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First Substitute H.B. 99
5 AN ACT RELATING TO THE JUDICIAL CODE; ALLOWING FOR JUVENILE COURT
6 JUDGES TO GIVE YOUTH OFFENDERS THE OPTION OF JOINING THE NATIONAL
7 GUARD; DEFINING CRITERIA; AND PROVIDING AN EFFECTIVE DATE.
8 This act affects sections of Utah Code Annotated 1953 as follows:
10 78-3a-118, as last amended by Chapters 34, 94, 274 and 298, Laws of Utah 1998
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 78-3a-118 is amended to read:
13 78-3a-118. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
14 Enumeration of possible court orders -- Considerations of court.
15 (1) (a) When a minor is found to come within the provisions of Section 78-3a-104 , the
16 court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
17 jurisdiction over the minor. However, in cases within the provisions of Subsection 78-3a-104 (1),
18 findings of fact are not necessary.
19 (b) If the court adjudicates a minor for a crime of violence or an offense in violation of
20 Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided to
21 the school superintendent of the district in which the minor resides or attends school. Notice shall
22 be made to the district superintendent within three days and shall include the specific offenses for
23 which the minor was adjudicated.
24 (2) Upon adjudication the court may make the following dispositions by court order:
25 (a) (i) The court may place the minor on probation or under protective supervision in the
26 minor's own home and upon conditions determined by the court, including compensatory service
27 as provided in Section 78-11-20.7 .
28 (ii) The court may place the minor in state supervision with the probation department of
29 the court, under the legal custody of his parent or guardian, the Division of Youth Corrections, or
30 the Division of Child and Family Services.
31 (iii) If the court orders probation or state supervision, the court shall direct that notice of
32 its order be provided to designated persons in the local law enforcement agency and the school or
33 transferee school, if applicable, which the minor attends. The designated persons may receive the
34 information for purposes of the minor's supervision and student safety.
35 (iv) Any employee of the local law enforcement agency and the school which the minor
36 attends who discloses the court's order of probation is not:
37 (A) civilly liable except when the disclosure constitutes fraud or malice as provided in
38 Section 63-30-4 ; and
39 (B) civilly or criminally liable except when the disclosure constitutes a knowing violation
40 of Section 63-2-801 .
41 (b) The court may place the minor in the legal custody of a relative or other suitable
42 person, with or without probation or protective supervision, but the juvenile court may not assume
43 the function of developing foster home services.
44 (c) (i) The court may vest legal custody of the minor in the Division of Child and Family
45 Services, Division of Youth Corrections, or the Division of Mental Health, and may order the
46 Department of Human Services to provide dispositional recommendations and services.
47 (ii) For minors who may qualify for services from two or more divisions within the
48 Department of Human Services, the court may vest legal custody with the department.
49 (iii) Minors who are committed to the custody of the Division of Child and Family
50 Services on grounds other than abuse or neglect are subject to the provisions of Title 78, Chapter
51 3a, Part 3A, Minors in Custody on Grounds Other Than Abuse or Neglect, and Title 62A, Chapter
52 4a, Part 2A, Minors in Custody on Grounds Other Than Abuse or Neglect. Prior to making a
53 recommendation that the court place a minor in the custody of the Division of Child and Family
54 Services on grounds other than abuse or neglect, the probation department shall provide the
55 division adequate with notice for the division to attend the hearing.
56 (d) (i) The court may commit the minor to the Division of Youth Corrections for secure
58 (ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect, or
59 dependency under Subsection 78-3a-104 (1)(c) may not be committed to the Division of Youth
61 (e) The court may commit the minor, subject to the court retaining continuing jurisdiction
62 over him, to the temporary custody of the Division of Youth Corrections for observation and
63 evaluation for a period not to exceed 90 days.
64 (f) (i) The court may commit the minor to a place of detention or an alternative to
65 detention for a period not to exceed 30 days subject to the court retaining continuing jurisdiction
66 over the minor.
67 (ii) Subsection (2)(f) applies only to those minors adjudicated for an act which if
68 committed by an adult would be a criminal offense or for contempt of court under Section
69 78-3a-901 . This commitment may be stayed or suspended upon conditions ordered by the court.
70 (g) The court may vest legal custody of an abused, neglected, or dependent minor in the
71 Division of Child and Family Services or any other appropriate person in accordance with the
72 requirements and procedures of Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency
74 (h) The court may place the minor on a ranch or forestry camp, or similar facility for care
75 and also for work, if possible, if the person, agency, or association operating the facility has been
76 approved or has otherwise complied with all applicable state and local laws. A minor placed in
77 a forestry camp or similar facility may be required to work on fire prevention, forestation and
78 reforestation, recreational works, forest roads, and on other works on or off the grounds of the
79 facility and may be paid wages, subject to the approval of and under conditions set by the court.
80 (i) The court may order that the minor be required to repair, replace, or otherwise make
81 restitution for damage or loss caused by the minor's wrongful act, including costs of treatment as
82 stated in Section 78-3a-318 , and may impose fines in limited amounts.
83 (j) The court may issue orders necessary for the collection of restitution and fines ordered
84 by the court, including garnishments, wage withholdings, and executions.
85 (k) (i) The court may through its probation department encourage the development of
86 employment or work programs to enable minors to fulfill their obligations under Subsection (2)(i)
87 and for other purposes considered desirable by the court.
88 (ii) Consistent with the order of the court, the probation officer may permit the minor
89 found to be within the jurisdiction of the court to participate in a program of work restitution or
90 compensatory service in lieu of paying part or all of the fine imposed by the court. The work
91 restitution or compensatory service permitted by the probation officer may not affect the amount
92 of the surcharge.
93 (l) In violations of traffic laws within the court's jurisdiction, the court may, in addition
94 to any other disposition, restrain the minor from driving for periods of time the court considers
95 necessary and take possession of the minor's driver license. However, proceedings involving an
96 offense under Section 78-3a-506 are governed by that section regarding suspension of driving
98 (m) (i) When a minor is found within the jurisdiction of the juvenile court under Section
99 78-3a-104 because of violating Section 58-37-8 , Title 58, Chapter 37a, Utah Drug Paraphernalia
100 Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court shall, in addition to
101 any fines or fees otherwise imposed, order that the minor perform a minimum of 20 hours, but no
102 more than 100 hours, of compensatory service. Satisfactory completion of an approved substance
103 abuse prevention or treatment program may be credited by the court as compensatory service
105 (ii) When a minor is found within the jurisdiction of the juvenile court under Section
106 78-3a-104 because of a violation of Section 32A-12-209 or Subsection 76-9-701 (1), the court may,
107 upon the first adjudication, and shall, upon a second or subsequent adjudication, order that the
108 minor perform a minimum of 20 hours, but no more than 100 hours of compensatory service, in
109 addition to any fines or fees otherwise imposed. Satisfactory completion of an approved substance
110 abuse prevention or treatment program may be credited by the court as compensatory service
112 (n) The court may order that the minor be examined or treated by a physician, surgeon,
113 psychiatrist, or psychologist or that he receive other special care. For these purposes the court may
114 place the minor in a hospital or other suitable facility.
115 (o) (i) The court may appoint a guardian for the minor if it appears necessary in the interest
116 of the minor, and may appoint a public or private institution or agency as guardian in which legal
117 custody of the minor is vested.
118 (ii) In placing a minor under the guardianship or legal custody of an individual or of a
119 private agency or institution, the court shall give primary consideration to the welfare of the minor.
120 When practicable, the court may take into consideration the religious preferences of the minor and
121 of the minor's parents.
122 (p) (i) In support of a decree under Section 78-3a-104 , the court may order reasonable
123 conditions to be complied with by the parents or guardian, the minor, the minor's custodian, or any
124 other person who has been made a party to the proceedings. Conditions may include:
125 (A) visitation by the parents or one parent;
126 (B) restrictions on the minor's associates;
127 (C) restrictions on the minor's occupation and other activities; and
128 (D) requirements to be observed by the parents or custodian.
129 (ii) A minor whose parents or guardians successfully complete a family or other counseling
130 program may be credited by the court for detention, confinement, or probation time.
131 (q) The court may order the minor to be placed in the legal custody of the Division of
132 Mental Health or committed to the physical custody of a local mental health authority, in
133 accordance with the procedures and requirements of Title 62A, Chapter 12, Part 2A, Commitment
134 of Persons Under Age 18 to Division of Mental Health.
135 (r) The court may make an order committing a minor within its jurisdiction to the Utah
136 State Developmental Center if the minor has been found mentally retarded in accordance with the
137 provisions of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility. The
138 procedure applicable in the district courts with respect to judicial commitments to the Utah State
139 Developmental Center shall be followed by the juvenile court in these cases.
140 (s) The court may terminate all parental rights upon a finding of compliance with the
141 provisions of Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act.
142 (t) The court may make any other reasonable orders for the best interest of the minor or
143 as required for the protection of the public, except that a person younger than 18 years of age may
144 not be committed to jail or prison, and offenses under Section 78-3a-506 are governed by that
145 section regarding suspension of driving privileges.
146 (u) The court may combine several of the above-listed modes of disposition if they are
148 (v) Before depriving any parent of custody, the court shall give due consideration to the
149 rights of parents concerning their minors. The court may transfer custody of a minor to another
150 person, agency, or institution in accordance with the requirements and procedures of Title 78,
151 Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings.
152 (w) Except as provided in Subsection (2)(y)(i), an order under this section for probation
153 or placement of a minor with an individual or an agency shall include a date certain for a review
154 of the case by the court. A new date shall be set upon each review.
155 (x) In reviewing foster home placements, special attention shall be given to making
156 adoptable minors available for adoption without delay.
157 (y) (i) The juvenile court may enter an order of permanent custody and guardianship with
158 a relative or individual of a minor where the court has previously acquired jurisdiction as a result
159 of an adjudication of abuse, neglect, or dependency, excluding cases arising under Subsection
160 78-3a-105 (4).
161 (ii) Such orders remain in effect until the minor reaches majority and are not subject to
162 review under Section 78-3a-119 , but may be modified by petition or motion as provided in Section
163 78-3a-903 .
164 (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
165 permanent orders of custody and guardianship do not expire with a termination of jurisdiction of
166 the juvenile court.
167 (3) h [
167a h [
168 to serve in the National Guard in lieu of other sanctions, provided:
169 (a) the minor meets the current entrance qualifications for service in the National Guard
170 as determined by a recruiter, whose determination is final;
171 (b) the minor is not under the jurisdiction of the court for any act that:
172 (i) would be a felony if committed by an adult;
173 (ii) is a violation of Title 58, Chapter 37, Controlled Substances; or
174 (iii) was committed with a weapon; and
175 (c) the court retains jurisdiction over the minor under conditions set by the juvenile court
176 judge and agreed upon by the recruiter or the unit the minor is eventually assigned to.
177 Section 2. Effective date.
178 This act takes effect on July 1, 1999.
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