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S.B. 25 Enrolled
This act modifies provisions of the Utah Human Services Code relating to commitment
proceedings. The act clarifies the circumstances under which proceedings for the
commitment of a child may be commenced. The act modifies provisions relating to the
involuntary commitment of children and specifies that they may be committed to local
mental health authorities only after a court commitment proceeding. The act eliminates
provisions relating to the commitment of a child to the legal custody of the Division of
Substance Abuse and Mental Health and clarifies that certain commitment proceedings
apply to the commitment of a child to the physical custody of local mental health
authorities. The act clarifies that a court determination is necessary for a person to be
committed to the state hospital. The act makes technical and conforming changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17A-3-602, as last amended by Chapter 8, Laws of Utah 2002, Fifth Special Session
62A-15-610, as renumbered and amended by Chapter 8, Laws of Utah 2002, Fifth
Special Session
62A-15-625, as renumbered and amended by Chapter 8, Laws of Utah 2002, Fifth
Special Session
62A-15-628, as renumbered and amended by Chapter 8, Laws of Utah 2002, Fifth
Special Session
62A-15-701, as renumbered and amended by Chapter 8, Laws of Utah 2002, Fifth
Special Session
62A-15-705, as renumbered and amended by Chapter 8, Laws of Utah 2002, Fifth
Special Session
78-3a-104, as last amended by Chapter 8, Laws of Utah 2002, Fifth Special Session
78-3a-118, as last amended by Chapters 2 and 8, Laws of Utah 2002, Fifth Special
Session
78-3a-121, as last amended by Chapter 8, Laws of Utah 2002, Fifth Special Session
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17A-3-602 is amended to read:
17A-3-602. Local mental health authorities -- Responsibilities.
(1) All county legislative bodies in this state are local mental health authorities. Within
legislative appropriations and county matching funds required by this section, under the policy
direction of the state Board of Substance Abuse and Mental Health and the administrative
direction of the Division of Substance Abuse and Mental Health within the Department of
Human Services, local mental health authorities shall provide mental health services to persons
within their respective counties. Two or more counties may join to provide mental health
prevention and treatment services.
(2) The legislative bodies may establish acceptable ways of apportioning the cost of
mental health services. Any agreement for joint mental health services may designate the
treasurer of one of the participating counties as the custodian of moneys available for those joint
services, and that the designated treasurer, or other disbursing officer, may make payments from
those moneys for such purposes upon audit of the appropriate auditing officer or officers
representing the participating counties. The agreement may provide for:
(a) joint operation of services and facilities or for operation of services and facilities
under contract by one participating local mental health authority for other participating local
mental health authorities; and
(b) allocation of appointments of members of the mental health advisory council between
or among participating counties.
(3) (a) All county legislative bodies, as local mental health authorities, are accountable to
the Department of Human Services, the Department of Health, and the state with regard to the
use of state and federal funds received from those departments for mental health services,
regardless of whether the services are provided by a private contract provider.
(b) A local mental health authority shall comply, and require compliance by its contract
provider, with all directives issued by the Department of Human Services and the Department of
Health regarding the use and expenditure of state and federal funds received from those
departments for the purpose of providing mental health programs and services. The Department
of Human Services and Department of Health shall ensure that those directives are not
duplicative or conflicting, and shall consult and coordinate with local mental health authorities
with regard to programs and services.
(4) Local mental health authorities shall:
(a) review and evaluate mental health needs and services;
(b) annually prepare and submit to the division a plan for mental health funding and
service delivery. The plan shall include services for adults, youth, and children, including, but
not limited to, the following:
(i) inpatient care and services;
(ii) residential care and services;
(iii) outpatient care and services;
(iv) 24-hour crisis care and services;
(v) psychotropic medication management;
(vi) psychosocial rehabilitation including vocational training and skills development;
(vii) case management;
(viii) community supports including in-home services, housing, family support services,
and respite services; and
(ix) consultation and education services, including but not limited to, case consultation,
collaboration with other service agencies, public education, and public information;
(c) establish and maintain, either directly or by contract, programs licensed under Title
62A, Chapter 2, Licensure of Programs and Facilities;
(d) appoint directly or by contract a full-time or part-time director for mental health
programs and prescribe his duties;
(e) provide input and comment on new and revised policies established by the state
Board of Substance Abuse and Mental Health;
(f) establish and require contract providers to establish administrative, clinical,
personnel, financial, and management policies regarding mental health services and facilities, in
accordance with the policies of the state Board of Substance Abuse and Mental Health and state
and federal law;
(g) establish mechanisms allowing for direct citizen input;
(h) annually contract with the Division of Substance Abuse and Mental Health to provide
mental health programs and services in accordance with the provisions of Title 62A, Chapter 15,
Substance Abuse and Mental Health Act;
(i) comply with all applicable state and federal statutes, policies, audit requirements,
contract requirements, and any directives resulting from those audits and contract requirements;
(j) provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan; [
(k) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special Districts
Act, and Title 51, Chapter 2, Audits of Political Subdivisions, Interlocal Organizations and Other
Local Entities[
(l) take and retain physical custody of minors committed to the physical custody of local
mental health authorities by a judicial proceeding under Title 62A, Chapter 15, Part 7,
Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.
(5) Before disbursing any public funds, local mental health authorities shall require that
all entities that receive any public funds from a local mental health authority agree in writing
that:
(a) the division may examine the entity's financial records;
(b) the county auditor may examine and audit the entity's financial records; and
(c) the entity will comply with the provisions of Subsection (3)(b).
(6) Local mental health authorities may receive property, grants, gifts, supplies,
materials, contributions, and any benefit derived therefrom, for mental health services. If those
gifts are conditioned upon their use for a specified service or program, they shall be so used.
(7) (a) For purposes of this section "public funds" means the same as that term is defined
in Section 17A-3-603.5 .
(b) Nothing in this section limits or prohibits an organization exempt under Section
501(c)(3), Internal Revenue Code, from using public funds for any business purpose or in any
financial arrangement that is otherwise lawful for that organization.
Section 2. Section 62A-15-610 is amended to read:
62A-15-610. Objectives of state hospital and other facilities -- Persons who may be
admitted to state hospital.
(1) The objectives of the state hospital and other mental health facilities shall be to care
for all persons within this state who are subject to the provisions of this chapter; and to furnish
them with the proper attendance, medical treatment, seclusion, rest, restraint, amusement,
occupation, and support that is conducive to their physical and mental well-being.
(2) Only the following persons may be admitted to the state hospital:
(a) persons 18 years of age and older who meet the criteria necessary for commitment
under this part and who have severe mental disorders for whom no appropriate, less restrictive
treatment alternative is available;
(b) persons under 18 years of age who meet the criteria necessary for commitment under
Part [
Health, and for whom no less restrictive alternative is available;
(c) persons adjudicated and found to be guilty and mentally ill under Title 77, Chapter
16a, Commitment and Treatment of Mentally Ill Persons;
(d) persons adjudicated and found to be not guilty by reason of insanity who are under a
subsequent commitment order because they are mentally ill and a danger to themselves or others,
under Section 77-16a-302 ;
(e) persons found incompetent to proceed under Section 77-15-6 ;
(f) persons who require an examination under Title 77, Utah Code of Criminal
Procedure; and
(g) persons in the custody of the Department of Corrections, admitted in accordance with
Section 62A-15-605.5 , giving priority to those persons with severe mental disorders.
Section 3. Section 62A-15-625 is amended to read:
62A-15-625. Voluntary admission of adults.
(1) A local mental health authority or its designee may admit to that authority, for
observation, diagnosis, care, and treatment any individual who is mentally ill or has symptoms of
mental illness and who, being 18 years of age or older, applies for voluntary admission.
(2) (a) No adult may be committed or continue to be committed to a local mental health
authority against his will except as provided in this chapter.
(b) [
local mental health authority[
commitment proceeding in accordance with the provisions of Part 7, Commitment of Persons
Under Age 18 to Division of Substance Abuse and Mental Health.
(3) An adult may be voluntarily admitted to a local mental health authority for treatment
at the Utah State Hospital as a condition of probation or stay of sentence only after the
requirements of Subsection 77-18-1 (13) have been met.
Section 4. Section 62A-15-628 is amended to read:
62A-15-628. Involuntary commitment -- Procedures.
(1) An adult may not be involuntarily committed to the custody of a local mental health
authority except under the following provisions:
(a) emergency procedures for temporary commitment upon medical or designated
examiner certification, as provided in Subsection 62A-15-629 (1);
(b) emergency procedures for temporary commitment without endorsement of medical or
designated examiner certification, as provided in Subsection 62A-15-629 (2); or
(c) commitment on court order, as provided in Section 62A-15-631 .
(2) A person under 18 years of age may [
local mental health authority[
commitment proceeding in accordance with the provisions of Part 7, Commitment of Persons
Under Age 18 to Division of Substance Abuse and Mental Health.
Section 5. Section 62A-15-701 is amended to read:
62A-15-701. Definitions.
As used in this part:
(1) "Child" means a person under 18 years of age.
(2) "Commit" and "commitment" mean the transfer of physical [
accordance with the requirements of this part.
(3) "Legal custody" means:
(a) the right to determine where and with whom the child shall live;
(b) the right to participate in all treatment decisions and to consent or withhold consent
for treatment in which a constitutionally protected liberty or privacy interest may be affected,
including antipsychotic medication, electroshock therapy, and psychosurgery; and
(c) the right to authorize surgery or other extraordinary medical care.
(4) "Physical custody" means:
(a) placement of a child in any residential or inpatient setting;
(b) the right to physical custody of a child;
(c) the right and duty to protect the child; and
(d) the duty to provide, or insure that the child is provided with, adequate food, clothing,
shelter, and ordinary medical care.
(5) "Residential" means any out-of-home placement made by a local mental health
authority, but does not include out-of-home respite care.
(6) "Respite care" means temporary, periodic relief provided to parents or guardians from
the daily care of children with serious emotional disorders for the limited time periods designated
by the division.
Section 6. Section 62A-15-705 is amended to read:
62A-15-705. Commitment proceedings in juvenile court -- Criteria -- Custody.
(1) (a) [
Subject to Subsection (1)(b), commitment proceedings for a child may be commenced by filing a
written application with the juvenile court of the county in which the child resides or is found, in
accordance with the procedures described in Section 62A-15-631 .
(b) Commitment proceedings under this section may be commenced only after a
commitment proceeding under Section 62A-15-703 has concluded without the child being
committed.
(2) The juvenile court shall order commitment [
the physical custody of a local mental health authority if, upon completion of the hearing and
consideration of the record, it finds by clear and convincing evidence that:
(a) the child has a mental illness, as defined in Subsection 62A-15-602 (8);
(b) the child demonstrates a risk of harm to himself or others;
(c) the child is experiencing significant impairment in his ability to perform socially;
(d) the child will benefit from the proposed care and treatment; and
(e) there is no appropriate less restrictive alternative.
(3) The [
periodic reviews of children committed to its custody pursuant to this section, and to release any
child who has sufficiently improved so that the [
designee determines that commitment is no longer appropriate.
[
Section 7. Section 78-3a-104 is amended to read:
78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
(1) Except as otherwise provided by law, the juvenile court has exclusive original
jurisdiction in proceedings concerning:
(a) a minor who has violated any federal, state, or local law or municipal ordinance or a
person younger than 21 years of age who has violated any law or ordinance before becoming 18
years of age, regardless of where the violation occurred, excluding traffic laws and boating and
ordinances;
(b) a person 21 years of age or older who has failed or refused to comply with an order of
the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's 21st
birthday; however, the continuing jurisdiction is limited to causing compliance with existing
orders;
(c) a minor who is an abused child, neglected child, or dependent child, as those terms
are defined in Section 78-3a-103 ;
(d) a protective order for a minor who is alleged to be an abused child or neglected child,
except as provided in Section 78-3a-105 , and unless the petition is filed by a natural parent or
stepparent of the minor against a natural parent or stepparent of the minor;
(e) the determination of the custody of a minor or to appoint a guardian of the person or
other guardian of a minor who comes within the court's jurisdiction under other provisions of this
section;
(f) the termination of the legal parent-child relationship in accordance with Part 4,
Termination of Parental Rights Act, including termination of residual parental rights and duties;
(g) the treatment or commitment of a mentally retarded minor;
(h) a minor who is a habitual truant from school;
(i) the judicial consent to the marriage of a minor under age 16 upon a determination of
voluntariness or where otherwise required by law, employment, or enlistment of a minor when
consent is required by law;
(j) any parent or parents of a minor committed to a secure youth corrections facility, to
order, at the discretion of the court and on the recommendation of a secure youth corrections
facility, the parent or parents of a minor committed to a secure youth corrections facility for a
custodial term, to undergo group rehabilitation therapy under the direction of a secure youth
corrections facility therapist, who has supervision of that parent's or parents' minor, or any other
therapist the court may direct, for a period directed by the court as recommended by a secure
youth corrections facility;
(k) a minor under Title 55, Chapter 12, Interstate Compact on Juveniles;
(l) the treatment or commitment of a mentally ill child. The court may commit a child to
the physical custody of a local mental health authority [
Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance
Abuse and Mental Health. The court may not commit a child directly to the Utah State Hospital;
(m) the commitment of a minor in accordance with Section 62A-15-301 ;
(n) de novo review of final agency actions resulting from an informal adjudicative
proceeding as provided in Section 63-46b-15 ; and
(o) adoptions conducted in accordance with the procedures described in Title 78, Chapter
30, Adoption, when the juvenile court has previously entered an order terminating the rights of a
parent and finds that adoption is in the best interest of the minor.
(2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive
jurisdiction over any traffic or boating offense committed by a minor under 16 years of age and
concurrent jurisdiction over all other traffic or boating offenses committed by a minor 16 years of
age or older, except that the court shall have exclusive jurisdiction over the following offenses
committed by a minor under 18 years of age:
(a) Section 76-5-207 , automobile homicide;
(b) Section 41-6-44 , operating a vehicle while under the influence of alcohol or drugs;
(c) Section 41-6-45 , reckless driving or Section 73-18-12 , reckless operation;
(d) Section 41-1a-1314 , unauthorized control over a motor vehicle, trailer, or semitrailer
for an extended period of time; and
(e) Section 41-6-13.5 or 73-18-20 , fleeing a peace officer.
(3) The court also has jurisdiction over traffic and boating offenses that are part of a
single criminal episode filed in a petition that contains an offense over which the court has
jurisdiction.
(4) The juvenile court has jurisdiction over questions of custody, support, parent-time,
and visitation certified to it by the district court pursuant to Section 78-3a-105 .
(5) The juvenile court has jurisdiction over an ungovernable or runaway minor who is
referred to it by the Division of Child and Family Services or by public or private agencies that
contract with the division to provide services to that minor where, despite earnest and persistent
efforts by the division or agency, the minor has demonstrated that he:
(a) is beyond the control of his parent, guardian, lawful custodian, or school authorities
to the extent that his behavior or condition endangers his own welfare or the welfare of others; or
(b) has run away from home.
(6) This section does not restrict the right of access to the juvenile court by private
agencies or other persons.
(7) The juvenile court has jurisdiction of all magistrate functions relative to cases arising
under Section 78-3a-602 .
(8) The juvenile court has jurisdiction to make a finding of substantiated,
unsubstantiated, or without merit, in accordance with Section 78-3a-320 .
Section 8. 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 -- Obtaining DNA sample.
(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 of the adjudication 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 compensatory service
as provided in Section 78-11-20.7 .
(ii) The court may place the minor in state supervision with the probation department of
the court, under the legal custody of:
(A) his parent or guardian;
(B) the Division of Youth Corrections; or
(C) the Division of Child and Family Services.
(iii) If the court orders probation or state supervision, the court shall direct that notice of
its order be provided to designated persons in the local law enforcement agency and the school or
transferee school, if applicable, which the minor attends. The designated persons may receive
the information for purposes of the minor's supervision and student safety.
(iv) 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:
(A) vest legal custody of the minor in the Division of Child and Family Services,
Division of Youth Corrections, or the Division of Substance Abuse and Mental Health; and
(B) 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.
(iii) (A) 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 Title 78, Chapter
3a, Part 3A, Minors in Custody on Grounds Other Than Abuse or Neglect, and Title 62A,
Chapter 4a, Part 2A, Minors in Custody on Grounds Other Than Abuse or Neglect.
(B) Prior to the court entering an order to place a minor in the custody of the Division of
Child and Family Services on grounds other than abuse or neglect, the court shall provide the
division with notice of the hearing no later than five days before the time specified for the
hearing so the division may attend the hearing.
(C) Prior to committing a minor to the custody of the Division of Child and Family
Services, the court shall make a finding as to what reasonable efforts have been attempted to
prevent the minor's removal from his home.
(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 45 days, which period may be extended up
to 15 days at the request of the director of the Division of Youth Corrections.
(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. This commitment may be stayed or suspended upon conditions ordered by the
court.
(ii) This Subsection (2)(f) applies only to those minors adjudicated for:
(A) an act which if committed by an adult would be a criminal offense; or
(B) contempt of court under Section 78-3a-901 .
(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 Title 78, Chapter 3a, 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 the minor 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 impose fines in limited amounts. If a minor has been returned to this state
under the Interstate Compact on Juveniles, the court may order the minor to make restitution for
costs expended by any governmental entity for the return.
(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
compensatory service in lieu of paying part or all of the fine imposed by the court.
(l) (i) In violations of traffic laws within the court's jurisdiction, the court may, in
addition to any other disposition authorized by this section:
(A) restrain the minor from driving for periods of time the court considers necessary; and
(B) take possession of the minor's driver license.
(ii) The court may enter any other disposition under Subsection (2)(l)(i); however, the
suspension of driving privileges for an offense under Section 78-3a-506 are governed only by
Section 78-3a-506 .
(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 compensatory service. Satisfactory completion of an approved
substance abuse prevention or treatment program may be credited by the court as compensatory
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 compensatory 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 compensatory
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 as guardian a public or private institution or agency 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 other person who has been made a party to the proceedings. Conditions may include:
(A) parent-time 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 [
health authority, in accordance with the procedures and requirements of Title 62A, Chapter 15,
Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental
Health.
(r) (i) The court may make an order committing a minor within its jurisdiction to the
Utah State Developmental Center if the minor has mental retardation in accordance with the
provisions of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility.
(ii) The court shall follow the procedure applicable in the district courts with respect to
judicial commitments to the Utah State Developmental Center when ordering a commitment
under Subsection (2)(r)(i).
(s) The court may terminate all parental rights upon a finding of compliance with the
provisions of Title 78, Chapter 3a, 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.
(u) The court may combine the dispositions listed in this section if they are compatible.
(v) Before depriving any parent of custody, the court shall give due consideration to the
rights of parents concerning their minor. The court may transfer custody of a minor to another
person, agency, or institution in accordance with the requirements and procedures of Title 78,
Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings.
(w) Except as provided in Subsection (2)(y)(i), an order under this section for probation
or placement of a minor with an individual or an agency shall include a date certain for a review
of the case by the court. A new date shall be set upon each review.
(x) In reviewing foster home placements, special attention shall be given to making
adoptable minors available for adoption without delay.
(y) (i) The juvenile court may enter an order of permanent custody and guardianship with
a relative or individual of a minor where the court has previously acquired jurisdiction as a result
of an adjudication of abuse, neglect, or dependency, excluding cases arising under Subsection
78-3a-105 (4).
(ii) Orders under Subsection (2)(y)(i):
(A) shall remain in effect until the minor reaches majority;
(B) are not subject to review under Section 78-3a-119 ; and
(C) 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.
(3) In addition to the dispositions described in Subsection (2), when a minor comes
within the court's jurisdiction he may be given a choice by the court to serve in the National
Guard in lieu of other sanctions, provided:
(a) the minor meets the current entrance qualifications for service in the National Guard
as determined by a recruiter, whose determination is final;
(b) the minor is not under the jurisdiction of the court for any act that:
(i) would be a felony if committed by an adult;
(ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
(iii) was committed with a weapon; and
(c) the court retains jurisdiction over the minor under conditions set by the court and
agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
(4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction of
the court as described in Subsection 53-10-403 (3). The specimen shall be obtained by designated
employees of the court or, if the minor is in the legal custody of the Division of Youth
Corrections, then by designated employees of the division under Subsection 53-10-404 (5)(b).
(b) The responsible agency shall ensure that employees designated to collect the saliva
DNA specimens receive appropriate training and that the specimens are obtained in accordance
with accepted protocol.
(c) Reimbursements paid under Subsection 53-10-404 (2)(a) shall be placed in the DNA
Specimen Restricted Account created in Section 53-10-407 .
(d) Payment of the reimbursement is second in priority to payments the minor is ordered
to make for restitution under this section and treatment under Section 78-3a-318 .
Section 9. Section 78-3a-121 is amended to read:
78-3a-121. Continuing jurisdiction of juvenile court -- Period of and termination
of jurisdiction -- Notice of discharge from custody of Division of Substance Abuse and
Mental Health or Utah State Developmental Center -- Transfer of continuing jurisdiction
to other district.
(1) Jurisdiction of a minor obtained by the court through adjudication under Section
78-3a-118 continues for purposes of this chapter until he becomes 21 years of age, unless
terminated earlier. However, the court retains jurisdiction beyond the age of 21 of a person who
has refused or failed to pay any fine or victim restitution ordered by the court, but only for the
purpose of causing compliance with existing orders.
(2) (a) The continuing jurisdiction of the court terminates:
(i) upon order of the court;
(ii) upon commitment to a secure youth corrections facility; or
(iii) upon commencement of proceedings in adult cases under Section 78-3a-801 .
(b) The continuing jurisdiction of the court is not terminated by marriage.
(3) When a minor has been committed by the court to the physical custody of [
designee[
superintendent of the Utah State Developmental Center shall give the court written notice of its
intention to discharge, release, or parole the minor not fewer than five days prior to the discharge,
release, or parole.
(4) Jurisdiction over a minor on probation or under protective supervision, or of a minor
who is otherwise under the continuing jurisdiction of the court, may be transferred by the court to
the court of another district, if the receiving court consents, or upon direction of the chair of the
Board of Juvenile Court Judges. The receiving court has the same powers with respect to the
minor that it would have if the proceedings originated in that court.
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