S.B. 5 Enrolled

JUDICIAL CUSTODY OF YOUTH TO HUMAN SERVICES
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Nathan C. Tanner
AN ACT RELATING TO HUMAN SERVICES AND THE JUVENILE COURT; PROVIDING
THE JUVENILE COURT WITH AUTHORITY TO GIVE CUSTODY OF A MINOR TO THE
DEPARTMENT OF HUMAN SERVICES; DELINEATING SOME PROCEDURES; AND
MAKING TECHNICAL AMENDMENTS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
62A-1-111, as last amended by Chapter 240, Laws of Utah 1996
78-3a-118, as last amended by Chapters 329, 357, 358 and renumbered and amended by
Chapter 365, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-1-111 is amended to read:
62A-1-111. Department authority.
The department has authority, in addition to all other authority and responsibility granted
to it by law, to:
(1) adopt rules, not inconsistent with law, as the department may deem necessary or
desirable for providing social services to the people of this state;
(2) establish and manage client trust accounts in the department's institutions and
community programs, at the request of the client or his legal guardian or representative, or in
accordance with federal law;
(3) purchase, as authorized or required by law, services that the department is responsible
to provide for legally eligible persons;
(4) conduct adjudicative proceedings for clients and providers in accordance with the
procedures of Title 63, Chapter 46b, Administrative Procedures Act;
(5) establish eligibility standards for its programs, not inconsistent with state or federal law
or regulations;

(6) take necessary steps, including legal action, to recover money or the monetary value of
services provided to a recipient who was not eligible;
(7) set and collect fees for its services;
(8) license agencies, facilities, and programs, except as otherwise allowed, prohibited, or
limited by law;
(9) acquire, manage, and dispose of any real or personal property needed or owned by the
department, not inconsistent with state law;
(10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or the
proceeds thereof, may be credited to the program designated by the donor, and may be used for the
purposes requested by the donor, as long as the request conforms to state and federal policy; all
donated funds shall be considered private, nonlapsing funds and may be invested under guidelines
established by the state treasurer;
(11) accept and employ volunteer labor or services; the department is authorized to
reimburse volunteers for necessary expenses, when the department considers that reimbursement to
be appropriate;
(12) carry out the responsibility assigned in the Workforce Services Plan by the State
Council on Workforce Services;
(13) carry out the responsibility assigned by Section 9-4-802 with respect to coordination
of services for the homeless;
(14) carry out the responsibility assigned by Section 62A-5a-105 with respect to coordination
of services for handicapped students;
(15) provide training and educational opportunities for its staff;
(16) collect child support payments and any other monies due to the department;
(17) examine and audit the expenditures of any public funds provided to local substance
abuse authorities, local mental health authorities, local area agencies on aging, and any agency or
organization that contracts with or receives funds from those authorities or agencies. Those local
authorities, area agencies, and any person or entity that contracts with or receives funds from those
authorities or area agencies, shall provide the department with any information it deems necessary

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to complete its audit;
(18) apply the provisions of Title 78, Chapter 45, Uniform Civil Liability for Support Act,
to parents whose child lives out of the home in a department licensed or certified setting; [and]
(19) establish policy and procedures in cases where the department is given custody of a
minor by the juvenile court pursuant to Section 78-3a-118; any policy and procedures shall include:
(a) designation of interagency teams for each juvenile court district in the state;
(b) delineation of assessment criteria and procedures;
(c) minimum requirements, and timeframes, for the development and implementation of a
collaborative service plan for each minor placed in department custody; and
(d) provisions for submittal of the plan and periodic progress reports to the court; and
[(19)] (20) carry out the responsibilities assigned to it by statute.
Section 2. Section 78-3a-118 is amended to read:
78-3a-118. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
Enumeration of possible court orders -- Considerations of court.
(1) (a) When a minor is found to come within the provisions of Section 78-3a-104, the court
shall so adjudicate. The court shall make a finding of the facts upon which it bases its jurisdiction
over the minor. However, in cases within the provisions of Subsection 78-3a-104(1), findings of fact
are not necessary.
(b) If the court adjudicates a minor for a crime of violence or an offense in violation of Title
76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided to the
school superintendent of the district in which the minor resides or attends school. Notice shall be
made to the district superintendent within three days and shall include the specific offenses for which
the minor was adjudicated.
(2) Upon adjudication the court may make the following dispositions by court order:
(a) (i) The court may place the minor on probation or under protective supervision in the
minor's own home and upon conditions determined by the court, including community service as
provided in Section 78-11-20.7.
(ii) If the court orders probation, the court shall direct that notice of its order be provided to

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designated persons in the local law enforcement agency and the school or transferee school, if
applicable, which the minor attends. The designated persons may receive the information for
purposes of the minor's supervision and student safety.
(iii) Any employee of the local law enforcement agency and the school which the minor
attends who discloses the court's order of probation is not:
(A) civilly liable except when the disclosure constitutes fraud or malice as provided in
Section 63-30-4; and
(B) civilly or criminally liable except when the disclosure constitutes a knowing violation
of Section 63-2-801.
(b) The court may place the minor in the legal custody of a relative or other suitable person,
with or without probation or protective supervision, but the juvenile court may not assume the
function of developing foster home services.
(c) (i) The court may vest legal custody of the minor in the Division of Child and Family
Services, Division of Youth Corrections, or the Division of Mental Health, and may order the
Department of Human Services to provide dispositional recommendations and services.
(ii) For minors who may qualify for services from two or more divisions within the
Department of Human Services, the court may vest legal custody with the department.
[(ii)] (iii) Minors who are committed to the custody of the Division of Child and Family
Services on grounds other than abuse or neglect are subject to the provisions of Part 3A and Title
62A, Chapter 4a, Part 2A.
(d) (i) The court may commit the minor to the Division of Youth Corrections for secure
confinement.
(ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect, or
dependency under Subsection 78-3a-104(1)(c) may not be committed to the Division of Youth
Corrections.
(e) The court may commit the minor, subject to the court retaining continuing jurisdiction
over him, to the temporary custody of the Division of Youth Corrections for observation and
evaluation for a period not to exceed 90 days.

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(f) (i) The court may commit the minor to a place of detention or an alternative to detention
for a period not to exceed 30 days subject to the court retaining continuing jurisdiction over the
minor.
(ii) Subsection (f) applies only to those minors adjudicated for an act which if committed
by an adult would be a criminal offense or for contempt of court under Section 78-3a-901. This
commitment may be stayed or suspended upon conditions ordered by the court.
(g) The court may vest legal custody of an abused, neglected, or dependent minor in the
Division of Child and Family Services or any other appropriate person in accordance with the
requirements and procedures of Part 3, Abuse, Neglect, and Dependency Proceedings.
(h) The court may place the minor on a ranch or forestry camp, or similar facility for care
and also for work, if possible, if the person, agency, or association operating the facility has been
approved or has otherwise complied with all applicable state and local laws. A minor placed in a
forestry camp or similar facility may be required to work on fire prevention, forestation and
reforestation, recreational works, forest roads, and on other works on or off the grounds of the
facility and may be paid wages, subject to the approval of and under conditions set by the court.
(i) The court may order that the minor be required to repair, replace, or otherwise make
restitution for damage or loss caused by the minor's wrongful act, including costs of treatment as
stated in Section 78-3a-318, and may impose fines in limited amounts.
(j) The court may issue orders necessary for the collection of restitution and fines ordered
by the court, including garnishments, wage withholdings, and executions.
(k) (i) The court may through its probation department encourage the development of
employment or work programs to enable minors to fulfill their obligations under Subsection (2)(i)
and for other purposes considered desirable by the court.
(ii) Consistent with the order of the court, the probation officer may permit the minor found
to be within the jurisdiction of the court to participate in a program of work restitution or community
service in lieu of paying part or all of the fine imposed by the court. The work restitution or
community service permitted by the probation officer may not affect the amount of the surcharge.
(l) In violations of traffic laws within the court's jurisdiction, the court may, in addition to

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any other disposition, restrain the minor from driving for periods of time the court considers
necessary and take possession of the minor's driver license. However, proceedings involving an
offense under Section 78-3a-506 are governed by that section regarding suspension of driving
privileges.
(m) (i) When a minor is found within the jurisdiction of the juvenile court under Section
78-3a-104 because of violating Section 58-37-8, Title 58, Chapter 37a, Utah Drug Paraphernalia Act,
or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court shall, in addition to any
fines or fees otherwise imposed, order that the minor perform a minimum of 20 hours, but no more
than 100 hours, of community service. Satisfactory completion of an approved substance abuse
prevention or treatment program may be credited by the court as community service hours.
(ii) When a minor is found within the jurisdiction of the juvenile court under Section
78-3a-104 because of a violation of Section 32A-12-209 or Subsection 76-9-701(1), the court may,
upon the first adjudication, and shall, upon a second or subsequent adjudication, order that the minor
perform a minimum of 20 hours, but no more than 100 hours of community service, in addition to
any fines or fees otherwise imposed. Satisfactory completion of an approved substance abuse
prevention or treatment program may be credited by the court as community service hours.
(n) The court may order that the minor be examined or treated by a physician, surgeon,
psychiatrist, or psychologist or that he receive other special care. For these purposes the court may
place the minor in a hospital or other suitable facility.
(o) (i) The court may appoint a guardian for the minor if it appears necessary in the interest
of the minor, and may appoint a public or private institution or agency as guardian in which legal
custody of the minor is vested.
(ii) In placing a minor under the guardianship or legal custody of an individual or of a private
agency or institution, the court shall give primary consideration to the welfare of the minor. When
practicable, the court may take into consideration the religious preferences of the minor and of the
minor's parents.
(p) (i) In support of a decree under Section 78-3a-104, the court may order reasonable
conditions to be complied with by the parents or guardian, the minor, the minor's custodian, or any

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other person who has been made a party to the proceedings. Conditions may include:
(A) visitation by the parents or one parent;
(B) restrictions on the minor's associates;
(C) restrictions on the minor's occupation and other activities; and
(D) requirements to be observed by the parents or custodian.
(ii) A minor whose parents or guardians successfully complete a family or other counseling
program may be credited by the court for detention, confinement, or probation time.
(q) The court may order the minor to be placed in the legal custody of the Division of Mental
Health or committed to the physical custody of a local mental health authority, in accordance with
the procedures and requirements of Title 62A, Chapter 12, Part 2A, Commitment of Persons Under
Age 18 to Division of Mental Health.
(r) The court may make an order committing a minor within its jurisdiction to the Utah State
Developmental Center if the minor has been found mentally retarded in accordance with the
provisions of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility. The procedure
applicable in the district courts with respect to judicial commitments to the Utah State
Developmental Center shall be followed by the juvenile court in these cases.
(s) The court may terminate all parental rights upon a finding of compliance with the
provisions of Part 4, Termination of Parental Rights Act.
(t) The court may make any other reasonable orders for the best interest of the minor or as
required for the protection of the public, except that a person younger than 18 years of age may not
be committed to jail or prison, and offenses under Section 78-3a-506 are governed by that section
regarding suspension of driving privileges.
(u) The court may combine several of the above-listed modes of disposition if they are
compatible.
(v) Before depriving any parent of custody, the court shall give due consideration to the
rights of parents concerning their minors. The court may transfer custody to another person, agency,
or institution in accordance with the requirements and procedures of Part 3, Abuse, Neglect, and
Dependency Proceedings.

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(w) Except as provided in Subsection (2)(y)(i), an order under this section for probation or
placement of a minor with an individual or an agency shall include a date certain for a review of the
case by the court. A new date shall be set upon each review.
(x) In reviewing foster home placements, special attention shall be given to making
adoptable minors available for adoption without delay.
(y) (i) The juvenile court may enter an order of permanent custody and guardianship with
a relative or individual of a minor where the court has previously acquired jurisdiction as a result of
an adjudication of abuse, neglect, or dependency, excluding cases arising under Subsection
78-3a-105(4).
(ii) Such orders remain in effect until the minor reaches majority and are not subject to
review under Section 78-3a-119, but may be modified by petition or motion as provided in Section
78-3a-903.
(iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
permanent orders of custody and guardianship do not expire with a termination of jurisdiction of the
juvenile court.

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