing, the court may [thereupon] enter an order continuing, modifying, or terminating the
14    decree.
15        [(2) No] (3) A petition by a parent may not be filed under this section after his or her
16    parental rights have been terminated in accordance with Part 4, Termination of Parental Rights
17    Act.
18        [(3)] (4) An individual, agency, or institution vested with legal custody of a minor may
19    petition the court for a modification of the custody order on the ground that [such] the change is
20    necessary for the welfare of the minor or in the public interest. The court shall proceed upon [such]
21    the petition in [the same manner as upon a petition filed under Subsection (1)] accordance with
22    Subsections (1) and (2).
23        Section 45. Section 78-3a-905 is amended to read:
24         78-3a-905. Expungement of juvenile court record -- Petition -- Procedure.
25        (1) (a) Any person who has been adjudicated under this chapter may, after the expiration
26    of one year from the date of termination of the continuing jurisdiction of the juvenile court or, in
27    case he was committed to a secure youth corrections facility, one year from the date of his
28    unconditional release from the facility, petition the court for the expungement of his record in the
29    juvenile court.
30        (b) (i) Upon the filing of a petition, the court shall set a date for a hearing and shall notify
31    the county attorney or, if within the prosecution district, district attorney of the pendency of the

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1    petition and of the date of the hearing.
2        (ii) The county attorney or district attorney and any other person who may have relevant
3    information about the petitioner may testify at the hearing.
4        (2) (a) If the court finds upon the hearing that the petitioner has not been convicted of a
5    felony or of a misdemeanor involving moral turpitude since the termination of the court's
6    jurisdiction or his unconditional release from a secure youth corrections facility and that no
7    proceeding involving the felony or misdemeanor is pending or being instituted against him, and
8    if the court further finds that the rehabilitation of the petitioner has been attained to the satisfaction
9    of the court, it shall order sealed all records in the petitioner's case in the custody of the juvenile
10    court and any records in the custody of any other agency or official, except fingerprint records.
11    Fingerprint records shall be retained in the custody of the juvenile court and any other agency or
12    official. Copies of the order shall be sent to each agency or official named in the order and any
13    entity notified of the original adjudication under Subsection [78-3a-519] 78-3a-118(1)(b).
14        (b) Upon the entry of the order, the proceedings in the petitioner's case shall be considered
15    never to have occurred and the petitioner may properly reply accordingly upon any inquiry in the
16    matter. Inspection of the records may thereafter only be permitted by the court upon petition by
17    the person who is the subject of the records, and only to persons named in the petition.
18        Section 46. Section 78-3a-913, which is renumbered from Section 78-3a-513 is
19    renumbered and amended to read:
20         [78-3a-513].     78-3a-913. Right to counsel -- Appointment of counsel for
21     indigent -- Cost -- Court hearing to determine compelling reason to appoint a noncontracting
22     attorney -- Rate of pay.
23        (1) (a) The parents, guardian, custodian, and the minor, if competent, shall be informed
24    that they have the right to be represented by counsel at every stage of the proceedings. They have
25    the right to employ counsel of their own choice and if any of them requests an attorney and is
26    found by the court to be indigent, counsel shall be appointed by the court as provided in
27    Subsection (3). The court may appoint counsel without a request if it considers representation by
28    counsel necessary to protect the interest of the minor or of other parties.
29        (b) The cost of appointed counsel, including the cost of counsel and expense of appeal,
30    shall be paid by the county in which the hearing is held. Counties may levy and collect taxes for
31    these purposes.

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1        (2) If the county responsible to provide legal counsel for an indigent under Subsection
2    (1)(b) has arranged by contract to provide services, the court if it has received notice or a copy of
3    such contract shall appoint the contracting attorney as legal counsel to represent that indigent.
4        (3) The court shall select and appoint the attorney or attorneys if:
5        (a) the contract for indigent legal services is with multiple attorneys; or
6        (b) the contract is with an additional attorney or attorneys in the event of a conflict of
7    interest.
8        (4) If the court considers the appointment of a noncontracting attorney to provide legal
9    services to an indigent despite the existence of an indigent legal services contract and the court has
10    a copy or notice of such contract, before the court may make the appointment, it shall:
11        (a) set the matter for a hearing;
12        (b) give proper notice to the county attorney of the responsible county of the hearing; and
13        (c) make findings that there is a compelling reason to appoint a noncontracting attorney
14    before it may make such appointment.
15        (5) The indigent's mere preference for other counsel shall not be considered a compelling
16    reason justifying the appointment of a noncontracting attorney.
17        (6) The court may order a minor, parent, guardian, or custodian for whom counsel is
18    appointed and the parents or guardian of any minor for whom counsel is appointed to reimburse
19    the county for the cost of appointed counsel.
20        (7) If the minor and other parties were not represented by counsel, the court shall inform
21    them at the conclusion of the proceedings that they have the right to appeal.
22        Section 47. Section 78-3a-914, which is renumbered from Section 78-3a-521 is
23    renumbered and amended to read:
24         [78-3a-521].     78-3a-914. Exchange of information with agency or institution
25     having legal custody -- Transfer of minor to state prison or other adult facility prohibited.
26        (1) Whenever legal custody of a minor is vested in an institution or agency, the court shall
27    transmit with the court order copies of the social study, any clinical reports, and other information
28    pertinent to the care and treatment of the minor. The institution or agency shall give the court any
29    information concerning the minor that the court may at any time require.
30        (2) The Division of Youth Corrections or any other institution or agency to whom a minor
31    is committed under Section [78-3a-516] 78-3a-118 may not transfer custody of the minor to the

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1    state prison or any other institution for the correction of adult offenders.
2        Section 48. Section 78-5-105 is amended to read:
3         78-5-105. Jurisdiction of justice court and juvenile court.
4        (1) Justice courts have jurisdiction over traffic misdemeanors and infractions committed
5    by persons 16 or 17 years of age and that occur within the territorial jurisdiction of the court,
6    except those offenses exclusive to the juvenile court under Section 78-3a-104.
7        (2) If the traffic offense involves the conviction of a person 16 years of age or older but
8    younger than 18 years of age for an offense under Section [78-3a-517] 78-3a-506, the justice court
9    judge shall notify the juvenile court of the conviction.
10        (3) The justice court has authority to take the juvenile's driver license and return it to the
11    Driver License Division, Department of Public Safety, for suspension under Section 53-3-221.
12        (4) Justice court judges may transfer matters within the court's jurisdiction under this
13    section to the juvenile court for postjudgment proceedings according to rules of the Judicial
14    Council.
15        Section 49. Section 78-11-20 is amended to read:
16         78-11-20. Property damage caused by a minor -- Liability of parent or legal
17     guardian.
18        (1) The parent or legal guardian having legal custody of the minor is liable for damages
19    sustained to property not to exceed $2,000 when:
20        (a) the minor intentionally damages, defaces, destroys, or takes the property of another;
21        (b) the minor recklessly or willfully shoots or propels a missile, or other object at or
22    against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether
23    moving or standing; or
24        (c) the minor intentionally and unlawfully tampers with the property of another and
25    thereby recklessly endangers human life or recklessly causes or threatens a substantial interruption
26    or impairment of any public utility service.
27        (2) For purposes of this section, Subsection (1)(a) or (c) include graffiti, as defined in
28    Section 76-6-107.
29        (3) A court may waive part or all of the liability for damages by the parent or legal
30    guardian if the offender is adjudicated in the juvenile court under Section [78-3a-516] 78-3a-118
31    only:

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1        (a) upon a finding of good cause; or
2        (b) if the parent or legal guardian:
3        (i) made a reasonable effort to restrain the wrongful conduct; and
4        (ii) reported it to the property owner involved or the law enforcement agency having
5    primary jurisdiction after he knew of the minor's unlawful act. No report is required under this
6    section from a parent or legal guardian if the minor was arrested or apprehended by a peace officer
7    or by anyone acting on behalf of the property owner involved.
8        Section 50. Section 78-11-20.5 is amended to read:
9         78-11-20.5. Criminal conviction for criminal mischief or criminal trespass not a
10     prerequisite for civil action under chapter.
11        A conviction for criminal mischief under Section 76-6-106, criminal trespass under Section
12    76-6-206, or an adjudication under Section [78-3a-516] 78-3a-118 is not a condition precedent to
13    a civil action authorized under Section 78-11-20.
14        Section 51. Section 78-11-20.7 is amended to read:
15         78-11-20.7. Community service -- Graffiti penalties.
16        (1) If an offender uses graffiti and is convicted under Section 76-6-106 or 76-6-206 for its
17    use, or adjudicated in the juvenile court under Section 78-3a-516, the court may, as a condition of
18    probation under Subsection 77-18-1(8), in addition to the compensatory or general damage award
19    imposed pursuant to Section 78-11-20, order the offender to clean up graffiti of his own and any
20    other at a time and place within the jurisdiction of the court.
21        (a) For a first conviction or adjudication, the court may require the offender to clean up
22    graffiti for not less than eight hours.
23        (b) For a second conviction or adjudication, the court may require the offender to clean
24    up graffiti for not less than 16 hours.
25        (c) For a third conviction or adjudication, the court may require the offender to clean up
26    graffiti for not less than 24 hours.
27        (2) Any community service of a person under the age of 18 years which is required, under
28    this section, may be performed in the presence, and under the direct supervision, of the person's
29    parent or legal guardian. The person's parent or legal guardian shall report completion of the order
30    to the court.
31        (3) The offender convicted under Section 76-6-106, 76-6-206, or 76-6-107 or adjudicated

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1    under Section [78-3a-516] 78-3a-118 or his parent or legal guardian, if applicable, shall be
2    responsible for removal costs as determined under Section 76-6-107, unless waived by the court
3    for good cause.
4        (4) The court may also require the offender to perform other alternative forms of
5    restitution or repair to the damaged property pursuant to Subsection 77-18-1(8).
6        Section 52. Repealer.
7        This act repeals:
8        Section 78-3a-510, Minor held in detention -- Credit for good behavior.
9        Section 78-3a-514, Dispositional report required in minor's cases -- Exceptions.
10        Section 78-3a-517, Suspension of license for certain offenses.
11        Section 53. Effective date.
12        If approved by two-thirds of all the members elected to each house, this act takes effect
13    upon approval by the governor, or the day following the constitutional time limit of Utah
14    Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
15    date of veto override, except Section 62A-4a-105 (Effective 07/01/97), which takes effect on July
16    1, 1997.




Legislative Review Note
    as of 1-20-97 2:18 PM


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

Office of Legislative Research and General Counsel


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