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H.B. 135 Enrolled
LONG TITLE
General Description:
This bill requires law enforcement officers or agents taking a minor into custody or
detention for violent crimes or weapons violations to notify the school district in which
the minor resides or attends school.
Highlighted Provisions:
This bill:
. requires law enforcement officers or agents to notify school district superintendents
when a minor is taken into custody or detention for a violent crime or weapons
violation;
. allows a school district to establish a process with a law enforcement agency for
providing notice regarding detained minors;
. requires the notice to include, if available, the victim's name, if the victim resides in
the same school district or attends the same school as the detained minor;
. classifies notice to superintendents as protected under the Government Records
Access and Management Act and the Federal Family Educational Rights and Privacy
Act;
. requires notification to the school district of the court's findings of the detention
hearings in cases involving violent felonies or weapons offenses, including any no
contact orders;
. requires adjudication notice to include, if available, the name of the victim; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill provides an effective date.
Utah Code Sections Affected:
AMENDS:
53A-11-1001, as last amended by Chapter 365, Laws of Utah 1997
53A-11-1002, as enacted by Chapter 256, Laws of Utah 1994
53A-11-1004, as last amended by Chapter 365, Laws of Utah 1997
78-3a-113 (Effective 07/01/04), as last amended by Chapter 171, Laws of Utah 2003
78-3a-114 (Effective 07/01/04), as last amended by Chapter 171, Laws of Utah 2003
78-3a-118 (Effective 07/01/04), as last amended by Chapter 171, Laws of Utah 2003
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-11-1001 is amended to read:
53A-11-1001. Notification by juvenile court and law enforcement agencies.
(1) Notifications received from the juvenile court or law enforcement agencies by the
school district pursuant to [
(2) School districts may enter into agreements with law enforcement agencies for
notification under Subsection (1).
Section 2. Section 53A-11-1002 is amended to read:
53A-11-1002. Superintendent required to notify school.
(1) Within [
enforcement agency, the district superintendent shall notify the principal of the school the juvenile
attends or last attended.
(2) Upon receipt of the information, the principal shall:
(a) make a notation in a secure file other than the student's permanent file; and
(b) if the student is still enrolled in the school, notify staff members who, in his opinion,
should know of the adjudication.
(3) A person receiving information pursuant to this part may only disclose the information
to other persons having both a right and a current need to know.
(4) Access to secure files shall be limited to persons authorized to receive information
under this part.
Section 3. Section 53A-11-1004 is amended to read:
53A-11-1004. Liability for release of information.
(1) The district superintendent, principal, and any staff member notified by the principal
may not be held liable for information which may become public knowledge unless it can be
shown by clear and convincing evidence that the information became public knowledge through
an intentional act of the superintendent, principal, or a staff member.
(2) A person receiving information under Subsection 78-3a-113(3)(b), 78-3a-118 (1)(b),
or Section 53A-11-1002 is immune from any liability, civil or criminal, for acting or failing to act
in response to the information unless the person acts or fails to act due to malice, gross
negligence, or deliberate indifference to the consequences.
Section 4. Section 78-3a-113 (Effective 07/01/04) is amended to read:
78-3a-113 (Effective 07/01/04). Minor taken into custody by peace officer, private
citizen, or probation officer -- Grounds -- Notice requirements -- Release or detention --
Grounds for peace officer to take adult into custody.
(1) A minor may be taken into custody by a peace officer without order of the court if:
(a) in the presence of the officer the minor has violated a state law, federal law, local law,
or municipal ordinance;
(b) there are reasonable grounds to believe the minor has committed an act which if
committed by an adult would be a felony;
(c) the minor is seriously endangered in his surroundings or if the minor seriously
endangers others, and immediate removal appears to be necessary for his protection or the
protection of others;
(d) there are reasonable grounds to believe the minor has run away or escaped from his
parents, guardian, or custodian; or
(e) there is reason to believe the minor is subject to the state's compulsory education law
and that the minor is absent from school without legitimate or valid excuse, subject to Section
53A-11-105 .
(2) (a) A private citizen or a probation officer may take a minor into custody if under the
circumstances he could make a citizen's arrest if the minor was an adult.
(b) A probation officer may also take a minor into custody under Subsection (1) or if the
minor has violated the conditions of probation, if the minor is under the continuing jurisdiction of
the juvenile court or in emergency situations in which a peace officer is not immediately available.
(3) (a) (i) If an officer or other person takes a minor into temporary custody, he shall
without unnecessary delay notify the parents, guardian, or custodian.
(ii) The minor shall then be released to the care of his parent or other responsible adult,
unless his immediate welfare or the protection of the community requires his detention.
(b) If the minor is taken into custody or detention for a violent felony, as defined in
Section 76-3-203.5 , or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the
officer or other law enforcement agent taking the minor into custody shall, as soon as practicable
or as established under Subsection 53A-11-1001 (2), notify the school superintendent of the
district in which the minor resides or attends school for the purposes of the minor's supervision
and student safety.
(i) The notice shall disclose only:
(A) the name of the minor;
(B) the offense for which the minor was taken into custody or detention; and
(C) if available, the name of the victim, if the victim:
(I) resides in the same school district as the minor; or
(II) attends the same school as the minor.
(ii) The notice shall be classified as a protected record under Section 63-2-304 .
(iii) All other records disclosures are governed by Title 63, Chapter 2, Government
Records Access and Management Act and the Federal Family Educational Rights and Privacy
Act.
(c) Employees of a governmental agency are immune from any criminal liability for
providing or failing to provide the information required by this section unless the person acts or
fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
[
released shall be required to sign a written promise on forms supplied by the court to bring the
minor to the court at a time set or to be set by the court.
(4) (a) A minor may not be held in temporary custody by law enforcement any longer
than is reasonably necessary to obtain his name, age, residence, and other necessary information
and to contact his parents, guardian, or custodian.
(b) If the minor is not released under Subsection (3), he shall be taken to a place of
detention or shelter without unnecessary delay.
(5) (a) The person who takes a minor to a detention or shelter facility shall promptly file
with the detention or shelter facility a written report on a form provided by the division stating the
details of the presently alleged offense, the facts which bring the minor within the jurisdiction of
the juvenile court, and the reason the minor was not released by law enforcement.
(b) (i) The designated youth corrections facility staff person shall immediately review the
form and determine, based on the guidelines for detention admissions established by the Division
of Juvenile Justice Services under Sections 62A-7-104 and 62A-7-205 , whether to admit the
minor to secure detention, admit the minor to home detention, place the minor in a placement
other than detention, or return the minor home upon written promise to bring the minor to the
court at a time set, or without restriction.
(ii) If the designated youth corrections facility staff person determines to admit the minor
to home detention, that staff person shall notify the juvenile court of that determination. The
court shall order that notice be provided to the designated persons in the local law enforcement
agency and the school or transferee school, if applicable, which the minor attends of the home
detention. 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 notification of home detention is not:
(A) civilly liable except when disclosure constitutes fraud or malice as provided in Section
63-30-4 ; and
(B) civilly or criminally liable except when disclosure constitutes a knowing violation of
Section 63-2-801 .
(c) A minor may not be admitted to detention unless the minor is detainable based on the
guidelines or the minor has been brought to detention pursuant to a judicial order or division
warrant pursuant to Subsection 62A-7-112 (8).
(d) If a minor taken to detention does not qualify for admission under the guidelines
established by the division under Sections 62A-7-104 and 62A-7-205 , detention staff shall arrange
appropriate placement.
(e) If a minor is taken into custody and admitted to a secure detention or shelter facility,
facility staff shall immediately notify the minor's parents, guardian, or custodian and shall promptly
notify the court of the placement.
(f) If the minor is admitted to a secure detention or shelter facility outside the county of
his residence and it is determined in the hearing held under Subsection 78-3a-114 (3) that
detention shall continue, the judge or commissioner shall direct the sheriff of the county of the
minor's residence to transport the minor to a detention or shelter facility as provided in this
section.
(6) A person may be taken into custody by a peace officer without a court order if the
person is in apparent violation of a protective order or if there is reason to believe that a minor is
being abused by the person and any of the situations outlined in Section 77-7-2 exist.
Section 5. Section 78-3a-114 (Effective 07/01/04) is amended to read:
78-3a-114 (Effective 07/01/04). Placement of minor in detention or shelter facility --
Grounds -- Detention hearings -- Period of detention -- Notice -- Confinement of minors for
criminal proceedings -- Bail laws inapplicable, exception.
(1) (a) A minor may not be placed or kept in a secure detention facility pending court
proceedings unless it is unsafe for the public to leave the minor with his parents, guardian, or
custodian and the minor is detainable based on guidelines promulgated by the Division of Juvenile
Justice Services.
(b) A minor who must be taken from his home but who does not require physical
restriction shall be given temporary care in a shelter facility and may not be placed in a detention
facility.
(c) A minor may not be placed or kept in a shelter facility pending court proceedings
unless it is unsafe for the minor to leave him with his parents, guardian, or custodian.
(2) After admission to a detention facility pursuant to the guidelines established by the
Division of Juvenile Justice Services and immediate investigation by an authorized officer of the
court, the judge or the officer shall order the release of the minor to his parents, guardian, or
custodian if it is found he can be safely returned to their care, either upon written promise to bring
the minor to the court at a time set or without restriction.
(a) If the minor's parent, guardian, or custodian fails to retrieve the minor from a facility
within 24 hours after notification of release, the parent, guardian, or custodian is responsible for
the cost of care for the time the minor remains in the facility.
(b) The facility shall determine the cost of care.
(c) Any money collected under this Subsection (2) shall be retained by the Division of
Juvenile Justice Services to recover the cost of care for the time the minor remains in the facility.
(3) (a) When a minor is detained in a detention or shelter facility, the parents or guardian
shall be informed by the person in charge of the facility that they have the right to a prompt
hearing in court to determine whether the minor is to be further detained or released.
(b) Detention hearings shall be held by the judge or by a commissioner.
(c) The court may, at any time, order the release of the minor, whether a detention
hearing is held or not.
(d) If the minor is released, and the minor remains in the facility, because the parents,
guardian, or custodian fails to retrieve the minor, the parents, guardian, or custodian shall be
responsible for the cost of care as provided in Subsections (2)(a), (b), and ©).
(4) (a) A minor may not be held in a detention facility longer than 48 hours prior to a
detention hearing, excluding weekends and holidays, unless the court has entered an order for
continued detention.
(b) A minor may not be held in a shelter facility longer than 48 hours prior to a shelter
hearing, excluding weekends and holidays, unless a court order for extended shelter has been
entered by the court after notice to all parties described in Section 78-3a-306 .
(c) A hearing for detention or shelter may not be waived. Detention staff shall provide
the court with all information received from the person who brought the minor to the detention
facility.
(d) If the court finds at a detention hearing that it is not safe to release the minor, the
judge or commissioner may order the minor to be held in the facility or be placed in another
appropriate facility, subject to further order of the court.
(e) (i) After a detention hearing has been held, only the court may release a minor from
detention. If a minor remains in a detention facility, periodic reviews shall be held pursuant to the
Utah State Juvenile Court Rules of Practice and Procedure to ensure that continued detention is
necessary.
(ii) (A) [
76-3-203.5 , or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court [
or no contact orders, be provided to designated persons in the appropriate local law enforcement
agency and district superintendent or 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, school district, 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 disclosure constitutes a knowing violation of
Section 63-2-801 .
(5) A minor may not be held in a detention facility, following a dispositional order of the
court for nonsecure substitute care as defined in Section 62A-4a-101 , or for community-based
placement under Section 62A-7-101 for longer than 72 hours, excluding weekends and holidays.
The period of detention may be extended by the court for one period of seven calendar days if:
(a) the Division of Juvenile Justice Services or another agency responsible for placement
files a written petition with the court requesting the extension and setting forth good cause; and
(b) the court enters a written finding that it is in the best interests of both the minor and
the community to extend the period of detention.
(6) The agency requesting an extension shall promptly notify the detention facility that a
written petition has been filed.
(7) The court shall promptly notify the detention facility regarding its initial disposition
and any ruling on a petition for an extension, whether granted or denied.
(8) (a) A minor under 16 years of age may not be held in a jail, lockup, or other place for
adult detention except as provided by Section 62A-7-201 or unless certified as an adult pursuant
to Section 78-3a-603 . The provisions of Section 62A-7-201 regarding confinement facilities
apply to this Subsection (8).
(b) A minor 16 years of age or older whose conduct or condition endangers the safety or
welfare of others in the detention facility for minors may, by court order that specifies the reasons,
be detained in another place of confinement considered appropriate by the court, including a jail
or other place of confinement for adults. However, a secure youth corrections facility is not an
appropriate place of confinement for detention purposes under this section.
(9) A sheriff, warden, or other official in charge of a jail or other facility for the detention
of adult offenders or persons charged with crime shall immediately notify the juvenile court when
a minor who is or appears to be under 18 years of age is received at the facility and shall make
arrangements for the transfer of the minor to a detention facility, unless otherwise ordered by the
juvenile court.
(10) This section does not apply to a minor who is brought to the adult facility under
charges pursuant to Section 78-3a-602 or by order of the juvenile court to be held for criminal
proceedings in the district court under Section 78-3a-603 .
(11) A minor held for criminal proceedings under Section 78-3a-602 or 78-3a-603 may be
detained in a jail or other place of detention used for adults charged with crime.
(12) Provisions of law regarding bail are not applicable to minors detained or taken into
custody under this chapter, except that bail may be allowed:
(a) if a minor who need not be detained lives outside this state; or
(b) when a minor who need not be detained comes within one of the classes in Subsection
78-3a-503 (11).
(13) Section 76-8-418 is applicable to a minor who willfully and intentionally commits an
act against a jail or other place of confinement, including a Division of Juvenile Justice Services
detention, shelter, or secure confinement facility which would be a third degree felony if
committed by an adult.
Section 6. Section 78-3a-118 (Effective 07/01/04) is amended to read:
78-3a-118 (Effective 07/01/04). 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:
(i) the specific offenses for which the minor was adjudicated[
(ii) if available, if the victim:
(A) resides in the same school district as the minor; or
(B) attends the same school as the minor.
(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 Juvenile Justice Services; 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 Juvenile Justice Services, 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 Juvenile Justice Services 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 Juvenile
Justice Services.
(e) The court may commit the minor, subject to the court retaining continuing jurisdiction
over him, to the temporary custody of the Division of Juvenile Justice Services 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 Juvenile Justice Services.
(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) (A) 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.
(B) The court may also require the minor to reimburse an individual, entity, or
governmental agency who offered and paid a reward to a person or persons for providing
information resulting in a court adjudication that the minor is within the jurisdiction of the juvenile
court due to the commission of a criminal offense.
(C) 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 committed to the physical custody of a local
mental 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. The juvenile court may enter an order for
child support on behalf of the minor child against the natural or adoptive parents of the child.
(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 Juvenile Justice
Services, 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 7. Effective date.
This bill takes effect on July 1, 2004, except that the amendments to Section 78-3a-114
take effect on May 1, 2005.
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