This document includes House Floor Amendments incorporated into the bill on Tue, Feb 28, 2017 at 12:16 PM by ryoung.
This document includes House Floor Amendments incorporated into the bill on Tue, Feb 28, 2017 at 1:24 PM by ryoung.
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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to juvenile justice.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses duties of prosecutors;
13 ▸ modifies adjudications of minors under the Alcoholic Beverage Control Act;
14 ▸ amends provisions related to sanctions and driver licenses;
15 ▸ addresses education of certain persons under 21 years of age;
16 ▸ amends provisions related to powers and duties of local school boards, charter
17 school governing boards, school districts, or public school administrators;
18 ▸ addresses reporting of certain conduct;
19 ▸ addresses public school discipline policies;
20 ▸ modifies provisions related to rules addressing prohibited conduct;
21 ▸ enacts a tiered approach to disciplinary actions related to students;
22 ▸ amends provisions related to disruptive student behavior;
23 ▸ addresses contracts between LEAs and law enforcement for school resource officer
24 services;
25 ▸ modifies provisions related to controlled substances and prohibited acts;
26 ▸ modifies sentencing requirements for minors and drug paraphernalia and controlled
27 substances;
28 ▸ repeals language regarding programs and procedures for minors committed to the
29 custody of the Division of Child and Family Services;
30 ▸ amends provisions related to in-home services;
31 ▸ amends definition provisions;
32 ▸ modifies provisions related to the Division of Juvenile Justice Services;
33 ▸ modifies provisions related to restitution by a youth offender;
34 ▸ addresses location of detention facilities and services;
35 ▸ addresses commitment;
36 ▸ modifies provisions related to the Youth Parole Authority;
37 ▸ addresses discharge of youth offender;
38 ▸ addresses youth services for prevention and early intervention;
39 ▸ addresses community-based programs;
40 ▸ modifies provisions related to the Commission on Criminal and Juvenile Justice;
41 ▸ amends provisions related to minors and intoxication;
42 ▸ amends provisions related to the buying and possession of a cigar, cigarette,
43 electronic cigarette, or tobacco;
44 ▸ addresses the jurisdiction of the juvenile court;
45 ▸ enacts language regarding warrants;
46 ▸ addresses when a minor may be taken into custody;
47 ▸ addresses summons;
48 ▸ repeals language regarding bench warrants;
49 ▸ modifies provisions related minors being taken into custody or detention or
50 alternatives;
51 ▸ addresses when the attorney general represents the Division of Child and Family
52 Services;
53 ▸ modifies provisions related to the adjudication in juvenile courts;
54 ▸ addresses a judgment, decree, or order and the rights and responsibilities of agency
55 or individual granted custody, probation, or protective supervision;
56 ▸ addresses fines, fees, and restitution;
57 ▸ enacts provisions related to case planning and appropriate responses;
58 ▸ enacts provisions related to detention risk assessment tool;
59 ▸ amends provisions related to prosecutors and review of case;
60 ▸ modifies the citation procedure;
61 ▸ addresses a minor held in detention;
62 ▸ modifies suspension of driver license;
63 ▸ modifies jurisdiction of district court;
64 ▸ modifies enforcement of contempt or a fine, fee, or restitution;
65 ▸ addresses youth court;
66 ▸ addresses the imposition of fees and expenses;
67 ▸ addresses jurisdiction of courts; and
68 ▸ makes technical and conforming amendments.
69 Money Appropriated in this Bill:
70 None
71 Other Special Clauses:
72 This bill provides a special effective date.
73 Utah Code Sections Affected:
74 AMENDS:
75 17-18a-404, as enacted by Laws of Utah 2013, Chapter 237
76 32B-4-409, as last amended by Laws of Utah 2015, Chapter 165
77 32B-4-410, as last amended by Laws of Utah 2015, Chapter 165
78 32B-4-411, as last amended by Laws of Utah 2015, Chapter 165
79 53A-1-403, as last amended by Laws of Utah 2011, Chapter 359
80 53A-3-402, as last amended by Laws of Utah 2016, Chapter 144
81 53A-11-101.7, as last amended by Laws of Utah 2014, Chapter 359
82 53A-11-103, as last amended by Laws of Utah 2012, Chapter 203
83 53A-11-105, as last amended by Laws of Utah 2008, Chapter 3
84 53A-11-403, as enacted by Laws of Utah 1988, Chapter 2
85 53A-11-901, as last amended by Laws of Utah 2015, Chapter 442
86 53A-11-908, as last amended by Laws of Utah 2010, Chapter 114
87 53A-11-910, as last amended by Laws of Utah 2008, Chapter 250
88 53A-11-1302, as renumbered and amended by Laws of Utah 2008, Chapter 3
89 53A-11-1604, as enacted by Laws of Utah 2016, Chapter 165
90 58-37-8, as last amended by Laws of Utah 2016, Chapters 99 and 348
91 58-37a-7, as enacted by Laws of Utah 2015, Chapter 165
92 58-37b-9, as enacted by Laws of Utah 2015, Chapter 165
93 62A-4a-105, as last amended by Laws of Utah 2016, Chapter 296
94 62A-4a-201, as last amended by Laws of Utah 2015, Chapter 274
95 62A-4a-202, as last amended by Laws of Utah 2014, Chapter 265
96 62A-4a-208, as last amended by Laws of Utah 2009, Chapter 75
97 62A-4a-250, as last amended by Laws of Utah 2008, Chapter 3
98 62A-7-101, as last amended by Laws of Utah 2008, Chapter 3
99 62A-7-104, as last amended by Laws of Utah 2015, Chapter 210
100 62A-7-107.5, as renumbered and amended by Laws of Utah 2005, Chapter 13
101 62A-7-109.5, as renumbered and amended by Laws of Utah 2005, Chapter 13
102 62A-7-201, as last amended by Laws of Utah 2015, Chapter 338
103 62A-7-202, as last amended by Laws of Utah 2008, Chapter 382
104 62A-7-404, as renumbered and amended by Laws of Utah 2005, Chapter 13
105 62A-7-501, as last amended by Laws of Utah 2010, Chapter 286
106 62A-7-504, as renumbered and amended by Laws of Utah 2005, Chapter 13
107 62A-7-506, as renumbered and amended by Laws of Utah 2005, Chapter 13
108 62A-7-601, as renumbered and amended by Laws of Utah 2005, Chapter 13
109 62A-7-701, as renumbered and amended by Laws of Utah 2005, Chapter 13
110 63M-7-204, as last amended by Laws of Utah 2015, Chapter 412
111 63M-7-404, as last amended by Laws of Utah 2015, Chapter 412
112 76-5-413, as last amended by Laws of Utah 2008, Chapter 3
113 76-9-701, as last amended by Laws of Utah 2015, Chapter 165
114 76-10-105, as last amended by Laws of Utah 2010, Chapter 114
115 78A-6-103, as last amended by Laws of Utah 2012, Chapter 316
116 78A-6-105, as last amended by Laws of Utah 2016, Chapters 109 and 351
117 78A-6-109, as last amended by Laws of Utah 2009, Chapter 388
118 78A-6-111, as renumbered and amended by Laws of Utah 2008, Chapter 3
119 78A-6-112, as renumbered and amended by Laws of Utah 2008, Chapter 3
120 78A-6-113, as last amended by Laws of Utah 2010, Chapter 38
121 78A-6-115, as last amended by Laws of Utah 2010, Chapter 34
122 78A-6-117, as last amended by Laws of Utah 2016, Chapter 418
123 78A-6-118, as renumbered and amended by Laws of Utah 2008, Chapter 3
124 78A-6-119, as renumbered and amended by Laws of Utah 2008, Chapter 3
125 78A-6-120, as last amended by Laws of Utah 2014, Chapter 217
126 78A-6-121, as renumbered and amended by Laws of Utah 2008, Chapter 3
127 78A-6-302, as last amended by Laws of Utah 2016, Chapter 231
128 78A-6-306, as last amended by Laws of Utah 2015, Chapter 274
129 78A-6-312, as last amended by Laws of Utah 2016, Chapter 231
130 78A-6-401, as renumbered and amended by Laws of Utah 2008, Chapter 3
131 78A-6-602, as last amended by Laws of Utah 2013, Chapter 237
132 78A-6-603, as renumbered and amended by Laws of Utah 2008, Chapter 3
133 78A-6-604, as renumbered and amended by Laws of Utah 2008, Chapter 3
134 78A-6-606, as last amended by Laws of Utah 2015, Chapters 165 and 258
135 78A-6-701, as last amended by Laws of Utah 2015, Chapter 338
136 78A-6-1101, as renumbered and amended by Laws of Utah 2008, Chapter 3
137 78A-6-1202, as last amended by Laws of Utah 2010, Chapter 276
138 78A-6-1203, as last amended by Laws of Utah 2013, Chapter 27
139 78A-6-1207, as last amended by Laws of Utah 2013, Chapter 27
140 78A-6-1302, as last amended by Laws of Utah 2013, Chapter 278
141 78A-7-106, as last amended by Laws of Utah 2016, Chapter 33
142 ENACTS:
143 53A-11-911, Utah Code Annotated 1953
144 63M-7-208, Utah Code Annotated 1953
145 78A-6-106.5, Utah Code Annotated 1953
146 78A-6-123, Utah Code Annotated 1953
147 78A-6-124, Utah Code Annotated 1953
148
149 Be it enacted by the Legislature of the state of Utah:
150 Section 1. Section 17-18a-404 is amended to read:
151 17-18a-404. Juvenile proceedings.
152 For a proceeding involving a charge of juvenile delinquency, [
153 status offense, a prosecutor shall:
154 (1) review cases pursuant to Section 78A-6-602; and
155 (2) appear and prosecute for the state in the juvenile court of the county.
156 Section 2. Section 32B-4-409 is amended to read:
157 32B-4-409. Unlawful purchase, possession, consumption by minor -- Measurable
158 amounts in body.
159 (1) Unless specifically authorized by this title, it is unlawful for a minor to:
160 (a) purchase an alcoholic product;
161 (b) attempt to purchase an alcoholic product;
162 (c) solicit another person to purchase an alcoholic product;
163 (d) possess an alcoholic product;
164 (e) consume an alcoholic product; or
165 (f) have measurable blood, breath, or urine alcohol concentration in the minor's body.
166 (2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic
167 product for a minor for:
168 (a) a minor to misrepresent the minor's age; or
169 (b) any other person to misrepresent the age of a minor.
170 (3) It is unlawful for a minor to possess or consume an alcoholic product while riding
171 in a limousine or chartered bus.
172 (4) (a) If a minor is found by a court to have violated this section and the violation is
173 the minor's first violation of this section, the court may:
174 (i) order the minor to complete a screening as defined in Section 41-6a-501;
175 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
176 screening indicates an assessment to be appropriate; and
177 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
178 or substance [
179 (b) If a minor is found by a court to have violated this section and the violation is the
180 minor's second or subsequent violation of this section, the court shall:
181 (i) order the minor to complete a screening as defined in Section 41-6a-501;
182 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
183 screening indicates an assessment to be appropriate; and
184 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
185 or substance [
186 (5) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
187 found by a court to have violated this section, except as provided in Section 32B-4-411, the
188 court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
189 (b) Notwithstanding the provision in Subsection (5)(a), the court may reduce the
190 suspension period required under Section 53-3-219 if:
191 (i) the violation is the minor's first violation of this section; and
192 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
193 (B) the minor demonstrates substantial progress in substance [
194 treatment.
195 (c) Notwithstanding the requirement in Subsection (5)(a) and in accordance with the
196 requirements of Section 53-3-219, the court may reduce the suspension period required under
197 Section 53-3-219 if:
198 (i) the violation is the minor's second or subsequent violation of this section;
199 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
200 demonstrated substantial progress in substance [
201 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
202 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
203 consecutive period during the suspension period imposed under Subsection (5)(a); or
204 (B) the person is under 18 years of age and has the person's parent or legal guardian
205 provide an affidavit or sworn statement to the court certifying that to the parent or legal
206 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
207 one-year consecutive period during the suspension period imposed under Subsection (5)(a).
208 (6) When a minor who is [
209 found by the court to have violated this section, Section 78A-6-606 applies to the violation.
210 (7) Notwithstanding Subsections (5)(a) and (b), if a minor is adjudicated under Section
211 78A-6-117, the court may only order substance use disorder treatment or an educational series
212 if the minor has an assessed need for the intervention on the basis of the results of a validated
213 assessment.
214 [
215 violation of this section, the Driver License Division shall suspend the person's license under
216 Section 53-3-219.
217 [
218 of a person for a driving offense committed while the person's license is suspended pursuant to
219 this section, the Department of Public Safety shall extend the suspension for an additional like
220 period of time.
221 [
222 in accordance with this title:
223 (a) for medicinal purposes if:
224 (i) the minor is at least 18 years old; or
225 (ii) the alcoholic product is furnished by:
226 (A) the parent or guardian of the minor; or
227 (B) the minor's health care practitioner, if the health care practitioner is authorized by
228 law to write a prescription; or
229 (b) as part of a religious organization's religious services.
230 Section 3. Section 32B-4-410 is amended to read:
231 32B-4-410. Unlawful admittance or attempt to gain admittance by minor.
232 (1) It is unlawful for a minor to gain admittance or attempt to gain admittance to the
233 premises of:
234 (a) a tavern; or
235 (b) a social club licensee, except to the extent authorized by Section 32B-6-406.1.
236 (2) A minor who violates this section is guilty of a class C misdemeanor.
237 (3) (a) If a minor is found by a court to have violated this section and the violation is
238 the minor's first violation of this section, the court may:
239 (i) order the minor to complete a screening as defined in Section 41-6a-501;
240 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
241 screening indicates an assessment to be appropriate; and
242 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
243 or substance [
244 (b) If a minor is found by a court to have violated this section and the violation is the
245 minor's second or subsequent violation of this section, the court shall:
246 (i) order the minor to complete a screening as defined in Section 41-6a-501;
247 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
248 screening indicates an assessment to be appropriate; and
249 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
250 or substance [
251 (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
252 found by a court to have violated this section, except as provided in Section 32B-4-411, the
253 court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
254 (b) Notwithstanding [
255 suspension period required under Section 53-3-219 if:
256 (i) the violation is the minor's first violation of this section; and
257 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
258 (B) the minor demonstrates substantial progress in substance [
259 treatment.
260 (c) Notwithstanding [
261
262 Section 53-3-219 if:
263 (i) the violation is the minor's second or subsequent violation of this section;
264 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
265 demonstrated substantial progress in substance [
266 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
267 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
268 consecutive period during the suspension period imposed under Subsection (4)(a); or
269 (B) the person is under 18 years of age and has the person's parent or legal guardian
270 provide an affidavit or sworn statement to the court certifying that to the parent or legal
271 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
272 one-year consecutive period during the suspension period imposed under Subsection (4)(a).
273 (5) When a minor who is [
274 found by a court to have violated this section, Section 78A-6-606 applies to the violation.
275 (6) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under Section
276 78A-6-117, the court may only order substance use disorder treatment or an educational series
277 if the minor has an assessed need for the intervention on the basis of the results of a validated
278 assessment.
279 [
280 violation of this section, the Driver License Division shall suspend the person's license under
281 Section 53-3-219.
282 [
283 of a person for a driving offense committed while the person's license is suspended pursuant to
284 this section, the Department of Public Safety shall extend the suspension for an additional like
285 period of time.
286 Section 4. Section 32B-4-411 is amended to read:
287 32B-4-411. Minor's unlawful use of proof of age.
288 (1) As used in this section, "proof of age violation" means a violation by a minor of:
289 (a) Chapter 1, Part 4, Proof of Age Act; or
290 (b) if as part of the violation the minor uses a proof of age in violation of Chapter 1,
291 Part 4, Proof of Age Act:
292 (i) Section 32B-4-409; or
293 (ii) Section 32B-4-410.
294 (2) If a court finds a minor engaged in a proof of age violation, notwithstanding the
295 penalties provided for in Subsection (1):
296 (a) (i) for a first violation, the minor is guilty of a class B misdemeanor;
297 (ii) for a second violation, the minor is guilty of a class A misdemeanor; and
298 (iii) for a third or subsequent violation, the minor is guilty of a class A misdemeanor,
299 except that the court may impose:
300 (A) a fine of up to $5,000;
301 (B) screening, assessment, or substance [
302 Section 41-6a-501;
303 (C) an educational series, as defined in Section 41-6a-501;
304 (D) alcoholic product related community service or compensatory service work
305 program hours;
306 (E) fees for restitution and treatment costs;
307 (F) defensive driver education courses; or
308 (G) a combination of these penalties; and
309 (b) (i) for a minor who is [
310 (A) the court [
311 adjudication under Title 78A, Chapter 6, Juvenile Court Act [
312 this section; and
313 (B) the provisions regarding suspension of a driver license under Section 78A-6-606
314 apply; and
315 (ii) for a minor who is at least 18 years old, but younger than 21 years old:
316 (A) the court shall forward to the Driver License Division a record of conviction for a
317 violation under this section; and
318 (B) the Driver License Division shall suspend the person's license under Section
319 53-3-220.
320 (c) Notwithstanding Subsection (2)(a), if a minor is adjudicated under Section
321 78A-6-117, the court may order:
322 (i) substance use disorder treatment or an educational series only if the minor has an
323 assessed need for the intervention based on the results of a validated assessment; and
324 (ii) a fine, fee, service hours, or costs in accordance with Section 78A-6-117.
325 (3) (a) Notwithstanding [
326 the suspension period under Subsection 53-3-220(1)(e) or 78A-6-606(3)(d) if:
327 (i) the violation is the minor's first violation of [
328 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
329 (B) the minor demonstrates substantial progress in substance [
330 treatment.
331 (b) Notwithstanding the requirement in Subsection (2)(b), the court may reduce the
332 suspension period under Subsection 53-3-220(1)(e) or 78A-6-606(3)(d) if:
333 (i) the violation is the minor's second or subsequent violation of [
334 this section;
335 (ii) the person has completed an educational series as defined in Section 41-6a-501 or
336 demonstrated substantial progress in substance [
337 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
338 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
339 consecutive period during the suspension period imposed under Subsection 53-3-220(1)(e) or
340 78A-6-606(3)(d); or
341 (B) the minor is under 18 years of age and has the minor's parent or legal guardian
342 provide an affidavit or sworn statement to the court certifying that to the parent or legal
343 guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least a
344 one-year consecutive period during the suspension period imposed under Subsection
345 53-3-220(1)(e) or 78A-6-606(3)(d).
346 (4) When the Department of Public Safety receives the arrest or conviction record of an
347 individual for a driving offense committed while the individual's license is suspended pursuant
348 to this section, the Department of Public Safety shall extend the suspension for an additional
349 like period of time.
350 (5) A court may not fail to enter a judgment of conviction under this section under a
351 plea in abeyance agreement.
352 Section 5. Section 53A-1-403 is amended to read:
353 53A-1-403. Education of persons under 21 in custody of or receiving services
354 from certain state agencies -- Establishment of coordinating council -- Advisory councils.
355 (1) For purposes of this section, "board" means the State Board of Education.
356 (2) (a) The board is directly responsible for the education of all persons under the age
357 of 21 who are:
358 (i) [
359 (ii) in the custody of an equivalent agency of a Native American tribe recognized by
360 the United States Bureau of Indian Affairs and whose custodial parent or legal guardian resides
361 within the state; or
362 (iii) being held in a juvenile detention facility.
363 (b) The board shall adopt rules, in accordance with Title 63G, Chapter 3, Utah
364 Administrative Rulemaking Act, to provide for the distribution of funds for the education of
365 persons described in Subsection (2)(a).
366 (3) Subsection (2)(a)(ii) does not apply to persons taken into custody for the primary
367 purpose of obtaining access to education programs provided for youth in custody.
368 (4) The board shall, where feasible, contract with school districts or other appropriate
369 agencies to provide educational, administrative, and supportive services, but the board shall
370 retain responsibility for the programs.
371 (5) The Legislature shall establish and maintain separate education budget categories
372 for youth in custody or who are under the jurisdiction of the following state agencies:
373 (a) detention centers and the Divisions of Juvenile Justice Services and Child and
374 Family Services;
375 (b) the Division of Substance Abuse and Mental Health; and
376 (c) the Division of Services for People with Disabilities.
377 (6) (a) The Department of Human Services and the State Board of Education shall
378 appoint a coordinating council to plan, coordinate, and recommend budget, policy, and
379 program guidelines for the education and treatment of persons in the custody of the Division of
380 Juvenile Justice Services and the Division of Child and Family Services.
381 (b) The department and board may appoint similar councils for those in the custody of
382 the Division of Substance Abuse and Mental Health or the Division of Services for People with
383 Disabilities.
384 (7) A school district contracting to provide services under Subsection (4) shall
385 establish an advisory council to plan, coordinate, and review education and treatment programs
386 for persons held in custody in the district.
387 Section 6. Section 53A-3-402 is amended to read:
388 53A-3-402. Powers and duties generally.
389 (1) [
390 (a) implement the core standards for Utah public schools [
391 materials that best correlate to the core standards for Utah public schools and graduation
392 requirements;
393 (b) administer tests, required by the State Board of Education, which measure the
394 progress of each student, and coordinate with the state superintendent and State Board of
395 Education to assess results and create plans to improve the student's progress, which shall be
396 submitted to the State Board of Education for approval;
397 (c) use progress-based assessments as part of a plan to identify schools, teachers, and
398 students that need remediation and determine the type and amount of federal, state, and local
399 resources to implement remediation;
400 (d) develop early warning systems for students or classes failing to make progress;
401 (e) work with the State Board of Education to establish a library of documented best
402 practices, consistent with state and federal regulations, for use by the local districts; and
403 (f) implement training programs for school administrators, including basic
404 management training, best practices in instructional methods, budget training, staff
405 management, managing for learning results and continuous improvement, and how to help
406 every child achieve optimal learning in basic academic subjects.
407 (2) Local school boards shall spend minimum school program funds for programs and
408 activities for which the State Board of Education has established minimum standards or rules
409 under Section 53A-1-402.
410 (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
411 and equipment and construct, erect, and furnish school buildings.
412 (b) School sites or buildings may only be conveyed or sold on board resolution
413 affirmed by at least two-thirds of the members.
414 (4) (a) A board may participate in the joint construction or operation of a school
415 attended by children residing within the district and children residing in other districts either
416 within or outside the state.
417 (b) Any agreement for the joint operation or construction of a school shall:
418 (i) be signed by the president of the board of each participating district;
419 (ii) include a mutually agreed upon pro rata cost; and
420 (iii) be filed with the State Board of Education.
421 (5) A board may establish, locate, and maintain elementary, secondary, and applied
422 technology schools.
423 (6) Except as provided in Section 53A-1-1001, a board may enroll children in school
424 who are at least five years of age before September 2 of the year in which admission is sought.
425 (7) A board may establish and support school libraries.
426 (8) A board may collect damages for the loss, injury, or destruction of school property.
427 (9) A board may authorize guidance and counseling services for children and their
428 parents or guardians [
429 schools.
430 (10) (a) A board shall administer and implement federal educational programs in
431 accordance with Title 53A, Chapter 1, Part 9, Implementing Federal or National Education
432 Programs Act.
433 (b) Federal funds are not considered funds within the school district budget under Title
434 53A, Chapter 19, Public School Budgets.
435 (11) (a) A board may organize school safety patrols and adopt rules under which the
436 patrols promote student safety.
437 (b) A student appointed to a safety patrol shall be at least 10 years old and have written
438 parental consent for the appointment.
439 (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
440 of a highway intended for vehicular traffic use.
441 (d) Liability may not attach to a school district, its employees, officers, or agents or to a
442 safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
443 the program by virtue of the organization, maintenance, or operation of a school safety patrol.
444 (12) (a) A board may on its own behalf, or on behalf of an educational institution for
445 which the board is the direct governing body, accept private grants, loans, gifts, endowments,
446 devises, or bequests that are made for educational purposes.
447 (b) These contributions are not subject to appropriation by the Legislature.
448 (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
449 citations for violations of Subsection 76-10-105(2).
450 (b) A person may not be appointed to serve as a compliance officer without the
451 person's consent.
452 (c) A teacher or student may not be appointed as a compliance officer.
453 (14) A board shall adopt bylaws and rules for [
454 (15) (a) A board shall make and enforce rules necessary for the control and
455 management of the district schools.
456 (b) [
457 public access.
458 (16) A board may hold school on legal holidays other than Sundays.
459 (17) (a) [
460 committee to implement this Subsection (17).
461 (b) The committee shall be composed of one representative of:
462 (i) the schools within the district;
463 (ii) the Parent Teachers' Association of the schools within the district;
464 (iii) the municipality or county;
465 (iv) state or local law enforcement; and
466 (v) state or local traffic safety engineering.
467 (c) The committee shall:
468 (i) receive suggestions from school community councils, parents, teachers, and others
469 and recommend school traffic safety improvements, boundary changes to enhance safety, and
470 school traffic safety program measures;
471 (ii) review and submit annually to the Department of Transportation and affected
472 municipalities and counties a child access routing plan for each elementary, middle, and junior
473 high school within the district;
474 (iii) consult the Utah Safety Council and the Division of Family Health Services and
475 provide training to all school children in kindergarten through grade six, within the district, on
476 school crossing safety and use; and
477 (iv) help ensure the district's compliance with rules made by the Department of
478 Transportation under Section 41-6a-303.
479 (d) The committee may establish subcommittees as needed to assist in accomplishing
480 its duties under Subsection (17)(c).
481 (18) (a) [
482 response plan to prevent and combat violence in [
483 school grounds, on its school vehicles, and in connection with school-related activities or
484 events.
485 (b) The plan shall:
486 (i) include prevention, intervention, and response components;
487 (ii) be consistent with the student conduct and discipline policies required for school
488 districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
489 (iii) require inservice training for all district and school building staff on what their
490 roles are in the emergency response plan;
491 (iv) provide for coordination with local law enforcement and other public safety
492 representatives in preventing, intervening, and responding to violence in the areas and activities
493 referred to in Subsection (18)(a); and
494 (v) include procedures to notify a student, to the extent practicable, who is off campus
495 at the time of a school violence emergency because the student is:
496 (A) participating in a school-related activity; or
497 (B) excused from school for a period of time during the regular school day to
498 participate in religious instruction at the request of the student's parent or guardian.
499 (c) The State Board of Education, through the state superintendent of public
500 instruction, shall develop comprehensive emergency response plan models that local school
501 boards may use, where appropriate, to comply with Subsection (18)(a).
502 (d) [
503 of Education that its plan has been practiced at the school level and presented to and reviewed
504 by its teachers, administrators, students, and their parents and local law enforcement and public
505 safety representatives.
506 (19) (a) [
507 treatment of sports-related injuries that occur during school sports practices and events.
508 (b) The plan may be implemented by each secondary school in the district that has a
509 sports program for students.
510 (c) The plan may:
511 (i) include emergency personnel, emergency communication, and emergency
512 equipment components;
513 (ii) require inservice training on the emergency response plan for school personnel who
514 are involved in sports programs in the district's secondary schools; and
515 (iii) provide for coordination with individuals and agency representatives who:
516 (A) are not employees of the school district; and
517 (B) would be involved in providing emergency services to students injured while
518 participating in sports events.
519 (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
520 review the plan each year and make revisions when required to improve or enhance the plan.
521 (e) The State Board of Education, through the state superintendent of public
522 instruction, shall provide local school boards with an emergency plan response model that local
523 boards may use to comply with the requirements of this Subsection (19).
524 (20) A board shall do all other things necessary for the maintenance, prosperity, and
525 success of the schools and the promotion of education.
526 (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
527 (i) hold a public hearing, as defined in Section 10-9a-103; and
528 (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
529 (b) The notice of a public hearing required under Subsection (21)(a) shall:
530 (i) indicate the:
531 (A) school or schools under consideration for closure or boundary change; and
532 (B) date, time, and location of the public hearing; and
533 (ii) at least 10 days [
534 (A) published:
535 (I) in a newspaper of general circulation in the area; and
536 (II) on the Utah Public Notice Website created in Section 63F-1-701; and
537 (B) posted in at least three public locations within the municipality or on the district's
538 official website.
539 (22) A board may implement a facility energy efficiency program established under
540 Title 11, Chapter 44, Performance Efficiency Act.
541 (23) A board may establish or partner with a certified youth court program, in
542 accordance with Section 78A-6-1203, or establish or partner with a comparable restorative
543 justice program, in coordination with schools in that district. A school may refer a student to
544 youth court or a comparable restorative justice program in accordance with Section
545 53A-11-911.
546 Ĥ→ [
547 team to respond to a student who fails to comply with the program or the agreement reached
548 through youth court or a comparable restorative justice program in accordance with Section
549 53A-11-911.
550 (b) A multidisciplinary team shall include:
551 (i) the minor;
552 (ii) the minor's parent, guardian, or custodial relative;☆
553 (iii) a school administrator or the school administrator's designee;
554 (iv) a clinician who has training and experience coordinating behavioral or mental
555 health treatment for juveniles if a clinician is available; and
556 (v) any other person or agency representative who is needed to assist in providing
557 recommendations for the particular needs of the minor and family.
558 Section 7. Section 53A-11-101.7 is amended to read:
559 53A-11-101.7. Truancy -- Notice of truancy -- Failure to cooperate with school
560 authorities.
561 (1) Except as provided in Section 53A-11-102 or 53A-11-102.5, a school-age minor
562 who is enrolled in a public school shall attend the public school in which the school-age minor
563 is enrolled.
564 (2) A local school board, charter school governing board, or school district may impose
565 administrative penalties on a school-age minor in accordance with Section 53A-11-911 who is
566 truant.
567 (3) A local school board or charter school governing board:
568 (a) may authorize a school administrator, a designee of a school administrator, a law
569 enforcement officer acting as a school resource officer, or a truancy specialist to issue notices
570 of truancy to school-age minors who are at least 12 years old; and
571 (b) shall establish a procedure for a school-age minor, or the school-age minor's
572 parents, to contest a notice of truancy.
573 (4) The notice of truancy described in Subsection (3):
574 (a) may not be issued until the school-age minor has been truant at least five times
575 during the school year;
576 (b) may not be issued to a school-age minor who is less than 12 years old;
577 (c) may not be issued to a minor exempt from school attendance as provided in Section
578 53A-11-102 or 53A-11-102.5;
579 (d) shall direct the school-age minor and the parent of the school-age minor to:
580 (i) meet with school authorities to discuss the school-age minor's truancies; and
581 (ii) cooperate with the school board, local charter board, or school district in securing
582 regular attendance by the school-age minor; and
583 (e) shall be mailed to, or served on, the school-age minor's parent.
584 [
585
586 [
587
588
589 [
590
591 [
592
593 [
594 [
595 [
596
597 [
598 [
599 [
600 [
601
602 [
603 [
604 [
605 board, or school district from taking action to resolve a truancy problem with a school-age
606 minor who has been truant less than five times, provided that the action does not conflict with
607 the requirements of this part.
608 [
609
610
611 Section 8. Section 53A-11-103 is amended to read:
612 53A-11-103. Duties of a school board, local charter board, or school district in
613 resolving attendance problems -- Parental involvement -- Liability not imposed.
614 (1) (a) Except as provided in Subsection (1)(b), a local school board, local charter
615 board, or school district shall make efforts to resolve the school attendance problems of each
616 school-age minor who is, or should be, enrolled in the school district.
617 (b) A minor exempt from school attendance under Section 53A-11-102 or
618 53A-11-102.5 is not considered to be a minor who is or should be enrolled in a school district
619 or charter school under Subsection (1)(a).
620 (2) The efforts described in Subsection (1) shall include, as reasonably feasible:
621 (a) counseling of the minor by school authorities;
622 (b) issuing a notice of truancy to a school-age minor who is at least 12 years old, in
623 accordance with Section 53A-11-101.7;
624 [
625 [
626 child, in accordance with Section 53A-11-101.5;
627 [
628 special needs of the minor;
629 [
630 [
631 [
632 [
633 available to assist the parent in resolving the school-age minor's attendance problems.
634 (3) In addition to the efforts described in Subsection (2), the local school board, local
635 charter board, or school district may enlist the assistance of community and law enforcement
636 agencies as appropriate and reasonably feasible in accordance with Section 53A-11-911.
637 (4) This section [
638 local school boards, local charter boards, school districts, or their employees.
639 (5) Proceedings initiated under this part do not obligate or preclude action by the
640 Division of Child and Family Services under Section 78A-6-319.
641 Section 9. Section 53A-11-105 is amended to read:
642 53A-11-105. Taking custody of a person believed to be a truant minor --
643 Disposition -- Reports -- Immunity from liability.
644 (1) A peace officer or public school administrator may take a minor into temporary
645 custody if there is reason to believe the minor is a truant minor.
646 (2) An individual taking a school-age minor into custody under Subsection (1) shall,
647 without unnecessary delay, release the minor to:
648 (a) the principal of the minor's school;
649 (b) a person who has been designated by the local school board or local charter board
650 to receive and return the minor to school; or
651 (c) a [
652 (3) If the minor refuses to return to school or go to the [
653 officer or administrator shall, without unnecessary delay, notify the minor's parents and release
654 the minor to their custody.
655 (4) If the parents cannot be reached or are unable or unwilling to accept custody and
656 none of the options in Subsection (2) are available, the minor shall be referred to the Division
657 of Child and Family Services.
658 (5) (a) A local school board or local charter board, singly or jointly with another school
659 board, may establish or designate [
660 and staff the centers with existing teachers or staff to provide educational guidance and
661 counseling for truant minors. Upon receipt of a truant minor, the center shall, without
662 unnecessary delay, notify and direct the minor's parents to come to the center, pick up the
663 minor, and return the minor to the school in which the minor is enrolled.
664 (b) If the parents cannot be reached or are unable or unwilling to comply with the
665 request within a reasonable time, the center shall take such steps as are reasonably necessary to
666 insure the safety and well being of the minor, including, when appropriate, returning the minor
667 to school or referring the minor to the Division of Child and Family Services. A minor taken
668 into custody under this section may not be placed in a detention center or other secure
669 confinement facility.
670 (6) Action taken under this section shall be reported to the appropriate school district.
671 The district shall promptly notify the minor's parents of the action taken.
672 (7) The Utah Governmental Immunity Act applies to all actions taken under this
673 section.
674 (8) Nothing in this section may be construed to grant authority to a public school
675 administrator to place a minor in the custody of the Division of Child and Family Services,
676 without complying with [
677 Services, [
678 Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings[
679
680 Section 10. Section 53A-11-403 is amended to read:
681 53A-11-403. Reporting procedure.
682 (1) The principal of a public school affected by this chapter shall appoint one educator
683 as the "designated educator" to make all reports required under Sections 53A-11-401 through
684 53A-11-404.
685 (2) The designated educator, upon receiving a report of a prohibited act from an
686 educator under Section 53A-11-402, shall immediately report the violation to the student's
687 parent or legal guardian, and may report the violation to an appropriate law enforcement
688 agency or official, in accordance with Section 53A-11-911.
689 (3) The designated educator may not disclose to the student or to the student's parent or
690 legal guardian the identity of the educator who made the initial report.
691 Section 11. Section 53A-11-901 is amended to read:
692 53A-11-901. Public school discipline policies -- Basis of the policies --
693 Enforcement.
694 (1) The Legislature recognizes that every student in the public schools should have the
695 opportunity to learn in an environment which is safe, conducive to the learning process, and
696 free from unnecessary disruption.
697 (2) (a) To foster such an environment, each local school board or governing board of a
698 charter school, with input from school employees, parents and guardians of students, students,
699 and the community at large, shall adopt conduct and discipline policies for the public schools
700 in accordance with Section 53A-11-911.
701 (b) [
702 student is expected:
703 (i) to follow accepted rules of conduct; and
704 (ii) to show respect for other people and to obey persons in authority at the school.
705 (c) (i) On or before September 1, 2015, the State Board of Education shall revise the
706 conduct and discipline policy models for elementary and secondary public schools to include
707 procedures for responding to reports received through the School Safety and Crisis Line under
708 Subsection 53A-11-1503(3).
709 (ii) Each district or charter school shall use the models, where appropriate, in
710 developing its conduct and discipline policies under this chapter.
711 (d) The policies shall emphasize that certain behavior, most particularly behavior
712 which disrupts, is unacceptable and may result in disciplinary action.
713 (3) The local superintendent and designated employees of the district or charter school
714 shall enforce the policies so that students demonstrating unacceptable behavior and their
715 parents or guardians understand that such behavior will not be tolerated and will be dealt with
716 in accordance with the district's conduct and discipline policies.
717 Section 12. Section 53A-11-908 is amended to read:
718 53A-11-908. Extracurricular activities -- Prohibited conduct -- Reporting of
719 violations -- Limitation of liability.
720 (1) The Legislature recognizes that:
721 (a) participation in student government and extracurricular activities may confer
722 important educational and lifetime benefits upon students, and encourages school districts and
723 charter schools to provide a variety of opportunities for all students to participate in such
724 activities in meaningful ways;
725 (b) there is no constitutional right to participate in these types of activities, and does
726 not through this section or any other provision of law create such a right;
727 (c) students who participate in student government and extracurricular activities,
728 particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
729 those activities, become role models for others in the school and community;
730 (d) these individuals often play major roles in establishing standards of acceptable
731 behavior in the school and community, and establishing and maintaining the reputation of the
732 school and the level of community confidence and support afforded the school; and
733 (e) it is of the utmost importance that those involved in student government, whether as
734 officers or advisors, and those involved in competitive athletics and related activities, whether
735 students or staff, comply with all applicable laws and rules of behavior and conduct themselves
736 at all times in a manner befitting their positions and responsibilities.
737 (2) (a) The State Board of Education may, and local boards of education and governing
738 boards of charter schools shall, adopt rules implementing this section that apply to both
739 students and staff.
740 (b) [
741 the following types of conduct in accordance with Section 53A-11-911, while in the classroom,
742 on school property, during school sponsored activities, or regardless of the location or
743 circumstance, affecting a person or property described in Subsections 53A-11-902(5)(a)
744 through (d):
745 (i) use of foul, abusive, or profane language while engaged in school related activities;
746 (ii) illicit use, possession, or distribution of controlled substances or drug
747 paraphernalia, and the use, possession, or distribution of an electronic cigarette as defined in
748 Section 76-10-101, tobacco, or alcoholic beverages contrary to law; and
749 (iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
750 behavior involving physical violence, restraint, improper touching, or inappropriate exposure
751 of body parts not normally exposed in public settings, forced ingestion of any substance, or any
752 act which would constitute a crime against a person or public order under Utah law.
753 (3) (a) School employees who reasonably believe that a violation of this section may
754 have occurred shall immediately report that belief to the school principal, district
755 superintendent, or chief administrative officer of a charter school.
756 (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
757 alleged incident, and actions taken in response, to the district superintendent or the
758 superintendent's designee within 10 working days after receipt of the report.
759 (c) Failure of a person holding a professional certificate to report as required under this
760 Subsection (3) constitutes an unprofessional practice.
761 (4) Limitations of liability set forth under Section 53A-11-1004 apply to this section.
762 Section 13. Section 53A-11-910 is amended to read:
763 53A-11-910. Disruptive student behavior.
764 (1) As used in this section:
765 (a) "Disruptive student behavior" includes:
766 (i) the grounds for suspension or expulsion described in Section 53A-11-904; and
767 (ii) the conduct described in Subsection 53A-11-908(2)(b).
768 (b) "Parent" includes:
769 (i) a custodial parent of a school-age minor;
770 (ii) a legally appointed guardian of a school-age minor; or
771 (iii) any other person purporting to exercise any authority over the minor which could
772 be exercised by a person described in Subsection (1)(b)(i) or (ii).
773 (c) "Qualifying minor" means a school-age minor who:
774 (i) is at least nine years old; or
775 (ii) turns nine years old at any time during the school year.
776 (d) "School year" means the period of time designated by a local school board or local
777 charter board as the school year for the school where the school-age minor is enrolled.
778 (2) A local school board, school district, governing board of a charter school, or charter
779 school may impose administrative penalties in accordance with Section 53A-11-911 on a
780 school-age minor who violates this part.
781 [
782 [
783
784 [
785
786 [
787
788 [
789
790 [
791
792 [
793 (i) authorize a school administrator or a designee of a school administrator to issue
794 notices of disruptive student behavior to qualifying minors; and
795 (ii) establish a procedure for a qualifying minor, or a qualifying minor's parent, to
796 contest a notice of disruptive student behavior.
797 (b) A school representative shall provide to a parent of a school-age minor, a list of
798 resources available to assist the parent in resolving the school-age minor's disruptive student
799 behavior problem.
800 (c) A local school board or governing board of a charter school shall establish
801 procedures for a school counselor or other designated school representative to work with a
802 qualifying minor who engages in disruptive student behavior in order to attempt to resolve the
803 minor's disruptive student behavior problems [
804
805 [
806 (a) shall be issued to a qualifying minor who:
807 (i) engages in disruptive student behavior, that does not result in suspension or
808 expulsion, three times during the school year; or
809 (ii) engages in disruptive student behavior, that results in suspension or expulsion, once
810 during the school year;
811 (b) shall require that the qualifying minor and a parent of the qualifying minor:
812 (i) meet with school authorities to discuss the qualifying minor's disruptive student
813 behavior; and
814 (ii) cooperate with the local school board or governing board of a charter school in
815 correcting the school-age minor's disruptive student behavior; and
816 [
817 [
818
819
820 [
821
822
823 [
824 minor.
825 [
826 (a) may only be issued to a qualifying minor who:
827 (i) engages in disruptive student behavior, that does not result in suspension or
828 expulsion, at least six times during the school year;
829 (ii) (A) engages in disruptive student behavior, that does not result in suspension or
830 expulsion, at least three times during the school year; and
831 (B) engages in disruptive student behavior, that results in suspension or expulsion, at
832 least once during the school year; or
833 (iii) engages in disruptive student behavior, that results in suspension or expulsion, at
834 least twice during the school year; and
835 (b) may only be issued by a school administrator, a designee of a school administrator,
836 or a truancy specialist, who is authorized by a local school board or governing board of a local
837 charter school to issue a habitual disruptive student behavior [
838 [
839 [
840 court [
841 (b) Within five days after the day on which a habitual disruptive student behavior
842 [
843 documentation, to a parent of the qualifying minor who receives the [
844 efforts made by a school counselor or representative under Subsection [
845 [
846
847
848
849 [
850 [
851
852 Section 14. Section 53A-11-911 is enacted to read:
853 53A-11-911. Ĥ→ [
854 (1) As used in this section:
855 (a) "Class A misdemeanor person offense" means a class A misdemeanor described in
856 Title 76, Chapter 5, Offenses Against the Person, or Title 76, Chapter 5b, Sexual Exploitation
857 Act.
858 (b) "Mobile crisis outreach team" means the same as that term is defined in Section
859 78A-6-105.
860 (c) "Nonperson class A misdemeanor" means a class A misdemeanor that is not a class
861 A misdemeanor person offense.
862 (d) "Restorative justice program" means a school-based program that is designed to
863 enhance school safety, reduce school suspensions, and limit referrals to court, and is designed
864 to help minors take responsibility for and repair the harm of behavior that occurs in school.
865 (2) This section applies to a minor enrolled in school who is alleged to have committed
866 an offense:
867 (a) on school Ĥ→ [
868 (b) that is truancy.
869 (3) If the alleged offense is a class C misdemeanor, an infraction, a status offense on
870 school Ĥ→ [
870a or court but may
871 be referred to alternative school-related interventions, including:
872 (a) a mobile crisis outreach team, as defined in Section 78A-6-105;
873 (b) a receiving center operated by the Division of Juvenile Justice Services in
874 accordance with Section 62A-7-104; and
875 (c) a youth court or comparable restorative justice program.
876 Ĥ→ [
877 class B misdemeanor or a nonperson class A misdemeanor, the following procedure may apply:
878 (a) the school administrator or the school administrator's designee shall refer the minor
879 to a youth court in accordance with Section 78A-6-1203 or a comparable restorative justice
880 program within the school setting;
881 (b) if a minor under Subsection (3)(a) elects not to participate in the program or fails to
882 comply with the program or the agreement reached through youth court or a comparable
883 restorative justice program, the minor shall then be referred to a multi-disciplinary team
884 established by the school board, local charter board, or school in accordance with Section
885 53A-3-402;
886 (c) the multi-disciplinary team shall review each case referral and establish a plan to
887 reduce the likelihood of a referral to juvenile court; and
888 (d) the minor may only be referred to law enforcement, the court, or a prosecutor in
889 accordance with Section 78A-6-602 if the minor does not comply with the plan established by
890 the multi-disciplinary team.
891 (5) (a) The procedure under Subsection (4) does not apply if the offense alleged under
892 Subsection (2) is a class B misdemeanor or a class A misdemeanor and the offense is an
893 offense:☆
894 (i) against a person committed as part of gang activity; or
895 (ii) where a dangerous weapon, as defined in Subsection 76-1-601(5), is used in the
896 commission of the offense.
897 (b) In a case under this Subsection (5), or in the case of any class A misdemeanor
898 person offense or felony alleged under Subsection (2), the procedure under Subsection (4) may
899 be followed, or the offense may be referred directly to law enforcement, juvenile court, or a
900 prosecutor.
900a (4) If the alleged offense is a class B misdemeanor or a nonperson class A misdemeanor,
900b the minor may be referred directly to the juvenile court by the school administrator or the
900c school administrator's designee, or the minor may be referred to the alternative interventions
900d in Subsection (3). ←Ĥ
901 Section 15. Section 53A-11-1302 is amended to read:
902 53A-11-1302. Reporting of prohibited acts affecting a school -- Confidentiality.
903 (1) A person who has reasonable cause to believe that an individual has committed a
904 prohibited act shall, in accordance with Section 53A-11-911, immediately notify:
905 [
906 [
907 [
908 [
909 [
910 (2) If notice is given to a school official, the official may authorize an investigation
911 into allegations involving school property, students, or school district employees.
912 (3) [
913 prohibited act reported as occurring on school grounds or in connection with school-sponsored
914 activities to an appropriate law enforcement agency[
915
916 Section 53A-11-911.
917 (4) The identity of persons making reports pursuant to this section shall be kept
918 confidential.
919 Section 16. Section 53A-11-1604 is amended to read:
920 53A-11-1604. Contracts between an LEA and law enforcement for school
921 resource officer services -- Requirements.
922 (1) An LEA may contract with a law enforcement agency or an individual to provide
923 school resource officer services at the LEA if the LEA's governing authority reviews and
924 approves the contract.
925 (2) If an LEA contracts with a law enforcement agency or an individual to provide
926 SRO services at the LEA, the LEA's governing authority shall require in the contract:
927 (a) an acknowledgment by the law enforcement agency or the individual that an SRO
928 hired under the contract shall:
929 (i) provide for and maintain a safe, healthy, and productive learning environment in a
930 school;
931 (ii) act as a positive role model to students;
932 (iii) work to create a cooperative, proactive, and problem-solving partnership between
933 law enforcement and the LEA;
934 (iv) emphasize the use of restorative approaches to address negative behavior; and
935 (v) at the request of the LEA, teach a vocational law enforcement class;
936 (b) a description of the shared understanding of the LEA and the law enforcement
937 agency or individual regarding the roles and responsibilities of law enforcement and the LEA
938 to:
939 (i) maintain safe schools;
940 (ii) improve school climate; and
941 (iii) support educational opportunities for students;
942 (c) a designation of student offenses that the SRO shall confer with the LEA to resolve,
943 including an offense that:
944 (i) is a minor violation of the law; and
945 (ii) would not violate the law if the offense was committed by an adult;
946 (d) a designation of student offenses that are administrative issues that an SRO shall
947 refer to a school administrator for resolution in accordance with Section 53A-11-911;
948 (e) a detailed description of the rights of a student under state and federal law with
949 regard to:
950 (i) searches;
951 (ii) questioning; and
952 (iii) information privacy;
953 (f) a detailed description of:
954 (i) job duties;
955 (ii) training requirements; and
956 (iii) other expectations of the SRO and school administration in relation to law
957 enforcement at the LEA;
958 (g) that an SRO who is hired under the contract and the principal at the school where
959 an SRO will be working, or the principal's designee, will jointly complete the SRO training
960 described in Section 53A-11-1603; and
961 (h) if the contract is between an LEA and a law enforcement agency, that:
962 (i) both parties agree to jointly discuss SRO applicants; and
963 (ii) the law enforcement agency will accept feedback from an LEA about an SRO's
964 performance.
965 Section 17. Section 58-37-8 is amended to read:
966 58-37-8. Prohibited acts -- Penalties.
967 (1) Prohibited acts A -- Penalties and reporting:
968 (a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
969 intentionally:
970 (i) produce, manufacture, or dispense, or to possess with intent to produce,
971 manufacture, or dispense, a controlled or counterfeit substance;
972 (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
973 arrange to distribute a controlled or counterfeit substance;
974 (iii) possess a controlled or counterfeit substance with intent to distribute; or
975 (iv) engage in a continuing criminal enterprise where:
976 (A) the person participates, directs, or engages in conduct that results in any violation
977 of any provision of Title 58, Chapters 37, Utah Controlled Substances Act, 37a, Utah Drug
978 Paraphernalia Act, 37b, Imitation Controlled Substances Act, 37c, Utah Controlled Substance
979 Precursor Act, or 37d, Clandestine Drug Lab Act, that is a felony; and
980 (B) the violation is a part of a continuing series of two or more violations of Title 58,
981 Chapters 37, Utah Controlled Substances Act, 37a, Utah Drug Paraphernalia Act, 37b,
982 Imitation Controlled Substances Act, 37c, Utah Controlled Substance Precursor Act, or 37d,
983 Clandestine Drug Lab Act, on separate occasions that are undertaken in concert with five or
984 more persons with respect to whom the person occupies a position of organizer, supervisor, or
985 any other position of management.
986 (b) Any person convicted of violating Subsection (1)(a) with respect to:
987 (i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
988 substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
989 degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
990 subsequent conviction is guilty of a first degree felony;
991 (ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
992 marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree felony, and
993 upon a second or subsequent conviction is guilty of a second degree felony; or
994 (iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
995 class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
996 felony.
997 (c) Any person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii)
998 may be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier
999 of fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on [
1000 the person or in [
1001 furtherance of the offense, the court shall additionally sentence the person convicted for a term
1002 of one year to run consecutively and not concurrently; and the court may additionally sentence
1003 the person convicted for an indeterminate term not to exceed five years to run consecutively
1004 and not concurrently.
1005 (d) Any person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
1006 felony punishable by imprisonment for an indeterminate term of not less than seven years and
1007 which may be for life. Imposition or execution of the sentence may not be suspended, and the
1008 person is not eligible for probation.
1009 (e) The Administrative Office of the Courts shall report to the Division of
1010 Occupational and Professional Licensing the name, case number, date of conviction, and if
1011 known, the date of birth of each person convicted of violating Subsection (2)(a).
1012 (2) Prohibited acts B -- Penalties and reporting:
1013 (a) It is unlawful:
1014 (i) for any person knowingly and intentionally to possess or use a controlled substance
1015 analog or a controlled substance, unless it was obtained under a valid prescription or order,
1016 directly from a practitioner while acting in the course of the person's professional practice, or as
1017 otherwise authorized by this chapter;
1018 (ii) for any owner, tenant, licensee, or person in control of any building, room,
1019 tenement, vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to
1020 be occupied by persons unlawfully possessing, using, or distributing controlled substances in
1021 any of those locations; or
1022 (iii) for any person knowingly and intentionally to possess an altered or forged
1023 prescription or written order for a controlled substance.
1024 (b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
1025 (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
1026 or
1027 (ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
1028 of a class A misdemeanor on a first or second conviction, and on a third or subsequent
1029 conviction is guilty of a third degree felony.
1030 (c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
1031 conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
1032 penalty than provided in this Subsection (2).
1033 (d) Any person who violates Subsection (2)(a)(i) with respect to all other controlled
1034 substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
1035 58-37-4.2, or marijuana, is guilty of a class B misdemeanor. Upon a third conviction the
1036 person is guilty of a class A misdemeanor, and upon a fourth or subsequent conviction the
1037 person is guilty of a third degree felony.
1038 (e) Any person convicted of violating Subsection (2)(a)(i) while inside the exterior
1039 boundaries of property occupied by any correctional facility as defined in Section 64-13-1 or
1040 any public jail or other place of confinement shall be sentenced to a penalty one degree greater
1041 than provided in Subsection (2)(b), and if the conviction is with respect to controlled
1042 substances as listed in:
1043 (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
1044 indeterminate term as provided by law, and:
1045 (A) the court shall additionally sentence the person convicted to a term of one year to
1046 run consecutively and not concurrently; and
1047 (B) the court may additionally sentence the person convicted for an indeterminate term
1048 not to exceed five years to run consecutively and not concurrently; and
1049 (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
1050 indeterminate term as provided by law, and the court shall additionally sentence the person
1051 convicted to a term of six months to run consecutively and not concurrently.
1052 (f) Any person convicted of violating Subsection (2)(a)(ii) or(iii) is:
1053 (i) on a first conviction, guilty of a class B misdemeanor;
1054 (ii) on a second conviction, guilty of a class A misdemeanor; and
1055 (iii) on a third or subsequent conviction, guilty of a third degree felony.
1056 (g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
1057 amounting to a violation of Section 76-5-207:
1058 (i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person's
1059 body any measurable amount of a controlled substance; and
1060 (ii) operates a motor vehicle as defined in Section 76-5-207 in a negligent manner,
1061 causing serious bodily injury as defined in Section 76-1-601 or the death of another.
1062 (h) A person who violates Subsection (2)(g) by having in the person's body:
1063 (i) a controlled substance classified under Schedule I, other than those described in
1064 Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
1065 degree felony;
1066 (ii) marijuana, tetrahydrocannabinols, or equivalents described in Subsection
1067 58-37-4(2)(a)(iii)(S) or (AA), or a substance listed in Section 58-37-4.2 is guilty of a third
1068 degree felony; or
1069 (iii) any controlled substance classified under Schedules III, IV, or V is guilty of a class
1070 A misdemeanor.
1071 (i) A person is guilty of a separate offense for each victim suffering serious bodily
1072 injury or death as a result of the person's negligent driving in violation of Subsection
1073 [
1074 (j) The Administrative Office of the Courts shall report to the Division of Occupational
1075 and Professional Licensing the name, case number, date of conviction, and if known, the date
1076 of birth of each person convicted of violating Subsection (2)(a).
1077 (3) Prohibited acts C -- Penalties:
1078 (a) It is unlawful for any person knowingly and intentionally:
1079 (i) to use in the course of the manufacture or distribution of a controlled substance a
1080 license number which is fictitious, revoked, suspended, or issued to another person or, for the
1081 purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
1082 manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
1083 person;
1084 (ii) to acquire or obtain possession of, to procure or attempt to procure the
1085 administration of, to obtain a prescription for, to prescribe or dispense to any person known to
1086 be attempting to acquire or obtain possession of, or to procure the administration of any
1087 controlled substance by misrepresentation or failure by the person to disclose receiving any
1088 controlled substance from another source, fraud, forgery, deception, subterfuge, alteration of a
1089 prescription or written order for a controlled substance, or the use of a false name or address;
1090 (iii) to make any false or forged prescription or written order for a controlled substance,
1091 or to utter the same, or to alter any prescription or written order issued or written under the
1092 terms of this chapter; or
1093 (iv) to make, distribute, or possess any punch, die, plate, stone, or other thing designed
1094 to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
1095 device of another or any likeness of any of the foregoing upon any drug or container or labeling
1096 so as to render any drug a counterfeit controlled substance.
1097 (b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
1098 misdemeanor.
1099 (ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
1100 degree felony.
1101 (c) A violation of Subsection (3)(a)(iv) is a third degree felony.
1102 (4) Prohibited acts D -- Penalties:
1103 (a) Notwithstanding other provisions of this section, a person not authorized under this
1104 chapter who commits any act that is unlawful under Subsection (1)(a), Section 58-37a-5, or
1105 Section 58-37b-4 is upon conviction subject to the penalties and classifications under this
1106 Subsection (4) if the trier of fact finds the act is committed:
1107 (i) in a public or private elementary or secondary school or on the grounds of any of
1108 those schools during the hours of 6 a.m. through 10 p.m.;
1109 (ii) in a public or private vocational school or postsecondary institution or on the
1110 grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
1111 (iii) in or on the grounds of a preschool or child-care facility during the preschool's or
1112 facility's hours of operation;
1113 (iv) in a public park, amusement park, arcade, or recreation center when the public or
1114 amusement park, arcade, or recreation center is open to the public;
1115 (v) in or on the grounds of a house of worship as defined in Section 76-10-501;
1116 (vi) in or on the grounds of a library when the library is open to the public;
1117 (vii) within any area that is within 100 feet of any structure, facility, or grounds
1118 included in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
1119 (viii) in the presence of a person younger than 18 years of age, regardless of where the
1120 act occurs; or
1121 (ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
1122 distribution of a substance in violation of this section to an inmate or on the grounds of any
1123 correctional facility as defined in Section 76-8-311.3.
1124 (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
1125 and shall be imprisoned for a term of not less than five years if the penalty that would
1126 otherwise have been established but for this Subsection (4) would have been a first degree
1127 felony.
1128 (ii) Imposition or execution of the sentence may not be suspended, and the person is
1129 not eligible for probation.
1130 (c) If the classification that would otherwise have been established would have been
1131 less than a first degree felony but for this Subsection (4), a person convicted under this
1132 Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
1133 offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
1134 (d) (i) If the violation is of Subsection (4)(a)(ix):
1135 (A) the person may be sentenced to imprisonment for an indeterminate term as
1136 provided by law, and the court shall additionally sentence the person convicted for a term of
1137 one year to run consecutively and not concurrently; and
1138 (B) the court may additionally sentence the person convicted for an indeterminate term
1139 not to exceed five years to run consecutively and not concurrently; and
1140 (ii) the penalties under this Subsection (4)(d) apply also to any person who, acting with
1141 the mental state required for the commission of an offense, directly or indirectly solicits,
1142 requests, commands, coerces, encourages, or intentionally aids another person to commit a
1143 violation of Subsection (4)(a)(ix).
1144 (e) It is not a defense to a prosecution under this Subsection (4) that the actor
1145 mistakenly believed the individual to be 18 years of age or older at the time of the offense or
1146 was unaware of the individual's true age; nor that the actor mistakenly believed that the
1147 location where the act occurred was not as described in Subsection (4)(a) or was unaware that
1148 the location where the act occurred was as described in Subsection (4)(a).
1149 (5) Any violation of this chapter for which no penalty is specified is a class B
1150 misdemeanor.
1151 (6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
1152 guilty or no contest to a violation or attempted violation of this section or a plea which is held
1153 in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
1154 even if the charge has been subsequently reduced or dismissed in accordance with the plea in
1155 abeyance agreement.
1156 (b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
1157 conviction that is:
1158 (i) from a separate criminal episode than the current charge; and
1159 (ii) from a conviction that is separate from any other conviction used to enhance the
1160 current charge.
1161 (7) A person may be charged and sentenced for a violation of this section,
1162 notwithstanding a charge and sentence for a violation of any other section of this chapter.
1163 (8) (a) Any penalty imposed for violation of this section is in addition to, and not in
1164 lieu of, any civil or administrative penalty or sanction authorized by law.
1165 (b) Where violation of this chapter violates a federal law or the law of another state,
1166 conviction or acquittal under federal law or the law of another state for the same act is a bar to
1167 prosecution in this state.
1168 (9) In any prosecution for a violation of this chapter, evidence or proof that shows a
1169 person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
1170 substance or substances, is prima facie evidence that the person or persons did so with
1171 knowledge of the character of the substance or substances.
1172 (10) This section does not prohibit a veterinarian, in good faith and in the course of the
1173 veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
1174 administering controlled substances or from causing the substances to be administered by an
1175 assistant or orderly under the veterinarian's direction and supervision.
1176 (11) Civil or criminal liability may not be imposed under this section on:
1177 (a) any person registered under this chapter who manufactures, distributes, or possesses
1178 an imitation controlled substance for use as a placebo or investigational new drug by a
1179 registered practitioner in the ordinary course of professional practice or research; or
1180 (b) any law enforcement officer acting in the course and legitimate scope of the
1181 officer's employment.
1182 (12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
1183 as defined in Subsection 58-37-2(1)(v), who uses, possesses, or transports peyote for bona fide
1184 traditional ceremonial purposes in connection with the practice of a traditional Indian religion
1185 as defined in Subsection 58-37-2(1)(w).
1186 (b) In a prosecution alleging violation of this section regarding peyote as defined in
1187 Subsection 58-37-4(2)(a)(iii)(V), it is an affirmative defense that the peyote was used,
1188 possessed, or transported by an Indian for bona fide traditional ceremonial purposes in
1189 connection with the practice of a traditional Indian religion.
1190 (c) (i) The defendant shall provide written notice of intent to claim an affirmative
1191 defense under this Subsection (12) as soon as practicable, but not later than 10 days [
1192 before trial.
1193 (ii) The notice shall include the specific claims of the affirmative defense.
1194 (iii) The court may waive the notice requirement in the interest of justice for good
1195 cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
1196 (d) The defendant shall establish the affirmative defense under this Subsection (12) by
1197 a preponderance of the evidence. If the defense is established, it is a complete defense to the
1198 charges.
1199 (13) (a) It is an affirmative defense that the person produced, possessed, or
1200 administered a controlled substance listed in Section 58-37-4.2 if the person:
1201 (i) was engaged in medical research; and
1202 (ii) was a holder of a valid license to possess controlled substances under Section
1203 58-37-6.
1204 (b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
1205 a controlled substance listed in Section 58-37-4.2.
1206 (14) It is an affirmative defense that the person possessed, in the person's body, a
1207 controlled substance listed in Section 58-37-4.2 if:
1208 (a) the person was the subject of medical research conducted by a holder of a valid
1209 license to possess controlled substances under Section 58-37-6; and
1210 (b) the substance was administered to the person by the medical researcher.
1211 (15) The application of any increase in penalty under this section to a violation of
1212 Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
1213 Subsection (15) takes precedence over any conflicting provision of this section.
1214 (16) (a) It is an affirmative defense to an allegation of the commission of an offense
1215 listed in Subsection (16)(b) that the person:
1216 (i) reasonably believes that the person or another person is experiencing an overdose
1217 event due to the ingestion, injection, inhalation, or other introduction into the human body of a
1218 controlled substance or other substance;
1219 (ii) reports in good faith the overdose event to a medical provider, an emergency
1220 medical service provider as defined in Section 26-8a-102, a law enforcement officer, a 911
1221 emergency call system, or an emergency dispatch system, or the person is the subject of a
1222 report made under this Subsection (16);
1223 (iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
1224 actual location of the overdose event that facilitates responding to the person experiencing the
1225 overdose event;
1226 (iv) remains at the location of the person experiencing the overdose event until a
1227 responding law enforcement officer or emergency medical service provider arrives, or remains
1228 at the medical care facility where the person experiencing an overdose event is located until a
1229 responding law enforcement officer arrives;
1230 (v) cooperates with the responding medical provider, emergency medical service
1231 provider, and law enforcement officer, including providing information regarding the person
1232 experiencing the overdose event and any substances the person may have injected, inhaled, or
1233 otherwise introduced into the person's body; and
1234 (vi) is alleged to have committed the offense in the same course of events from which
1235 the reported overdose arose.
1236 (b) The offenses referred to in Subsection (16)(a) are:
1237 (i) the possession or use of less than 16 ounces of marijuana;
1238 (ii) the possession or use of a scheduled or listed controlled substance other than
1239 marijuana; and
1240 (iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
1241 Imitation Controlled Substances Act.
1242 (c) As used in this Subsection (16) and in Section 76-3-203.11, "good faith" does not
1243 include seeking medical assistance under this section during the course of a law enforcement
1244 agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
1245 (17) If any provision of this chapter, or the application of any provision to any person
1246 or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
1247 invalid provision or application.
1248 (18) A legislative body of a political subdivision may not enact an ordinance that is
1249 less restrictive than any provision of this chapter.
1250 (19) [
1251 this section [
1252 [
1253 [
1254 the screening indicates an assessment to be appropriate; and
1255 [
1256 41-6a-501 or substance [
1257 [
1258
1259
1260 [
1261 [
1262
1263 [
1264
1265 Section 18. Section 58-37a-7 is amended to read:
1266 58-37a-7. Sentencing requirements for minors.
1267 [
1268 chapter [
1269 minor to complete:
1270 [
1271 [
1272 the screening indicates an assessment to be appropriate; and
1273 [
1274 41-6a-501 or substance [
1275 [
1276
1277
1278 [
1279 [
1280
1281 [
1282
1283 Section 19. Section 58-37b-9 is amended to read:
1284 58-37b-9. Sentencing requirements for minors.
1285 [
1286 chapter [
1287 minor to complete:
1288 [
1289 [
1290 the screening indicates an assessment to be appropriate; and
1291 [
1292 41-6a-501 or substance [
1293 [
1294
1295 [
1296 [
1297
1298 [
1299
1300 Section 20. Section 62A-4a-105 is amended to read:
1301 62A-4a-105. Division responsibilities.
1302 (1) The division shall:
1303 (a) administer services to minors and families, including:
1304 (i) child welfare services;
1305 (ii) domestic violence services; and
1306 (iii) all other responsibilities that the Legislature or the executive director may assign
1307 to the division;
1308 (b) provide the following services:
1309 (i) financial and other assistance to an individual adopting a child with special needs
1310 under Part 9, Adoption Assistance, not to exceed the amount the division would provide for the
1311 child as a legal ward of the state;
1312 (ii) non-custodial and in-home services, including:
1313 (A) services designed to prevent family break-up; and
1314 (B) family preservation services;
1315 (iii) reunification services to families whose children are in substitute care in
1316 accordance with the requirements of this chapter and Title 78A, Chapter 6, Juvenile Court Act;
1317 (iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
1318 or neglect of a child in that family;
1319 (v) shelter care in accordance with the requirements of this chapter and Title 78A,
1320 Chapter 6, Juvenile Court Act;
1321 (vi) domestic violence services, in accordance with the requirements of federal law;
1322 (vii) protective services to victims of domestic violence, as defined in Section 77-36-1,
1323 and their children, in accordance with the provisions of this chapter and Title 78A, Chapter 6,
1324 Part 3, Abuse, Neglect, and Dependency Proceedings;
1325 (viii) substitute care for dependent, abused, neglected, and delinquent children;
1326 [
1327
1328 [
1329 smuggling as described in Sections 76-5-308 through 76-5-310 or who have engaged in
1330 prostitution or sexual solicitation as defined in Section 76-10-1302; and
1331 [
1332 services offered by the division in accordance with this chapter;
1333 (c) establish standards for all:
1334 (i) contract providers of out-of-home care for minors and families;
1335 (ii) facilities that provide substitute care for dependent, abused, neglected, and
1336 delinquent children placed in the custody of the division; and
1337 (iii) direct or contract providers of domestic violence services described in Subsection
1338 (1)(b)(vi);
1339 (d) have authority to:
1340 (i) contract with a private, nonprofit organization to recruit and train foster care
1341 families and child welfare volunteers in accordance with Section 62A-4a-107.5; and
1342 (ii) approve facilities that meet the standards established under Subsection (1)(c) to
1343 provide substitute care for dependent, abused, neglected, and delinquent children placed in the
1344 custody of the division;
1345 (e) cooperate with the federal government in the administration of child welfare and
1346 domestic violence programs and other human service activities assigned by the department;
1347 (f) in accordance with Subsection (2)(a), promote and enforce state and federal laws
1348 enacted for the protection of abused, neglected, dependent, delinquent, ungovernable, and
1349 runaway children, and status offenders, in accordance with the requirements of this chapter,
1350 unless administration is expressly vested in another division or department of the state;
1351 (g) cooperate with the Workforce Development Division in the Department of
1352 Workforce Services in meeting the social and economic needs of an individual who is eligible
1353 for public assistance;
1354 (h) compile relevant information, statistics, and reports on child and family service
1355 matters in the state;
1356 (i) prepare and submit to the department, the governor, and the Legislature reports of
1357 the operation and administration of the division in accordance with the requirements of
1358 Sections 62A-4a-117 and 62A-4a-118;
1359 (j) provide social studies and reports for the juvenile court in accordance with Section
1360 78A-6-605;
1361 (k) within appropriations from the Legislature, provide or contract for a variety of
1362 domestic violence services and treatment methods;
1363 (l) ensure regular, periodic publication, including electronic publication, regarding the
1364 number of children in the custody of the division who:
1365 (i) have a permanency goal of adoption; or
1366 (ii) have a final plan of termination of parental rights, pursuant to Section 78A-6-314,
1367 and promote adoption of those children;
1368 (m) subject to Subsection (2)(b), refer an individual receiving services from the
1369 division to the local substance abuse authority or other private or public resource for a
1370 court-ordered drug screening test; and
1371 (n) perform other duties and functions required by law.
1372 (2) (a) In carrying out the requirements of Subsection (1)(f), the division shall:
1373 (i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and
1374 with all public and private licensed child welfare agencies and institutions, to develop and
1375 administer a broad range of services and support;
1376 (ii) take the initiative in all matters involving the protection of abused or neglected
1377 children, if adequate provisions have not been made or are not likely to be made; and
1378 (iii) make expenditures necessary for the care and protection of the children described
1379 in this Subsection (2)(a), within the division's budget.
1380 (b) When an individual is referred to a local substance abuse authority or other private
1381 or public resource for court-ordered drug screening under Subsection (1)(n), the court shall
1382 order the individual to pay all costs of the tests unless:
1383 (i) the cost of the drug screening is specifically funded or provided for by other federal
1384 or state programs;
1385 (ii) the individual is a participant in a drug court; or
1386 (iii) the court finds that the individual is impecunious.
1387 (3) Except to the extent provided by rule, the division is not responsible for
1388 investigating domestic violence in the presence of a child, as described in Section 76-5-109.1.
1389 (4) The division may not require a parent who has a child in the custody of the division
1390 to pay for some or all of the cost of any drug testing the parent is required to undergo.
1391 Section 21. Section 62A-4a-201 is amended to read:
1392 62A-4a-201. Rights of parents -- Children's rights -- Interest and responsibility of
1393 state.
1394 (1) (a) Under both the United States Constitution and the constitution of this state, a
1395 parent possesses a fundamental liberty interest in the care, custody, and management of the
1396 parent's children. A fundamentally fair process must be provided to parents if the state moves
1397 to challenge or interfere with parental rights. A governmental entity must support any actions
1398 or allegations made in opposition to the rights and desires of a parent regarding the parent's
1399 children by sufficient evidence to satisfy a parent's constitutional entitlement to heightened
1400 protection against government interference with the parent's fundamental rights and liberty
1401 interests and, concomitantly, the right of the child to be reared by the child's natural parent.
1402 (b) The fundamental liberty interest of a parent concerning the care, custody, and
1403 management of the parent's children is recognized, protected, and does not cease to exist
1404 simply because a parent may fail to be a model parent or because the parent's child is placed in
1405 the temporary custody of the state. At all times, a parent retains a vital interest in preventing
1406 the irretrievable destruction of family life. Prior to an adjudication of unfitness, government
1407 action in relation to parents and their children may not exceed the least restrictive means or
1408 alternatives available to accomplish a compelling state interest. Until the state proves parental
1409 unfitness, and the child suffers, or is substantially likely to suffer, serious detriment as a result,
1410 the child and the child's parents share a vital interest in preventing erroneous termination of
1411 their natural relationship and the state cannot presume that a child and the child's parents are
1412 adversaries.
1413 (c) It is in the best interest and welfare of a child to be raised under the care and
1414 supervision of the child's natural parents. A child's need for a normal family life in a
1415 permanent home, and for positive, nurturing family relationships is usually best met by the
1416 child's natural parents. Additionally, the integrity of the family unit and the right of parents to
1417 conceive and raise their children are constitutionally protected. The right of a fit, competent
1418 parent to raise the parent's child without undue government interference is a fundamental
1419 liberty interest that has long been protected by the laws and Constitution and is a fundamental
1420 public policy of this state.
1421 (d) The state recognizes that:
1422 (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
1423 train, educate, provide and care for, and reasonably discipline the parent's children; and
1424 (ii) the state's role is secondary and supportive to the primary role of a parent.
1425 (e) It is the public policy of this state that parents retain the fundamental right and duty
1426 to exercise primary control over the care, supervision, upbringing, and education of their
1427 children.
1428 (f) Subsections (2) through (7) shall be interpreted and applied consistent with this
1429 Subsection (1).
1430 (2) It is also the public policy of this state that children have the right to protection
1431 from abuse and neglect, and that the state retains a compelling interest in investigating,
1432 prosecuting, and punishing abuse and neglect, as defined in this chapter, and in Title 78A,
1433 Chapter 6, Juvenile Court Act [
1434 in and responsibility to protect children whose parents abuse them or do not adequately provide
1435 for their welfare. There may be circumstances where a parent's conduct or condition is a
1436 substantial departure from the norm and the parent is unable or unwilling to render safe and
1437 proper parental care and protection. Under those circumstances, the state may take action for
1438 the welfare and protection of the parent's children.
1439 (3) When the division intervenes on behalf of an abused, neglected, or dependent child,
1440 it shall take into account the child's need for protection from immediate harm and the extent to
1441 which the child's extended family may provide needed protection. Throughout its involvement,
1442 the division shall utilize the least intrusive and least restrictive means available to protect a
1443 child, in an effort to ensure that children are brought up in stable, permanent families, rather
1444 than in temporary foster placements under the supervision of the state.
1445 (4) When circumstances within the family pose a threat to the child's immediate safety
1446 or welfare, the division may seek custody of the child for a planned, temporary period and
1447 place the child in a safe environment, subject to the requirements of this section and in
1448 accordance with the requirements of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
1449 Dependency Proceedings, and:
1450 (a) when safe and appropriate, return the child to the child's parent; or
1451 (b) as a last resort, pursue another permanency plan.
1452 (5) In determining and making "reasonable efforts" with regard to a child, pursuant to
1453 the provisions of Section 62A-4a-203, both the division's and the court's paramount concern
1454 shall be the child's health, safety, and welfare. The desires of a parent for the parent's child,
1455 and the constitutionally protected rights of a parent, as described in this section, shall be given
1456 full and serious consideration by the division and the court.
1457 (6) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
1458 abuse, or severe neglect are established, the state has no duty to make "reasonable efforts" or
1459 to, in any other way, attempt to maintain a child in the child's home, provide reunification
1460 services, or to attempt to rehabilitate the offending parent or parents. This Subsection (6) does
1461 not exempt the division from providing court-ordered services.
1462 (7) (a) In accordance with Subsection (1), the division shall strive to achieve
1463 appropriate permanency for children who are abused, neglected, or dependent. The division
1464 shall provide in-home services, where appropriate and safe, in an effort to help a parent to
1465 correct the behavior that resulted in abuse, neglect, or dependency of the parent's child. The
1466 division may pursue a foster placement only if in-home services fail or are otherwise
1467 insufficient or inappropriate, kinship placement is not safe or appropriate, or in-home services
1468 and kinship placement fail and cannot be corrected. The division shall also seek qualified
1469 extended family support or a kinship placement to maintain a sense of security and stability for
1470 the child.
1471 (b) If the use or continuation of "reasonable efforts," as described in Subsections (5)
1472 and (6), is determined to be inconsistent with the permanency plan for a child, then measures
1473 shall be taken, in a timely manner, to place the child in accordance with the permanency plan,
1474 and to complete whatever steps are necessary to finalize the permanent placement of the child.
1475 (c) Subject to the parental rights recognized and protected under this section, if,
1476 because of a parent's conduct or condition, the parent is determined to be unfit or incompetent
1477 based on the grounds for termination of parental rights described in Title 78A, Chapter 6, Part
1478 5, Termination of Parental Rights Act, the continuing welfare and best interest of the child is of
1479 paramount importance, and shall be protected in determining whether that parent's rights
1480 should be terminated.
1481 (8) The state's right to direct or intervene in the provision of medical or mental health
1482 care for a child is subject to Subsections 78A-6-105[
1483 Section 78A-6-301.5.
1484 Section 22. Section 62A-4a-202 is amended to read:
1485 62A-4a-202. In-home services for the preservation of families.
1486 (1) (a) Within appropriations from the Legislature and money obtained under
1487 Subsection (5), the division shall provide in-home services for the purpose of family
1488 preservation to any family with a child whose health and safety is not immediately endangered,
1489 when:
1490 (i) (A) the child is at risk of being removed from the home; or
1491 (B) the family is in crisis; and
1492 (ii) the division determines that it is reasonable and appropriate.
1493 (b) In determining whether in-home services are reasonable and appropriate, in keeping
1494 with [
1495 be the paramount concern.
1496 (c) The division shall consider whether the services described in Subsection (1)(b):
1497 (i) will be effective within a six-month period; and
1498 (ii) are likely to prevent continued abuse or neglect of the child.
1499 (2) (a) The division shall maintain a statewide inventory of in-home services available
1500 through public and private agencies or individuals for use by caseworkers.
1501 (b) The inventory described in Subsection (2)(a) shall include:
1502 (i) the method of accessing each service;
1503 (ii) eligibility requirements for each service;
1504 (iii) the geographic areas and the number of families that can be served by each
1505 service; and
1506 (iv) information regarding waiting lists for each service.
1507 (3) (a) As part of its in-home services for the preservation of families, the division shall
1508 provide in-home services in varying degrees of intensity and contact that are specific to the
1509 needs of each individual family.
1510 (b) As part of its in-home services, the division shall:
1511 (i) provide customized assistance;
1512 (ii) provide support or interventions that are tailored to the needs of the family;
1513 (iii) discuss the family's needs with the parent;
1514 (iv) discuss an assistance plan for the family with the parent; and
1515 (v) address:
1516 (A) the safety of children;
1517 (B) the needs of the family; and
1518 (C) services necessary to aid in the preservation of the family and a child's ability to
1519 remain in the home.
1520 (c) In-home services shall be, as practicable, provided within the region that the family
1521 resides, using existing division staff.
1522 (4) (a) The division may use specially trained caseworkers, private providers, or other
1523 persons to provide the in-home services described in Subsection (3).
1524 (b) The division shall allow a caseworker to be flexible in responding to the needs of
1525 each individual family, including:
1526 (i) limiting the number of families assigned; and
1527 (ii) being available to respond to assigned families within 24 hours.
1528 (5) To provide, expand, and improve the delivery of in-home services to prevent the
1529 removal of children from their homes and promote the preservation of families, the division
1530 shall make substantial effort to obtain funding, including:
1531 (a) federal grants;
1532 (b) federal waivers; and
1533 (c) private money.
1534 (6) The division shall provide in-home family services pursuant to an order under
1535 Section 78A-6-117.
1536 Section 23. Section 62A-4a-208 is amended to read:
1537 62A-4a-208. Child protection ombudsman -- Responsibility -- Authority.
1538 (1) As used in this section:
1539 (a) "Complainant" means a person who initiates a complaint with the ombudsman.
1540 (b) "Ombudsman" means the child protection ombudsman appointed pursuant to this
1541 section.
1542 (2) (a) There is created within the department the position of child protection
1543 ombudsman. The ombudsman shall be appointed by and serve at the pleasure of the executive
1544 director.
1545 (b) The ombudsman shall be:
1546 (i) an individual of recognized executive and administrative capacity;
1547 (ii) selected solely with regard to qualifications and fitness to discharge the duties of
1548 ombudsman; and
1549 (iii) have experience in child welfare, and in state laws and policies governing abused,
1550 neglected, and dependent children.
1551 (c) The ombudsman shall devote full time to the duties of office.
1552 (3) (a) Except as provided in Subsection (3)(b), the ombudsman shall, upon receipt of a
1553 complaint from any person, investigate whether an act or omission of the division with respect
1554 to a particular child:
1555 (i) is contrary to statute, rule, or policy;
1556 (ii) places a child's health or safety at risk;
1557 (iii) is made without an adequate statement of reason; or
1558 (iv) is based on irrelevant, immaterial, or erroneous grounds.
1559 (b) The ombudsman may decline to investigate any complaint. If the ombudsman
1560 declines to investigate a complaint or continue an investigation, the ombudsman shall notify
1561 the complainant and the division of the decision and of the reasons for that decision.
1562 (c) The ombudsman may conduct an investigation on the ombudsman's own initiative.
1563 (4) The ombudsman shall:
1564 (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1565 make rules that govern the following:
1566 (i) receiving and processing complaints;
1567 (ii) notifying complainants and the division regarding a decision to investigate or to
1568 decline to investigate a complaint;
1569 (iii) prioritizing workload;
1570 (iv) maximum time within which investigations shall be completed;
1571 (v) conducting investigations;
1572 (vi) notifying complainants and the division regarding the results of investigations; and
1573 (vii) making recommendations based on the findings and results of recommendations;
1574 (b) report findings and recommendations in writing to the complainant and the
1575 division, in accordance with the provisions of this section;
1576 (c) within appropriations from the Legislature, employ staff as may be necessary to
1577 carry out the ombudsman's duties under this part;
1578 (d) provide information regarding the role, duties, and functions of the ombudsman to
1579 public agencies, private entities, and individuals;
1580 (e) annually report to the:
1581 (i) Child Welfare Legislative Oversight Panel;
1582 (ii) governor;
1583 (iii) Division of Child and Family Services;
1584 (iv) executive director of the department; and
1585 (v) director of the division; and
1586 (f) as appropriate, make recommendations to the division regarding individual cases,
1587 and the rules, policies, and operations of the division.
1588 (5) (a) Upon rendering a decision to investigate a complaint, the ombudsman shall
1589 notify the complainant and the division of that decision.
1590 (b) The ombudsman may advise a complainant to pursue all administrative remedies or
1591 channels of complaint before pursuing a complaint with the ombudsman. Subsequent to
1592 processing a complaint, the ombudsman may conduct further investigations upon the request of
1593 the complainant or upon the ombudsman's own initiative. Nothing in this subsection precludes
1594 a complainant from making a complaint directly to the ombudsman before pursuing an
1595 administrative remedy.
1596 (c) If the ombudsman finds that an individual's act or omission violates state or federal
1597 criminal law, the ombudsman shall immediately report that finding to the appropriate county or
1598 district attorney or to the attorney general.
1599 (d) The ombudsman shall immediately notify the division if the ombudsman finds that
1600 a child needs protective custody[
1601 (e) The ombudsman shall immediately comply with Part 4, Child Abuse or Neglect
1602 Reporting Requirements.
1603 (6) (a) All records of the ombudsman regarding individual cases shall be classified in
1604 accordance with federal law and the provisions of Title 63G, Chapter 2, Government Records
1605 Access and Management Act. The ombudsman may make public a report prepared pursuant to
1606 this section in accordance with the provisions of Title 63G, Chapter 2, Government Records
1607 Access and Management Act.
1608 (b) The ombudsman shall have access to all of the department's written and electronic
1609 records and databases, including those regarding individual cases. In accordance with Title
1610 63G, Chapter 2, Government Records Access and Management Act, all documents and
1611 information received by the ombudsman shall maintain the same classification that was
1612 designated by the department.
1613 (7) (a) The ombudsman shall prepare a written report of the findings and
1614 recommendations, if any, of each investigation.
1615 (b) The ombudsman shall make recommendations to the division if the ombudsman
1616 finds that:
1617 (i) a matter should be further considered by the division;
1618 (ii) an administrative act should be addressed, modified, or canceled;
1619 (iii) action should be taken by the division with regard to one of its employees; or
1620 (iv) any other action should be taken by the division.
1621 Section 24. Section 62A-4a-250 is amended to read:
1622 62A-4a-250. Attorney general responsibility.
1623 [
1624
1625
1626
1627
1628 [
1629
1630
1631
1632 [
1633
1634 [
1635 The attorney general's office has the responsibility to represent the division with regard
1636 to actions involving minors [
1637 services under Section 78A-6-117. Nothing in this section may be construed to affect the
1638 responsibility of the county attorney or district attorney to represent the state in those matters,
1639 in accordance with Section 78A-6-115.
1640 Section 25. Section 62A-7-101 is amended to read:
1641 62A-7-101. Definitions.
1642 As used in this chapter:
1643 (1) "Authority" means the Youth Parole Authority, established in accordance with
1644 Section 62A-7-501.
1645 (2) "Board" means the Board of Juvenile Justice Services established in accordance
1646 with Section 62A-1-105.
1647 (3) "Community-based program" means a nonsecure residential or nonresidential
1648 program designated to supervise and rehabilitate youth offenders in accordance with
1649 Subsection 78A-6-117(2)(c) that prioritizes the least restrictive nonresidential setting,
1650 consistent with public safety, and designated or operated by or under contract with the division.
1651 (4) "Control" means the authority to detain, restrict, and supervise a youth in a manner
1652 consistent with public safety and the well being of the youth and division employees.
1653 (5) "Court" means the juvenile court.
1654 (6) "Delinquent act" is an act which would constitute a felony or a misdemeanor if
1655 committed by an adult.
1656 (7) "Detention" means secure detention or home detention.
1657 (8) "Detention center" means a facility established in accordance with Title 62A,
1658 Chapter 7, Part 2, Detention Facilities.
1659 (9) "Director" means the director of the Division of Juvenile Justice Services.
1660 (10) "Discharge" means a written order of the Youth Parole Authority that removes a
1661 youth offender from its jurisdiction.
1662 (11) "Division" means the Division of Juvenile Justice Services.
1663 (12) "Home detention" means predispositional placement of a child in the child's home
1664 or a surrogate home with the consent of the child's parent, guardian, or custodian for conduct
1665 by a child who is alleged to have committed a delinquent act or postdispositional placement
1666 pursuant to Subsection 78A-6-117(2)(f) or 78A-6-1101(3).
1667 (13) "Observation and assessment program" means a nonresidential service program
1668 operated or purchased by the division[
1669
1670 use disorder, mental health, psychological, and sexual behavior risk assessments.
1671 (14) "Parole" means a conditional release of a youth offender from residency in a
1672 secure facility to live outside that facility under the supervision of the Division of Juvenile
1673 Justice Services or other person designated by the division.
1674 (15) "Performance-based contracting" means a system of contracting with service
1675 providers for the provision of residential or nonresidential services that:
1676 (a) provides incentives for the implementation of evidence-based juvenile justice
1677 programs or programs rated as effective for reducing recidivism by a standardized tool pursuant
1678 to Section 63M-7-208; and
1679 (b) provides a premium rate allocation for a minor who receives the evidence-based
1680 dosage of treatment and successfully completes the program within three months.
1681 [
1682 by the division or under contract with the division that is responsible for juveniles taken into
1683 custody by a law enforcement officer for status offenses, infractions, or delinquent acts[
1684
1685 [
1686 rescinds a parole date.
1687 [
1688 that terminates parole supervision of a youth offender and directs return of the youth offender
1689 to the custody of a secure facility [
1690 hearing and a determination that there has been a violation of law or of a condition of parole
1691 that warrants a return to a secure facility in accordance with Section 62A-7-504.
1692 [
1693 guardian without the permission of the parent or guardian.
1694 [
1695 or under contract with the division, for conduct by a child who is alleged to have committed a
1696 delinquent act.
1697 [
1698 division, that provides 24-hour supervision and confinement for youth offenders committed to
1699 the division for custody and rehabilitation.
1700 [
1701 facilities pending court disposition or transfer to another jurisdiction.
1702 [
1703 nonadjudicated youth until the youth can be released to the parent, guardian, a responsible
1704 adult, or to an appropriate agency.
1705 (b) "Temporary custody" does not include a placement in a secure facility, including
1706 secure detention, or a residential community-based program operated or contracted by the
1707 division, except pursuant to Subsection 78A-6-117(2)(f)(iv)(B).
1708 [
1709 terminates a youth offender from parole.
1710 [
1711 conflict:
1712 (a) results in behavior that is beyond the control or ability of the youth, or the parent or
1713 guardian, to manage effectively;
1714 (b) poses a threat to the safety or well-being of the youth, the family, or others; or
1715 (c) results in the situations in both Subsections [
1716 [
1717 project established and administered by the division for youth offenders for the purpose of
1718 rehabilitation, education, and restitution to victims.
1719 [
1720 reached 21 years of age, committed or admitted by the juvenile court to the custody, care, and
1721 jurisdiction of the division, for confinement in a secure facility or supervision in the
1722 community, following adjudication for a delinquent act which would constitute a felony or
1723 misdemeanor if committed by an adult in accordance with Section 78A-6-117.
1724 [
1725 conflict:
1726 (i) for families in crisis when a minor is ungovernable or runaway; or
1727 (ii) involving a minor and the minor's parent or guardian.
1728 (b) These services include efforts to:
1729 (i) resolve family conflict;
1730 (ii) maintain or reunite minors with their families; and
1731 (iii) divert minors from entering or escalating in the juvenile justice system[
1732 (c) The services may provide:
1733 (i) crisis intervention;
1734 (ii) short-term shelter;
1735 (iii) time out placement; and
1736 (iv) family counseling.
1737 Section 26. Section 62A-7-104 is amended to read:
1738 62A-7-104. Division responsibilities.
1739 (1) The division is responsible for all youth offenders committed to [
1740 juvenile courts for secure confinement or supervision and treatment in the community in
1741 accordance with Section 78A-6-117.
1742 (2) The division shall:
1743 (a) establish and administer a continuum of community, secure, and nonsecure
1744 programs for all youth offenders committed to the division;
1745 (b) establish and maintain all detention and secure facilities and set minimum standards
1746 for those facilities;
1747 (c) establish and operate prevention and early intervention youth services programs for
1748 nonadjudicated youth placed with the division; and
1749 (d) establish observation and assessment programs necessary to serve youth offenders
1750 [
1751
1752
1753 (3) The division shall place youth offenders committed to it in the most appropriate
1754 program for supervision and treatment.
1755 (4) In any order committing a youth offender to the division, the juvenile court shall
1756 [
1757 Subsection 78A-6-117(2)(c), or placement in a community-based program[
1758 78A-6-117(2)(c), and specify the criteria under Subsection 78A-6-117(2)(c) or (d) underlying
1759 the commitment. The division shall place the youth offender in the most appropriate program
1760 within the category specified by the court.
1761 (5) The division shall employ staff necessary to:
1762 (a) supervise and control youth offenders in secure facilities or in the community;
1763 (b) supervise and coordinate treatment of youth offenders committed to the division for
1764 placement in community-based programs; and
1765 (c) control and supervise adjudicated and nonadjudicated youth placed with the
1766 division for temporary services in receiving centers, youth services, and other programs
1767 established by the division.
1768 (6) (a) Youth in the custody or temporary custody of the division are controlled or
1769 detained in a manner consistent with public safety and rules [
1770 division. In the event of an unauthorized leave from a secure facility, detention center,
1771 community-based program, receiving center, home, or any other designated placement,
1772 division employees have the authority and duty to locate and apprehend the youth, or to initiate
1773 action with local law enforcement agencies for assistance.
1774 (b) A rule made by the division under this Subsection (6) may not permit secure
1775 detention based solely on the existence of multiple status offenses, misdemeanors, or
1776 infractions alleged in the same criminal episode.
1777 (7) The division shall establish and operate compensatory-service work programs for
1778 youth offenders committed to the division by the juvenile court. The compensatory-service
1779 work program may not be residential and shall:
1780 (a) provide labor to help in the operation, repair, and maintenance of public facilities,
1781 parks, highways, and other programs designated by the division;
1782 (b) provide educational and prevocational programs in cooperation with the State
1783 Board of Education for youth offenders placed in the program; and
1784 (c) provide counseling to youth offenders.
1785 (8) The division shall establish minimum standards for the operation of all private
1786 residential and nonresidential rehabilitation facilities [
1787 who have committed a delinquent act[
1788 (9) In accordance with policies established by the board, the division shall provide
1789 regular training for staff of secure facilities, detention staff, case management staff, and staff of
1790 the community-based programs.
1791 (10) (a) The division is authorized to employ special function officers, as defined in
1792 Section 53-13-105, to locate and apprehend minors who have absconded from division
1793 custody, transport minors taken into custody pursuant to division policy, investigate cases, and
1794 carry out other duties as assigned by the division.
1795 (b) Special function officers may be employed through contract with the Department of
1796 Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
1797 (11) The division shall designate employees to obtain the saliva DNA specimens
1798 required under Section 53-10-403. The division shall ensure that the designated employees
1799 receive appropriate training and that the specimens are obtained in accordance with accepted
1800 protocol.
1801 (12) The division shall register with the Department of Corrections any person who:
1802 (a) has been adjudicated delinquent based on an offense listed in Subsection
1803 77-41-102(17)(a);
1804 (b) has been committed to the division for secure confinement; and
1805 (c) remains in the division's custody 30 days [
1806 birthday.
1807 (13) The division shall ensure that a program delivered to a youth offender under this
1808 section is evidence based in accordance with Section 63M-7-208.
1809 Section 27. Section 62A-7-107.5 is amended to read:
1810 62A-7-107.5. Contracts with private providers.
1811 (1) This chapter does not prohibit the division from contracting with private providers
1812 or other agencies for the construction, operation, and maintenance of juvenile facilities or the
1813 provision of care, treatment, and supervision of youth offenders who have been committed to
1814 the care of the division.
1815 (2) All programs for the care, treatment, and supervision of youth offenders committed
1816 to the division shall be licensed in compliance with division standards within six months after
1817 commencing operation.
1818 (3) A contract for the care, treatment, and supervision of a youth offender committed to
1819 the division shall be executed in accordance with the performance-based contracting system
1820 developed under Section 63M-7-208.
1821 Section 28. Section 62A-7-109.5 is amended to read:
1822 62A-7-109.5. Restitution by youth offender.
1823 (1) The division shall make reasonable efforts to ensure that restitution is made to the
1824 victim of a youth offender. Restitution shall be made through the employment of youth
1825 offenders in work programs. However, reimbursement to the victim of a youth offender is
1826 conditional upon that youth offender's involvement in the work program.
1827 (2) Restitution ordered by the court may be made a condition of release, placement, or
1828 parole by the division. [
1829
1830
1831
1832 (3) The division shall notify the juvenile court of all restitution paid to victims through
1833 the employment of youth offenders in work programs.
1834 Section 29. Section 62A-7-201 is amended to read:
1835 62A-7-201. Confinement -- Facilities -- Restrictions.
1836 (1) Children under 18 years of age, who are apprehended by any officer or brought
1837 before any court for examination under any provision of state law, may not be confined in jails,
1838 lockups, or cells used for persons 18 years of age or older who are charged with crime, or in
1839 secure postadjudication correctional facilities operated by the division, except as provided in
1840 Subsection (2), other specific statute, or in conformance with standards approved by the board.
1841 (2) (a) Children charged with crimes under Section 78A-6-701, as a serious youth
1842 offender under Section 78A-6-702 and bound over to the jurisdiction of the district court, or
1843 certified to stand trial as an adult pursuant to Section 78A-6-703, if detained, shall be detained
1844 as provided in these sections.
1845 (b) Children detained in adult facilities under Section 78A-6-702 or 78A-6-703 [
1846
1847 in certified juvenile detention accommodations in accordance with rules [
1848 by the [
1849 standards for acceptable sight and sound separation from adult inmates. The [
1850 Commission on Criminal and Juvenile Justice certifies facilities that are in compliance with the
1851 [
1852 This Subsection (2)(b) [
1853 accordance with Subsection (2)(a).
1854 (3) In areas of low density population, the [
1855 Juvenile Justice may, by rule, approve juvenile holding accommodations within adult facilities
1856 that have acceptable sight and sound separation. Those facilities shall be used only for
1857 short-term holding purposes, with a maximum confinement of six hours, for children alleged to
1858 have committed an act which would be a criminal offense if committed by an adult.
1859 Acceptable short-term holding purposes are: identification, notification of juvenile court
1860 officials, processing, and allowance of adequate time for evaluation of needs and circumstances
1861 regarding release or transfer to a shelter or detention facility. [
1862 Subsection (3) [
1863 with Subsection (2)(a).
1864 (4) Children who are alleged to have committed an act [
1865 criminal offense if committed by an adult, may be detained in holding rooms in local law
1866 enforcement agency facilities for a maximum of two hours, for identification or interrogation,
1867 or while awaiting release to a parent or other responsible adult. Those rooms shall be certified
1868 by the [
1869 rules. Those rules shall include provisions for constant supervision and for sight and sound
1870 separation from adult inmates.
1871 (5) Willful failure to comply with [
1872 misdemeanor.
1873 (6) (a) The division is responsible for the custody and detention of children under 18
1874 years of age who require detention care [
1875 assignment to a home or facility, as a dispositional placement under Subsection
1876 78A-6-117(2)(f)(i) [
1877 62A-7-504[
1878 juveniles held in an adult detention facility in accordance with Subsection (2)(a).
1879 (b) (i) The [
1880 standards for custody or detention under Subsections (2)(b), (3), and (4)[
1881 (ii) The division shall determine and set standards for conditions of care and
1882 confinement of children in detention facilities.
1883 (c) All other custody or detention shall be provided by the division, or by contract with
1884 a public or private agency willing to undertake temporary custody or detention upon agreed
1885 terms, or in suitable premises distinct and separate from the general jails, lockups, or cells used
1886 in law enforcement and corrections systems. [
1887 [
1888 Subsection (2)(a).
1889 Section 30. Section 62A-7-202 is amended to read:
1890 62A-7-202. Location of detention facilities and services.
1891 (1) The division shall provide detention facilities and services in each county, or group
1892 of counties, as the population demands, in accordance with [
1893 (2) The division[
1894 implementation, and administration of home detention services available in every judicial
1895 district, and shall establish criteria for placement on home detention.
1896 (3) (a) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
1897 Administrative Rulemaking Act, establishing standards for admission to secure detention and
1898 home detention programs.
1899 (b) The rules made under this Subsection (3) shall prioritize use of home detention for
1900 a minor who might otherwise be held in secure detention.
1901 (4) The division shall provide training regarding implementation of the rules to law
1902 enforcement agencies, division employees, juvenile court employees, and other affected
1903 agencies and individuals upon their request.
1904 Section 31. Section 62A-7-404 is amended to read:
1905 62A-7-404. Commitment -- Termination and review.
1906 (1) A youth offender who has been committed to a secure facility shall remain until the
1907 offender reaches the age of 21, is paroled, or is discharged.
1908 (2) A youth offender who has been committed to a secure facility shall appear before
1909 the authority within [
1910 establishment of parole release guidelines.
1911 (3) (a) For a youth offender committed to a secure facility, except a youth offender
1912 excluded under Subsection (5), the authority shall set a presumptive term of commitment that
1913 does not exceed three to six months.
1914 (b) The authority shall release the minor onto parole at the end of the presumptive term
1915 of commitment unless at least one the following circumstances exists:
1916 (i) termination would interrupt the completion of a necessary treatment program; or
1917 (ii) the youth commits a new misdemeanor or felony offense.
1918 (c) Completion of a program under Subsection (3)(b)(i) shall be determined by a
1919 minor's consistent attendance and completing the goals of the necessary treatment program as
1920 determined by the Youth Parole Authority after consideration of the recommendations of a
1921 licensed service provider.
1922 (d) The authority may extend the length of commitment and delay parole release for the
1923 time needed to address the specific circumstance only if one of the circumstances under
1924 Subsection (3)(b) exists.
1925 (e) The length of the extension and the grounds for the extension shall be recorded and
1926 reported annually to the Commission on Criminal and Juvenile Justice.
1927 (4) (a) For a youth offender committed to a secure facility, except a youth offender
1928 excluded under Subsection (5), the authority shall set a presumptive term of parole supervision
1929 that does not exceed three to four months.
1930 (b) A minor whom the authority determines is unable to return home immediately upon
1931 release may serve the term of parole in the home of a qualifying relative or guardian, or at an
1932 independent living program contracted or operated by the division.
1933 (c) The authority shall release the minor from parole and terminate jurisdiction at the
1934 end of the presumptive term of parole unless at least one the following circumstances exists:
1935 (i) termination would interrupt the completion of a necessary treatment program;
1936 (ii) the youth commits a new misdemeanor or felony offense; or
1937 (iii) service hours have not been completed.
1938 (d) Completion of a program under Subsection (4)(c) shall be determined by a minor's
1939 consistent attendance and completing the goals of the necessary treatment program as
1940 determined by the Youth Parole Authority after consideration of the recommendations of a
1941 licensed service provider.
1942 (e) If one of the circumstances under Subsection (4)(c) exists, the authority may delay
1943 parole release only for the time needed to address the specific circumstance.
1944 (f) Grounds for extension of the presumptive length of parole and the length of the
1945 extension shall be recorded and reported annually to the Commission on Criminal and Juvenile
1946 Justice.
1947 (g) In the event of an unauthorized leave lasting more than 24 hours, the term of parole
1948 shall toll until the minor returns.
1949 (5) Subsections (3) and (4) do not apply to a youth offender committed to a secure
1950 facility for:
1951 (a) Section 76-5-202, attempted aggravated murder;
1952 (b) Section 76-5-203, murder or attempted murder;
1953 (c) Section 76-5-405, aggravated sexual assault;
1954 (d) a felony violation of:
1955 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
1956 (ii) Section 76-5-302, aggravated kidnapping; or
1957 (iii) Section 76-6-103, aggravated arson;
1958 (e) Section 76-6-203, aggravated burglary;
1959 (f) Section 76-6-302, aggravated robbery;
1960 (g) Section 76-10-508.1, felony discharge of a firearm; or
1961 (h) an offense other than those listed in Subsections (5)(a) through (g) involving the
1962 use of a dangerous weapon that would be a felony if committed by an adult, and the minor has
1963 been previously adjudicated or convicted of an offense involving the use of a dangerous
1964 weapon that also would have been a felony if committed by an adult.
1965 (6) (a) The division may continue to have responsibility for any minor discharged
1966 under this section from parole until 21 years of age for the purposes of specific educational or
1967 rehabilitative programs, under conditions agreed upon by both the division and the minor and
1968 terminable by either.
1969 (b) The division shall offer the educational or rehabilitative program before the minor's
1970 discharge date as provided in this section.
1971 (c) Notwithstanding Subsection (6)(b), a minor may request and the division shall
1972 consider any such request for the services described in this section, for up to 90 days after the
1973 minor's effective date of discharge, even when the minor has previously declined services or
1974 services were terminated for noncompliance, and may reach an agreement with the minor,
1975 terminable by either, to provide the services described in this section until the minor attains the
1976 age of 21.
1977 Section 32. Section 62A-7-501 is amended to read:
1978 62A-7-501. Youth Parole Authority -- Expenses -- Responsibilities -- Procedures.
1979 (1) There is created within the division a Youth Parole Authority.
1980 (2) (a) The authority is composed of 10 part-time members and five pro tempore
1981 members who are residents of this state. No more than three pro tempore members may serve
1982 on the authority at any one time.
1983 (b) Throughout this section, the term "member" refers to both part-time and pro
1984 tempore members of the Youth Parole Authority.
1985 (3) (a) Except as required by Subsection (3)(b), members shall be appointed to
1986 four-year terms by the governor with the consent of the Senate.
1987 (b) The governor shall, at the time of appointment or reappointment, adjust the length
1988 of terms to ensure that the terms of authority members are staggered so that approximately half
1989 of the authority is appointed every two years.
1990 (4) Each member shall have training or experience in social work, law, juvenile or
1991 criminal justice, or related behavioral sciences.
1992 (5) When a vacancy occurs in the membership for any reason, the replacement member
1993 shall be appointed for the unexpired term.
1994 (6) During the tenure of [
1995 (a) be an employee of the department, other than in [
1996 member of the authority;
1997 (b) hold any public office;
1998 (c) hold any position in the state's juvenile justice system; or
1999 (d) be an employee, officer, advisor, policy board member, or subcontractor of any
2000 juvenile justice agency or its contractor.
2001 (7) In extraordinary circumstances or when a regular member is absent or otherwise
2002 unavailable, the chair may assign a pro tempore member to act in the absent member's place.
2003 (8) A member may not receive compensation or benefits for the member's service, but
2004 may receive per diem and travel expenses in accordance with:
2005 (a) Section 63A-3-106;
2006 (b) Section 63A-3-107; and
2007 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2008 63A-3-107.
2009 (9) The authority shall determine appropriate parole dates for youth offenders, based on
2010 guidelines established by the board and in accordance with Section 62A-7-404. The board
2011 shall review and update policy guidelines annually.
2012 (10) Youth offenders may be paroled to their own homes, [
2013
2014 independent living program contracted or operated by the division, to an approved independent
2015 living setting, or to other appropriate residences of qualifying relatives or guardians, but shall
2016 remain on parole until parole is terminated by the authority in accordance with Section
2017 62A-7-404.
2018 (11) The division's case management staff shall implement parole release plans and
2019 shall supervise youth offenders while on parole.
2020 (12) The division shall permit the authority to have reasonable access to youth
2021 offenders in secure facilities and shall furnish all pertinent data requested by the authority in
2022 matters of parole, revocation, and termination.
2023 Section 33. Section 62A-7-504 is amended to read:
2024 62A-7-504. Parole revocation -- Hearing -- Procedures.
2025 (1) The authority may revoke the parole of a youth offender only after a hearing and
2026 upon determination that there has been a violation of law or of a condition of parole by the
2027 youth offender [
2028 parole revocation hearing shall be held at a secure facility.
2029 (2) Before returning a youth offender to a secure facility for a parole revocation or
2030 rescission hearing, the division shall provide a prerevocation or prerescission hearing within
2031 the vicinity of the alleged violation, to determine whether there is probable cause to believe
2032 that the youth offender violated the conditions of [
2033 finding of probable cause, the youth offender may be remanded to a secure facility, pending a
2034 revocation hearing.
2035 (3) The authority shall only proceed with the parole revocation or rescission process in
2036 accordance with the system of appropriate responses developed pursuant to Section 78A-6-123
2037 as of July 1, 2018.
2038 [
2039 revocation hearing, and if the youth offender or [
2040 but cannot afford legal representation, the authority shall appoint legal counsel.
2041 [
2042 compel attendance of witnesses, compel production of books, papers and other documents,
2043 administer oaths, and take testimony under oath for the purposes of conducting the hearings.
2044 [
2045 place, and reason for the hearing, and has the right to appear at the hearing.
2046 (b) The authority shall provide the youth offender an opportunity to be heard, to
2047 present witnesses and evidence, and to confront and cross-examine adverse witnesses, unless
2048 there is good cause for disallowing that confrontation.
2049 [
2050 majority vote of the present members of the authority.
2051 [
2052 provide written notice to the youth offender of the decision and reason for the decision.
2053 [
2054 employee to take into custody a youth offender alleged to be in violation of parole conditions in
2055 accordance with Section 78A-6-123 as of July 1, 2018.
2056 (b) The division may issue a warrant to any peace officer or division employee to
2057 retake a youth offender who has escaped from a secure facility.
2058 (c) Based upon the warrant issued under this Subsection [
2059 be held in a local detention facility for no longer than 48 hours, excluding weekends and legal
2060 holidays, to allow time for a prerevocation or prerecission hearing of the alleged parole
2061 violation, or in the case of an escapee, arrangement for transportation to the secure facility.
2062 Section 34. Section 62A-7-506 is amended to read:
2063 62A-7-506. Discharge of youth offender.
2064 (1) A youth offender may be discharged from the jurisdiction of the division at any
2065 time, by written order of the Youth Parole Authority, upon a finding that no further purpose
2066 would be served by secure confinement or supervision in a community setting.
2067 (2) Discharge of a youth offender shall be in accordance with policies approved by the
2068 board and Section 62A-7-404.
2069 (3) Discharge of a youth offender is a complete release of all penalties incurred by
2070 adjudication of the offense for which the youth offender was committed.
2071 Section 35. Section 62A-7-601 is amended to read:
2072 62A-7-601. Youth services for prevention and early intervention -- Program
2073 standards -- Program services.
2074 (1) The division shall establish and operate prevention and early intervention youth
2075 services programs.
2076 (2) The division shall adopt with the approval of the board statewide policies and
2077 procedures, including minimum standards for the organization and operation of youth services
2078 programs.
2079 (3) The division shall establish housing, programs, and procedures to ensure that youth
2080 who are receiving services under this section and who are not in the custody of the division are
2081 served separately from youth who are in custody of the division.
2082 (4) The division may enter into contracts with state and local governmental entities and
2083 private providers to provide the youth services.
2084 (5) The division shall establish and administer juvenile receiving centers and other
2085 programs to provide temporary custody, care, risk-needs assessments, evaluations, and control
2086 for nonadjudicated and adjudicated youth placed with the division.
2087 (6) The division shall prioritize use of evidence-based juvenile justice programs and
2088 practices.
2089 Section 36. Section 62A-7-701 is amended to read:
2090 62A-7-701. Community-based programs.
2091 (1) (a) The division shall operate residential and nonresidential community-based
2092 programs to provide care, treatment, and supervision [
2093 youth offenders committed to the division by juvenile courts.
2094 (b) The division shall operate or contract for nonresidential community-based
2095 programs and independent living programs to provide care, treatment, and supervision of
2096 paroled youth offenders.
2097 (2) The division shall adopt, with the approval of the board, minimum standards for the
2098 organization and operation of community-based corrections programs for youth offenders.
2099 (3) The division shall place youth offenders committed to it for community-based
2100 programs in the most appropriate program based upon the division's evaluation of the youth
2101 offender's needs and the division's available resources in accordance with Sections 62A-7-404
2102 and 78A-6-117.
2103 Section 37. Section 63M-7-204 is amended to read:
2104 63M-7-204. Duties of commission.
2105 (1) The State Commission on Criminal and Juvenile Justice administration shall:
2106 [
2107 [
2108 justice agencies;
2109 [
2110 effectiveness of criminal justice policies, procedures, and programs that are directed toward the
2111 reduction of crime in the state;
2112 [
2113 address reducing recidivism, including changes in penalties and sentencing guidelines intended
2114 to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
2115 evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
2116 alternative to incarceration, as resources allow;
2117 [
2118 jurisdictions which have effectively reduced crime;
2119 [
2120 commission determines will significantly reduce crime in Utah;
2121 [
2122 legislation, state budget, and facility requests, including program and fiscal impact on all
2123 components of the criminal and juvenile justice system;
2124 [
2125 and federal criminal justice grant money;
2126 [
2127 give technical assistance to agencies or local units of government on methods to promote
2128 public awareness;
2129 [
2130 and juvenile justice system;
2131 [
2132 [
2133 juvenile justice systems, including specific projections for secure bed space;
2134 [
2135 systems that are consistent with common standards for data storage and are capable of
2136 appropriately sharing information with other criminal justice information systems by:
2137 [
2138 criminal justice agencies;
2139 [
2140 by state criminal justice agencies to assess their accuracy, completeness, and adherence to
2141 standards;
2142 [
2143 the improvement of information management for law enforcement and the administration of
2144 justice; and
2145 [
2146 information systems and making rules as necessary to carry out the duties under [
2147 Subsection [
2148 [
2149 education programs to help prevent the sexual exploitation of children;
2150 [
2151 Enforcement Operations Account created in Section 51-9-411 for law enforcement operations
2152 and programs related to reducing illegal drug activity and related criminal activity;
2153 [
2154 reported by agencies and contractors related to policies recommended by the commission
2155 regarding recidivism reduction; [
2156 [
2157 funds appropriated by the Legislature to programs and practices implemented by counties that
2158 reduce recidivism and reduce the number of offenders per capita who are incarcerated[
2159 (r) oversee or designate an entity to oversee the implementation of juvenile justice
2160 reforms; and
2161 (s) make rules and administer the juvenile holding room standards and juvenile jail
2162 standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
2163 pursuant to 42 U.S.C. Sec. 5633.
2164 (2) If the commission designates an entity under Subsection (1)(r), the commission
2165 shall ensure that the membership of the entity include representation from the three branches of
2166 government and, as determined by the commission, representation from relevant stakeholder
2167 groups across all parts of the juvenile justice system Ĥ→ including county representation ←Ĥ .
2168 Section 38. Section 63M-7-208 is enacted to read:
2169 63M-7-208. Juvenile justice oversight -- Delegation.
2170 (1) The Commission on Criminal and Juvenile Justice shall:
2171 (a) support implementation and expansion of evidence-based juvenile justice programs
2172 and practices, including assistance regarding implementation fidelity, quality assurance, and
2173 ongoing evaluation;
2174 (b) examine and make recommendations on the use of third-party entities or an
2175 intermediary organization to assist with implementation and to support the performance-based
2176 contracting system authorized in Subsection (1)(m);
2177 (c) oversee the development of performance measures to track juvenile justice reforms,
2178 and ensure early and ongoing stakeholder engagement in identifying the relevant performance
2179 measures;
2180 (d) evaluate currently collected data elements throughout the juvenile justice system
2181 and contract reporting requirements to streamline reporting, reduce redundancies, eliminate
2182 inefficiencies, and ensure a focus on recidivism reduction;
2183 (e) review averted costs from reductions in out-of-home placements for juvenile justice
2184 youth placed with the Division of Juvenile Justice Services and the Division of Child and
2185 Family Services, and make recommendations to prioritize the reinvestment and realignment of
2186 resources into community-based programs for youth living at home, including the following:
2187 (i) statewide expansion of:
2188 (A) receiving centers;
2189 (B) mobile crisis outreach teams, as defined in Section 78A-6-105;
2190 (C) youth courts; and
2191 (D) victim-offender mediation;
2192 (ii) statewide implementation of nonresidential diagnostic assessment;
2193 (iii) statewide availability of evidence-based programs and practices including
2194 cognitive behavioral and family therapy programs for minors assessed by a validated risk and
2195 needs assessment as moderate or high risk;
2196 (iv) implementation and infrastructure to support the sustainability and fidelity of
2197 evidence-based juvenile justice programs, including resources for staffing, transportation, and
2198 flexible funds; and
2199 (v) early intervention programs such as family strengthening programs, family
2200 wraparound services, and proven truancy interventions;
2201 (f) assist the Administrative Office of the Courts in the development of a statewide
2202 sliding scale for the assessment of fines, fees, and restitution, based on the ability of the minor's
2203 family to pay;
2204 (g) analyze the alignment of resources and the roles and responsibilities of agencies,
2205 such as the operation of early intervention services, receiving centers, and diversion, and make
2206 recommendations to reallocate functions as appropriate, in accordance with Section
2207 62A-7-601;
2208 (h) ensure that data reporting is expanded and routinely review data in additional areas,
2209 including:
2210 (i) referral and disposition data by judicial district;
2211 (ii) data on the length of time minors spend in the juvenile justice system, including the
2212 total time spent under court jurisdiction, on community supervision, and in each out-of-home
2213 placement;
2214 (iii) recidivism data for diversion types pursuant to Section 78A-6-602 and disposition
2215 types pursuant to Section 78A-6-117, including tracking minors into the adult corrections
2216 system;
2217 (iv) change in aggregate risk levels from the time minors receive services, are under
2218 supervision, and are in out-of-home placement; and
2219 (v) dosage of programming;
2220 (i) develop a reasonable timeline within which all programming delivered to minors in
2221 the juvenile justice system must be evidence-based or consist of practices that are rated as
2222 effective for reducing recidivism by a standardized program evaluation tool;
2223 (j) provide guidelines to be considered by the Administrative Office of the Courts and
2224 the Division of Juvenile Justice Services in developing tools considered by the Administrative
2225 Office of the Courts and the Division of Juvenile Justice Services in developing or selecting
2226 tools to be used for the evaluation of juvenile justice programs;
2227 (k) develop a timeline to support improvements to juvenile justice programs to achieve
2228 reductions in recidivism and review reports from relevant state agencies on progress toward
2229 reaching that timeline;
2230 (l) subject to Subsection (2), assist in the development of training for juvenile justice
2231 stakeholders, including educators, law enforcement officers, probation staff, judges, Division
2232 of Juvenile Justice Services staff, Division of Child and Family Services staff, and program
2233 providers;
2234 (m) subject to Subsection (3), assist in the development of a performance-based
2235 contracting system, which shall be developed by the Administrative Office of the Courts and
2236 the Division of Juvenile Justice Services for contracted services in the community and
2237 contracted out-of-home placement providers;
2238 (n) assist in the development of a validated detention risk assessment tool that shall be
2239 developed or adopted and validated by the Administrative Office of the Courts and the
2240 Division of Juvenile Justice Services as provided in Section 78A-6-124 as of July 1, 2018; and
2241 (o) annually issue and make public a report to the governor, president of the Senate,
2242 speaker of the House of Representatives, and chief justice of the Utah Supreme Court on the
2243 progress of the reforms and any additional areas in need of review.
2244 (2) Training described in Subsection (1)(l) should include instruction on
2245 evidence-based programs and principles of juvenile justice, such as risk, needs, responsivity,
2246 and fidelity, and shall be supplemented by the following topics:
2247 (a) adolescent development;
2248 (b) identifying and using local behavioral health resources;
2249 (c) implicit bias;
2250 (d) cultural competency;
2251 (e) graduated responses;
2252 (f) Utah juvenile justice system data and outcomes; and
2253 (g) gangs.
2254 (3) The system described in Subsection (1)(m) shall provide incentives for:
2255 (a) the use of evidence-based juvenile justice programs and practices rated as effective
2256 by the tools selected in accordance with Subsection (1)(j);
2257 (b) the use of three-month timelines for program completion; and
2258 (c) evidence-based programs and practices for minors living at home in rural areas.
2259 (4) The Commission on Criminal and Juvenile Justice may delegate the duties imposed
2260 under this section to a subcommittee or board established by the Commission on Criminal and
2261 Juvenile Justice in accordance with Subsection 63M-7-204(2).
2262 Section 39. Section 63M-7-404 is amended to read:
2263 63M-7-404. Purpose -- Duties.
2264 (1) The purpose of the commission shall be to develop guidelines and propose
2265 recommendations to the Legislature, the governor, and the Judicial Council about the
2266 sentencing and release of juvenile and adult offenders in order to:
2267 (a) respond to public comment;
2268 (b) relate sentencing practices and correctional resources;
2269 (c) increase equity in criminal sentencing;
2270 (d) better define responsibility in criminal sentencing; and
2271 (e) enhance the discretion of sentencing judges while preserving the role of the Board
2272 of Pardons and Parole and the Youth Parole Authority.
2273 (2) (a) The commission shall modify the sentencing guidelines for adult offenders to
2274 implement the recommendations of the Commission on Criminal and Juvenile Justice for
2275 reducing recidivism.
2276 (b) The modifications under Subsection (2)(a) shall be for the purposes of protecting
2277 the public and ensuring efficient use of state funds.
2278 (3) (a) The commission shall modify the criminal history score in the sentencing
2279 guidelines for adult offenders to implement the recommendations of the Commission on
2280 Criminal and Juvenile Justice for reducing recidivism.
2281 (b) The modifications to the criminal history score under Subsection (3)(a) shall
2282 include factors in an offender's criminal history that are relevant to the accurate determination
2283 of an individual's risk of offending again.
2284 (4) (a) The commission shall establish sentencing guidelines for periods of
2285 incarceration for individuals who are on probation and:
2286 (i) who have violated one or more conditions of probation; and
2287 (ii) whose probation has been revoked by the court.
2288 (b) The guidelines shall consider the seriousness of the violation of the conditions of
2289 probation, the probationer's conduct while on probation, and the probationer's criminal history.
2290 (5) (a) The commission shall establish sentencing guidelines for periods of
2291 incarceration for individuals who are on parole and:
2292 (i) who have violated a condition of parole; and
2293 (ii) whose parole has been revoked by the Board of Pardons and Parole.
2294 (b) The guidelines shall consider the seriousness of the violation of the conditions of
2295 parole, the individual's conduct while on parole, and the individual's criminal history.
2296 (6) The commission shall establish graduated sanctions to facilitate the prompt and
2297 effective response to an individual's violation of the terms of probation or parole by the adult
2298 probation and parole section of the Department of Corrections in order to implement the
2299 recommendations of the Commission on Criminal and Juvenile Justice for reducing recidivism,
2300 including:
2301 (a) sanctions to be used in response to a violation of the terms of probation or parole;
2302 (b) when violations should be reported to the court or the Board of Pardons and Parole;
2303 and
2304 (c) a range of sanctions that may not exceed a period of incarceration of more than:
2305 (i) three consecutive days; and
2306 (ii) a total of five days in a period of 30 days.
2307 (7) The commission shall establish graduated incentives to facilitate a prompt and
2308 effective response by the adult probation and parole section of the Department of Corrections
2309 to an offender's:
2310 (a) compliance with the terms of probation or parole; and
2311 (b) positive conduct that exceeds those terms.
2312 (8) (a) The commission shall establish guidelines, including sanctions and incentives,
2313 to appropriately respond to negative and positive behavior of juveniles who are:
2314 (i) nonjudicially Ĥ→ [
2315 (ii) placed on diversion;
2316 (iii) placed on probation;
2317 (iv) placed on community supervision;
2318 (v) placed in an out-of-home placement; or
2319 (vi) placed in a secure care facility.
2320 (b) In establishing guidelines under this Subsection (8), the commission shall consider:
2321 (i) the seriousness of the negative and positive behavior;
2322 (ii) the juvenile's conduct post-adjudication; and
2323 (iii) the delinquency history of the juvenile.
2324 (c) The guidelines shall include:
2325 (i) responses that are swift and certain;
2326 (ii) a continuum of community-based options for juveniles living at home;
2327 (iii) responses that target the individual's criminogenic risk and needs; and
2328 (iv) incentives for compliance, including earned discharge credits.
2329 Section 40. Section 76-5-413 is amended to read:
2330 76-5-413. Custodial sexual relations or misconduct with youth receiving state
2331 services -- Definitions -- Penalties -- Defenses.
2332 (1) As used in this section:
2333 (a) "Actor" means:
2334 (i) a person employed by the Department of Human Services, as created in Section
2335 62A-1-102, or an employee of a private provider or contractor; or
2336 (ii) a person employed by the juvenile court of the state, or an employee of a private
2337 provider or contractor.
2338 (b) "Department" means the Department of Human Services created in Section
2339 62A-1-102.
2340 (c) "Juvenile court" means the juvenile court of the state created in Section 78A-6-102.
2341 (d) "Private provider or contractor" means any person or entity that contracts with the:
2342 (i) department to provide services or functions that are part of the operation of the
2343 department; or
2344 (ii) juvenile court to provide services or functions that are part of the operation of the
2345 juvenile court.
2346 (e) "Youth receiving state services" means a person:
2347 (i) younger than 18 years of age, except as provided under Subsection (1)(e)(ii), who is:
2348 (A) in the custody of the department under Subsection 78A-6-117(2)(c)[
2349 (B) receiving services from any division of the department if any portion of the costs of
2350 these services is covered by public money as defined in Section 76-8-401; or
2351 (ii) younger than 21 years of age who is:
2352 (A) in the custody of the Division of Juvenile Justice Services, or the Division of Child
2353 and Family Services; or
2354 (B) under the jurisdiction of the juvenile court.
2355 (2) (a) An actor commits custodial sexual relations with a youth receiving state
2356 services if the actor commits any of the acts under Subsection (3):
2357 (i) under circumstances not amounting to commission of, or an attempt to commit, an
2358 offense under Subsection (6); and
2359 (ii) (A) the actor knows that the individual is a youth receiving state services; or
2360 (B) a reasonable person in the actor's position should have known under the
2361 circumstances that the individual was a youth receiving state services.
2362 (b) A violation of Subsection (2)(a) is a third degree felony, but if the youth receiving
2363 state services is younger than 18 years of age, a violation of Subsection (2)(a) is a second
2364 degree felony.
2365 (c) If the act committed under this Subsection (2) amounts to an offense subject to a
2366 greater penalty under another provision of state law than is provided under this Subsection (2),
2367 this Subsection (2) does not prohibit prosecution and sentencing for the more serious offense.
2368 (3) Acts referred to in Subsection (2)(a) are:
2369 (a) having sexual intercourse with a youth receiving state services;
2370 (b) engaging in any sexual act with a youth receiving state services involving the
2371 genitals of one person and the mouth or anus of another person, regardless of the sex of either
2372 participant; or
2373 (c) causing the penetration, however slight, of the genital or anal opening of a youth
2374 receiving state services by any foreign object, substance, instrument, or device, including a part
2375 of the human body, with the intent to cause substantial emotional or bodily pain to any person,
2376 regardless of the sex of any participant or with the intent to arouse or gratify the sexual desire
2377 of any person, regardless of the sex of any participant.
2378 (4) (a) An actor commits custodial sexual misconduct with a youth receiving state
2379 services if the actor commits any of the acts under Subsection (5):
2380 (i) under circumstances not amounting to commission of, or an attempt to commit, an
2381 offense under Subsection (6); and
2382 (ii) (A) the actor knows that the individual is a youth receiving state services; or
2383 (B) a reasonable person in the actor's position should have known under the
2384 circumstances that the individual was a youth receiving state services.
2385 (b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the youth
2386 receiving state services is younger than 18 years of age, a violation of Subsection (4)(a) is a
2387 third degree felony.
2388 (c) If the act committed under this Subsection (4) amounts to an offense subject to a
2389 greater penalty under another provision of state law than is provided under this Subsection (4),
2390 this Subsection (4) does not prohibit prosecution and sentencing for the more serious offense.
2391 (5) Acts referred to in Subsection (4)(a) are the following acts when committed with
2392 the intent to cause substantial emotional or bodily pain to any person or with the intent to
2393 arouse or gratify the sexual desire of any person, regardless of the sex of any participant:
2394 (a) touching the anus, buttocks, or any part of the genitals of a youth receiving state
2395 services;
2396 (b) touching the breast of a female youth receiving state services;
2397 (c) otherwise taking indecent liberties with a youth receiving state services; or
2398 (d) causing a youth receiving state services to take indecent liberties with the actor or
2399 another person.
2400 (6) The offenses referred to in Subsections (2)(a)(i) and (4)(a)(i) are:
2401 (a) Section 76-5-401, unlawful sexual activity with a minor;
2402 (b) Section 76-5-402, rape;
2403 (c) Section 76-5-402.1, rape of a child;
2404 (d) Section 76-5-402.2, object rape;
2405 (e) Section 76-5-402.3, object rape of a child;
2406 (f) Section 76-5-403, forcible sodomy;
2407 (g) Section 76-5-403.1, sodomy on a child;
2408 (h) Section 76-5-404, forcible sexual abuse;
2409 (i) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child; or
2410 (j) Section 76-5-405, aggravated sexual assault.
2411 (7) (a) It is not a defense to the commission of the offense of custodial sexual relations
2412 with a youth receiving state services under Subsection (2) or custodial sexual misconduct with
2413 a youth receiving state services under Subsection (4), or an attempt to commit either of these
2414 offenses, if the youth receiving state services is younger than 18 years of age, that the actor:
2415 (i) mistakenly believed the youth receiving state services to be 18 years of age or older
2416 at the time of the alleged offense; or
2417 (ii) was unaware of the true age of the youth receiving state services.
2418 (b) Consent of the youth receiving state services is not a defense to any violation or
2419 attempted violation of Subsection (2) or (4).
2420 (8) It is a defense that the commission by the actor of an act under Subsection (2) or (4)
2421 is the result of compulsion, as the defense is described in Subsection 76-2-302(1).
2422 Section 41. Section 76-9-701 is amended to read:
2423 76-9-701. Intoxication -- Release of arrested person or placement in detoxification
2424 center.
2425 (1) A person is guilty of intoxication if the person is under the influence of alcohol, a
2426 controlled substance, or any substance having the property of releasing toxic vapors, to a
2427 degree that the person may endanger the person or another, in a public place or in a private
2428 place where the person unreasonably disturbs other persons.
2429 (2) (a) A peace officer or a magistrate may release from custody a person arrested
2430 under this section if the peace officer or magistrate believes imprisonment is unnecessary for
2431 the protection of the person or another.
2432 (b) A peace officer may take the arrested person to a detoxification center or other
2433 special facility as an alternative to incarceration or release from custody.
2434 (3) (a) If a minor is found by a court to have violated this section and the violation is
2435 the minor's first violation of this section, the court may:
2436 (i) order the minor to complete a screening as defined in Section 41-6a-501;
2437 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
2438 screening indicates an assessment to be appropriate; and
2439 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
2440 or substance [
2441 (b) If a minor is found by a court to have violated this section and the violation is the
2442 minor's second or subsequent violation of this section, the court shall:
2443 (i) order the minor to complete a screening as defined in Section 41-6a-501;
2444 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
2445 screening indicates an assessment to be appropriate; and
2446 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
2447 or substance [
2448 (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
2449 found by a court to have violated this section, the court hearing the case shall suspend the
2450 minor's driving privileges under Section 53-3-219.
2451 (b) Notwithstanding the requirement in Subsection (4)(a), the court may reduce the
2452 suspension period required under Section 53-3-219 if:
2453 (i) the violation is the minor's first violation of this section; and
2454 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
2455 (B) the minor demonstrates substantial progress in substance [
2456 treatment.
2457 (c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the
2458 requirements of Section 53-3-219, the court may reduce the suspension period required under
2459 Section 53-3-219 if:
2460 (i) the violation is the minor's second or subsequent violation of this section;
2461 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
2462 demonstrated substantial progress in substance [
2463 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
2464 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
2465 consecutive period during the suspension period imposed under Subsection (4)(a); or
2466 (B) the person is under 18 years of age and has the person's parent or legal guardian
2467 provide an affidavit or sworn statement to the court certifying that to the parent or legal
2468 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
2469 one-year consecutive period during the suspension period imposed under Subsection (4)(a).
2470 (5) When a person who is [
2471 found by a court to have violated this section, the provisions regarding suspension of the
2472 driver's license under Section 78A-6-606 apply to the violation.
2473 (6) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under Section
2474 78A-6-117, the court may only order substance use disorder treatment or an educational series
2475 if the minor has an assessed need for the intervention based on the results of a validated
2476 assessment.
2477 [
2478 violation of this section, the person's driver license shall be suspended under Section 53-3-219.
2479 [
2480 Section 42. Section 76-10-105 is amended to read:
2481 76-10-105. Buying or possessing a cigar, cigarette, electronic cigarette, or tobacco
2482 by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
2483 (1) Any 18 year old person who buys or attempts to buy, accepts, or has in the person's
2484 possession any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of a class C
2485 misdemeanor and subject to:
2486 (a) a minimum fine or penalty of $60; and
2487 (b) participation in a court-approved tobacco education program, which may include a
2488 participation fee.
2489 (2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
2490 person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is subject
2491 to the jurisdiction of the juvenile court and subject to Section 78A-6-602, unless the violation
2492 is committed on school property. If a violation under this section is adjudicated under Section
2493 78A-6-117, the minor may be subject to the following:
2494 (a) a [
2495 (b) participation in a court-approved tobacco education program, which may include a
2496 participation fee.
2497 (3) A compliance officer appointed by a board of education under Section 53A-3-402
2498 may not issue [
2499 school property. [
2500 violation committed on school property shall be addressed in accordance with Section
2501 53A-11-911.
2502 Section 43. Section 78A-6-103 is amended to read:
2503 78A-6-103. Jurisdiction of juvenile court -- Original -- Exclusive.
2504 (1) Except as otherwise provided by law, the juvenile court has exclusive original
2505 jurisdiction in proceedings concerning:
2506 (a) a child who has violated any federal, state, or local law or municipal ordinance or a
2507 person younger than 21 years of age who has violated any law or ordinance before becoming
2508 18 years of age, regardless of where the violation occurred, excluding offenses:
2509 (i) in Section 53A-11-911 until such time that the child is referred to the courts under
2510 Section 53A-11-911; and
2511 (ii) in Subsection 78A-7-106(2);
2512 [
2513
2514
2515
2516 [
2517 terms are defined in Section 78A-6-105;
2518 [
2519 7, Part 2, Child Protective Orders, which the juvenile court may transfer to the district court if
2520 the juvenile court has entered an ex parte protective order and finds that:
2521 (i) the petitioner and the respondent are the natural parent, adoptive parent, or step
2522 parent of the child who is the object of the petition;
2523 (ii) the district court has a petition pending or an order related to custody or parent-time
2524 entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act,
2525 or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the petitioner and the
2526 respondent are parties; and
2527 (iii) the best interests of the child will be better served in the district court;
2528 [
2529 comes within the court's jurisdiction under other provisions of this section;
2530 [
2531 [
2532 Termination of Parental Rights Act, including termination of residual parental rights and
2533 duties;
2534 [
2535 [
2536 [
2537 determination of voluntariness or where otherwise required by law, employment, or enlistment
2538 of a child when consent is required by law;
2539 [
2540 facility, to order, at the discretion of the court and on the recommendation of a secure facility,
2541 the parent or parents of a child committed to a secure facility for a custodial term, to undergo
2542 group rehabilitation therapy under the direction of a secure facility therapist, who has
2543 supervision of that parent's or parents' child, or any other therapist the court may direct, for a
2544 period directed by the court as recommended by a secure facility;
2545 [
2546 [
2547 mental illness[
2548
2549
2550
2551 [
2552 with Section 62A-15-301;
2553 [
2554 [
2555 proceeding as provided in Section 63G-4-402; and
2556 [
2557 78B, Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an
2558 order terminating the rights of a parent and finds that adoption is in the best interest of the
2559 child.
2560 (2) (a) Notwithstanding Section 78A-7-106 and Subsection 78A-5-102(9), the juvenile
2561 court has exclusive jurisdiction over the following offenses committed by a child:
2562 [
2563 Driving;
2564 [
2565 [
2566 part of a single criminal episode filed in a petition that contains an offense over which the court
2567 has jurisdiction.
2568 (b) A juvenile court may only order substance use disorder treatment or an educational
2569 series if the minor has an assessed need for the intervention on the basis of the results of a
2570 validated assessment.
2571 (3) The juvenile court has jurisdiction over an ungovernable or runaway child who is
2572 referred to it by the Division of Child and Family Services or by public or private agencies that
2573 contract with the division to provide services to that child [
2574 persistent efforts by the division or agency, the child has demonstrated that the child:
2575 (a) is beyond the control of the child's parent, guardian, or lawful custodian[
2576
2577 welfare or the welfare of others; or
2578 (b) has run away from home.
2579 (4) This section does not restrict the right of access to the juvenile court by private
2580 agencies or other persons.
2581 (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
2582 arising under Section 78A-6-702.
2583 (6) The juvenile court has jurisdiction to make a finding of substantiated,
2584 unsubstantiated, or without merit, in accordance with Section 78A-6-323.
2585 (7) The juvenile court has jurisdiction of matters transferred to it by another trial court
2586 pursuant to Subsection 78A-7-106[
2587 (8) The court may commit a child to the physical custody of a local mental health
2588 authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age
2589 18 to Division of Substance Abuse and Mental Health, but not directly to the Utah State
2590 Hospital.
2591 Section 44. Section 78A-6-105 is amended to read:
2592 78A-6-105. Definitions.
2593 As used in this chapter:
2594 (1) (a) "Abuse" means:
2595 (i) (A) nonaccidental harm of a child;
2596 [
2597 [
2598 [
2599 [
2600 [
2601 [
2602 the child;
2603 [
2604 investigation for intentionally, knowingly, or recklessly causing the death of another parent of
2605 the child; or
2606 [
2607 recklessly causing the death of another parent of the child.
2608 [
2609 (i) reasonable discipline or management of a child, including withholding privileges;
2610 (ii) conduct described in Section 76-2-401; or
2611 (iii) the use of reasonable and necessary physical restraint or force on a child:
2612 (A) in self-defense;
2613 (B) in defense of others;
2614 (C) to protect the child; or
2615 (D) to remove a weapon in the possession of a child for any of the reasons described in
2616 Subsections (1)(b)(iii)(A) through (C).
2617 (2) "Abused child" means a child who has been subjected to abuse.
2618 (3) "Adjudication" means a finding by the court, incorporated in a decree, that the facts
2619 alleged in the petition have been proved. A finding of not competent to proceed pursuant to
2620 Section 78A-6-1302 is not an adjudication.
2621 (4) "Adult" means a person 18 years of age or over, except that a person 18 years or
2622 over under the continuing jurisdiction of the juvenile court pursuant to Section 78A-6-120 shall
2623 be referred to as a minor.
2624 (5) "Board" means the Board of Juvenile Court Judges.
2625 (6) "Child" means a person under 18 years of age.
2626 (7) "Child placement agency" means:
2627 (a) a private agency licensed to receive a child for placement or adoption under this
2628 code; or
2629 (b) a private agency that receives a child for placement or adoption in another state,
2630 which agency is licensed or approved where such license or approval is required by law.
2631 (8) "Clandestine laboratory operation" means the same as that term is defined in
2632 Section 58-37d-3.
2633 (9) "Commit" means, unless specified otherwise:
2634 (a) with respect to a child, to transfer legal custody; and
2635 (b) with respect to a minor who is at least 18 years of age, to transfer custody.
2636 (10) "Court" means the juvenile court.
2637 (11) "Criminogenic risk factors" means evidence-based factors that are associated with
2638 a minor's likelihood of reoffending.
2639 (12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
2640 committed by an adult.
2641 [
2642 through no fault of the child's parent, guardian, or custodian.
2643 [
2644 a parent or the parents or a previous legal custodian to another person, agency, or institution.
2645 [
2646 Section 62A-7-101 for the temporary care of a minor who requires secure custody in a
2647 physically restricting facility:
2648 (a) pending court disposition or transfer to another jurisdiction; or
2649 (b) while under the continuing jurisdiction of the court.
2650 (16) "Detention risk assessment tool" means an evidence-based tool established under
2651 Section 78A-6-124, as of July 1, 2018, that assesses a minor's risk of failing to appear in court
2652 or reoffending pre-adjudication and designed to assist in making detention determinations.
2653 [
2654 (18) "Evidence-based" means a program or practice that has had multiple randomized
2655 control studies or a meta-analysis demonstrating that the program or practice is effective for a
2656 specific population or has been rated as effective by a standardized program evaluation tool.
2657 (19) "Formal probation" means a minor is under field supervision by the probation
2658 department or other agency designated by the court and subject to return to the court in
2659 accordance with Section 78A-6-123 as of July 1, 2018.
2660 [
2661 person informing the court that a minor is or appears to be within the court's jurisdiction and
2662 that a [
2663 [
2664 of one or more persons in the group, depending upon the recommendation of the therapist.
2665 [
2666 (a) marriage;
2667 (b) enlistment in the armed forces;
2668 (c) major medical, surgical, or psychiatric treatment; or
2669 (d) legal custody, if legal custody is not vested in another person, agency, or institution.
2670 [
2671 53A-11-101.
2672 [
2673 (a) physical or developmental injury or damage;
2674 (b) emotional damage that results in a serious impairment in the child's growth,
2675 development, behavior, or psychological functioning;
2676 (c) sexual abuse; or
2677 (d) sexual exploitation.
2678 [
2679 perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
2680 nephew, niece, or first cousin.
2681 (b) The relationships described in Subsection [
2682 (i) blood relationships of the whole or half blood, without regard to legitimacy;
2683 (ii) relationships of parent and child by adoption; and
2684 (iii) relationships of stepparent and stepchild while the marriage creating the
2685 relationship of a stepparent and stepchild exists.
2686 (26) "Intake probation" means a period of court monitoring that does not include field
2687 supervision, but is overseen by a juvenile probation officer, during which a minor is subject to
2688 return to the court in accordance with Section 78A-6-123 as of July 1, 2018.
2689 [
2690 (a) significantly subaverage intellectual functioning, an IQ of approximately 70 or
2691 below on an individually administered IQ test, for infants, a clinical judgment of significantly
2692 subaverage intellectual functioning;
2693 (b) concurrent deficits or impairments in present adaptive functioning, the person's
2694 effectiveness in meeting the standards expected for [
2695 cultural group, in at least two of the following areas: communication, self-care, home living,
2696 social/interpersonal skills, use of community resources, self-direction, functional academic
2697 skills, work, leisure, health, and safety; and
2698 (c) the onset is before the person reaches the age of 18 years.
2699 [
2700 duties:
2701 (a) the right to physical custody of the minor;
2702 (b) the right and duty to protect, train, and discipline the minor;
2703 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
2704 medical care;
2705 (d) the right to determine where and with whom the minor shall live; and
2706 (e) the right, in an emergency, to authorize surgery or other extraordinary care.
2707 (29) "Material loss" means an uninsured:
2708 (a) property loss;
2709 (b) out-of-pocket monetary loss;
2710 (c) lost wages; or
2711 (d) medical expenses.
2712 [
2713 severely limits a minor's development and welfare over a significant period of time.
2714 [
2715 (a) a child; or
2716 (b) a person who is:
2717 (i) at least 18 years of age and younger than 21 years of age; and
2718 (ii) under the jurisdiction of the juvenile court.
2719 (32) "Mobile crisis outreach team" means a crisis intervention service for minors or
2720 families of minors experiencing behavioral health or psychiatric emergencies.
2721 [
2722 sexual desire of any person:
2723 (a) touches the anus or any part of the genitals of a child;
2724 (b) takes indecent liberties with a child; or
2725 (c) causes a child to take indecent liberties with the perpetrator or another.
2726 [
2727 includes the minor's noncustodial parent.
2728 [
2729 (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
2730 Relinquishment of a Newborn Child;
2731 (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
2732 guardian, or custodian;
2733 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
2734 subsistence, education, or medical care, or any other care necessary for the child's health,
2735 safety, morals, or well-being; or
2736 (iv) a child to be at risk of being neglected or abused because another child in the same
2737 home is neglected or abused.
2738 (b) The aspect of neglect relating to education, described in Subsection [
2739 (35)(a)(iii), means that, after receiving a notice of compulsory education violation under
2740 Section 53A-11-101.5, [
2741
2742 parent or guardian fails to make a good faith effort to ensure that the child receives an
2743 appropriate education.
2744 (c) A parent or guardian legitimately practicing religious beliefs and who, for that
2745 reason, does not provide specified medical treatment for a child, is not guilty of neglect.
2746 (d) (i) Notwithstanding Subsection [
2747 child by the child's parent or guardian does not constitute neglect unless the state or other party
2748 to the proceeding shows, by clear and convincing evidence, that the health care decision is not
2749 reasonable and informed.
2750 (ii) Nothing in Subsection [
2751 exercising the right to obtain a second health care opinion and from pursuing care and
2752 treatment pursuant to the second health care opinion, as described in Section 78A-6-301.5.
2753 [
2754 [
2755 probation officer without judicial determination upon the consent in writing of:
2756 (a) the assigned probation officer; and
2757 (b) (i) the minor; or
2758 (ii) the minor and the minor's parent, legal guardian, or custodian.
2759 [
2760 intellectual disability, or related condition as defined, lacks the ability to:
2761 (a) understand the nature of the proceedings against them or of the potential disposition
2762 for the offense charged; or
2763 (b) consult with counsel and participate in the proceedings against them with a
2764 reasonable degree of rational understanding.
2765 [
2766 child.
2767 [
2768 adjudication on the ground of a violation of law or under Section 78A-6-103, whereby the
2769 minor is permitted to remain in the minor's home under prescribed conditions [
2770
2771
2772 [
2773 following an adjudication on the ground of abuse, neglect, or dependency, whereby the minor
2774 is permitted to remain in the minor's home, and supervision and assistance to correct the abuse,
2775 neglect, or dependency is provided by the probation department or other agency designated by
2776 the court.
2777 [
2778 disability in accordance with 42 C.F.R. Part 435.1010 and further defined in Rule R539-1-3,
2779 Utah Administrative Code.
2780 [
2781 remaining with the parent after legal custody or guardianship, or both, have been vested in
2782 another person or agency, including:
2783 (i) the responsibility for support;
2784 (ii) the right to consent to adoption;
2785 (iii) the right to determine the child's religious affiliation; and
2786 (iv) the right to reasonable parent-time unless restricted by the court.
2787 (b) If no guardian has been appointed, "residual parental rights and duties" also include
2788 the right to consent to:
2789 (i) marriage;
2790 (ii) enlistment; and
2791 (iii) major medical, surgical, or psychiatric treatment.
2792 [
2793 Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
2794 youth offenders committed to the division for custody and rehabilitation pursuant to Subsection
2795 78A-6-117(2)(d).
2796 [
2797 to a child.
2798 [
2799 harm to a child.
2800 [
2801 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
2802 adult directed towards a child;
2803 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2804 committed by a child towards another child if:
2805 (i) there is an indication of force or coercion;
2806 (ii) the children are related, as defined in Subsections [
2807 (iii) there have been repeated incidents of sexual contact between the two children,
2808 unless the children are 14 years of age or older; or
2809 (iv) there is a disparity in chronological age of four or more years between the two
2810 children; or
2811 (c) engaging in any conduct with a child that would constitute an offense under any of
2812 the following, regardless of whether the person who engages in the conduct is actually charged
2813 with, or convicted of, the offense:
2814 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
2815 alleged perpetrator of an offense described in Section 76-5-401 is a minor;
2816 (ii) child bigamy, Section 76-7-101.5;
2817 (iii) incest, Section 76-7-102;
2818 (iv) lewdness, Section 76-9-702;
2819 (v) sexual battery, Section 76-9-702.1;
2820 (vi) lewdness involving a child, Section 76-9-702.5; or
2821 (vii) voyeurism, Section 76-9-702.7.
2822 [
2823 (a) employing, using, persuading, inducing, enticing, or coercing any child to:
2824 (i) pose in the nude for the purpose of sexual arousal of any person; or
2825 (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
2826 filming, recording, or displaying in any way the sexual or simulated sexual conduct;
2827 (b) displaying, distributing, possessing for the purpose of distribution, or selling
2828 material depicting a child:
2829 (i) in the nude, for the purpose of sexual arousal of any person; or
2830 (ii) engaging in sexual or simulated sexual conduct; or
2831 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2832 sexual exploitation of a minor, regardless of whether the person who engages in the conduct is
2833 actually charged with, or convicted of, the offense.
2834 [
2835 facility pending court disposition or transfer to another jurisdiction.
2836 [
2837
2838
2839 (50) "Status offense" means a violation of the law that would not be a violation but for
2840 the age of the offender.
2841 [
2842 drugs or substances.
2843 [
2844 62A-4a-101.
2845 [
2846 [
2847 parental rights and duties, including residual parental rights and duties, by court order.
2848 [
2849 (a) a person employed by a state division or agency for the purpose of conducting
2850 psychological treatment and counseling of a minor in its custody; or
2851 (b) any other person licensed or approved by the state for the purpose of conducting
2852 psychological treatment and counseling.
2853 [
2854 62A-4a-101.
2855 (57) "Validated risk and needs assessment" means an evidence-based tool that assesses
2856 a minor's risk of reoffending and a minor's criminogenic needs.
2857 [
2858 62A-4a-101.
2859 Section 45. Section 78A-6-106.5 is enacted to read:
2860 78A-6-106.5. Warrants related to minors.
2861 (1) Except as otherwise provided in this section, a court may not issue a warrant of
2862 arrest for a minor for:
2863 (a) a status offense; or
2864 (b) an infraction.
2865 (2) A court may issue a warrant that directs the minor to be returned home, to the court,
2866 or to a shelter or other nonsecure facility for a minor not eligible for a warrant under
2867 Subsection (1). A warrant under this Subsection (2) may not direct placement in a secure
2868 facility, including secure detention.
2869 (3) Subsection (1) does not apply to a minor who is under Title 55, Chapter 12,
2870 Interstate Compact for Juveniles.
2871 Section 46. Section 78A-6-109 is amended to read:
2872 78A-6-109. Summons -- Service and process -- Issuance and contents -- Notice to
2873 absent parent or guardian -- Emergency medical or surgical treatment -- Compulsory
2874 process for attendance of witnesses when authorized.
2875 (1) After a petition is filed the court shall promptly issue a summons, unless the judge
2876 directs that a further investigation is needed. No summons is required as to any person who
2877 appears voluntarily or who files a written waiver of service with the clerk of the court at or
2878 [
2879 (2) The summons shall contain:
2880 (a) the name of the court;
2881 (b) the title of the proceedings; and
2882 (c) except for a published summons, a brief statement of the substance of the
2883 allegations in the petition.
2884 (3) A published summons shall state:
2885 (a) that a proceeding concerning the minor is pending in the court; and
2886 (b) an adjudication will be made.
2887 (4) The summons shall require the person or persons who have physical custody of the
2888 minor to appear personally and bring the minor before the court at a time and place stated. If
2889 the person or persons summoned are not the parent, parents, or guardian of the minor, the
2890 summons shall also be issued to the parent, parents, or guardian, as the case may be, notifying
2891 them of the pendency of the case and of the time and place set for the hearing.
2892 (5) Summons may be issued requiring the appearance of any other person whose
2893 presence the court finds necessary.
2894 (6) If it appears to the court that the welfare of the minor or of the public requires that
2895 the minor be taken into custody, and it does not conflict with Section 78A-6-106.5, the court
2896 may by endorsement upon the summons direct that the person serving the summons take the
2897 minor into custody at once.
2898 (7) Subject to Subsection 78A-6-117(2)(n)(iii), upon the sworn testimony of one or
2899 more reputable physicians, the court may order emergency medical or surgical treatment that is
2900 immediately necessary for a minor concerning whom a petition has been filed pending the
2901 service of summons upon the minor's parents, guardian, or custodian.
2902 (8) A parent or guardian is entitled to the issuance of compulsory process for the
2903 attendance of witnesses on the parent's or guardian's own behalf or on behalf of the minor. A
2904 guardian ad litem or a probation officer is entitled to compulsory process for the attendance of
2905 witnesses on behalf of the minor.
2906 (9) Service of summons and process and proof of service shall be made in the manner
2907 provided in the Utah Rules of Civil Procedure.
2908 (10) (a) Service of summons or process shall be made by the sheriff of the county
2909 where the service is to be made, or by [
2910 (b) Notwithstanding Subsection (10)(a), upon request of the court, service shall be
2911 made by any other peace officer, or by another suitable person selected by the court.
2912 (11) Service of summons in the state shall be made personally, by delivering a copy to
2913 the person summoned; provided, however, that parents of a minor living together at their usual
2914 place of abode may both be served by personal delivery to either parent of copies of the
2915 summons, one copy for each parent.
2916 (12) If the judge makes a written finding that [
2917 personal service of the summons will be unsuccessful, or will not accomplish notification
2918 within a reasonable time after issuance of the summons, [
2919 registered mail, with a return receipt to be signed by the addressee only, to be addressed to the
2920 last-known address of the person to be served in the state. Service shall be complete upon
2921 return to the court of the signed receipt.
2922 (13) If the parents, parent, or guardian required to be summoned under Subsection (4)
2923 cannot be found within the state, the fact of their minor's presence within the state shall confer
2924 jurisdiction on the court in proceedings in a minor's case under this chapter as to any absent
2925 parent or guardian, provided that due notice has been given in the following manner:
2926 (a) If the address of the parent or guardian is known, due notice is given by sending
2927 [
2928 be signed by the addressee only, or by personal service outside the state, as provided in the
2929 Utah Rules of Civil Procedure. Service by registered mail shall be complete upon return to the
2930 court of the signed receipt.
2931 (b) (i) If the address or whereabouts of the parent or guardian outside the state cannot
2932 after diligent inquiry be ascertained, due notice is given by publishing a summons:
2933 (A) in a newspaper having general circulation in the county in which the proceeding is
2934 pending once a week for four successive weeks; and
2935 (B) in accordance with Section 45-1-101 for four weeks.
2936 (ii) Service shall be complete on the day of the last publication.
2937 (c) Service of summons as provided in this subsection shall vest the court with
2938 jurisdiction over the parent or guardian served in the same manner and to the same extent as if
2939 the person served was served personally within the state.
2940 (14) In the case of service in the state, service completed not less than 48 hours before
2941 the time set in the summons for the appearance of the person served, shall be sufficient to
2942 confer jurisdiction. In the case of service outside the state, service completed not less than five
2943 days before the time set in the summons for appearance of the person served, shall be sufficient
2944 to confer jurisdiction.
2945 (15) Computation of periods of time under this chapter shall be made in accordance
2946 with the Utah Rules of Civil Procedure.
2947 Section 47. Section 78A-6-111 is amended to read:
2948 78A-6-111. Appearances -- Parents, guardian, or legal custodian to appear with
2949 minor or child -- Failure to appear -- Contempt -- Warrant of arrest, when authorized --
2950 Parent's employer to grant time off -- Appointment of guardian ad litem.
2951 (1) Any person required to appear who, without reasonable cause, fails to appear may
2952 be proceeded against for contempt of court, and the court may cause a bench warrant to [
2953 be issued to produce the person in court.
2954 (2) In [
2955 guardian, or other person with legal custody of the minor shall appear with the minor unless
2956 excused by the judge.
2957 (a) An employee may request permission to leave the workplace for the purpose of
2958 attending court if the employee has been notified by the juvenile court that [
2959 minor is required to appear before the court.
2960 (b) An employer must grant permission to leave the workplace with or without pay if
2961 the employee has requested permission at least seven days in advance or within 24 hours of the
2962 employee receiving notice of the hearing.
2963 (3) If a parent or other person who signed a written promise to appear and bring the
2964 child to court under Section 78A-6-112 or 78A-6-113 fails to appear and bring the child to
2965 court on the date set in the promise, or, if the date was to be set, after notification by the court,
2966 a warrant may be issued for the apprehension of that person [
2967 (4) Willful failure to perform the promise is a misdemeanor if, at the time of the
2968 execution of the promise, the promisor is given a copy of the promise which clearly states that
2969 failure to appear and have the child appear as promised is a misdemeanor. The juvenile court
2970 shall have jurisdiction to proceed against the promisor in adult proceedings pursuant to Part 10,
2971 Adult Offenses.
2972 (5) The court shall endeavor, through use of the warrant of arrest if necessary, as
2973 provided in Subsection (6), or by other means, to ensure the presence at all hearings of one or
2974 both parents or of the guardian of a child. If neither a parent nor guardian is present at the
2975 court proceedings, the court may appoint a guardian ad litem to protect the interest of a minor.
2976 A guardian ad litem may also be appointed whenever necessary for the welfare of a minor,
2977 whether or not a parent or guardian is present.
2978 (6) A warrant may be issued for a parent, a guardian, a custodian, or a minor if:
2979 (a) a summons is issued but cannot be served;
2980 (b) it is made to appear to the court that the person to be served will not obey the
2981 summons; or
2982 (c) serving the summons will be ineffectual[
2983 [
2984
2985 Section 48. Section 78A-6-112 is amended to read:
2986 78A-6-112. Minor taken into custody by peace officer, private citizen, or
2987 probation officer -- Grounds -- Notice requirements -- Release or detention -- Grounds
2988 for peace officer to take adult into custody.
2989 (1) A minor may be taken into custody by a peace officer without order of the court if:
2990 (a) in the presence of the officer the minor has violated a state law, federal law, local
2991 law, or municipal ordinance;
2992 (b) there are reasonable grounds to believe the minor has committed an act which if
2993 committed by an adult would be a felony;
2994 (c) the minor:
2995 (i) (A) is seriously endangered in the minor's surroundings; or
2996 (B) seriously endangers others; and
2997 (ii) immediate removal appears to be necessary for the minor's protection or the
2998 protection of others;
2999 (d) there are reasonable grounds to believe the minor has run away or escaped from the
3000 minor's parents, guardian, or custodian; or
3001 (e) there is reason to believe that the minor is:
3002 (i) subject to the state's compulsory education law; and
3003 (ii) absent from school without legitimate or valid excuse, subject to Section
3004 53A-11-105.
3005 (2) (a) A private citizen or a probation officer may take a minor into custody if under
3006 the circumstances [
3007 the minor was an adult.
3008 (b) A probation officer may also take a minor into custody under Subsection (1) or if
3009 the minor has violated the conditions of probation, if the minor is under the continuing
3010 jurisdiction of the juvenile court or in emergency situations in which a peace officer is not
3011 immediately available.
3012 (3) (a) (i) If an officer or other person takes a minor into temporary custody[
3013 Subsection (1) or (2), the officer or person shall without unnecessary delay notify the parents,
3014 guardian, or custodian.
3015 (ii) The minor shall then be released to the care of the minor's parent or other
3016 responsible adult, unless the minor's immediate welfare or the protection of the community
3017 requires the minor's detention.
3018 (b) If the minor is taken into custody under Subsection (1) or (2) or placed in detention
3019 under Subsection (4) for a violent felony, as defined in Section 76-3-203.5, or an offense in
3020 violation of Title 76, Chapter 10, Part 5, Weapons, the officer or other law enforcement agent
3021 taking the minor into custody shall, as soon as practicable or as established under Subsection
3022 53A-11-1001(2), notify the school superintendent of the district in which the minor resides or
3023 attends school for the purposes of the minor's supervision and student safety.
3024 (i) The notice shall disclose only:
3025 (A) the name of the minor;
3026 (B) the offense for which the minor was taken into custody or detention; and
3027 (C) if available, the name of the victim, if the victim:
3028 (I) resides in the same school district as the minor; or
3029 (II) attends the same school as the minor.
3030 (ii) The notice shall be classified as a protected record under Section 63G-2-305.
3031 (iii) All other records disclosures are governed by Title 63G, Chapter 2, Government
3032 Records Access and Management Act, and the federal Family Educational Rights and Privacy
3033 Act.
3034 (c) Employees of a governmental agency are immune from any criminal liability for
3035 providing or failing to provide the information required by this section unless the person acts or
3036 fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
3037 (d) Before the minor is released, the parent or other person to whom the minor is
3038 released shall be required to sign a written promise on forms supplied by the court to bring the
3039 minor to the court at a time set or to be set by the court.
3040 (4) (a) A child may not be held in temporary custody by law enforcement any longer
3041 than is reasonably necessary to obtain the child's name, age, residence, and other necessary
3042 information and to contact the child's parents, guardian, or custodian.
3043 (b) If the minor is not released under Subsection (3), the minor shall be taken to a place
3044 of detention or shelter without unnecessary delay.
3045 (5) (a) The person who takes a minor to a detention or shelter facility shall promptly
3046 file with the detention or shelter facility a written report on a form provided by the division
3047 stating:
3048 (i) the details of the presently alleged offense[
3049 (ii) the facts [
3050
3051 (iii) the reason the minor was not released by law enforcement[
3052 (iv) the eligibility of the minor under the division guidelines for detention admissions
3053 established by the Division of Juvenile Justice Services under Section 62A-7-202 if the minor
3054 is under consideration for detention.
3055 (b) (i) The designated [
3056 the form and determine, based on the guidelines for detention admissions established by the
3057 Division of Juvenile Justice Services under Section 62A-7-202, the results of the detention risk
3058 assessment, and the criteria for detention eligibility under Section 78A-6-113, whether to:
3059 (A) admit the minor to secure detention[
3060 (B) admit the minor to home detention[
3061 (C) place the minor in [
3062 detention; or
3063 (D) return the minor home upon written promise to bring the minor to the court at a
3064 time set, or without restriction.
3065 (ii) If the designated [
3066 minor to home detention, that staff person shall notify the juvenile court of that determination.
3067 The court shall order that notice be provided to the designated persons in the local law
3068 enforcement agency and the school or transferee school, if applicable, which the minor attends
3069 of the home detention. The designated persons may receive the information for purposes of the
3070 minor's supervision and student safety.
3071 (iii) Any employee of the local law enforcement agency and the school which the
3072 minor attends who discloses the notification of home detention is not:
3073 (A) civilly liable except when disclosure constitutes fraud or willful misconduct as
3074 provided in Section 63G-7-202; and
3075 (B) civilly or criminally liable except when disclosure constitutes a knowing violation
3076 of Section 63G-2-801.
3077 (iv) The person who takes a minor to a detention facility or the designated facility staff
3078 person may release a minor to a less restrictive alternative even if the minor is eligible for
3079 secure detention under this Subsection (5).
3080 (c) A minor may not be admitted to detention unless the minor is detainable based on
3081 the guidelines or the minor has been brought to detention pursuant to a judicial order or
3082 division warrant pursuant to Section 62A-7-504.
3083 (d) If a minor taken to detention does not qualify for admission under the guidelines
3084 established by the division under Section 62A-7-104 or the eligibility criteria under Subsection
3085 (4) and this Subsection (5), detention staff shall arrange an appropriate [
3086 (e) If a minor is taken into custody and admitted to a secure detention or shelter
3087 facility, facility staff shall:
3088 (i) immediately notify the minor's parents, guardian, or custodian; and
3089 (ii) promptly notify the court of the placement.
3090 (f) If the minor is admitted to a secure detention or shelter facility outside the county of
3091 the minor's residence and it is determined in the hearing held under Subsection 78A-6-113(3)
3092 that detention shall continue, the judge or commissioner shall direct the sheriff of the county of
3093 the minor's residence to transport the minor to a detention or shelter facility as provided in this
3094 section.
3095 (6) A person may be taken into custody by a peace officer without a court order if the
3096 person is in apparent violation of a protective order or if there is reason to believe that a child is
3097 being abused by the person and any of the situations outlined in Section 77-7-2 exist.
3098 Section 49. Section 78A-6-113 is amended to read:
3099 78A-6-113. Placement of minor in detention or shelter facility -- Grounds --
3100 Detention hearings -- Period of detention -- Notice -- Confinement for criminal
3101 proceedings -- Bail laws inapplicable -- Exception.
3102 (1) (a) A minor may not be placed or kept in a secure detention facility pending court
3103 proceedings [
3104
3105
3106 [
3107
3108
3109 [
3110 proceedings unless it is unsafe to leave the child with the child's parents, guardian, or
3111 custodian.
3112 (2) After admission of a child to a detention facility pursuant to [
3113
3114 investigation by an authorized officer of the court, the judge or the officer shall order the
3115 release of the child to the child's parents, guardian, or custodian if it is found the child can be
3116 safely returned to their care, either upon written promise to bring the child to the court at a time
3117 set or without restriction.
3118 (a) If a child's parent, guardian, or custodian fails to retrieve the child from a facility
3119 within 24 hours after notification of release, the parent, guardian, or custodian is responsible
3120 for the cost of care for the time the child remains in the facility.
3121 (b) The facility shall determine the cost of care.
3122 (c) Any money collected under this Subsection (2) shall be retained by the Division of
3123 Juvenile Justice Services to recover the cost of care for the time the child remains in the
3124 facility.
3125 (3) (a) When a child is detained in a detention or shelter facility, the parents or
3126 guardian shall be informed by the person in charge of the facility that [
3127 or guardian's child has the right to a prompt hearing in court to determine whether the child is
3128 to be further detained or released.
3129 (b) When a minor is detained in a detention facility, the minor shall be informed by the
3130 person in charge of the facility that the minor has the right to a prompt hearing in court to
3131 determine whether the minor is to be further detained or released.
3132 (c) Detention hearings shall be held by the judge or by a commissioner.
3133 (d) The court may, at any time, order the release of the minor, whether a detention
3134 hearing is held or not.
3135 (e) If a child is released, and the child remains in the facility, because the parents,
3136 guardian, or custodian fails to retrieve the child, the parents, guardian, or custodian shall be
3137 responsible for the cost of care as provided in Subsections (2)(a), (b), and (c).
3138 (4) (a) A minor may not be held in a detention facility longer than 48 hours [
3139 before a detention hearing, excluding weekends and holidays, unless the court has entered an
3140 order for continued detention.
3141 (b) A child may not be held in a shelter facility longer than 48 hours [
3142 shelter hearing, excluding weekends and holidays, unless a court order for extended shelter has
3143 been entered by the court after notice to all parties described in Section 78A-6-306.
3144 (c) A hearing for detention or shelter may not be waived. Detention staff shall provide
3145 the court with all information received from the person who brought the minor to the detention
3146 facility.
3147 (d) [
3148 The judge or commissioner may only order [
3149 in another appropriate facility, subject to further order of the court, if the court finds Ĥ→ [
3150 a record
3151 (i) releasing the minor to the minor's parent, guardian, or custodian presents an
3152 unreasonable risk to public safety;
3153 (ii) less restrictive nonresidential alternatives to detention have been considered and,
3154 where appropriate, attempted; and
3155 (iii) the minor is eligible for detention under the division guidelines for detention
3156 admissions established by the Division of Juvenile Justice Services, under Section 62A-7-202
3157 and under Section 78A-6-112.
3158 (e) (i) After a detention hearing has been held, only the court may release a minor from
3159 detention. If a minor remains in a detention facility, periodic reviews shall be held pursuant to
3160 the Utah State Juvenile Court Rules of Practice and Procedure to ensure that continued
3161 detention is necessary.
3162 (ii) After a detention hearing for a violent felony, as defined in Section 76-3-203.5, or
3163 an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that
3164 notice of its decision, including any disposition, order, or no contact orders, be provided to
3165 designated persons in the appropriate local law enforcement agency and district superintendent
3166 or the school or transferee school, if applicable, that the minor attends. The designated persons
3167 may receive the information for purposes of the minor's supervision and student safety.
3168 (iii) Any employee of the local law enforcement agency, school district, and the school
3169 that the minor attends who discloses the court's order of probation is not:
3170 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
3171 provided in Section 63G-7-202; and
3172 (B) civilly or criminally liable except when disclosure constitutes a knowing violation
3173 of Section 63G-2-801.
3174 (5) A minor may not be held in a detention facility, following a dispositional order of
3175 the court for nonsecure substitute care as defined in Section 62A-4a-101, or for
3176 community-based placement under Section 62A-7-101.
3177 (6) (a) Except as otherwise provided in this section, a minor may not be held in a
3178 detention facility following a disposition order of the court for longer than 72 hours, excluding
3179 weekends and holidays.
3180 (b) The period of detention may be extended by the court for [
3181 total of seven calendar days if:
3182 [
3183 placement files a written petition with the court requesting the extension and setting forth good
3184 cause; and
3185 [
3186 minor and the community to extend the period of detention.
3187 (c) The court may extend the period of detention beyond the seven calendar days if the
3188 court finds by clear and convincing evidence that:
3189 (i) the Division of Juvenile Justice Services or another agency responsible for
3190 placement does not have space for the minor; and
3191 (ii) the safety of the minor and community requires an extension of the period of
3192 detention.
3193 (d) The Division of Juvenile Justice Services shall report to the court every 48 hours,
3194 excluding weekends and holidays, regarding the status of whether the Division of Juvenile
3195 Justice Services or another agency responsible for placement has space for the minor.
3196 [
3197 that a written petition has been filed.
3198 [
3199 disposition and any ruling on a petition for an extension, whether granted or denied.
3200 [
3201 place for adult detention except as provided by Section 62A-7-201 or unless certified as an
3202 adult pursuant to Section 78A-6-703. [
3203 confinement facilities [
3204 (b) A child 16 years of age or older whose conduct or condition endangers the safety or
3205 welfare of others in the detention facility for children may, by court order that specifies the
3206 reasons, be detained in another place of confinement considered appropriate by the court,
3207 including a jail or other place of confinement for adults. However, a secure [
3208 facility is not an appropriate place of confinement for detention purposes under this section.
3209 [
3210 detention of adult offenders or persons charged with crime shall immediately notify the
3211 juvenile court when a person who is or appears to be under 18 years of age is received at the
3212 facility and shall make arrangements for the transfer of the person to a detention facility, unless
3213 otherwise ordered by the juvenile court.
3214 [
3215 under charges pursuant to Section 78A-6-701 or by order of the juvenile court to be held for
3216 criminal proceedings in the district court under Section 78A-6-702 or 78A-6-703.
3217 [
3218 78A-6-702, or 78A-6-703 may be detained in a jail or other place of detention used for adults
3219 charged with crime.
3220 [
3221 taken into custody under this chapter, except that bail may be allowed:
3222 (a) if a minor who need not be detained lives outside this state; or
3223 (b) when a minor who need not be detained comes within one of the classes in
3224 Subsection 78A-6-603(11).
3225 [
3226 commits an act against a jail or other place of confinement, including a Division of Juvenile
3227 Justice Services detention, shelter, or secure confinement facility which would be a third
3228 degree felony if committed by an adult.
3229 Section 50. Section 78A-6-115 is amended to read:
3230 78A-6-115. Hearings -- Record -- County attorney or district attorney
3231 responsibilities -- Attorney general responsibilities -- Disclosure -- Admissibility of
3232 evidence.
3233 (1) (a) A verbatim record of the proceedings shall be taken in all cases that might result
3234 in deprivation of custody as defined in this chapter. In all other cases a verbatim record shall
3235 also be made unless dispensed with by the court.
3236 (b) (i) Notwithstanding any other provision, including Title 63G, Chapter 2,
3237 Government Records Access and Management Act, a record of a proceeding made under
3238 Subsection (1)(a) shall be released by the court to any person upon a finding on the record for
3239 good cause.
3240 (ii) Following a petition for a record of a proceeding made under Subsection (1)(a), the
3241 court shall:
3242 (A) provide notice to all subjects of the record that a request for release of the record
3243 has been made; and
3244 (B) allow sufficient time for the subjects of the record to respond before making a
3245 finding on the petition.
3246 (iii) A record of a proceeding may not be released under this Subsection (1)(b) if the
3247 court's jurisdiction over the subjects of the proceeding ended more than 12 months [
3248 before the request.
3249 (iv) For purposes of this Subsection (1)(b):
3250 (A) "record of a proceeding" does not include documentary materials of any type
3251 submitted to the court as part of the proceeding, including items submitted under Subsection
3252 (4)(a); and
3253 (B) "subjects of the record" includes the child's guardian ad litem, the child's legal
3254 guardian, the Division of Child and Family Services, and any other party to the proceeding.
3255 (2) (a) Except as provided in Subsection (2)(b), the county attorney or, if within a
3256 prosecution district, the district attorney shall represent the state in any proceeding in a minor's
3257 case.
3258 (b) The attorney general shall enforce all provisions of Title 62A, Chapter 4a, Child
3259 and Family Services, and this chapter, relating to:
3260 (i) protection or custody of an abused, neglected, or dependent child; and
3261 (ii) petitions for termination of parental rights.
3262 (c) The attorney general shall represent the Division of Child and Family Services in
3263 actions involving a minor who is not adjudicated as abused or neglected, but who is [
3264
3265
3266
3267 Section 78A-6-117. Nothing in this Subsection (2)(c) may be construed to affect the
3268 responsibility of the county attorney or district attorney to represent the state in those matters,
3269 in accordance with [
3270 (3) The board may adopt special rules of procedure to govern proceedings involving
3271 violations of traffic laws or ordinances, wildlife laws, and boating laws. However, proceedings
3272 involving offenses under Section 78A-6-606 are governed by that section regarding suspension
3273 of driving privileges.
3274 (4) (a) For the purposes of determining proper disposition of the minor in dispositional
3275 hearings and establishing the fact of abuse, neglect, or dependency in adjudication hearings and
3276 in hearings upon petitions for termination of parental rights, written reports and other material
3277 relating to the minor's mental, physical, and social history and condition may be received in
3278 evidence and may be considered by the court along with other evidence. The court may require
3279 that the person who wrote the report or prepared the material appear as a witness if the person
3280 is reasonably available.
3281 (b) For the purpose of determining proper disposition of a minor alleged to be or
3282 adjudicated as abused, neglected, or dependent, dispositional reports prepared by the division
3283 under Section 78A-6-315 may be received in evidence and may be considered by the court
3284 along with other evidence. The court may require any person who participated in preparing the
3285 dispositional report to appear as a witness, if the person is reasonably available.
3286 (5) (a) In an abuse, neglect, or dependency proceeding occurring after the
3287 commencement of a shelter hearing under Section 78A-6-306 or the filing of a petition under
3288 Section 78A-6-304, each party to the proceeding shall provide in writing to the other parties or
3289 their counsel any information which the party:
3290 (i) plans to report to the court at the proceeding; or
3291 (ii) could reasonably expect would be requested of the party by the court at the
3292 proceeding.
3293 (b) The disclosure required under Subsection (5)(a) shall be made:
3294 (i) for dispositional hearings under Sections 78A-6-311 and 78A-6-312, no less than
3295 five days before the proceeding;
3296 (ii) for proceedings under [
3297 Rights Act, in accordance with Utah Rules of Civil Procedure; and
3298 (iii) for all other proceedings, no less than five days before the proceeding.
3299 (c) If a party to a proceeding obtains information after the deadline in Subsection
3300 (5)(b), the information is exempt from the disclosure required under Subsection (5)(a) if the
3301 party certifies to the court that the information was obtained after the deadline.
3302 (d) Subsection (5)(a) does not apply to:
3303 (i) pretrial hearings; and
3304 (ii) the frequent, periodic review hearings held in a dependency drug court case to
3305 assess and promote the parent's progress in substance [
3306 (6) For the purpose of establishing the fact of abuse, neglect, or dependency, the court
3307 may, in its discretion, consider evidence of statements made by a child under eight years of age
3308 to a person in a trust relationship.
3309 Section 51. Section 78A-6-117 is amended to read:
3310 78A-6-117. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
3311 Enumeration of possible court orders -- Considerations of court.
3312 (1) (a) When a minor is found to come within [
3313 the court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
3314 jurisdiction over the minor. However, in cases within [
3315 78A-6-103(1), findings of fact are not necessary.
3316 (b) If the court adjudicates a minor for a crime of violence or an offense in violation of
3317 Title 76, Chapter 10, Part 5, Weapons, Ĥ→ [
3317a of the
3318 adjudication be provided to the school superintendent of the district in which the minor resides
3319 or attends school. Notice shall be made to the district superintendent within three days of the
3320 adjudication and shall include:
3321 (i) the specific offenses for which the minor was adjudicated; and
3322 (ii) if available, if the victim:
3323 (A) resides in the same school district as the minor; or
3324 (B) attends the same school as the minor.
3325 (c) An adjudicated minor shall undergo a risk screening or, if indicated, a validated risk
3326 and needs assessment. Results of the screening or assessment shall be used to inform
3327 disposition decisions and case planning. Assessment results, if available, may not be shared
3328 with the court before adjudication.
3329 (2) Upon adjudication the court may make the following dispositions by court order:
3330 (a) (i) the court may place the minor on probation or under protective supervision in
3331 the minor's own home and upon conditions determined by the court, including compensatory
3332 service [
3333 [
3334
3335 [
3336 [
3337 [
3338 (ii) a condition ordered by the court under Subsection (2)(a)(i):
3339 (A) shall be individualized and address a specific risk or need;
3340 (B) shall be based on information provided to the court, including the results of a
3341 validated risk and needs assessment conducted under Subsection (1)(c); and
3342 (C) if the court orders treatment, be based on a validated risk and needs assessment
3343 conducted under Subsection (1)(c);
3344 (iii) a court may not issue a standard order that contains control-oriented conditions;
3345 (iv) prohibitions on weapon possession, where appropriate, shall be specific to the
3346 minor and not the minor's family;
3347 [
3348 direct that notice of [
3349 enforcement agency and the school or transferee school, if applicable, that the minor attends.
3350 The designated persons may receive the information for purposes of the minor's supervision
3351 and student safety[
3352 [
3353 the minor attends who discloses the court's order of probation is not:
3354 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
3355 provided in Section 63G-7-202; and
3356 (B) civilly or criminally liable except when the disclosure constitutes a knowing
3357 violation of Section 63G-2-801.
3358 (b) The court may place the minor in the legal custody of a relative or other suitable
3359 person, with or without probation or protective supervision, but the juvenile court may not
3360 assume the function of developing foster home services.
3361 (c) (i) The court [
3362
3363
3364 order the Division of Juvenile Justice Services to provide dispositional recommendations and
3365 services[
3366 [
3367
3368 [
3369
3370
3371
3372 [
3373
3374
3375
3376 [
3377
3378
3379 (A) nonresidential treatment options have been exhausted or nonresidential treatment
3380 options are not appropriate; and
3381 (B) the minor is adjudicated under this section for a felony offense, a misdemeanor
3382 when the minor has five prior misdemeanors or felony adjudications arising from separate
3383 criminal episodes, or a misdemeanor involving the use of a dangerous weapon as defined in
3384 Section 76-1-601.
3385 (ii) The court may not vest legal custody of a minor in the Division of Juvenile Justice
3386 Services for:
3387 (A) contempt of court except to the extent permitted under Section 78A-6-1101;
3388 (B) a violation of probation;
3389 (C) failure to pay a fine, fee, restitution, or other financial obligation;
3390 (D) unfinished compensatory or community service hours;
3391 (E) an infraction; or
3392 (F) a status offense.
3393 [
3394 may petition the court to express the minor's desire to be removed from the jurisdiction of the
3395 juvenile court and from the custody of the Division of Child and Family Services if the minor
3396 is in the division's custody on grounds of abuse, neglect, or dependency.
3397 (B) If the minor's parent's rights have not been terminated in accordance with Part 5,
3398 Termination of Parental Rights Act, the minor's petition shall contain a statement from the
3399 minor's parent or guardian agreeing that the minor should be removed from the custody of the
3400 Division of Child and Family Services.
3401 (C) The minor and the minor's parent or guardian shall sign the petition.
3402 (D) The court shall review the petition within 14 days.
3403 (E) The court shall remove the minor from the custody of the Division of Child and
3404 Family Services if the minor and the minor's parent or guardian have met the requirements
3405 described in Subsections (2)(c)(iv)(B) and (C) and if the court finds, based on input from the
3406 Division of Child and Family Services, the minor's guardian ad litem, and the Office of the
3407 Attorney General, that the minor does not pose an imminent threat to self or others.
3408 (F) A minor removed from custody under Subsection (2)(c)(iv)(E) may, within 90 days
3409 of the date of removal, petition the court to re-enter custody of the Division of Child and
3410 Family Services.
3411 (G) Upon receiving a petition under Subsection (2)(c)(iv)(F), the court shall order the
3412 Division of Child and Family Services to take custody of the minor based on the findings the
3413 court entered when the court originally vested custody in the Division of Child and Family
3414 Services.
3415 (d) (i) The court [
3416 Services for secure confinement[
3417 others and is adjudicated under this section for:
3418 (A) a felony offense;
3419 (B) a misdemeanor if the minor has five prior misdemeanor or felony adjudications
3420 arising from separate criminal episodes; or
3421 (C) a misdemeanor involving use of a dangerous weapon as defined in Section
3422 76-1-601.
3423 (ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect,
3424 or dependency under Subsection 78A-6-103(1)[
3425 Juvenile Justice Services.
3426 (iii) The court may not commit a minor to the Division of Juvenile Justice Services for
3427 secure confinement for:
3428 (A) contempt of court;
3429 (B) a violation of probation;
3430 (C) failure to pay a fine, fee, restitution, or other financial obligation;
3431 (D) unfinished compensatory or community service hours;
3432 (E) an infraction; or
3433 (F) a status offense.
3434 (e) The court may [
3435
3436
3437
3438
3439 health, psychological, or sexual behavior risk assessment.
3440 (f) (i) The court may commit a minor to a place of detention or an alternative to
3441 detention for a period not to exceed 30 cumulative days per adjudication subject to the court
3442 retaining continuing jurisdiction over the minor. This commitment may not be [
3443 suspended upon conditions ordered by the court.
3444 (ii) This Subsection (2)(f) applies only to a minor adjudicated for:
3445 (A) an act which if committed by an adult would be a criminal offense; or
3446 (B) contempt of court under Section 78A-6-1101.
3447 (iii) The court may not commit a minor to a place of detention for:
3448 (A) contempt of court except to the extent allowed under Section 78A-6-1101;
3449 (B) a violation of probation;
3450 (C) failure to pay a fine, fee, restitution, or other financial obligation;
3451 (D) unfinished compensatory or community service hours;
3452 (E) an infraction; or
3453 (F) a status offense.
3454 (iv) (A) Time spent in detention pre-adjudication shall be credited toward the 30
3455 cumulative days eligible as a disposition under Subsection (2)(f)(i). If the minor spent more
3456 than 30 days in a place of detention before disposition, the court may not commit a minor to
3457 detention under this section.
3458 (B) Notwithstanding Subsection (2)(f)(iv)(A), the court may commit a minor for a
3459 maximum of seven days while a minor is awaiting placement under Subsection (2)(c)(i). Only
3460 the seven days under this Subsection (2)(f)(iv)(B) may be combined with a nonsecure
3461 placement.
3462 (v) Notwithstanding Subsection (2)(u), no more than seven days of detention may be
3463 ordered in combination with an order under Subsection (2)(c)(i).
3464 (g) The court may vest legal custody of an abused, neglected, or dependent minor in
3465 the Division of Child and Family Services or any other appropriate person in accordance with
3466 the requirements and procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
3467 Dependency Proceedings.
3468 [
3469
3470
3471
3472
3473
3474
3475 (h) If the court finds that the child is at risk of being removed from the home or that the
3476 family is in crises, the court may order the Division of Child and Family Services to conduct an
3477 assessment to determine if provision of in-home family preservation services is appropriate. If
3478 considered appropriate by the Division of Child and Family Services, services shall be
3479 provided pursuant to Section 62A-4a-202.
3480 (i) (i) The court may order a minor to repair, replace, or otherwise make restitution for
3481 [
3482
3483 minor agrees to make restitution.
3484 (ii) A victim has the meaning defined under Subsection 77-38a-102(14). A victim of an
3485 offense that involves as an element a scheme, a conspiracy, or a pattern of criminal activity,
3486 includes any person directly harmed by the minor's delinquency conduct in the course of the
3487 scheme, conspiracy, or pattern.
3488 (iii) If the victim and the minor agree to participate, the court may refer the case to a
3489 restorative justice program such as victim offender mediation to address how loss resulting
3490 from the adjudicated act may be addressed.
3491 (iv) For the purpose of determining whether and how much restitution is appropriate,
3492 the court shall consider the following:
3493 (A) restitution shall only be ordered for the victim's material loss;
3494 (B) restitution may not be ordered if the court finds that the minor is unable to pay or
3495 acquire the means to pay; and
3496 (C) any amount paid by the minor to the victim in civil penalty shall be credited against
3497 restitution owed.
3498 (v) Any amount paid to the victim in restitution shall be credited against liability in a
3499 civil suit.
3500 [
3501 governmental agency who offered and paid a reward to a person or persons for providing
3502 information resulting in a court adjudication that the minor is within the jurisdiction of the
3503 juvenile court due to the commission of a criminal offense.
3504 [
3505 the court may order the minor to make restitution for costs expended by any governmental
3506 entity for the return.
3507 (viii) The prosecutor shall submit a request for restitution to the court at the time of
3508 disposition, if feasible, otherwise within three months after disposition.
3509 (ix) A financial disposition ordered shall prioritize the payment of restitution.
3510 (j) The court may issue orders necessary for the collection of restitution and fines
3511 ordered by the court, including garnishments, wage withholdings, and executions, except for an
3512 order that changes the custody of the minor, including detention or other secure or nonsecure
3513 residential placements.
3514 (k) (i) The court may through its probation department encourage the development of
3515 nonresidential employment or work programs to enable minors to fulfill their obligations under
3516 Subsection (2)(i) and for other purposes considered desirable by the court.
3517 (ii) Consistent with the order of the court, the probation officer may permit a minor
3518 found to be within the jurisdiction of the court to participate in a program of work restitution or
3519 compensatory service in lieu of paying part or all of the fine imposed by the court.
3520 (iii) The court may order the minor to:
3521 (A) pay a fine, fee, restitution, or other cost; or
3522 (B) complete service hours.
3523 (iv) If the court orders a minor to pay a fine, fee, restitution, or other cost, or to
3524 complete service hours, those dispositions shall be considered collectively to ensure that the
3525 order is reasonable and prioritizes restitution.
3526 (v) If the court orders a minor to pay a fine, fee, or other cost, or complete service
3527 hours, the cumulative order shall be limited per criminal episode as follows:
3528 (A) for children under age 16 at adjudication, the court may impose up to $180 or up to
3529 24 hours of service; and
3530 (B) for minors 16 and older at adjudication, the court may impose up to $270 or up to
3531 36 hours of service.
3532 (vi) The cumulative order under Subsection (2)(k)(v) does not include restitution.
3533 (vii) If the court converts a fine, fee, or restitution amount to service hours, the rate of
3534 conversion shall be no less than the minimum wage.
3535 (l) (i) In violations of traffic laws within the court's jurisdiction, when the court finds
3536 that as part of the commission of the violation the minor was in actual physical control of a
3537 motor vehicle, the court may, in addition to any other disposition authorized by this section:
3538 (A) restrain the minor from driving for periods of time the court considers necessary;
3539 and
3540 (B) take possession of the minor's driver license.
3541 (ii) The court may enter any other eligible disposition under Subsection (2)(l)(i) except
3542 for a disposition under Subsection (2)(c), (d), or (f). However, the suspension of driving
3543 privileges for an offense under Section 78A-6-606 is governed only by Section 78A-6-606.
3544 [
3545
3546
3547
3548
3549 (m) (i) The court may order a minor to complete community or compensatory service
3550 hours in accordance with Subsections (2)(k)(iv) and (v).
3551 (ii) When community service is ordered, the presumptive service order shall include
3552 between five and 10 hours of service.
3553 (iii) Satisfactory completion of an approved substance [
3554 or treatment program or other court-ordered condition may be credited by the court as
3555 compensatory service hours.
3556 [
3557
3558
3559
3560
3561
3562
3563 [
3564 Section 78A-6-103 because of a violation of Section 76-6-106 or 76-6-206 using graffiti, the
3565 court may order the minor to clean up graffiti created by the minor or any other person at a time
3566 and place within the jurisdiction of the court. Compensatory service [
3567 this section may be performed in the presence and under the direct supervision of the minor's
3568 parent or legal guardian. The parent or legal guardian shall report completion of the order to
3569 the court. [
3570
3571
3572 or repair to the damaged property pursuant to [
3573 [
3574
3575 [
3576
3577 [
3578
3579 (n) (i) Subject to Subsection (2)(n)(iii), the court may order that a minor:
3580 (A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
3581 (B) receive other special care.
3582 (ii) For purposes of receiving the examination, treatment, or care described in
3583 Subsection (2)(n)(i), the court may place the minor in a hospital or other suitable facility that is
3584 not a secure facility or secure detention.
3585 (iii) In determining whether to order the examination, treatment, or care described in
3586 Subsection (2)(n)(i), the court shall consider:
3587 (A) the desires of the minor;
3588 (B) if the minor is under the age of 18, the desires of the parents or guardian of the
3589 minor; and
3590 (C) whether the potential benefits of the examination, treatment, or care outweigh the
3591 potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
3592 function impairment, or emotional or physical harm resulting from the compulsory nature of
3593 the examination, treatment, or care.
3594 (iv) The Division of Child and Family Services shall take reasonable measures to
3595 notify a parent or guardian of any non-emergency health treatment or care scheduled for a
3596 child, shall include the parent or guardian as fully as possible in making health care decisions
3597 for the child, and shall defer to the parent's or guardian's reasonable and informed decisions
3598 regarding the child's health care to the extent that the child's health and well being are not
3599 unreasonably compromised by the parent's or guardian's decision.
3600 (v) The Division of Child and Family Services shall notify the parent or guardian of a
3601 child within five business days after a child in the custody of the Division of Child and Family
3602 Services receives emergency health care or treatment.
3603 (vi) The Division of Child and Family Services shall use the least restrictive means to
3604 accomplish a compelling interest in the care and treatment of a child described in this
3605 Subsection (2)(n).
3606 (o) (i) The court may appoint a guardian for the minor if it appears necessary in the
3607 interest of the minor, and may appoint as guardian a public or private institution or agency, but
3608 not a nonsecure residential placement provider, in which legal custody of the minor is vested.
3609 (ii) In placing a minor under the guardianship or legal custody of an individual or of a
3610 private agency or institution, the court shall give primary consideration to the welfare of the
3611 minor. When practicable, the court may take into consideration the religious preferences of the
3612 minor and of a child's parents.
3613 (p) (i) In support of a decree under Section 78A-6-103, the court may order reasonable
3614 conditions to be complied with by a minor's parents or guardian, [
3615 or any other person who has been made a party to the proceedings. Conditions may include:
3616 (A) parent-time by the parents or one parent;
3617 (B) restrictions on the minor's associates;
3618 (C) restrictions on the minor's occupation and other activities; and
3619 (D) requirements to be observed by the parents or custodian.
3620 (ii) A minor whose parents or guardians successfully complete a family or other
3621 counseling program may be credited by the court for detention, confinement, or probation time.
3622 (q) The court may order the child to be committed to the physical custody of a local
3623 mental health authority, in accordance with the procedures and requirements of Title 62A,
3624 Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
3625 Mental Health.
3626 (r) (i) The court may make an order committing a minor within the court's jurisdiction
3627 to the Utah State Developmental Center if the minor has an intellectual disability in accordance
3628 with [
3629 Facility for People with an Intellectual Disability.
3630 (ii) The court shall follow the procedure applicable in the district courts with respect to
3631 judicial commitments to the Utah State Developmental Center when ordering a commitment
3632 under Subsection (2)(r)(i).
3633 (s) The court may terminate all parental rights upon a finding of compliance with [
3634
3635 (t) The court may make [
3636 [
3637 to jail [
3638 under Subsections (2)(c) and (d).
3639 (u) The court may combine the dispositions listed in this section if it is permissible and
3640 they are compatible.
3641 (v) Before depriving any parent of custody, the court shall give due consideration to the
3642 rights of parents concerning their child. The court may transfer custody of a minor to another
3643 person, agency, or institution in accordance with the requirements and procedures of Title 78A,
3644 Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
3645 (w) Except as provided in Subsection (2)(y)(i), an order under this section for
3646 probation or placement of a minor with an individual or an agency shall include a date certain
3647 for a review and presumptive termination of the case by the court in accordance with
3648 Subsection (6) and Section 62A-7-404. A new date shall be set upon each review.
3649 (x) In reviewing foster home placements, special attention shall be given to making
3650 adoptable children available for adoption without delay.
3651 (y) (i) The juvenile court may enter an order of permanent custody and guardianship
3652 with an individual or relative of a child where the court has previously acquired jurisdiction as
3653 a result of an adjudication of abuse, neglect, or dependency. The juvenile court may enter an
3654 order for child support on behalf of the child against the natural or adoptive parents of the
3655 child.
3656 (ii) Orders under Subsection (2)(y)(i):
3657 (A) shall remain in effect until the child reaches majority;
3658 (B) are not subject to review under Section 78A-6-118; and
3659 (C) may be modified by petition or motion as provided in Section 78A-6-1103.
3660 (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
3661 permanent orders of custody and guardianship do not expire with a termination of jurisdiction
3662 of the juvenile court.
3663 (3) In addition to the dispositions described in Subsection (2), when a minor comes
3664 within the court's jurisdiction, the minor may be given a choice by the court to serve in the
3665 National Guard in lieu of other sanctions, provided:
3666 (a) the minor meets the current entrance qualifications for service in the National
3667 Guard as determined by a recruiter, whose determination is final;
3668 (b) the minor is not under the jurisdiction of the court for any act that:
3669 (i) would be a felony if committed by an adult;
3670 (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
3671 (iii) was committed with a weapon; and
3672 (c) the court retains jurisdiction over the minor under conditions set by the court and
3673 agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
3674 (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
3675 of the court as described in Subsection 53-10-403(3). The specimen shall be obtained by
3676 designated employees of the court or, if the minor is in the legal custody of the Division of
3677 Juvenile Justice Services, then by designated employees of the division under Subsection
3678 53-10-404(5)(b).
3679 (b) The responsible agency shall ensure that employees designated to collect the saliva
3680 DNA specimens receive appropriate training and that the specimens are obtained in accordance
3681 with accepted protocol.
3682 (c) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNA
3683 Specimen Restricted Account created in Section 53-10-407.
3684 (d) Payment of the reimbursement is second in priority to payments the minor is
3685 ordered to make for restitution under this section and treatment under Section 78A-6-321.
3686 (5) (a) A disposition made by the court pursuant to this section may not be suspended,
3687 except for the following:
3688 (i) If a minor qualifies for commitment to the Division of Juvenile Justice Services
3689 under Subsection (2)(c) or (d), the court may suspend a custody order pursuant to Subsection
3690 (2)(c) or (d) in lieu of immediate commitment, upon the condition that the minor commit no
3691 new misdemeanor or felony offense during the three months following the day of disposition.
3692 (ii) The duration of a suspended custody order made under Subsection (5)(a)(i) may not
3693 exceed three months post-disposition and may not be extended under any circumstance.
3694 (iii) The court may only impose a custody order suspended under Subsection (5)(a)(i)
3695 following adjudication of a new misdemeanor or felony offense committed by the minor during
3696 the period of suspension set out under Subsection (5)(a)(ii).
3697 (b) The court pursuant to Subsection (5)(a) shall terminate jurisdiction over the minor
3698 at the end of the presumptive time frame unless at least one the following circumstances exists:
3699 (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
3700 program determined to be necessary by the results of a validated risk and needs assessment
3701 with completion found by the court after considering the recommendation of a licensed service
3702 provider on the basis of the minor completing the goals of the necessary treatment program;
3703 (ii) the minor commits a new misdemeanor or felony offense;
3704 (iii) service hours have not been completed; or
3705 (iv) there is an outstanding fine.
3706 (6) When the court places a minor on probation under Subsection (2)(a) or vests legal
3707 custody of the minor in the Division of Juvenile Justice Services under Subsection (2)(c), the
3708 court shall do so for a defined period of time pursuant to this section.
3709 (a) For the purposes of placing a minor on probation under Subsection (2)(a), the court
3710 shall establish a presumptive term of probation as specified in this Subsection (6):
3711 (i) the presumptive maximum length of intake probation may not exceed three months;
3712 and
3713 (ii) the presumptive maximum length of formal probation may not exceed four to six
3714 months.
3715 (b) For the purposes of vesting legal custody of the minor in the Division of Juvenile
3716 Justice Services under Subsection (2)(c), the court shall establish a maximum term of custody
3717 and a maximum term of aftercare as specified in this Subsection (6):
3718 (i) the presumptive maximum length of out-of-home placement may not exceed three
3719 to six months; and
3720 (ii) the presumptive maximum length of aftercare supervision, for those previously
3721 placed out-of-home, may not exceed three to four months, and minors may serve the term of
3722 aftercare in the home of a qualifying relative or guardian or at an independent living program
3723 contracted or operated by the Division of Juvenile Justice Services.
3724 (c) The court pursuant to Subsections (6)(a) and (b), and the Youth Parole Authority
3725 pursuant to Subsection (6)(b), shall terminate jurisdiction over the minor at the end of the
3726 presumptive time frame unless at least one of the following circumstances exists:
3727 (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
3728 court ordered program determined to be necessary by the results of a validated assessment, with
3729 completion found by the court after considering the recommendations of a licensed service
3730 provider on the basis of the minor completing the goals of the necessary treatment program;
3731 (ii) termination pursuant to Subsection (6)(a)(i) or (6)(b) would interrupt the
3732 completion of a program determined to be necessary by the results of a validated assessment,
3733 with completion determined on the basis of whether the minor has regularly and consistently
3734 attended the treatment program and completed the goals of the necessary treatment program as
3735 determined by the Youth Parole Authority after considering the recommendation of a licensed
3736 service provider;
3737 (iii) the minor commits a new misdemeanor or felony offense;
3738 (iv) service hours have not been completed; or
3739 (v) there is an outstanding fine.
3740 (d) (i) Subject to Subsection (6)(g), if one of the circumstances under Subsection
3741 (6)(c)(i), (ii), (iii), or (iv) exists, the court may extend jurisdiction for the time needed to
3742 address the specific circumstance.
3743 (ii) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)(i),
3744 (ii), (iii), or (iv) exists, and the Youth Parole Authority has jurisdiction, the Youth Parole
3745 Authority may extend jurisdiction for the time needed to address the specific circumstance.
3746 (e) If the circumstance under Subsection (6)(c)(iv) exists, the court, or the Youth
3747 Parole Authority if the Youth Parole Authority has jurisdiction, may extend jurisdiction one
3748 time for up to three months.
3749 (f) Grounds for extension of the presumptive length of supervision or placement and
3750 the length of any extension shall be recorded in the court record or records of the Youth Parole
3751 Authority if the Youth Parole Authority has jurisdiction, and tracked in the data system used by
3752 the Administrative Office of the Courts and the Division of Juvenile Justice Services.
3753 (g) (i) For a minor who is under the supervision of the juvenile court and whose
3754 supervision is extended to complete service hours under Subsection (6)(c)(iv), jurisdiction may
3755 only be continued under the supervision of intake probation.
3756 (ii) For a minor who is under the jurisdiction of the Youth Parole Authority whose
3757 supervision is extended to complete service hours under Subsection (6)(c)(iv), jurisdiction may
3758 only be continued on parole and not in secure confinement.
3759 (h) In the event of an unauthorized leave lasting more than 24 hours, the supervision
3760 period shall toll until the minor returns.
3761 (7) Subsection (6) does not apply to any minor adjudicated under this section for:
3762 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
3763 (b) Section 76-5-202, attempted aggravated murder;
3764 (c) Section 76-5-203, murder or attempted murder;
3765 (d) Section 76-5-302, aggravated kidnapping;
3766 (e) Section 76-5-405, aggravated sexual assault;
3767 (f) a felony violation of Section 76-6-103, aggravated arson;
3768 (g) Section 76-6-203, aggravated burglary;
3769 (h) Section 76-6-302, aggravated robbery;
3770 (i) Section 76-10-508.1, felony discharge of a firearm; or
3771 (j) an offense other than those listed in Subsections (7)(a) through (i) involving the use
3772 of a dangerous weapon, as defined in Section 76-1-601, that is a felony, and the minor has been
3773 previously adjudicated or convicted of an offense involving the use of a dangerous weapon.
3774 Section 52. Section 78A-6-118 is amended to read:
3775 78A-6-118. Period of operation of judgment, decree, or order.
3776 [
3777 becomes 21 years of age, except for:
3778 [
3779 custody of the Division of Substance Abuse and Mental Health;
3780 [
3781 [
3782 and permanent orders of custody and guardianships[
3783 [
3784 [
3785
3786
3787
3788
3789
3790
3791
3792
3793 [
3794
3795
3796
3797
3798
3799
3800 [
3801
3802
3803 [
3804
3805 Section 53. Section 78A-6-119 is amended to read:
3806 78A-6-119. Modification of order or decree -- Requirements for changing or
3807 terminating custody, probation, or protective supervision.
3808 (1) The court may modify or set aside any order or decree made by [
3809 accordance with Section 78A-6-117 and, as of July 1, 2018, Section 78A-6-123, however a
3810 modification of an order placing a minor on probation may not [
3811
3812
3813 (a) under Subsection 78A-6-117(2)(c), (d), or (f); or
3814 (b) extending supervision, except pursuant to Subsection 78A-6-117(7).
3815 (2) Notice of the hearing shall be required in any case in which the effect of modifying
3816 or setting aside an order or decree may be to make any change in the minor's legal custody
3817 under Section 78A-6-1103 and pursuant to Section 78A-6-117.
3818 (3) (a) Notice of an order terminating probation or protective supervision of a child
3819 shall be given to the child's:
3820 (i) parents;
3821 (ii) guardian;
3822 (iii) custodian; and
3823 (iv) where appropriate, to the child.
3824 (b) Notice of an order terminating probation or protective supervision of a minor who
3825 is at least 18 years of age shall be given to the minor.
3826 Section 54. Section 78A-6-120 is amended to read:
3827 78A-6-120. Continuing jurisdiction of juvenile court -- Period of and termination
3828 of jurisdiction -- Notice of discharge from custody of local mental health authority or
3829 Utah State Developmental Center -- Transfer of continuing jurisdiction to other district.
3830 (1) Jurisdiction of a minor obtained by the court through adjudication under Section
3831 78A-6-117 continues for purposes of this chapter until [
3832 unless terminated earlier[
3833
3834
3835
3836 (2) (a) The continuing jurisdiction of the court terminates:
3837 (i) upon order of the court;
3838 (ii) upon commitment to a secure [
3839 (iii) upon commencement of proceedings in adult cases under Section 78A-6-1001[
3840 or
3841 (iv) in accordance with Sections 62A-7-404 and 78A-6-117.
3842 (b) The continuing jurisdiction of the court is not terminated by marriage.
3843 (c) Notwithstanding Subsection (2)(a)(ii), the court retains jurisdiction to make and
3844 enforce orders related to restitution until the youth parole authority discharges the youth
3845 offender.
3846 (3) When a minor has been committed by the court to the physical custody of a local
3847 mental health authority or its designee or to the Utah State Developmental Center, the local
3848 mental health authority or its designee or the superintendent of the Utah State Developmental
3849 Center shall give the court written notice of its intention to discharge, release, or parole the
3850 minor not fewer than five days [
3851 (4) Jurisdiction over a minor on probation or under protective supervision, or of a
3852 minor who is otherwise under the continuing jurisdiction of the court, may be transferred by the
3853 court to the court of another district, if the receiving court consents, or upon direction of the
3854 chair of the Board of Juvenile Court Judges. The receiving court has the same powers with
3855 respect to the minor that it would have if the proceedings originated in that court.
3856 (5) A minor adjudicated under Section 78A-6-117 and who underwent a validated risk
3857 and needs assessment under Subsection 78A-6-117(1)(c) shall undergo a validated risk and
3858 needs assessment within seven days of the day on which an order terminating jurisdiction is
3859 issued.
3860 Section 55. Section 78A-6-121 is amended to read:
3861 78A-6-121. Entry of judgment for fine, fee, surcharge, or restitution.
3862 (1) If, [
3863 there remains any unpaid balance for any fine, fee, or restitution ordered by the court, the court
3864 shall record all pertinent information in the juvenile's file [
3865 (2) The court may not transfer responsibility to collect [
3866 surcharges, and restitution to the Office of State Debt Collection.
3867 [
3868
3869
3870 [
3871
3872
3873 Section 56. Section 78A-6-123 is enacted to read:
3874 78A-6-123. Case planning and appropriate responses.
3875 (1) For a minor adjudicated and placed on probation or into the custody of the Division
3876 of Juvenile Justice Services under Section 78A-6-117, a case plan shall be created and shall be:
3877 (a) developed in collaboration with the minor and the minor's family;
3878 (b) individualized to the minor;
3879 (c) informed by the results of a validated risk and needs assessment; and
3880 (d) tailored to the minor's offense and history.
3881 (2) (a) The Administrative Office of the Courts and the Division of Juvenile Justice
3882 Services shall develop a statewide system of appropriate responses to guide responses to the
3883 behaviors of minors:
3884 (i) undergoing nonjudicial adjustments;
3885 (ii) under the jurisdiction of the juvenile court; and
3886 (iii) in the custody of the Division of Juvenile Justice Services.
3887 (b) The system of responses shall include both sanctions and incentives that:
3888 (i) are swift and certain;
3889 (ii) include a continuum of community based responses for minors living at home;
3890 (iii) target a minor's criminogenic risks and needs, as determined by the results of a
3891 validated risk and needs assessment, and the severity of the violation; and
3892 (iv) authorize earned discharge credits as one incentive for compliance.
3893 (c) After considering the guidelines established by the Sentencing Commission,
3894 pursuant to Section 63M-7-404, the system of appropriate responses under Subsections (2)(a)
3895 and (b) shall be developed.
3896 (3) A response to a compliant or noncompliant behavior under Subsection (2) shall be
3897 documented in the minor's case plan. Documentation shall include:
3898 (a) positive behaviors and incentives offered;
3899 (b) violations and corresponding sanctions; and
3900 (c) whether the minor has a subsequent violation after a sanction.
3901 (4) Before referring a minor to court for judicial review or to the Youth Parole
3902 Authority if the minor is under the jurisdiction of the Youth Parole Authority in response to a
3903 violation, either through a contempt filing under Section 78A-6-1101 or an order to show
3904 cause, pursuant to Subsections (2)(a) and (b), a pattern of appropriate responses shall be
3905 documented in the minor's case plan .
3906 (5) Notwithstanding Subsection (4), violations of protective orders or ex parte
3907 protection orders listed in Subsection 77-36-2.7(3) with victims and violations that constitute
3908 new delinquency offenses may be filed directly with the court.
3909 Section 57. Section 78A-6-124 is enacted to read:
3910 78A-6-124. Detention risk assessment tool.
3911 (1) The Division of Juvenile Justice Services, in conjunction with the Administrative
3912 Office of the Courts, shall develop or adopt, and validate on the Utah juvenile population, a
3913 statewide detention risk assessment tool.
3914 (2) The Division of Juvenile Justice Services shall administer the detention risk
3915 assessment tool for each youth under consideration for detention. The detention risk assessment
3916 tool shall be administered by a designated individual who has completed training to conduct
3917 the detention risk assessment tool.
3918 (3) The Division of Juvenile Justice Services and the Administrative Office of the
3919 Courts shall establish a scoring system to inform eligibility for placement in a juvenile
3920 detention facility or for referral to an alternative to detention.
3921 Section 58. Section 78A-6-302 is amended to read:
3922 78A-6-302. Court-ordered protective custody of a child following petition filing --
3923 Grounds.
3924 (1) After a petition has been filed under Section 78A-6-304, if the child who is the
3925 subject of the petition is not in the protective custody of the division, a court may order that the
3926 child be removed from the child's home or otherwise taken into protective custody if the court
3927 finds, by a preponderance of the evidence, that any one or more of the following circumstances
3928 exist:
3929 (a) (i) there is an imminent danger to the physical health or safety of the child; and
3930 (ii) the child's physical health or safety may not be protected without removing the
3931 child from the custody of the child's parent or guardian;
3932 (b) (i) a parent or guardian engages in or threatens the child with unreasonable conduct
3933 that causes the child to suffer harm; and
3934 (ii) there are no less restrictive means available by which the child's emotional health
3935 may be protected without removing the child from the custody of the child's parent or guardian;
3936 (c) the child or another child residing in the same household has been, or is considered
3937 to be at substantial risk of being, physically abused, sexually abused, or sexually exploited, by a
3938 parent or guardian, a member of the parent's or guardian's household, or other person known to
3939 the parent or guardian;
3940 (d) the parent or guardian is unwilling to have physical custody of the child;
3941 (e) the child is abandoned or left without any provision for the child's support;
3942 (f) a parent or guardian who has been incarcerated or institutionalized has not arranged
3943 or cannot arrange for safe and appropriate care for the child;
3944 (g) (i) a relative or other adult custodian with whom the child is left by the parent or
3945 guardian is unwilling or unable to provide care or support for the child;
3946 (ii) the whereabouts of the parent or guardian are unknown; and
3947 (iii) reasonable efforts to locate the parent or guardian are unsuccessful;
3948 (h) subject to the provisions of Subsections 78A-6-105[
3949 78A-6-117(2)(n) and Section 78A-6-301.5, the child is in immediate need of medical care;
3950 (i) (i) a parent's or guardian's actions, omissions, or habitual action create an
3951 environment that poses a serious risk to the child's health or safety for which immediate
3952 remedial or preventive action is necessary; or
3953 (ii) a parent's or guardian's action in leaving a child unattended would reasonably pose
3954 a threat to the child's health or safety;
3955 (j) the child or another child residing in the same household has been neglected;
3956 (k) the child's natural parent:
3957 (i) intentionally, knowingly, or recklessly causes the death of another parent of the
3958 child;
3959 (ii) is identified by a law enforcement agency as the primary suspect in an investigation
3960 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
3961 (iii) is being prosecuted for or has been convicted of intentionally, knowingly, or
3962 recklessly causing the death of another parent of the child;
3963 (l) an infant has been abandoned, as defined in Section 78A-6-316;
3964 (m) (i) the parent or guardian, or an adult residing in the same household as the parent
3965 or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab
3966 Act; and
3967 (ii) any clandestine laboratory operation was located in the residence or on the property
3968 where the child resided; or
3969 (n) the child's welfare is otherwise endangered.
3970 (2) (a) For purposes of Subsection (1)(a), if a child has previously been adjudicated as
3971 abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or dependency
3972 occurs involving the same substantiated abuser or under similar circumstance as the previous
3973 abuse, that fact constitutes prima facie evidence that the child cannot safely remain in the
3974 custody of the child's parent.
3975 (b) For purposes of Subsection (1)(c):
3976 (i) another child residing in the same household may not be removed from the home
3977 unless that child is considered to be at substantial risk of being physically abused, sexually
3978 abused, or sexually exploited as described in Subsection (1)(c) or Subsection (2)(b)(ii); and
3979 (ii) if a parent or guardian has received actual notice that physical abuse, sexual abuse,
3980 or sexual exploitation by a person known to the parent has occurred, and there is evidence that
3981 the parent or guardian failed to protect the child, after having received the notice, by allowing
3982 the child to be in the physical presence of the alleged abuser, that fact constitutes prima facie
3983 evidence that the child is at substantial risk of being physically abused, sexually abused, or
3984 sexually exploited.
3985 (3) (a) For purposes of Subsection (1), if the division files a petition under Section
3986 78A-6-304, the court shall consider the division's safety and risk assessments described in
3987 Section 62A-4a-203.1 to determine whether a child should be removed from the custody of the
3988 child's parent or guardian or should otherwise be taken into protective custody.
3989 (b) The division shall make a diligent effort to provide the safety and risk assessments
3990 described in Section 62A-4a-203.1 to the court, guardian ad litem, and counsel for the parent or
3991 guardian, as soon as practicable before the shelter hearing described in Section 78A-6-306.
3992 (4) In the absence of one of the factors described in Subsection (1), a court may not
3993 remove a child from the parent's or guardian's custody on the basis of:
3994 (a) educational neglect, truancy, or failure to comply with a court order to attend
3995 school;
3996 (b) mental illness or poverty of the parent or guardian; or
3997 (c) disability of the parent or guardian, as defined in Section 57-21-2.
3998 (5) A child removed from the custody of the child's parent or guardian under this
3999 section may not be placed or kept in a secure detention facility pending further court
4000 proceedings unless the child is detainable based on guidelines promulgated by the Division of
4001 Juvenile Justice Services.
4002 (6) This section does not preclude removal of a child from the child's home without a
4003 warrant or court order under Section 62A-4a-202.1.
4004 (7) (a) Except as provided in Subsection (7)(b), a court or the Division of Child and
4005 Family Services may not remove a child from the custody of the child's parent or guardian on
4006 the sole or primary basis that the parent or guardian refuses to consent to:
4007 (i) the administration of a psychotropic medication to a child;
4008 (ii) a psychiatric, psychological, or behavioral treatment for a child; or
4009 (iii) a psychiatric or behavioral health evaluation of a child.
4010 (b) Notwithstanding Subsection (7)(a), a court or the Division of Child and Family
4011 Services may remove a child under conditions that would otherwise be prohibited under
4012 Subsection (7)(a) if failure to take an action described under Subsection (7)(a) would present a
4013 serious, imminent risk to the child's physical safety or the physical safety of others.
4014 Section 59. Section 78A-6-306 is amended to read:
4015 78A-6-306. Shelter hearing.
4016 (1) A shelter hearing shall be held within 72 hours excluding weekends and holidays
4017 after any one or all of the following occur:
4018 (a) removal of the child from the child's home by the division;
4019 (b) placement of the child in the protective custody of the division;
4020 (c) emergency placement under Subsection 62A-4a-202.1(4);
4021 (d) as an alternative to removal of the child, a parent enters a domestic violence shelter
4022 at the request of the division; or
4023 (e) a "Motion for Expedited Placement in Temporary Custody" is filed under
4024 Subsection 78A-6-106(4).
4025 (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
4026 division shall issue a notice that contains all of the following:
4027 (a) the name and address of the person to whom the notice is directed;
4028 (b) the date, time, and place of the shelter hearing;
4029 (c) the name of the child on whose behalf a petition is being brought;
4030 (d) a concise statement regarding:
4031 (i) the reasons for removal or other action of the division under Subsection (1); and
4032 (ii) the allegations and code sections under which the proceeding has been instituted;
4033 (e) a statement that the parent or guardian to whom notice is given, and the child, are
4034 entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
4035 indigent and cannot afford an attorney, and desires to be represented by an attorney, one will be
4036 provided in accordance with the provisions of Section 78A-6-1111; and
4037 (f) a statement that the parent or guardian is liable for the cost of support of the child in
4038 the protective custody, temporary custody, and custody of the division, and the cost for legal
4039 counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
4040 ability of the parent or guardian.
4041 (3) The notice described in Subsection (2) shall be personally served as soon as
4042 possible, but no later than one business day after removal of the child from the child's home, or
4043 the filing of a "Motion for Expedited Placement in Temporary Custody" under Subsection
4044 78A-6-106(4), on:
4045 (a) the appropriate guardian ad litem; and
4046 (b) both parents and any guardian of the child, unless the parents or guardians cannot
4047 be located.
4048 (4) The following persons shall be present at the shelter hearing:
4049 (a) the child, unless it would be detrimental for the child;
4050 (b) the child's parents or guardian, unless the parents or guardian cannot be located, or
4051 fail to appear in response to the notice;
4052 (c) counsel for the parents, if one is requested;
4053 (d) the child's guardian ad litem;
4054 (e) the caseworker from the division who is assigned to the case; and
4055 (f) the attorney from the attorney general's office who is representing the division.
4056 (5) (a) At the shelter hearing, the court shall:
4057 (i) provide an opportunity to provide relevant testimony to:
4058 (A) the child's parent or guardian, if present; and
4059 (B) any other person having relevant knowledge; and
4060 (ii) subject to Section 78A-6-305, provide an opportunity for the child to testify.
4061 (b) The court:
4062 (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
4063 Procedure;
4064 (ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
4065 the requesting party, or their counsel; and
4066 (iii) may in its discretion limit testimony and evidence to only that which goes to the
4067 issues of removal and the child's need for continued protection.
4068 (6) If the child is in the protective custody of the division, the division shall report to
4069 the court:
4070 (a) the reason why the child was removed from the parent's or guardian's custody;
4071 (b) any services provided to the child and the child's family in an effort to prevent
4072 removal;
4073 (c) the need, if any, for continued shelter;
4074 (d) the available services that could facilitate the return of the child to the custody of
4075 the child's parent or guardian; and
4076 (e) subject to Subsections 78A-6-307(18)(c) through (e), whether any relatives of the
4077 child or friends of the child's parents may be able and willing to accept temporary placement of
4078 the child.
4079 (7) The court shall consider all relevant evidence provided by persons or entities
4080 authorized to present relevant evidence pursuant to this section.
4081 (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
4082 cause shown, the court may grant no more than one continuance, not to exceed five judicial
4083 days.
4084 (b) A court shall honor, as nearly as practicable, the request by a parent or guardian for
4085 a continuance under Subsection (8)(a).
4086 (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
4087 described in Subsection (2) within the time described in Subsection (3), the court may grant the
4088 request of a parent or guardian for a continuance, not to exceed five judicial days.
4089 (9) (a) If the child is in the protective custody of the division, the court shall order that
4090 the child be returned to the custody of the parent or guardian unless it finds, by a
4091 preponderance of the evidence, consistent with the protections and requirements provided in
4092 Subsection 62A-4a-201(1), that any one of the following exists:
4093 (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
4094 safety of the child and the child's physical health or safety may not be protected without
4095 removing the child from the custody of the child's parent;
4096 (ii) (A) the child is suffering emotional damage that results in a serious impairment in
4097 the child's growth, development, behavior, or psychological functioning;
4098 (B) the parent or guardian is unwilling or unable to make reasonable changes that
4099 would sufficiently prevent future damage; and
4100 (C) there are no reasonable means available by which the child's emotional health may
4101 be protected without removing the child from the custody of the child's parent or guardian;
4102 (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
4103 not removed from the custody of the child's parent or guardian;
4104 (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
4105 household has been, or is considered to be at substantial risk of being, physically abused,
4106 sexually abused, or sexually exploited by a:
4107 (A) parent or guardian;
4108 (B) member of the parent's household or the guardian's household; or
4109 (C) person known to the parent or guardian;
4110 (v) the parent or guardian is unwilling to have physical custody of the child;
4111 (vi) the child is without any provision for the child's support;
4112 (vii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe
4113 and appropriate care for the child;
4114 (viii) (A) a relative or other adult custodian with whom the child is left by the parent or
4115 guardian is unwilling or unable to provide care or support for the child;
4116 (B) the whereabouts of the parent or guardian are unknown; and
4117 (C) reasonable efforts to locate the parent or guardian are unsuccessful;
4118 (ix) subject to Subsections 78A-6-105[
4119 78A-6-301.5, the child is in immediate need of medical care;
4120 (x) (A) the physical environment or the fact that the child is left unattended beyond a
4121 reasonable period of time poses a threat to the child's health or safety; and
4122 (B) the parent or guardian is unwilling or unable to make reasonable changes that
4123 would remove the threat;
4124 (xi) (A) the child or a minor residing in the same household has been neglected; and
4125 (B) the parent or guardian is unwilling or unable to make reasonable changes that
4126 would prevent the neglect;
4127 (xii) the parent, guardian, or an adult residing in the same household as the parent or
4128 guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act,
4129 and any clandestine laboratory operation was located in the residence or on the property where
4130 the child resided;
4131 (xiii) (A) the child's welfare is substantially endangered; and
4132 (B) the parent or guardian is unwilling or unable to make reasonable changes that
4133 would remove the danger; or
4134 (xiv) the child's natural parent:
4135 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
4136 child;
4137 (B) is identified by a law enforcement agency as the primary suspect in an investigation
4138 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
4139 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4140 recklessly causing the death of another parent of the child.
4141 (b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
4142 established if:
4143 (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
4144 involving the parent; and
4145 (B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
4146 (ii) For purposes of Subsection (9)(a)(iv), if the court finds that the parent knowingly
4147 allowed the child to be in the physical care of a person after the parent received actual notice
4148 that the person physically abused, sexually abused, or sexually exploited the child, that fact
4149 constitutes prima facie evidence that there is a substantial risk that the child will be physically
4150 abused, sexually abused, or sexually exploited.
4151 (10) (a) (i) The court shall also make a determination on the record as to whether
4152 reasonable efforts were made to prevent or eliminate the need for removal of the child from the
4153 child's home and whether there are available services that would prevent the need for continued
4154 removal.
4155 (ii) If the court finds that the child can be safely returned to the custody of the child's
4156 parent or guardian through the provision of those services, the court shall place the child with
4157 the child's parent or guardian and order that those services be provided by the division.
4158 (b) In making the determination described in Subsection (10)(a), and in ordering and
4159 providing services, the child's health, safety, and welfare shall be the paramount concern, in
4160 accordance with federal law.
4161 (11) Where the division's first contact with the family occurred during an emergency
4162 situation in which the child could not safely remain at home, the court shall make a finding that
4163 any lack of preplacement preventive efforts was appropriate.
4164 (12) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
4165 abuse, or severe neglect are involved, neither the division nor the court has any duty to make
4166 "reasonable efforts" or to, in any other way, attempt to maintain a child in the child's home,
4167 return a child to the child's home, provide reunification services, or attempt to rehabilitate the
4168 offending parent or parents.
4169 (13) The court may not order continued removal of a child solely on the basis of
4170 educational neglect as described in Subsection 78A-6-105[
4171 comply with a court order to attend school.
4172 (14) (a) Whenever a court orders continued removal of a child under this section, the
4173 court shall state the facts on which that decision is based.
4174 (b) If no continued removal is ordered and the child is returned home, the court shall
4175 state the facts on which that decision is based.
4176 (15) If the court finds that continued removal and temporary custody are necessary for
4177 the protection of a child pursuant to Subsection (9)(a), the court shall order continued removal
4178 regardless of:
4179 (a) any error in the initial removal of the child;
4180 (b) the failure of a party to comply with notice provisions; or
4181 (c) any other procedural requirement of this chapter or Title 62A, Chapter 4a, Child
4182 and Family Services.
4183 Section 60. Section 78A-6-312 is amended to read:
4184 78A-6-312. Dispositional hearing -- Reunification services -- Exceptions.
4185 (1) The court may:
4186 (a) make any of the dispositions described in Section 78A-6-117;
4187 (b) place the minor in the custody or guardianship of any:
4188 (i) individual; or
4189 (ii) public or private entity or agency; or
4190 (c) order:
4191 (i) protective supervision;
4192 (ii) family preservation;
4193 (iii) subject to Subsections (12)(b), 78A-6-105[
4194 Section 78A-6-301.5, medical or mental health treatment; or
4195 (iv) other services.
4196 (2) Whenever the court orders continued removal at the dispositional hearing, and that
4197 the minor remain in the custody of the division, the court shall first:
4198 (a) establish a primary permanency plan for the minor; and
4199 (b) determine whether, in view of the primary permanency plan, reunification services
4200 are appropriate for the minor and the minor's family, pursuant to Subsections (20) through (22).
4201 (3) Subject to Subsections (6) and (7), if the court determines that reunification
4202 services are appropriate for the minor and the minor's family, the court shall provide for
4203 reasonable parent-time with the parent or parents from whose custody the minor was removed,
4204 unless parent-time is not in the best interest of the minor.
4205 (4) In cases where obvious sexual abuse, sexual exploitation, abandonment, severe
4206 abuse, or severe neglect are involved, neither the division nor the court has any duty to make
4207 "reasonable efforts" or to, in any other way, attempt to provide reunification services, or to
4208 attempt to rehabilitate the offending parent or parents.
4209 (5) In all cases, the minor's health, safety, and welfare shall be the court's paramount
4210 concern in determining whether reasonable efforts to reunify should be made.
4211 (6) For purposes of Subsection (3), parent-time is in the best interests of a minor unless
4212 the court makes a finding that it is necessary to deny parent-time in order to:
4213 (a) protect the physical safety of the minor;
4214 (b) protect the life of the minor; or
4215 (c) prevent the minor from being traumatized by contact with the parent due to the
4216 minor's fear of the parent in light of the nature of the alleged abuse or neglect.
4217 (7) Notwithstanding Subsection (3), a court may not deny parent-time based solely on a
4218 parent's failure to:
4219 (a) prove that the parent has not used legal or illegal substances; or
4220 (b) comply with an aspect of the child and family plan that is ordered by the court.
4221 (8) (a) In addition to the primary permanency plan, the court shall establish a
4222 concurrent permanency plan that shall include:
4223 (i) a representative list of the conditions under which the primary permanency plan will
4224 be abandoned in favor of the concurrent permanency plan; and
4225 (ii) an explanation of the effect of abandoning or modifying the primary permanency
4226 plan.
4227 (b) In determining the primary permanency plan and concurrent permanency plan, the
4228 court shall consider:
4229 (i) the preference for kinship placement over nonkinship placement;
4230 (ii) the potential for a guardianship placement if the parent-child relationship is legally
4231 terminated and no appropriate adoption placement is available; and
4232 (iii) the use of an individualized permanency plan, only as a last resort.
4233 (9) A permanency hearing shall be conducted in accordance with Subsection
4234 78A-6-314(1)(b) within 30 days after the day on which the dispositional hearing ends if
4235 something other than reunification is initially established as a minor's primary permanency
4236 plan.
4237 (10) (a) The court may amend a minor's primary permanency plan before the
4238 establishment of a final permanency plan under Section 78A-6-314.
4239 (b) The court is not limited to the terms of the concurrent permanency plan in the event
4240 that the primary permanency plan is abandoned.
4241 (c) If, at any time, the court determines that reunification is no longer a minor's primary
4242 permanency plan, the court shall conduct a permanency hearing in accordance with Section
4243 78A-6-314 on or before the earlier of:
4244 (i) 30 days after the day on which the court makes the determination described in this
4245 Subsection (10)(c); or
4246 (ii) the day on which the provision of reunification services, described in Section
4247 78A-6-314, ends.
4248 (11) (a) If the court determines that reunification services are appropriate, [
4249 shall order that the division make reasonable efforts to provide services to the minor and the
4250 minor's parent for the purpose of facilitating reunification of the family, for a specified period
4251 of time.
4252 (b) In providing the services described in Subsection (11)(a), the minor's health, safety,
4253 and welfare shall be the division's paramount concern, and the court shall so order.
4254 (12) (a) The court shall:
4255 (i) determine whether the services offered or provided by the division under the child
4256 and family plan constitute "reasonable efforts" on the part of the division;
4257 (ii) determine and define the responsibilities of the parent under the child and family
4258 plan in accordance with Subsection 62A-4a-205(6)(e); and
4259 (iii) identify verbally on the record, or in a written document provided to the parties,
4260 the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
4261 determination regarding the provision of reasonable efforts, in accordance with state and
4262 federal law.
4263 (b) If the parent is in a substance [
4264 certified drug court program:
4265 (i) the court may order the parent to submit to supplementary drug or alcohol testing in
4266 addition to the testing recommended by the parent's substance [
4267 based on a finding of reasonable suspicion that the parent is abusing drugs or alcohol; and
4268 (ii) the court may order the parent to provide the results of drug or alcohol testing
4269 recommended by the substance [
4270 (13) (a) The time period for reunification services may not exceed 12 months from the
4271 date that the minor was initially removed from the minor's home, unless the time period is
4272 extended under Subsection 78A-6-314(7).
4273 (b) Nothing in this section may be construed to entitle any parent to an entire 12
4274 months of reunification services.
4275 (14) (a) If reunification services are ordered, the court may terminate those services at
4276 any time.
4277 (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
4278 to be inconsistent with the final permanency plan for the minor established pursuant to Section
4279 78A-6-314, then measures shall be taken, in a timely manner, to:
4280 (i) place the minor in accordance with the permanency plan; and
4281 (ii) complete whatever steps are necessary to finalize the permanent placement of the
4282 minor.
4283 (15) Any physical custody of the minor by the parent or a relative during the period
4284 described in Subsections (11) through (14) does not interrupt the running of the period.
4285 (16) (a) If reunification services are ordered, a permanency hearing shall be conducted
4286 by the court in accordance with Section 78A-6-314 at the expiration of the time period for
4287 reunification services.
4288 (b) The permanency hearing shall be held no later than 12 months after the original
4289 removal of the minor.
4290 (c) If reunification services are not ordered, a permanency hearing shall be conducted
4291 within 30 days, in accordance with Section 78A-6-314.
4292 (17) With regard to a minor in the custody of the division whose parent or parents are
4293 ordered to receive reunification services but who have abandoned that minor for a period of six
4294 months from the date that reunification services were ordered:
4295 (a) the court shall terminate reunification services; and
4296 (b) the division shall petition the court for termination of parental rights.
4297 (18) When a court conducts a permanency hearing for a minor under Section
4298 78A-6-314, the court shall attempt to keep the minor's sibling group together if keeping the
4299 sibling group together is:
4300 (a) practicable; and
4301 (b) in accordance with the best interest of the minor.
4302 (19) (a) Because of the state's interest in and responsibility to protect and provide
4303 permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
4304 parent's interest in receiving reunification services is limited.
4305 (b) The court may determine that:
4306 (i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
4307 based on the individual circumstances; and
4308 (ii) reunification services should not be provided.
4309 (c) In determining "reasonable efforts" to be made with respect to a minor, and in
4310 making "reasonable efforts," the minor's health, safety, and welfare shall be the paramount
4311 concern.
4312 (20) There is a presumption that reunification services should not be provided to a
4313 parent if the court finds, by clear and convincing evidence, that any of the following
4314 circumstances exist:
4315 (a) the whereabouts of the parents are unknown, based upon a verified affidavit
4316 indicating that a reasonably diligent search has failed to locate the parent;
4317 (b) subject to Subsection (21)(a), the parent is suffering from a mental illness of such
4318 magnitude that it renders the parent incapable of utilizing reunification services;
4319 (c) the minor was previously adjudicated as an abused child due to physical abuse,
4320 sexual abuse, or sexual exploitation, and following the adjudication the minor:
4321 (i) was removed from the custody of the minor's parent;
4322 (ii) was subsequently returned to the custody of the parent; and
4323 (iii) is being removed due to additional physical abuse, sexual abuse, or sexual
4324 exploitation;
4325 (d) the parent:
4326 (i) caused the death of another minor through abuse or neglect;
4327 (ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
4328 (A) murder or manslaughter of a child; or
4329 (B) child abuse homicide;
4330 (iii) committed sexual abuse against the child;
4331 (iv) is a registered sex offender or required to register as a sex offender; or
4332 (v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
4333 child;
4334 (B) is identified by a law enforcement agency as the primary suspect in an investigation
4335 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
4336 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4337 recklessly causing the death of another parent of the child;
4338 (e) the minor suffered severe abuse by the parent or by any person known by the
4339 parent, if the parent knew or reasonably should have known that the person was abusing the
4340 minor;
4341 (f) the minor is adjudicated an abused child as a result of severe abuse by the parent,
4342 and the court finds that it would not benefit the minor to pursue reunification services with the
4343 offending parent;
4344 (g) the parent's rights are terminated with regard to any other minor;
4345 (h) the minor was removed from the minor's home on at least two previous occasions
4346 and reunification services were offered or provided to the family at those times;
4347 (i) the parent has abandoned the minor for a period of six months or longer;
4348 (j) the parent permitted the child to reside, on a permanent or temporary basis, at a
4349 location where the parent knew or should have known that a clandestine laboratory operation
4350 was located;
4351 (k) except as provided in Subsection (21)(b), with respect to a parent who is the child's
4352 birth mother, the child has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
4353 exposed to an illegal or prescription drug that was abused by the child's mother while the child
4354 was in utero, if the child was taken into division custody for that reason, unless the mother
4355 agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
4356 substance [
4357 (l) any other circumstance that the court determines should preclude reunification
4358 efforts or services.
4359 (21) (a) The finding under Subsection (20)(b) shall be based on competent evidence
4360 from at least two medical or mental health professionals, who are not associates, establishing
4361 that, even with the provision of services, the parent is not likely to be capable of adequately
4362 caring for the minor within 12 months after the day on which the court finding is made.
4363 (b) A judge may disregard the provisions of Subsection (20)(k) if the court finds, under
4364 the circumstances of the case, that the substance [
4365 Subsection (20)(k) is not warranted.
4366 (22) In determining whether reunification services are appropriate, the court shall take
4367 into consideration:
4368 (a) failure of the parent to respond to previous services or comply with a previous child
4369 and family plan;
4370 (b) the fact that the minor was abused while the parent was under the influence of
4371 drugs or alcohol;
4372 (c) any history of violent behavior directed at the child or an immediate family
4373 member;
4374 (d) whether a parent continues to live with an individual who abused the minor;
4375 (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
4376 (f) testimony by a competent professional that the parent's behavior is unlikely to be
4377 successful; and
4378 (g) whether the parent has expressed an interest in reunification with the minor.
4379 (23) (a) If reunification services are not ordered pursuant to Subsections (19) through
4380 (21), and the whereabouts of a parent become known within six months after the day on which
4381 the out-of-home placement of the minor is made, the court may order the division to provide
4382 reunification services.
4383 (b) The time limits described in Subsections (2) through (18) are not tolled by the
4384 parent's absence.
4385 (24) (a) If a parent is incarcerated or institutionalized, the court shall order reasonable
4386 services unless [
4387 (b) In making the determination described in Subsection (24)(a), the court shall
4388 consider:
4389 (i) the age of the minor;
4390 (ii) the degree of parent-child bonding;
4391 (iii) the length of the sentence;
4392 (iv) the nature of the treatment;
4393 (v) the nature of the crime or illness;
4394 (vi) the degree of detriment to the minor if services are not offered;
4395 (vii) for a minor 10 years old or older, the minor's attitude toward the implementation
4396 of family reunification services; and
4397 (viii) any other appropriate factors.
4398 (c) Reunification services for an incarcerated parent are subject to the time limitations
4399 imposed in Subsections (2) through (18).
4400 (d) Reunification services for an institutionalized parent are subject to the time
4401 limitations imposed in Subsections (2) through (18), unless the court determines that continued
4402 reunification services would be in the minor's best interest.
4403 (25) If, pursuant to Subsections (20)(b) through (l), the court does not order
4404 reunification services, a permanency hearing shall be conducted within 30 days, in accordance
4405 with Section 78A-6-314.
4406 Section 61. Section 78A-6-401 is amended to read:
4407 78A-6-401. Attorney general responsibility.
4408 [
4409
4410
4411
4412
4413
4414 [
4415
4416 [
4417
4418 [
4419 The attorney general's office shall represent the Division of Child and Family Services
4420 with regard to actions involving a minor who has not been adjudicated as abused or neglected,
4421 but who is [
4422
4423
4424
4425
4426 ordered to complete in-home family services under Section 78A-6-117.
4427 Section 62. Section 78A-6-602 is amended to read:
4428 78A-6-602. Petition -- Preliminary inquiry -- Nonjudicial adjustments -- Formal
4429 referral -- Citation -- Failure to appear.
4430 (1) A proceeding in a minor's case is commenced by petition, except as provided in
4431 Sections 78A-6-701, 78A-6-702, and 78A-6-703.
4432 [
4433
4434
4435
4436
4437
4438
4439 (2) (a) A peace officer or a public official of the state, a county, city, or town charged
4440 with the enforcement of the laws of the state or local jurisdiction shall file a formal referral
4441 with the juvenile court within 10 days of a minor's arrest. If the arrested minor is taken to a
4442 detention facility, the formal referral shall be filed with the juvenile court within 72 hours,
4443 excluding weekends and holidays. A formal referral under Section 53A-11-911 may not be
4444 filed with the juvenile court on an offense unless the offense is subject to referral under Section
4445 53A-11-911.
4446 (b) When the court is informed by a peace officer or other person that a minor is or
4447 appears to be within the court's jurisdiction, the probation department shall make a preliminary
4448 inquiry to determine whether [
4449
4450
4451
4452
4453 probation department and, if the minor is a child, the minor's parent, guardian, or custodian for
4454 the nonjudicial adjustment of the case [
4455
4456 nonjudicial adjustment if the minor:
4457 (i) is referred with a misdemeanor, infraction, or status offense;
4458 (ii) has fewer than three prior adjudications; and
4459 (iii) has no more than three prior unsuccessful nonjudicial adjustment attempts.
4460 (c) (i) Notwithstanding Subsection (2)(b), the probation department may conduct a
4461 validated risk and needs assessment, and if the results of that assessment indicate the youth is
4462 high risk, the probation department may request that the prosecutor review the referral
4462a Ĥ→ pursuant to Subsection (2)(g) ←Ĥ to
4463 determine whether to dismiss the referral or file a petition instead of offering a nonjudicial
4464 adjustment.
4465 (ii) The court's probation department, may offer a nonjudicial adjustment to any other
4466 minor who does not meet the criteria provided in Subsection (2)(b).
4467 (iii) Acceptance of an offer of nonjudicial adjustment may not be predicated on an
4468 admission of guilt.
4469 (iv) A minor may not be denied an offer of nonjudicial adjustment due to an inability to
4470 pay a financial penalty under Subsection (2)(d).
4471 [
4472 than 90 days without leave of a judge of the court, who may extend the period for an additional
4473 90 days.
4474 (d) The nonjudicial adjustment of a case may include conditions agreed upon as part of
4475 the nonjudicial closure:
4476 (i) payment of a financial penalty of not more than $250 to the juvenile court subject to
4477 the terms established under Subsection (2)(e);
4478 (ii) payment of victim restitution;
4479 (iii) satisfactory completion of compensatory service;
4480 (iv) referral to an appropriate provider for counseling or treatment;
4481 (v) attendance at substance [
4482 (vi) compliance with specified restrictions on activities and associations; and
4483 (vii) other reasonable actions that are in the interest of the child or minor and the
4484 community.
4485 [
4486
4487 (e) A fee, fine, or restitution included in a nonjudicial closure in accordance with
4488 Subsection (2)(d) shall be based upon the ability of the minor's family to pay as determined by
4489 a statewide sliding scale developed as provided in Section 63M-7-208.
4490 (f) If a minor fails to substantially comply with the conditions agreed upon as part of
4491 the nonjudicial closure, Ĥ→ or if a minor is not offered or declines a nonjudicial adjustment
4491a pursuant to Subsection (2)(b) or (2)(c)(ii), ←Ĥ the prosecutor shall review the case and take one
4491b of the following
4492 actions:
4493 (i) dismiss the case;
4494 (ii) refer the case back to the probation department for a new attempt at nonjudicial
4495 adjustment; or
4496 (iii) in accordance with Subsections (2)(h), file a petition with the court.
4497 (g) Notwithstanding Subsection (2)(f), a petition may only be filed upon reasonable
4498 belief that:
4499 (i) the charges are supported by probable cause;
4500 (ii) admissible evidence will be sufficient to support conviction beyond a reasonable
4501 doubt; and
4502 (iii) the decision to charge is in the interests of justice.
4503 (h) Failure to a pay a fine or fee may not serve as a basis for filing of a petition under
4504 Subsection (2)(f)(iii) if the minor has substantially complied with the other conditions agreed
4505 upon in accordance with Subsection (2)(d) or those imposed through any other court diversion
4506 program.
4507 [
4508 juvenile court [
4509 court-approved tobacco education program, which may include a participation fee.
4510 (j) If the prosecutor files a petition in court, the court may refer the case to the
4511 probation department for another offer of nonjudicial adjustment.
4512 (3) Except as provided in Sections 78A-6-701 and 78A-6-702, in the case of a minor
4513 14 years of age or older, the county attorney, district attorney, or attorney general may
4514 commence an action by filing a criminal information and a motion requesting the juvenile court
4515 to waive its jurisdiction and certify the minor to the district court.
4516 (4) (a) In cases of violations of wildlife laws, boating laws, class B and class C
4517 misdemeanors, other infractions or misdemeanors as designated by general order of the Board
4518 of Juvenile Court Judges, and violations of Section 76-10-105 subject to the jurisdiction of the
4519 juvenile court, a petition is not required and the issuance of a citation as provided in Section
4520 78A-6-603 is sufficient to invoke the jurisdiction of the court. A preliminary inquiry is [
4521 required [
4522 (b) Any failure to comply with the time deadline on a formal referral may not be the
4523 basis of dismissing the formal referral.
4524 Section 63. Section 78A-6-603 is amended to read:
4525 78A-6-603. Citation procedure -- Citation -- Offenses -- Time limits -- Failure to
4526 appear.
4527 (1) As used in this section, "citation" means an abbreviated referral and is sufficient to
4528 invoke the jurisdiction of the court in lieu of a petition.
4529 (2) A citation shall be submitted to the court within five days of [
4530 (3) [
4531 (a) the name and address of the juvenile court before which the minor [
4532 required to appear;
4533 (b) the name of the minor cited;
4534 (c) the statute or local ordinance that is alleged to have been violated;
4535 (d) a brief description of the offense charged;
4536 (e) the date, time, and location at which the offense is alleged to have occurred;
4537 (f) the date the citation was issued;
4538 (g) the name and badge or identification number of the peace officer or public official
4539 who issued the citation;
4540 (h) the name of the arresting person if an arrest was made by a private party and the
4541 citation was issued in lieu of taking the arrested minor into custody as provided in Section
4542 78A-6-112;
4543 (i) the date and time when the minor is to appear, or a statement that the minor and
4544 parent or legal guardian are to appear when notified by the juvenile court; and
4545 (j) the signature of the minor and the parent or legal guardian, if present, agreeing to
4546 appear at the juvenile court as designated on the citation.
4547 (4) [
4548 be entered if known:
4549 (a) the minor's address;
4550 (b) the minor's date of birth;
4551 (c) the name and address of the child's custodial parent or legal guardian, if different
4552 from the child; and
4553 (d) if there is a victim, the victim's name, address, and an estimate of loss, except that
4554 this information shall be removed from the documents the minor receives.
4555 (5) A citation received by the court beyond the time designated in Subsection (2) shall
4556 include a written explanation for the delay.
4557 (6) [
4558 to the juvenile court as a citation:
4559 (a) violations of wildlife laws;
4560 (b) violations of boating laws;
4561 (c) violations of curfew laws;
4562 (d) any class B misdemeanor or less traffic violations where the person is under the age
4563 of 16;
4564 (e) any class B or class C misdemeanor or infraction;
4565 (f) any other infraction or misdemeanor as designated by general order of the Board of
4566 Juvenile Court Judges; and
4567 (g) violations of Section 76-10-105 subject to the jurisdiction of the juvenile court.
4568 [
4569 [
4570
4571 [
4572
4573
4574
4575 (7) A minor offense defined under Section 78A-6-1202, alleged to have been
4576 committed by an enrolled child on school Ĥ→ [
4576a attendance, may only be
4577 sent to the prosecutor or the juvenile court in accordance with Section 53A-11-911.
4578 (8) A preliminary inquiry by the prosecutor, and if appropriate, the court, under Section
4579 78A-6-117 is required.
4580 (9) Subsection (5) may not apply to a runaway child.
4581 (10) (a) A minor receiving a citation described in this section shall appear at the
4582 juvenile court designated in the citation on the time and date specified in the citation or when
4583 notified by the juvenile court.
4584 (b) A citation may not require a minor to appear sooner than five days following its
4585 issuance.
4586 (11) A minor who receives a citation and willfully fails to appear before the juvenile
4587 court pursuant to a citation [
4588 court may proceed against the minor as provided in Section 78A-6-1101 [
4589
4590 (12) When a citation is issued under this section, bail may be posted and forfeited
4591 under Subsection 78A-6-113[
4592 (a) the court; and
4593 (b) if the minor is a child, the parent or legal guardian of the child cited.
4594 Section 64. Section 78A-6-604 is amended to read:
4595 78A-6-604. Minor held in detention -- Credit for good behavior.
4596 (1) [
4597 78A-6-117(2)(f) [
4598 period of detention. The rate of credit is one day for every three days served. The Division of
4599 Juvenile Justice Services shall, in accordance with Title 63G, Chapter 3, Utah Administrative
4600 Rulemaking Act, establish rules describing good behavior for which credit may be earned.
4601 (2) Any disposition including detention under Subsection 78A-6-117(2)(f) [
4602
4603 Section 65. Section 78A-6-606 is amended to read:
4604 78A-6-606. Suspension of license for certain offenses.
4605 (1) This section applies to a minor who is at least [
4606 a driver license under Section 53-3-204 when found by the court to be within its jurisdiction by
4607 the commission of an offense under:
4608 (a) Section 32B-4-409;
4609 (b) Section 32B-4-410;
4610 (c) Section 32B-4-411;
4611 (d) Section 58-37-8;
4612 (e) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
4613 (f) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
4614 (g) Subsection 76-9-701(1).
4615 (2) This section only applies when the minor is found by the court to be in actual
4616 physical control of a motor vehicle during the commission of one of the offenses under
4617 Subsection (1).
4618 [
4619 under Section 58-37-8 or Title 58, Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
4620 Imitation Controlled Substances Act, the court [
4621 License Division of the Department of Public Safety an order to suspend that minor's driving
4622 privileges.
4623 [
4624 privileges if the minor violated Section 32B-4-409, Section 32B-4-410, or Subsection
4625 76-9-701(1).
4626 (b) [
4627 reduce [
4628 (i) the violation is the minor's first violation of:
4629 (A) Section 32B-4-409;
4630 (B) Section 32B-4-410;
4631 (C) Section 58-37-8;
4632 (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
4633 (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
4634 (F) Subsection 76-9-701(1); and
4635 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
4636 (B) the minor demonstrates substantial progress in substance [
4637 treatment.
4638 (c) [
4639
4640 required under Section 53-3-219 if:
4641 (i) the violation is the minor's second or subsequent violation of:
4642 (A) Section 32B-4-409;
4643 (B) Section 32B-4-410;
4644 (C) Section 58-37-8;
4645 (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
4646 (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
4647 (F) Subsection 76-9-701(1);
4648 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
4649 demonstrated substantial progress in substance [
4650 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
4651 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
4652 consecutive period during the suspension period imposed under Subsection [
4653 (B) the person is under 18 years of age and has the person's parent or legal guardian
4654 provide an affidavit or sworn statement to the court certifying that to the parent or legal
4655 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
4656 one-year consecutive period during the suspension period imposed under Subsection [
4657 (4)(a).
4658 (d) If a minor commits a proof of age violation, as defined in Section 32B-4-411:
4659 (i) the court [
4660 Safety for a first or subsequent violation; and
4661 (ii) the minor's driving privileges will be suspended:
4662 (A) for a period of at least one year under Section 53-3-220 for a first conviction for a
4663 violation of Section 32B-4-411; or
4664 (B) for a period of two years for a second or subsequent conviction for a violation of
4665 Section 32B-4-411.
4666 (e) [
4667 the suspension period imposed under Subsection [
4668 (i) the violation is the minor's first violation of Section 32B-4-411; and
4669 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
4670 (B) the minor demonstrates substantial progress in substance [
4671 treatment.
4672 (f) [
4673 the suspension period imposed under Subsection [
4674 (i) the violation is the minor's second or subsequent violation of Section 32B-4-411;
4675 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
4676 demonstrated substantial progress in substance [
4677 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
4678 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
4679 consecutive period during the suspension period imposed under Subsection [
4680 or
4681 (B) the person is under 18 years of age and has the person's parent or legal guardian
4682 provide an affidavit or sworn statement to the court certifying that to the parent or legal
4683 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
4684 one-year consecutive period during the suspension period imposed under Subsection [
4685 (4)(d)(ii)(B).
4686 [
4687 issues an order suspending the minor's driving privileges in accordance with Subsection (2) for
4688 a violation of:
4689 (a) Section 32B-4-409;
4690 (b) Section 32B-4-410;
4691 (c) Section 58-37-8;
4692 (d) Title 58, Chapter 37a, Utah Drug Paraphernalia Act, or Title 37b, Imitation
4693 Controlled Substances Act; or
4694 (e) Subsection 76-9-701(1).
4695 [
4696 of a person for a driving offense committed while the person's license is suspended under this
4697 section, the Department of Public Safety shall extend the suspension for a like period of time.
4698 Section 66. Section 78A-6-701 is amended to read:
4699 78A-6-701. Jurisdiction of district court.
4700 (1) The district court has exclusive original jurisdiction over all persons 16 years of age
4701 or older charged with[
4702 committed by an adult[
4703 [
4704
4705 [
4706 [
4707 [
4708 [
4709 [
4710 [
4711 [
4712 [
4713 [
4714 [
4715
4716
4717
4718 (2) When the district court has exclusive original jurisdiction over a minor under this
4719 section, it also has exclusive original jurisdiction over the minor regarding all offenses joined
4720 with the qualifying offense, and any other offenses, including misdemeanors, arising from the
4721 same criminal episode. The district court is not divested of jurisdiction by virtue of the fact
4722 that the minor is allowed to enter a plea to, or is found guilty of, a lesser or joined offense.
4723 (3) (a) [
4724 which the district court takes jurisdiction under Subsection (1) or (2) shall be tried against the
4725 defendant as an adult in the district court or justice court having jurisdiction.
4726 (b) If the qualifying charge under Subsection (1) results in an acquittal, a finding of not
4727 guilty, or a dismissal of the charge in the district court, the juvenile court under Section
4728 78A-6-103 and the Division of Juvenile Justice Services regain any jurisdiction and authority
4729 previously exercised over the minor.
4730 (4) A minor arrested under this section shall be held in a juvenile detention facility
4731 until the district court determines where the minor shall be held until the time of trial, except
4732 for defendants who are otherwise subject to the authority of the Board of Pardons and Parole.
4733 (5) The district court shall consider the following when determining where the minor
4734 will be held until the time of trial:
4735 (a) the age of the minor;
4736 (b) the nature, seriousness, and circumstances of the alleged offense;
4737 (c) the minor's history of prior criminal acts;
4738 (d) whether detention in a juvenile detention facility will adequately serve the need for
4739 community protection pending the outcome of any criminal proceedings;
4740 (e) whether the minor's placement in a juvenile detention facility will negatively impact
4741 the functioning of the facility by compromising the goals of the facility to maintain a safe,
4742 positive, and secure environment for all minors within the facility;
4743 (f) the relative ability of the facility to meet the needs of the minor and protect the
4744 public;
4745 (g) whether the minor presents an imminent risk of harm to the minor or others within
4746 the facility;
4747 (h) the physical maturity of the minor;
4748 (i) the current mental state of the minor as evidenced by relevant mental health or
4749 psychological assessments or screenings that are made available to the court; and
4750 (j) any other factors the court considers relevant.
4751 (6) A minor ordered to a juvenile detention facility under Subsection (5) shall remain
4752 in the facility until released by a district court judge, or if convicted, until sentencing.
4753 (7) A minor held in a juvenile detention facility under this section shall have the same
4754 right to bail as any other criminal defendant.
4755 (8) If the minor ordered to a juvenile detention facility under Subsection (5) attains the
4756 age of 18 years, the minor shall be transferred within 30 days to an adult jail until released by
4757 the district court judge, or if convicted, until sentencing.
4758 (9) A minor 16 years of age or older whose conduct or condition endangers the safety
4759 or welfare of others in the juvenile detention facility may, by court order that specifies the
4760 reasons, be detained in another place of confinement considered appropriate by the court,
4761 including jail or other place of pretrial confinement for adults.
4762 Section 67. Section 78A-6-1101 is amended to read:
4763 78A-6-1101. Violation of order of court -- Contempt -- Penalty -- Enforcement of
4764 fine, fee, or restitution.
4765 (1) [
4766 be proceeded against for contempt of court.
4767 (2) [
4768 punished in accordance with Section 78B-6-310.
4769 (3) (a) [
4770 punished by [
4771
4772 including community placement or commitment to a secure facility, if the disposition is
4773 commitment to a secure detention pursuant to Subsection 78A-6-117(2)(f) for no longer than
4774 72 hours, excluding weekends and legal holidays.
4775 (b) [
4776 compliance with conditions imposed by the court.
4777 (4) [
4778 fees, or restitution through garnishments, wage withholdings, supplementary proceedings, or
4779 executions. An order described in this Subsection (4) may not be enforced through an order of
4780 detention, community placement, or commitment to a secure facility.
4781 Section 68. Section 78A-6-1202 is amended to read:
4782 78A-6-1202. Definitions.
4783 (1) "Adult" means a person 18 years of age or older.
4784 (2) (a) "Gang activity" means any criminal activity that is conducted as part of an
4785 organized youth gang. It includes any criminal activity that is done in concert with other gang
4786 members, or done alone if it is to fulfill gang purposes.
4787 (b) "Gang activity" does not include graffiti.
4788 (3) (a) "Minor offense" means any unlawful act that is a status offense or would be a
4789 [
4790 youth were an adult.
4791 (b) "Minor offense" does not include:
4792 [
4793 [
4794 [
4795 [
4796
4797 [
4798
4799 [
4800 [
4801 [
4802 [
4803 [
4804 [
4805
4806 (4) "Sponsoring entity" means any political subdivision of the state, including a school
4807 or school district, juvenile court, law enforcement agency, prosecutor's office, county, city, or
4808 town.
4809 (5) "Status offense" means a violation of the law that would not be a violation but for
4810 the age of the offender.
4811 (6) "Youth" means a person under the age of 18 years or who is 18 but still attending
4812 high school.
4813 Section 69. Section 78A-6-1203 is amended to read:
4814 78A-6-1203. Youth court -- Authorization -- Referral.
4815 (1) Youth court is a diversion program [
4816 for cases involving juvenile offenders in which youth participants, under the supervision of an
4817 adult coordinator, may serve in various capacities within the courtroom, acting in the role of
4818 jurors, lawyers, bailiffs, clerks, and judges.
4819 (a) Youth who appear before youth courts have been identified by law enforcement
4820 personnel, school officials, a prosecuting attorney, or the juvenile court as having committed
4821 acts which indicate a need for intervention to prevent further development toward juvenile
4822 delinquency, but which appear to be acts that can be appropriately addressed outside the
4823 juvenile court process.
4824 (b) Youth courts may only hear cases as provided for in this part.
4825 (c) Youth court is a diversion program and not a court established under the Utah
4826 Constitution, Article VIII.
4827 (2) A youth court may not accept referrals from law enforcement, schools, prosecuting
4828 attorneys, or a juvenile court unless the youth court is certified by the Utah Youth Court Board.
4829 (3) Any person may refer youth to a youth court for minor offenses or for any other
4830 eligible offense under Section 53A-11-911. Once a referral is made, the case shall be screened
4831 by an adult coordinator to determine whether it qualifies as a youth court case.
4832 (4) Youth courts have authority over youth:
4833 (a) referred for [
4834 other eligible offenses under Section 53A-11-911, or who are granted permission for referral
4835 under this part;
4836 (b) who, along with a parent, guardian, or legal custodian, voluntarily and in writing,
4837 request youth court involvement; and
4838 [
4839 [
4840
4841 [
4842 the youth court disposition of the case.
4843 (5) Except with permission granted under Subsection (6), or pursuant to Section
4844 53A-11-911, youth courts may not exercise authority over youth who are under the continuing
4845 jurisdiction of the juvenile court for law violations, including any youth who may have a matter
4846 pending which has not yet been adjudicated. Youth courts may, however, exercise authority
4847 over youth who are under the continuing jurisdiction of the juvenile court as set forth in this
4848 Subsection (5) if the offense before the youth court is not a law violation, and the referring
4849 agency has notified the juvenile court of the referral.
4850 (6) Youth courts may exercise authority over youth described in Subsection (5), and
4851 over any other offense with the permission of the juvenile court and the prosecuting attorney in
4852 the county or district that would have jurisdiction if the matter were referred to juvenile court.
4853 (7) Permission of the juvenile court may be granted by a probation officer of the court
4854 in the district that would have jurisdiction over the offense being referred to youth court.
4855 Ĥ→ [
4856 reason and may terminate a youth from youth court participation at any time. [
4857 [
4857a withdraw from
4858 the youth court process at any time. The youth court shall immediately notify the referring
4859 source of the withdrawal.
4860 Ĥ→ [
4860a for
4861 alternative handling at any time.
4862 Ĥ→ [
4863 subsequent referral of the case to any court.
4864 Ĥ→ [
4864a shared with the
4865 referring agency, juvenile court, and victim.
4866 Ĥ→ [
4866a court, and if
4867 the case is referred to a juvenile court, the youth court shall provide the case file to the juvenile
4868 court.
4869 Section 70. Section 78A-6-1207 is amended to read:
4870 78A-6-1207. Fees and expenses.
4871 (1) Youth courts may require that the youth pay a reasonable fee, not to exceed $50, to
4872 participate in youth court. This fee may be reduced or waived by the youth court in exigent
4873 circumstances and shall be based on the ability of the minor's family to pay as determined by a
4874 statewide sliding scale developed as provided in Section 63M-7-208. This fee shall be paid to
4875 and accounted for by the sponsoring entity. The fees collected shall be used for supplies and
4876 any training requirements.
4877 (2) Youth court participants are responsible for the all expenses of any classes,
4878 counseling, treatment, or other educational programs that are the disposition of the youth court.
4879 (3) Youth court participants may not be terminated unsuccessfully from youth court
4880 due to failure to pay related fees or expenses.
4881 Section 71. Section 78A-6-1302 is amended to read:
4882 78A-6-1302. Procedure -- Standard.
4883 (1) When a motion is filed pursuant to Section 78A-6-1301 raising the issue of a
4884 minor's competency to proceed, or when the court raises the issue of a minor's competency to
4885 proceed, the juvenile court in which proceedings are pending shall stay all delinquency
4886 proceedings.
4887 (2) If a motion for inquiry is opposed by either party, the court shall, prior to granting
4888 or denying the motion, hold a limited hearing solely for the purpose of determining the
4889 sufficiency of the motion. If the court finds that the allegations of incompetency raise a bona
4890 fide doubt as to the minor's competency to proceed, it shall enter an order for an evaluation of
4891 the minor's competency to proceed, and shall set a date for a hearing on the issue of the minor's
4892 competency.
4893 (3) After the granting of a motion, and prior to a full competency hearing, the court
4894 may order the Department of Human Services to evaluate the minor and to report to the court
4895 concerning the minor's mental condition.
4896 (4) The minor shall be evaluated by a mental health examiner with experience in
4897 juvenile forensic evaluations and juvenile brain development, who is not involved in the
4898 current treatment of the minor. If it becomes apparent that the minor may be not competent
4899 due to an intellectual disability or related condition, the examiner shall be experienced in
4900 intellectual disability or related condition evaluations of minors.
4901 (5) The petitioner or other party, as directed by the court, shall provide all information
4902 and materials to the examiners relevant to a determination of the minor's competency
4903 including:
4904 (a) the motion;
4905 (b) the arrest or incident reports pertaining to the charged offense;
4906 (c) the minor's known delinquency history information;
4907 (d) known prior mental health evaluations and treatments; and
4908 (e) consistent with 20 U.S.C. Sec. 1232g (b)(1)(E)(ii)(I), records pertaining to the
4909 minor's education.
4910 (6) The minor's parents or guardian, the prosecutor, defense attorney, and guardian ad
4911 litem, shall cooperate in providing the relevant information and materials to the examiners.
4912 (7) In conducting the evaluation and in the report determining if a minor is competent
4913 to proceed as defined in Subsection 78A-6-105[
4914 impact of a mental disorder, intellectual disability, or related condition on a minor's present
4915 capacity to:
4916 (a) comprehend and appreciate the charges or allegations;
4917 (b) disclose to counsel pertinent facts, events, or states of mind;
4918 (c) comprehend and appreciate the range and nature of possible penalties, if applicable,
4919 that may be imposed in the proceedings against the minor;
4920 (d) engage in reasoned choice of legal strategies and options;
4921 (e) understand the adversarial nature of the proceedings;
4922 (f) manifest appropriate courtroom behavior; and
4923 (g) testify relevantly, if applicable.
4924 (8) In addition to the requirements of Subsection (7), the examiner's written report
4925 shall:
4926 (a) identify the specific matters referred for evaluation;
4927 (b) describe the procedures, techniques, and tests used in the evaluation and the
4928 purpose or purposes for each;
4929 (c) state the examiner's clinical observations, findings, and opinions on each issue
4930 referred for evaluation by the court, and indicate specifically those issues, if any, on which the
4931 examiner could not give an opinion;
4932 (d) state the likelihood that the minor will attain competency and the amount of time
4933 estimated to achieve it; and
4934 (e) identify the sources of information used by the examiner and present the basis for
4935 the examiner's clinical findings and opinions.
4936 (9) The examiner shall provide an initial report to the court, the prosecuting and
4937 defense attorneys, and the guardian ad litem, if applicable, within 30 days of the receipt of the
4938 court's order. If the examiner informs the court that additional time is needed, the court may
4939 grant, taking into consideration the custody status of the minor, up to an additional 30 days to
4940 provide the report to the court and counsel. The examiner must provide the report within 60
4941 days from the receipt of the court's order unless, for good cause shown, the court authorizes an
4942 additional period of time to complete the evaluation and provide the report. The report shall
4943 inform the court of the examiner's opinion concerning the competency and the likelihood of the
4944 minor to attain competency within a year. In the alternative, the examiner may inform the court
4945 in writing that additional time is needed to complete the report.
4946 (10) Any statement made by the minor in the course of any competency evaluation,
4947 whether the evaluation is with or without the consent of the minor, any testimony by the
4948 examiner based upon any statement, and any other fruits of the statement may not be admitted
4949 in evidence against the minor in any delinquency or criminal proceeding except on an issue
4950 respecting the mental condition on which the minor has introduced evidence. The evidence
4951 may be admitted, however, where relevant to a determination of the minor's competency.
4952 (11) [
4953 minor and the parents or guardian of the limits of confidentiality as provided under Subsection
4954 (10).
4955 (12) When the report is received the court shall set a date for a competency hearing
4956 [
4957 enlarges the time for good cause.
4958 (13) A minor shall be presumed competent unless the court, by a preponderance of the
4959 evidence, finds the minor not competent to proceed. The burden of proof is upon the
4960 proponent of incompetency to proceed.
4961 (14) (a) Following the hearing, the court shall determine by a preponderance of
4962 evidence whether the minor is:
4963 (i) competent to proceed;
4964 (ii) not competent to proceed with a substantial probability that the minor may attain
4965 competency in the foreseeable future; or
4966 (iii) not competent to proceed without a substantial probability that the minor may
4967 attain competency in the foreseeable future.
4968 (b) If the court enters a finding pursuant to Subsection (14)(a)(i), the court shall
4969 proceed with the delinquency proceedings.
4970 (c) If the court enters a finding pursuant to Subsection (14)(a)(ii), the court shall
4971 proceed consistent with Section 78A-6-1303.
4972 (d) If the court enters a finding pursuant to Subsection (14)(a)(iii), the court shall
4973 terminate the competency proceeding, dismiss the delinquency charges without prejudice, and
4974 release the minor from any custody order related to the pending delinquency proceeding, unless
4975 the prosecutor informs the court that commitment proceedings pursuant to Title 62A, Chapter
4976 5, Services for People with Disabilities, or Title 62A, Chapter 15, Substance Abuse and Mental
4977 Health Act, will be initiated. These commitment proceedings shall be initiated within seven
4978 days after the court's order, unless the court enlarges the time for good cause shown. The
4979 minor may be ordered to remain in custody until the commitment proceedings have been
4980 concluded.
4981 (15) If the court finds the minor not competent to proceed, its order shall contain
4982 findings addressing each of the factors in Subsection (7).
4983 Section 72. Section 78A-7-106 is amended to read:
4984 78A-7-106. Jurisdiction.
4985 (1) Justice courts have jurisdiction over class B and C misdemeanors, violation of
4986 ordinances, and infractions committed within their territorial jurisdiction by a person 18 years
4987 of age or older.
4988 (2) Except those offenses over which the juvenile court has exclusive jurisdiction,
4989 justice courts have jurisdiction over the following offenses committed within their territorial
4990 jurisdiction by a person who is 16 or 17 years of age:
4991 (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
4992 Licensing Act; and
4993 (b) class B and C misdemeanor and infraction violations of:
4994 (i) Title 23, Wildlife Resources Code of Utah;
4995 (ii) Title 41, Chapter 1a, Motor Vehicle Act;
4996 (iii) Title 41, Chapter 6a, Traffic Code;
4997 (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
4998 Operators Act;
4999 (v) Title 41, Chapter 22, Off-Highway Vehicles;
5000 (vi) Title 73, Chapter 18, State Boating Act;
5001 (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
5002 (viii) Title 73, Chapter 18b, Water Safety; and
5003 (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
5004 Operators Act.
5005 (3) As used in this section, "the court's jurisdiction" means the territorial jurisdiction of
5006 a justice court.
5007 (4) An offense is committed within the territorial jurisdiction of a justice court if:
5008 (a) conduct constituting an element of the offense or a result constituting an element of
5009 the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
5010 itself unlawful;
5011 (b) either a person committing an offense or a victim of an offense is located within the
5012 court's jurisdiction at the time the offense is committed;
5013 (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
5014 within the court's jurisdiction;
5015 (d) a person commits any act constituting an element of an inchoate offense within the
5016 court's jurisdiction, including an agreement in a conspiracy;
5017 (e) a person solicits, aids, or abets, or attempts to solicit, aid, or abet another person in
5018 the planning or commission of an offense within the court's jurisdiction;
5019 (f) the investigation of the offense does not readily indicate in which court's
5020 jurisdiction the offense occurred, and:
5021 (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
5022 passing within the court's jurisdiction;
5023 (ii) (A) the offense is committed on or in any body of water bordering on or within this
5024 state if the territorial limits of the justice court are adjacent to the body of water; and
5025 (B) as used in Subsection (5)(f)(ii)(A), "body of water" includes any stream, river, lake,
5026 or reservoir, whether natural or man-made;
5027 (iii) a person who commits theft exercises control over the affected property within the
5028 court's jurisdiction; or
5029 (iv) the offense is committed on or near the boundary of the court's jurisdiction;
5030 (g) the offense consists of an unlawful communication that was initiated or received
5031 within the court's jurisdiction; or
5032 (h) jurisdiction is otherwise specifically provided by law.
5033 (5) A justice court judge may transfer a criminal matter in which the defendant is a
5034 child to the juvenile court for further proceedings if the justice court judge determines and the
5035 juvenile court concurs that the best interests of the minor would be served by the continuing
5036 jurisdiction of the juvenile court, subject to Section 78A-6-602.
5037 (6) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8,
5038 Small Claims Courts, if a defendant resides in or the debt arose within the territorial
5039 jurisdiction of the justice court.
5040 Section 73. Effective date.
5041 (1) Except as provided in Subsections (2) and (3), this bill takes effect on May 9, 2017.
5042 (2) The actions affecting the following sections take effect on August 1, 2017:
5043 (a) Section 32B-4-409;
5044 (b) Section 32B-4-410;
5045 (c) Section 32B-4-411;
5046 (d) Section 53A-1-403;
5047 (e) Section 53A-3-402;
5048 (f) Section 53A-11-101.7;
5049 (g) Section 53A-11-103;
5050 (h) Section 53A-11-105;
5051 (i) Section 53A-11-403;
5052 (j) Section 53A-11-901;
5053 (k) Section 53A-11-908;
5054 (l) Section 53A-11-910;
5055 (m) Section 53A-11-911;
5056 (n) Section 53A-11-1302;
5057 (o) Section 53A-11-1604;
5058 (p) Section 58-37-8;
5059 (q) Section 58-37a-7;
5060 (r) Section 58-37b-9;
5061 (s) Section 62A-4a-105;
5062 (t) Section 62A-4a-201;
5063 (u) Section 62A-4a-202;
5064 (v) Section 62A-4a-208;
5065 (w) Section 62A-4a-250;
5066 (x) Section 62A-7-101;
5067 (y) Section 62A-7-104;
5068 (z) Section 62A-7-109.5;
5069 (aa) Section 62A-7-201;
5070 (bb) Section 62A-7-202;
5071 (cc) Section 62A-7-404;
5072 (dd) Section 62A-7-501;
5073 (ee) Section 62A-7-504;
5074 (ff) Section 62A-7-506;
5075 (gg) Section 62A-7-601;
5076 (hh) Section 62A-7-701;
5077 (ii) Section 63M-7-208;
5078 (jj) Section 76-5-413;
5079 (kk) Section 76-9-701;
5080 (ll) Section 76-10-105;
5081 (mm) Section 78A-6-103;
5082 (nn) Section 78A-6-105;
5083 (oo) Section 78A-6-106.5;
5084 (pp) Section 78A-6-109;
5085 (qq) Section 78A-6-111;
5086 (rr) Section 78A-6-112;
5087 (ss) Section 78A-6-113;
5088 (tt) Section 78A-6-115;
5089 (uu) Section 78A-6-117;
5090 (vv) Section 78A-6-118;
5091 (ww) Section 78A-6-119;
5092 (xx) Section 78A-6-120;
5093 (yy) Section 78A-6-121;
5094 (zz) Section 78A-6-302;
5095 (aaa) Section 78A-6-306;
5096 (bbb) Section 78A-6-312;
5097 (ccc) Section 78A-6-401;
5098 (ddd) Section 78A-6-602;
5099 (eee) Section 78A-6-603;
5100 (fff) Section 78A-6-604;
5101 (ggg) Section 78A-6-606;
5102 (hhh) Section 78A-6-701;
5103 (iii) Section 78A-6-1101;
5104 (jjj) Section 78A-6-1202;
5105 (kkk) Section 78A-6-1203;
5106 (lll) Section 78A-6-1207;
5107 (mmm) Section 78A-6-1302; and
5108 (nnn) Section 78A-7-106.
5109 (3) The actions affecting the following sections take effect on July 1, 2018:
5110 (a) Section 17-18a-404;
5111 (b) Section 62A-7-107.5;
5112 (c) Section 78A-6-123; and
5113 (d) Section 78A-6-124.