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H.B. 135 Enrolled

                 

NOTIFICATION OF SCHOOL DISTRICT OF

                 
VIOLENT OFFENSE BY A STUDENT

                 
2004 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: M. Susan Lawrence

                 
                  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 [Subsection] Subsections 78-3a-113 (3)(b) and 78-3a-118 (1)(b) [shall
                  be] are governed by this part.
                      (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 [five] three days of receiving the information from the juvenile court or a law
                  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,

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                  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

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                  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

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                  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.
                      [(b)] (d) Before the minor is released, the parent or other person to whom the minor is
                  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.

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                      (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

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                  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 ©).

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                      (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) [If] After a detention hearing 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 court [orders
                  home detention, it] shall direct that notice of its [order] decision, including any disposition, order,
                  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

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                  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

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                  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[.]; and
                      (ii) if available, if the victim:
                      (A) resides in the same school district as the minor; or

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                      (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.

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                      (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

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                      (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

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                  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.

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                      (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.

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                      (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;

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                      (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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