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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 ▸ amends provisions related to powers and duties of local school boards, charter
16 school governing boards, school districts, or public school administrators;
17 ▸ addresses reporting of certain conduct;
18 ▸ addresses public school discipline policies;
19 ▸ modifies provisions related to rules addressing prohibited conduct;
20 ▸ enacts a tiered approach to disciplinary actions related to students;
21 ▸ amends provisions related to disruptive student behavior;
22 ▸ addresses contracts between LEAs and law enforcement for school resource officer
23 services;
24 ▸ modifies provisions related to controlled substances and prohibited acts;
25 ▸ modifies sentencing requirements for minors and drug paraphernalia and controlled
26 substances;
27 ▸ repeals language regarding programs and procedures for minors committed to the
28 custody of the Division of Child and Family Services;
29 ▸ amends provisions related to in-home services;
30 ▸ amends definition provisions;
31 ▸ modifies provisions related to the Division of Juvenile Justice Services;
32 ▸ modifies provisions related to restitution by a youth offender;
33 ▸ addresses location of detention facilities and services;
34 ▸ addresses commitment;
35 ▸ modifies provisions related to the Youth Parole Authority;
36 ▸ addresses discharge of youth offender;
37 ▸ addresses youth services for prevention and early intervention;
38 ▸ addresses community-based programs;
39 ▸ modifies provisions related to the Commission on Criminal and Juvenile Justice;
40 ▸ amends provisions related to minors and intoxication;
41 ▸ amends provisions related to the buying and possession of a cigar, cigarette,
42 electronic cigarette, or tobacco;
43 ▸ addresses the Utah Indigent Defense Commission;
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 right to counsel;
67 ▸ addresses the imposition of fees and expenses;
68 ▸ addresses jurisdiction of courts; and
69 ▸ makes technical and conforming amendments.
70 Money Appropriated in this Bill:
71 None
72 Other Special Clauses:
73 None
74 Utah Code Sections Affected:
75 AMENDS:
76 17-18a-404, as enacted by Laws of Utah 2013, Chapter 237
77 32B-4-409, as last amended by Laws of Utah 2015, Chapter 165
78 32B-4-410, as last amended by Laws of Utah 2015, Chapter 165
79 32B-4-411, as last amended by Laws of Utah 2015, Chapter 165
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 77-32-804, as enacted by Laws of Utah 2016, Chapter 177
116 78A-6-103, as last amended by Laws of Utah 2012, Chapter 316
117 78A-6-105, as last amended by Laws of Utah 2016, Chapters 109 and 351
118 78A-6-106, as renumbered and amended by Laws of Utah 2008, Chapter 3
119 78A-6-109, as last amended by Laws of Utah 2009, Chapter 388
120 78A-6-111, as renumbered and amended by Laws of Utah 2008, Chapter 3
121 78A-6-112, as renumbered and amended by Laws of Utah 2008, Chapter 3
122 78A-6-113, as last amended by Laws of Utah 2010, Chapter 38
123 78A-6-115, as last amended by Laws of Utah 2010, Chapter 34
124 78A-6-117, as last amended by Laws of Utah 2016, Chapter 418
125 78A-6-118, as renumbered and amended by Laws of Utah 2008, Chapter 3
126 78A-6-119, as renumbered and amended by Laws of Utah 2008, Chapter 3
127 78A-6-120, as last amended by Laws of Utah 2014, Chapter 217
128 78A-6-121, as renumbered and amended by Laws of Utah 2008, Chapter 3
129 78A-6-302, as last amended by Laws of Utah 2016, Chapter 231
130 78A-6-306, as last amended by Laws of Utah 2015, Chapter 274
131 78A-6-312, as last amended by Laws of Utah 2016, Chapter 231
132 78A-6-401, as renumbered and amended by Laws of Utah 2008, Chapter 3
133 78A-6-602, as last amended by Laws of Utah 2013, Chapter 237
134 78A-6-603, as renumbered and amended by Laws of Utah 2008, Chapter 3
135 78A-6-604, as renumbered and amended by Laws of Utah 2008, Chapter 3
136 78A-6-606, as last amended by Laws of Utah 2015, Chapters 165 and 258
137 78A-6-701, as last amended by Laws of Utah 2015, Chapter 338
138 78A-6-1101, as renumbered and amended by Laws of Utah 2008, Chapter 3
139 78A-6-1111, as last amended by Laws of Utah 2016, Chapters 33 and 177
140 78A-6-1202, as last amended by Laws of Utah 2010, Chapter 276
141 78A-6-1203, as last amended by Laws of Utah 2013, Chapter 27
142 78A-6-1207, as last amended by Laws of Utah 2013, Chapter 27
143 78A-6-1302, as last amended by Laws of Utah 2013, Chapter 278
144 78A-7-106, as last amended by Laws of Utah 2016, Chapter 33
145 ENACTS:
146 53A-11-911, Utah Code Annotated 1953
147 63M-7-208, Utah Code Annotated 1953
148 78A-6-123, Utah Code Annotated 1953
149 78A-6-124, Utah Code Annotated 1953
150
151 Be it enacted by the Legislature of the state of Utah:
152 Section 1. Section 17-18a-404 is amended to read:
153 17-18a-404. Juvenile proceedings.
154 For a proceeding involving a charge of juvenile delinquency, [
155 status offense, a prosecutor shall:
156 (1) review each case pursuant to Section 78A-6-602; and
157 (2) appear and prosecute for the state in the juvenile court of the county.
158 Section 2. Section 32B-4-409 is amended to read:
159 32B-4-409. Unlawful purchase, possession, consumption by minor -- Measurable
160 amounts in body.
161 (1) Unless specifically authorized by this title, it is unlawful for a minor to:
162 (a) purchase an alcoholic product;
163 (b) attempt to purchase an alcoholic product;
164 (c) solicit another person to purchase an alcoholic product;
165 (d) possess an alcoholic product;
166 (e) consume an alcoholic product; or
167 (f) have measurable blood, breath, or urine alcohol concentration in the minor's body.
168 (2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic
169 product for a minor for:
170 (a) a minor to misrepresent the minor's age; or
171 (b) any other person to misrepresent the age of a minor.
172 (3) It is unlawful for a minor to possess or consume an alcoholic product while riding
173 in a limousine or chartered bus.
174 (4) (a) If a minor is found by a court to have violated this section and the violation is
175 the minor's first violation of this section, the court may:
176 (i) order the minor to complete a screening as defined in Section 41-6a-501;
177 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
178 screening indicates an assessment to be appropriate; and
179 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
180 or substance [
181 (b) If a minor is found by a court to have violated this section and the violation is the
182 minor's second or subsequent violation of this section, the court shall:
183 (i) order the minor to complete a screening as defined in Section 41-6a-501;
184 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
185 screening indicates an assessment to be appropriate; and
186 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
187 or substance [
188 (5) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
189 found by a court to have violated this section, except as provided in Section 32B-4-411, the
190 court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
191 (b) Notwithstanding the provision in Subsection (5)(a), the court may reduce the
192 suspension period required under Section 53-3-219 if:
193 (i) the violation is the minor's first violation of this section; and
194 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
195 (B) the minor demonstrates substantial progress in substance [
196 treatment.
197 (c) Notwithstanding the requirement in Subsection (5)(a) and in accordance with the
198 requirements of Section 53-3-219, the court may reduce the suspension period required under
199 Section 53-3-219 if:
200 (i) the violation is the minor's second or subsequent violation of this section;
201 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
202 demonstrated substantial progress in substance [
203 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
204 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
205 consecutive period during the suspension period imposed under Subsection (5)(a); or
206 (B) the person is under 18 years of age and has the person's parent or legal guardian
207 provide an affidavit or sworn statement to the court certifying that to the parent or legal
208 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
209 one-year consecutive period during the suspension period imposed under Subsection (5)(a).
210 (6) When a minor who is [
211 found by the court to have violated this section, Section 78A-6-606 applies to the violation.
212 (7) Notwithstanding Subsections (5)(a) and (b), if a minor is adjudicated under Section
213 78A-6-117, the court may only order substance use disorder treatment or an educational series
214 if the minor has an assessed need for the intervention on the basis of the results of a validated
215 risk and needs assessment, as defined in Section 78A-6-105.
216 [
217 violation of this section, the Driver License Division shall suspend the person's license under
218 Section 53-3-219.
219 [
220 of a person for a driving offense committed while the person's license is suspended pursuant to
221 this section, the Department of Public Safety shall extend the suspension for an additional like
222 period of time.
223 [
224 in accordance with this title:
225 (a) for medicinal purposes if:
226 (i) the minor is at least 18 years old; or
227 (ii) the alcoholic product is furnished by:
228 (A) the parent or guardian of the minor; or
229 (B) the minor's health care practitioner, if the health care practitioner is authorized by
230 law to write a prescription; or
231 (b) as part of a religious organization's religious services.
232 Section 3. Section 32B-4-410 is amended to read:
233 32B-4-410. Unlawful admittance or attempt to gain admittance by minor.
234 (1) It is unlawful for a minor to gain admittance or attempt to gain admittance to the
235 premises of:
236 (a) a tavern; or
237 (b) a social club licensee, except to the extent authorized by Section 32B-6-406.1.
238 (2) A minor who violates this section is guilty of a class C misdemeanor.
239 (3) (a) If a minor is found by a court to have violated this section and the violation is
240 the minor's first violation of this section, the court may:
241 (i) order the minor to complete a screening as defined in Section 41-6a-501;
242 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
243 screening indicates an assessment to be appropriate; and
244 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
245 or substance [
246 (b) If a minor is found by a court to have violated this section and the violation is the
247 minor's second or subsequent violation of this section, the court shall:
248 (i) order the minor to complete a screening as defined in Section 41-6a-501;
249 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
250 screening indicates an assessment to be appropriate; and
251 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
252 or substance [
253 (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
254 found by a court to have violated this section, except as provided in Section 32B-4-411, the
255 court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
256 (b) Notwithstanding [
257 suspension period required under Section 53-3-219 if:
258 (i) the violation is the minor's first violation of this section; and
259 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
260 (B) the minor demonstrates substantial progress in substance [
261 treatment.
262 (c) Notwithstanding [
263
264 Section 53-3-219 if:
265 (i) the violation is the minor's second or subsequent violation of this section;
266 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
267 demonstrated substantial progress in substance [
268 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
269 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
270 consecutive period during the suspension period imposed under Subsection (4)(a); or
271 (B) the person is under 18 years of age and has the person's parent or legal guardian
272 provide an affidavit or sworn statement to the court certifying that to the parent or legal
273 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
274 one-year consecutive period during the suspension period imposed under Subsection (4)(a).
275 (5) When a minor who is [
276 found by a court to have violated this section, Section 78A-6-606 applies to the violation.
277 (6) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under Section
278 78A-6-117, the court may only order substance use disorder treatment or an educational series
279 if the minor has an assessed need for the intervention on the basis of the results of a validated
280 risk and needs assessment, as defined in Section 78A-6-105.
281 [
282 violation of this section, the Driver License Division shall suspend the person's license under
283 Section 53-3-219.
284 [
285 of a person for a driving offense committed while the person's license is suspended pursuant to
286 this section, the Department of Public Safety shall extend the suspension for an additional like
287 period of time.
288 Section 4. Section 32B-4-411 is amended to read:
289 32B-4-411. Minor's unlawful use of proof of age.
290 (1) As used in this section, "proof of age violation" means a violation by a minor of:
291 (a) Chapter 1, Part 4, Proof of Age Act; or
292 (b) if as part of the violation the minor uses a proof of age in violation of Chapter 1,
293 Part 4, Proof of Age Act:
294 (i) Section 32B-4-409; or
295 (ii) Section 32B-4-410.
296 (2) If a court finds a minor engaged in a proof of age violation, notwithstanding the
297 penalties provided for in Subsection (1):
298 (a) (i) for a first violation, the minor is guilty of a class B misdemeanor;
299 (ii) for a second violation, the minor is guilty of a class A misdemeanor; and
300 (iii) for a third or subsequent violation, the minor is guilty of a class A misdemeanor,
301 except that the court may impose:
302 (A) a fine of up to $5,000;
303 (B) screening, assessment, or substance [
304 Section 41-6a-501;
305 (C) an educational series, as defined in Section 41-6a-501;
306 (D) alcoholic product related community service or compensatory service work
307 program hours;
308 (E) fees for restitution and treatment costs;
309 (F) defensive driver education courses; or
310 (G) a combination of these penalties; and
311 (b) (i) for a minor who is [
312 (A) the court [
313 adjudication under Title 78A, Chapter 6, Juvenile Court Act [
314 this section; and
315 (B) the provisions regarding suspension of a driver license under Section 78A-6-606
316 apply; and
317 (ii) for a minor who is at least 18 years old, but younger than 21 years old:
318 (A) the court shall forward to the Driver License Division a record of conviction for a
319 violation under this section; and
320 (B) the Driver License Division shall suspend the person's license under Section
321 53-3-220.
322 (c) Notwithstanding Subsection (2)(a), if a minor is adjudicated under Section
323 78A-6-117, the court may order:
324 (i) substance use disorder treatment or an educational series only if the minor has an
325 assessed need for the intervention based on the results of a validated risk and needs assessment,
326 as defined in Section 78A-6-105; and
327 (ii) a fine, fee, service hours, or costs in accordance with Section 78A-6-117.
328 (3) (a) Notwithstanding [
329 the suspension period under Subsection 53-3-220(1)(e) or 78A-6-606(3)(d) if:
330 (i) the violation is the minor's first violation of [
331 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
332 (B) the minor demonstrates substantial progress in substance [
333 treatment.
334 (b) Notwithstanding the requirement in Subsection (2)(b), the court may reduce the
335 suspension period under Subsection 53-3-220(1)(e) or 78A-6-606(3)(d) if:
336 (i) the violation is the minor's second or subsequent violation of [
337 this section;
338 (ii) the person has completed an educational series as defined in Section 41-6a-501 or
339 demonstrated substantial progress in substance [
340 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
341 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
342 consecutive period during the suspension period imposed under Subsection 53-3-220(1)(e) or
343 78A-6-606(3)(d); or
344 (B) the minor is under 18 years of age and has the minor's parent or legal guardian
345 provide an affidavit or sworn statement to the court certifying that to the parent or legal
346 guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least a
347 one-year consecutive period during the suspension period imposed under Subsection
348 53-3-220(1)(e) or 78A-6-606(3)(d).
349 (4) When the Department of Public Safety receives the arrest or conviction record of an
350 individual for a driving offense committed while the individual's license is suspended pursuant
351 to this section, the Department of Public Safety shall extend the suspension for an additional
352 like period of time.
353 (5) A court may not fail to enter a judgment of conviction under this section under a
354 plea in abeyance agreement.
355 Section 5. Section 53A-3-402 is amended to read:
356 53A-3-402. Powers and duties generally.
357 (1) [
358 (a) implement the core standards for Utah public schools [
359 materials that best correlate to the core standards for Utah public schools and graduation
360 requirements;
361 (b) administer tests, required by the State Board of Education, which measure the
362 progress of each student, and coordinate with the state superintendent and State Board of
363 Education to assess results and create plans to improve the student's progress, which shall be
364 submitted to the State Board of Education for approval;
365 (c) use progress-based assessments as part of a plan to identify schools, teachers, and
366 students that need remediation and determine the type and amount of federal, state, and local
367 resources to implement remediation;
368 (d) develop early warning systems for students or classes failing to make progress;
369 (e) work with the State Board of Education to establish a library of documented best
370 practices, consistent with state and federal regulations, for use by the local districts; and
371 (f) implement training programs for school administrators, including basic
372 management training, best practices in instructional methods, budget training, staff
373 management, managing for learning results and continuous improvement, and how to help
374 every child achieve optimal learning in basic academic subjects.
375 (2) Local school boards shall spend minimum school program funds for programs and
376 activities for which the State Board of Education has established minimum standards or rules
377 under Section 53A-1-402.
378 (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
379 and equipment and construct, erect, and furnish school buildings.
380 (b) School sites or buildings may only be conveyed or sold on board resolution
381 affirmed by at least two-thirds of the members.
382 (4) (a) A board may participate in the joint construction or operation of a school
383 attended by children residing within the district and children residing in other districts either
384 within or outside the state.
385 (b) Any agreement for the joint operation or construction of a school shall:
386 (i) be signed by the president of the board of each participating district;
387 (ii) include a mutually agreed upon pro rata cost; and
388 (iii) be filed with the State Board of Education.
389 (5) A board may establish, locate, and maintain elementary, secondary, and applied
390 technology schools.
391 (6) Except as provided in Section 53A-1-1001, a board may enroll children in school
392 who are at least five years of age before September 2 of the year in which admission is sought.
393 (7) A board may establish and support school libraries.
394 (8) A board may collect damages for the loss, injury, or destruction of school property.
395 (9) A board may authorize guidance and counseling services for children and their
396 parents or guardians [
397 schools.
398 (10) (a) A board shall administer and implement federal educational programs in
399 accordance with Title 53A, Chapter 1, Part 9, Implementing Federal or National Education
400 Programs Act.
401 (b) Federal funds are not considered funds within the school district budget under Title
402 53A, Chapter 19, Public School Budgets.
403 (11) (a) A board may organize school safety patrols and adopt rules under which the
404 patrols promote student safety.
405 (b) A student appointed to a safety patrol shall be at least 10 years old and have written
406 parental consent for the appointment.
407 (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
408 of a highway intended for vehicular traffic use.
409 (d) Liability may not attach to a school district, its employees, officers, or agents or to a
410 safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
411 the program by virtue of the organization, maintenance, or operation of a school safety patrol.
412 (12) (a) A board may on its own behalf, or on behalf of an educational institution for
413 which the board is the direct governing body, accept private grants, loans, gifts, endowments,
414 devises, or bequests that are made for educational purposes.
415 (b) These contributions are not subject to appropriation by the Legislature.
416 (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
417 citations for violations of Subsection 76-10-105(2).
418 (b) A person may not be appointed to serve as a compliance officer without the
419 person's consent.
420 (c) A teacher or student may not be appointed as a compliance officer.
421 (14) A board shall adopt bylaws and rules for [
422 (15) (a) A board shall make and enforce rules necessary for the control and
423 management of the district schools.
424 (b) [
425 public access.
426 (16) A board may hold school on legal holidays other than Sundays.
427 (17) (a) [
428 committee to implement this Subsection (17).
429 (b) The committee shall be composed of one representative of:
430 (i) the schools within the district;
431 (ii) the Parent Teachers' Association of the schools within the district;
432 (iii) the municipality or county;
433 (iv) state or local law enforcement; and
434 (v) state or local traffic safety engineering.
435 (c) The committee shall:
436 (i) receive suggestions from school community councils, parents, teachers, and others
437 and recommend school traffic safety improvements, boundary changes to enhance safety, and
438 school traffic safety program measures;
439 (ii) review and submit annually to the Department of Transportation and affected
440 municipalities and counties a child access routing plan for each elementary, middle, and junior
441 high school within the district;
442 (iii) consult the Utah Safety Council and the Division of Family Health Services and
443 provide training to all school children in kindergarten through grade six, within the district, on
444 school crossing safety and use; and
445 (iv) help ensure the district's compliance with rules made by the Department of
446 Transportation under Section 41-6a-303.
447 (d) The committee may establish subcommittees as needed to assist in accomplishing
448 its duties under Subsection (17)(c).
449 (18) (a) [
450 response plan to prevent and combat violence in [
451 school grounds, on its school vehicles, and in connection with school-related activities or
452 events.
453 (b) The plan shall:
454 (i) include prevention, intervention, and response components;
455 (ii) be consistent with the student conduct and discipline policies required for school
456 districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
457 (iii) require inservice training for all district and school building staff on what their
458 roles are in the emergency response plan;
459 (iv) provide for coordination with local law enforcement and other public safety
460 representatives in preventing, intervening, and responding to violence in the areas and activities
461 referred to in Subsection (18)(a); and
462 (v) include procedures to notify a student, to the extent practicable, who is off campus
463 at the time of a school violence emergency because the student is:
464 (A) participating in a school-related activity; or
465 (B) excused from school for a period of time during the regular school day to
466 participate in religious instruction at the request of the student's parent or guardian.
467 (c) The State Board of Education, through the state superintendent of public
468 instruction, shall develop comprehensive emergency response plan models that local school
469 boards may use, where appropriate, to comply with Subsection (18)(a).
470 (d) [
471 of Education that its plan has been practiced at the school level and presented to and reviewed
472 by its teachers, administrators, students, and their parents and local law enforcement and public
473 safety representatives.
474 (19) (a) [
475 treatment of sports-related injuries that occur during school sports practices and events.
476 (b) The plan may be implemented by each secondary school in the district that has a
477 sports program for students.
478 (c) The plan may:
479 (i) include emergency personnel, emergency communication, and emergency
480 equipment components;
481 (ii) require inservice training on the emergency response plan for school personnel who
482 are involved in sports programs in the district's secondary schools; and
483 (iii) provide for coordination with individuals and agency representatives who:
484 (A) are not employees of the school district; and
485 (B) would be involved in providing emergency services to students injured while
486 participating in sports events.
487 (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
488 review the plan each year and make revisions when required to improve or enhance the plan.
489 (e) The State Board of Education, through the state superintendent of public
490 instruction, shall provide local school boards with an emergency plan response model that local
491 boards may use to comply with the requirements of this Subsection (19).
492 (20) A board shall do all other things necessary for the maintenance, prosperity, and
493 success of the schools and the promotion of education.
494 (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
495 (i) hold a public hearing, as defined in Section 10-9a-103; and
496 (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
497 (b) The notice of a public hearing required under Subsection (21)(a) shall:
498 (i) indicate the:
499 (A) school or schools under consideration for closure or boundary change; and
500 (B) date, time, and location of the public hearing; and
501 (ii) at least 10 days [
502 (A) published:
503 (I) in a newspaper of general circulation in the area; and
504 (II) on the Utah Public Notice Website created in Section 63F-1-701; and
505 (B) posted in at least three public locations within the municipality or on the district's
506 official website.
507 (22) A board may implement a facility energy efficiency program established under
508 Title 11, Chapter 44, Performance Efficiency Act.
509 (23) A board shall establish or partner with a certified youth court program, in
510 accordance with Section 78A-6-1203, or establish or partner with a comparable restorative
511 justice program, to operate within the school setting. A school shall refer a student to youth
512 court or a comparable restorative justice program in accordance with Section 53A-11-911.
513 (24) (a) A board shall authorize and establish procedures to create a multidisciplinary
514 team to respond to a student who fails to comply with the program or the agreement reached
515 through youth court or a comparable restorative justice program in accordance with Section
516 53A-11-911.
517 (b) A multidisciplinary team shall include:
518 (i) the minor;
519 (ii) the minor's parent, guardian, or custodial relative;
520 (iii) a school administrator or the school administrator's designee;
521 (iv) a clinician who has training and experience coordinating behavioral or mental
522 health treatment for juveniles if a clinician is available; and
523 (v) any other person or agency representative who is needed to assist in providing
524 recommendations for the particular needs of the minor and family.
525 Section 6. Section 53A-11-101.7 is amended to read:
526 53A-11-101.7. Truancy -- Notice of truancy -- Failure to cooperate with school
527 authorities.
528 (1) Except as provided in Section 53A-11-102 or 53A-11-102.5, a school-age minor
529 who is enrolled in a public school shall attend the public school in which the school-age minor
530 is enrolled.
531 (2) A local school board, charter school governing board, or school district may impose
532 administrative penalties on a school-age minor in accordance with Section 53A-11-911 who is
533 truant.
534 (3) A local school board or charter school governing board:
535 (a) may authorize a school administrator, a designee of a school administrator, a law
536 enforcement officer acting as a school resource officer, or a truancy specialist to issue notices
537 of truancy to school-age minors who are at least 12 years old; and
538 (b) shall establish a procedure for a school-age minor, or the school-age minor's
539 parents, to contest a notice of truancy.
540 (4) The notice of truancy described in Subsection (3):
541 (a) may not be issued until the school-age minor has been truant at least five times
542 during the school year;
543 (b) may not be issued to a school-age minor who is less than 12 years old;
544 (c) may not be issued to a minor exempt from school attendance as provided in Section
545 53A-11-102 or 53A-11-102.5;
546 (d) shall direct the school-age minor and the parent of the school-age minor to:
547 (i) meet with school authorities to discuss the school-age minor's truancies; and
548 (ii) cooperate with the school board, local charter board, or school district in securing
549 regular attendance by the school-age minor; and
550 (e) shall be mailed to, or served on, the school-age minor's parent.
551 [
552
553 [
554
555
556 [
557
558 [
559
560 [
561 [
562 [
563
564 [
565 [
566 [
567 [
568
569 [
570 [
571 [
572 board, or school district from taking action to resolve a truancy problem with a school-age
573 minor who has been truant less than five times, provided that the action does not conflict with
574 the requirements of this part.
575 [
576
577
578 Section 7. Section 53A-11-103 is amended to read:
579 53A-11-103. Duties of a school board, local charter board, or school district in
580 resolving attendance problems -- Parental involvement -- Liability not imposed.
581 (1) (a) Except as provided in Subsection (1)(b), a local school board, local charter
582 board, or school district shall make efforts to resolve the school attendance problems of each
583 school-age minor who is, or should be, enrolled in the school district.
584 (b) A minor exempt from school attendance under Section 53A-11-102 or
585 53A-11-102.5 is not considered to be a minor who is or should be enrolled in a school district
586 or charter school under Subsection (1)(a).
587 (2) The efforts described in Subsection (1) shall include, as reasonably feasible:
588 (a) counseling of the minor by school authorities;
589 (b) issuing a notice of truancy to a school-age minor who is at least 12 years old, in
590 accordance with Section 53A-11-101.7;
591 [
592 [
593 child, in accordance with Section 53A-11-101.5;
594 [
595 special needs of the minor;
596 [
597 [
598 [
599 [
600 available to assist the parent in resolving the school-age minor's attendance problems.
601 (3) In addition to the efforts described in Subsection (2), the local school board, local
602 charter board, or school district may enlist the assistance of community and law enforcement
603 agencies as appropriate and reasonably feasible in accordance with Section 53A-11-911.
604 (4) This section [
605 local school boards, local charter boards, school districts, or their employees.
606 (5) Proceedings initiated under this part do not obligate or preclude action by the
607 Division of Child and Family Services under Section 78A-6-319.
608 Section 8. Section 53A-11-105 is amended to read:
609 53A-11-105. Taking custody of a person believed to be a truant minor --
610 Disposition -- Reports -- Immunity from liability.
611 (1) A peace officer or public school administrator may take a minor into temporary
612 custody if there is reason to believe the minor is a truant minor.
613 (2) An individual taking a school-age minor into custody under Subsection (1) shall,
614 without unnecessary delay, release the minor to:
615 (a) the principal of the minor's school;
616 (b) a person who has been designated by the local school board or local charter board
617 to receive and return the minor to school; or
618 (c) a [
619 (3) If the minor refuses to return to school or go to the [
620 officer or administrator shall, without unnecessary delay, notify the minor's parents and release
621 the minor to their custody.
622 (4) If the parents cannot be reached or are unable or unwilling to accept custody and
623 none of the options in Subsection (2) are available, the minor shall be referred to the Division
624 of Child and Family Services.
625 (5) (a) A local school board or local charter board, singly or jointly with another school
626 board, may establish or designate [
627 and staff the centers with existing teachers or staff to provide educational guidance and
628 counseling for truant minors. Upon receipt of a truant minor, the center shall, without
629 unnecessary delay, notify and direct the minor's parents to come to the center, pick up the
630 minor, and return the minor to the school in which the minor is enrolled.
631 (b) If the parents cannot be reached or are unable or unwilling to comply with the
632 request within a reasonable time, the center shall take such steps as are reasonably necessary to
633 insure the safety and well being of the minor, including, when appropriate, returning the minor
634 to school or referring the minor to the Division of Child and Family Services. A minor taken
635 into custody under this section may not be placed in a detention center or other secure
636 confinement facility.
637 (6) Action taken under this section shall be reported to the appropriate school district.
638 The district shall promptly notify the minor's parents of the action taken.
639 (7) The Utah Governmental Immunity Act applies to all actions taken under this
640 section.
641 (8) Nothing in this section may be construed to grant authority to a public school
642 administrator to place a minor in the custody of the Division of Child and Family Services,
643 without complying with [
644 Services, [
645 Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings[
646
647 Section 9. Section 53A-11-403 is amended to read:
648 53A-11-403. Reporting procedure.
649 (1) The principal of a public school affected by this chapter shall appoint one educator
650 as the "designated educator" to make all reports required under Sections 53A-11-401 through
651 53A-11-404.
652 (2) The designated educator, upon receiving a report of a prohibited act from an
653 educator under Section 53A-11-402, shall immediately report the violation to the student's
654 parent or legal guardian, and may report the violation to an appropriate law enforcement
655 agency or official, in accordance with Section 53A-11-911.
656 (3) The designated educator may not disclose to the student or to the student's parent or
657 legal guardian the identity of the educator who made the initial report.
658 Section 10. Section 53A-11-901 is amended to read:
659 53A-11-901. Public school discipline policies -- Basis of the policies --
660 Enforcement.
661 (1) The Legislature recognizes that every student in the public schools should have the
662 opportunity to learn in an environment which is safe, conducive to the learning process, and
663 free from unnecessary disruption.
664 (2) (a) To foster such an environment, each local school board or governing board of a
665 charter school, with input from school employees, parents and guardians of students, students,
666 and the community at large, shall adopt conduct and discipline policies for the public schools
667 in accordance with Section 53A-11-911.
668 (b) [
669 student is expected:
670 (i) to follow accepted rules of conduct; and
671 (ii) to show respect for other people and to obey persons in authority at the school.
672 (c) (i) On or before September 1, 2015, the State Board of Education shall revise the
673 conduct and discipline policy models for elementary and secondary public schools to include
674 procedures for responding to reports received through the School Safety and Crisis Line under
675 Subsection 53A-11-1503(3).
676 (ii) Each district or charter school shall use the models, where appropriate, in
677 developing its conduct and discipline policies under this chapter.
678 (d) The policies shall emphasize that certain behavior, most particularly behavior
679 which disrupts, is unacceptable and may result in disciplinary action.
680 (3) The local superintendent and designated employees of the district or charter school
681 shall enforce the policies so that students demonstrating unacceptable behavior and their
682 parents or guardians understand that such behavior will not be tolerated and will be dealt with
683 in accordance with the district's conduct and discipline policies.
684 Section 11. Section 53A-11-908 is amended to read:
685 53A-11-908. Extracurricular activities -- Prohibited conduct -- Reporting of
686 violations -- Limitation of liability.
687 (1) The Legislature recognizes that:
688 (a) participation in student government and extracurricular activities may confer
689 important educational and lifetime benefits upon students, and encourages school districts and
690 charter schools to provide a variety of opportunities for all students to participate in such
691 activities in meaningful ways;
692 (b) there is no constitutional right to participate in these types of activities, and does
693 not through this section or any other provision of law create such a right;
694 (c) students who participate in student government and extracurricular activities,
695 particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
696 those activities, become role models for others in the school and community;
697 (d) these individuals often play major roles in establishing standards of acceptable
698 behavior in the school and community, and establishing and maintaining the reputation of the
699 school and the level of community confidence and support afforded the school; and
700 (e) it is of the utmost importance that those involved in student government, whether as
701 officers or advisors, and those involved in competitive athletics and related activities, whether
702 students or staff, comply with all applicable laws and rules of behavior and conduct themselves
703 at all times in a manner befitting their positions and responsibilities.
704 (2) (a) The State Board of Education may, and local boards of education and governing
705 boards of charter schools shall, adopt rules implementing this section that apply to both
706 students and staff.
707 (b) [
708 the following types of conduct in accordance with Section 53A-11-911, while in the classroom,
709 on school property, during school sponsored activities, or regardless of the location or
710 circumstance, affecting a person or property described in Subsections 53A-11-902(5)(a)
711 through (d):
712 (i) use of foul, abusive, or profane language while engaged in school related activities;
713 (ii) illicit use, possession, or distribution of controlled substances or drug
714 paraphernalia, and the use, possession, or distribution of an electronic cigarette as defined in
715 Section 76-10-101, tobacco, or alcoholic beverages contrary to law; and
716 (iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
717 behavior involving physical violence, restraint, improper touching, or inappropriate exposure
718 of body parts not normally exposed in public settings, forced ingestion of any substance, or any
719 act which would constitute a crime against a person or public order under Utah law.
720 (3) (a) School employees who reasonably believe that a violation of this section may
721 have occurred shall immediately report that belief to the school principal, district
722 superintendent, or chief administrative officer of a charter school.
723 (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
724 alleged incident, and actions taken in response, to the district superintendent or the
725 superintendent's designee within 10 working days after receipt of the report.
726 (c) Failure of a person holding a professional certificate to report as required under this
727 Subsection (3) constitutes an unprofessional practice.
728 (4) Limitations of liability set forth under Section 53A-11-1004 apply to this section.
729 Section 12. Section 53A-11-910 is amended to read:
730 53A-11-910. Disruptive student behavior.
731 (1) As used in this section:
732 (a) "Disruptive student behavior" includes:
733 (i) the grounds for suspension or expulsion described in Section 53A-11-904; and
734 (ii) the conduct described in Subsection 53A-11-908(2)(b).
735 (b) "Parent" includes:
736 (i) a custodial parent of a school-age minor;
737 (ii) a legally appointed guardian of a school-age minor; or
738 (iii) any other person purporting to exercise any authority over the minor which could
739 be exercised by a person described in Subsection (1)(b)(i) or (ii).
740 (c) "Qualifying minor" means a school-age minor who:
741 (i) is at least nine years old; or
742 (ii) turns nine years old at any time during the school year.
743 (d) "School year" means the period of time designated by a local school board or local
744 charter board as the school year for the school where the school-age minor is enrolled.
745 (2) A local school board, school district, governing board of a charter school, or charter
746 school may impose administrative penalties in accordance with Section 53A-11-911 on a
747 school-age minor who violates this part.
748 [
749 [
750
751 [
752
753 [
754
755 [
756
757 [
758
759 [
760 (i) authorize a school administrator or a designee of a school administrator to issue
761 notices of disruptive student behavior to qualifying minors; and
762 (ii) establish a procedure for a qualifying minor, or a qualifying minor's parent, to
763 contest a notice of disruptive student behavior.
764 (b) A school representative shall provide to a parent of a school-age minor, a list of
765 resources available to assist the parent in resolving the school-age minor's disruptive student
766 behavior problem.
767 (c) A local school board or governing board of a charter school shall establish
768 procedures for a school counselor or other designated school representative to work with a
769 qualifying minor who engages in disruptive student behavior in order to attempt to resolve the
770 minor's disruptive student behavior problems [
771
772 [
773 (a) shall be issued to a qualifying minor who:
774 (i) engages in disruptive student behavior, that does not result in suspension or
775 expulsion, three times during the school year; or
776 (ii) engages in disruptive student behavior, that results in suspension or expulsion, once
777 during the school year;
778 (b) shall require that the qualifying minor and a parent of the qualifying minor:
779 (i) meet with school authorities to discuss the qualifying minor's disruptive student
780 behavior; and
781 (ii) cooperate with the local school board or governing board of a charter school in
782 correcting the school-age minor's disruptive student behavior; and
783 [
784 [
785
786
787 [
788
789
790 [
791 minor.
792 [
793 (a) may only be issued to a qualifying minor who:
794 (i) engages in disruptive student behavior, that does not result in suspension or
795 expulsion, at least six times during the school year;
796 (ii) (A) engages in disruptive student behavior, that does not result in suspension or
797 expulsion, at least three times during the school year; and
798 (B) engages in disruptive student behavior, that results in suspension or expulsion, at
799 least once during the school year; or
800 (iii) engages in disruptive student behavior, that results in suspension or expulsion, at
801 least twice during the school year; and
802 (b) may only be issued by a school administrator, a designee of a school administrator,
803 or a truancy specialist, who is authorized by a local school board or governing board of a local
804 charter school to issue a habitual disruptive student behavior [
805 [
806 [
807 court [
808 (b) Within five days after the day on which a habitual disruptive student behavior
809 [
810 documentation, to a parent of the qualifying minor who receives the [
811 efforts made by a school counselor or representative under Subsection [
812 [
813
814
815
816 [
817 [
818
819 Section 13. Section 53A-11-911 is enacted to read:
820 53A-11-911. Tiered responses to school-based behavior.
821 (1) As used in this section:
822 (a) "Class A misdemeanor person offense" means a class A misdemeanor that involves
823 physical harm to a natural person.
824 (b) "Mobile crisis outreach team" means the same as that term is defined in Section
825 78A-6-105.
826 (c) "Nonperson class A misdemeanor" means a class A misdemeanor not involving
827 physical harm to a natural person.
828 (d) "Restorative justice program" means a school-based program that is designed to
829 enhance school safety, reduce school suspensions, and limit referrals to court, and is designed
830 to help minors take responsibility for and repair the harm of behavior that occurs in school.
831 (2) This section applies to a minor enrolled in school who is alleged to have committed
832 an offense either:
833 (a) on school grounds; or
834 (b) related to school attendance.
835 (3) If the alleged offense is a minor offense, as defined under Section 78A-6-1202, in
836 response to an alleged minor offense, the minor may be referred to alternative school-related
837 interventions, including:
838 (a) a mobile crisis outreach team, as defined in Section 78A-6-105;
839 (b) a receiving center operated by the Division of Juvenile Justice Services in
840 accordance with Section 62A-7-104; and
841 (c) a youth court or comparable restorative justice program.
842 (4) Except as provided in Subsection (5), if an offense alleged under Subsection (2) is a
843 class B misdemeanor or a nonperson class A misdemeanor, the following procedure applies:
844 (a) the school administrator or the school administrator's designee shall refer the minor
845 to a youth court in accordance with Section 78A-6-1203 or a comparable restorative justice
846 program within the school setting;
847 (b) if a minor under Subsection (3)(a) elects not to participate in the program or fails to
848 comply with the program or the agreement reached through youth court or a comparable
849 restorative justice program, the minor shall then be referred to a multi-disciplinary team
850 established by the school board, local charter board, or school in accordance with Section
851 53A-3-402;
852 (c) the multi-disciplinary team shall review each case referral and establish a plan to
853 reduce the likelihood of a referral to juvenile court; and
854 (d) the minor may only be referred to law enforcement, the court, or a prosecutor in
855 accordance with Section 78A-6-602 if the minor does not comply with the plan established by
856 the multi-disciplinary team.
857 (5) (a) The procedure under Subsection (4) does not apply if the offense alleged under
858 Subsection (2) is a class B misdemeanor or a class A misdemeanor and the offense is an
859 offense:
860 (i) against a person committed as part of gang activity; or
861 (ii) where a dangerous weapon, as defined in Subsection 76-1-601(5), is used in the
862 commission of the offense.
863 (b) In a case under this Subsection (5), or in the case of any class A misdemeanor
864 person offense or felony alleged under Subsection (2), the procedure under Subsection (4) may
865 be followed, or the offense may be referred directly to law enforcement, juvenile court, or a
866 prosecutor.
867 Section 14. Section 53A-11-1302 is amended to read:
868 53A-11-1302. Reporting of prohibited acts affecting a school -- Confidentiality.
869 (1) A person who has reasonable cause to believe that an individual has committed a
870 prohibited act shall, in accordance with Section 53A-11-911, immediately notify:
871 [
872 [
873 [
874 [
875 [
876 (2) If notice is given to a school official, the official may authorize an investigation
877 into allegations involving school property, students, or school district employees.
878 (3) [
879 prohibited act reported as occurring on school grounds or in connection with school-sponsored
880 activities to an appropriate law enforcement agency[
881
882 Section 53A-11-911.
883 (4) The identity of persons making reports pursuant to this section shall be kept
884 confidential.
885 Section 15. Section 53A-11-1604 is amended to read:
886 53A-11-1604. Contracts between an LEA and law enforcement for school
887 resource officer services -- Requirements.
888 (1) An LEA may contract with a law enforcement agency or an individual to provide
889 school resource officer services at the LEA if the LEA's governing authority reviews and
890 approves the contract.
891 (2) If an LEA contracts with a law enforcement agency or an individual to provide
892 SRO services at the LEA, the LEA's governing authority shall require in the contract:
893 (a) an acknowledgment by the law enforcement agency or the individual that an SRO
894 hired under the contract shall:
895 (i) provide for and maintain a safe, healthy, and productive learning environment in a
896 school;
897 (ii) act as a positive role model to students;
898 (iii) work to create a cooperative, proactive, and problem-solving partnership between
899 law enforcement and the LEA;
900 (iv) emphasize the use of restorative approaches to address negative behavior; and
901 (v) at the request of the LEA, teach a vocational law enforcement class;
902 (b) a description of the shared understanding of the LEA and the law enforcement
903 agency or individual regarding the roles and responsibilities of law enforcement and the LEA
904 to:
905 (i) maintain safe schools;
906 (ii) improve school climate; and
907 (iii) support educational opportunities for students;
908 (c) a designation of student offenses that the SRO shall confer with the LEA to resolve,
909 including an offense that:
910 (i) is a minor violation of the law; and
911 (ii) would not violate the law if the offense was committed by an adult;
912 (d) a designation of student offenses that are administrative issues that an SRO shall
913 refer to a school administrator for resolution in accordance with Section 53A-11-911;
914 (e) a detailed description of the rights of a student under state and federal law with
915 regard to:
916 (i) searches;
917 (ii) questioning; and
918 (iii) information privacy;
919 (f) a detailed description of:
920 (i) job duties;
921 (ii) training requirements; and
922 (iii) other expectations of the SRO and school administration in relation to law
923 enforcement at the LEA;
924 (g) that an SRO who is hired under the contract and the principal at the school where
925 an SRO will be working, or the principal's designee, will jointly complete the SRO training
926 described in Section 53A-11-1603; and
927 (h) if the contract is between an LEA and a law enforcement agency, that:
928 (i) both parties agree to jointly discuss SRO applicants; and
929 (ii) the law enforcement agency will accept feedback from an LEA about an SRO's
930 performance.
931 Section 16. Section 58-37-8 is amended to read:
932 58-37-8. Prohibited acts -- Penalties.
933 (1) Prohibited acts A -- Penalties and reporting:
934 (a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
935 intentionally:
936 (i) produce, manufacture, or dispense, or to possess with intent to produce,
937 manufacture, or dispense, a controlled or counterfeit substance;
938 (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
939 arrange to distribute a controlled or counterfeit substance;
940 (iii) possess a controlled or counterfeit substance with intent to distribute; or
941 (iv) engage in a continuing criminal enterprise where:
942 (A) the person participates, directs, or engages in conduct that results in any violation
943 of any provision of Title 58, Chapters 37, Utah Controlled Substances Act, 37a, Utah Drug
944 Paraphernalia Act, 37b, Imitation Controlled Substances Act, 37c, Utah Controlled Substance
945 Precursor Act, or 37d, Clandestine Drug Lab Act, that is a felony; and
946 (B) the violation is a part of a continuing series of two or more violations of Title 58,
947 Chapters 37, Utah Controlled Substances Act, 37a, Utah Drug Paraphernalia Act, 37b,
948 Imitation Controlled Substances Act, 37c, Utah Controlled Substance Precursor Act, or 37d,
949 Clandestine Drug Lab Act, on separate occasions that are undertaken in concert with five or
950 more persons with respect to whom the person occupies a position of organizer, supervisor, or
951 any other position of management.
952 (b) Any person convicted of violating Subsection (1)(a) with respect to:
953 (i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
954 substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
955 degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
956 subsequent conviction is guilty of a first degree felony;
957 (ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
958 marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree felony, and
959 upon a second or subsequent conviction is guilty of a second degree felony; or
960 (iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
961 class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
962 felony.
963 (c) Any person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii)
964 may be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier
965 of fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on [
966 the person or in [
967 furtherance of the offense, the court shall additionally sentence the person convicted for a term
968 of one year to run consecutively and not concurrently; and the court may additionally sentence
969 the person convicted for an indeterminate term not to exceed five years to run consecutively
970 and not concurrently.
971 (d) Any person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
972 felony punishable by imprisonment for an indeterminate term of not less than seven years and
973 which may be for life. Imposition or execution of the sentence may not be suspended, and the
974 person is not eligible for probation.
975 (e) The Administrative Office of the Courts shall report to the Division of
976 Occupational and Professional Licensing the name, case number, date of conviction, and if
977 known, the date of birth of each person convicted of violating Subsection (2)(a).
978 (2) Prohibited acts B -- Penalties and reporting:
979 (a) It is unlawful:
980 (i) for any person knowingly and intentionally to possess or use a controlled substance
981 analog or a controlled substance, unless it was obtained under a valid prescription or order,
982 directly from a practitioner while acting in the course of the person's professional practice, or as
983 otherwise authorized by this chapter;
984 (ii) for any owner, tenant, licensee, or person in control of any building, room,
985 tenement, vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to
986 be occupied by persons unlawfully possessing, using, or distributing controlled substances in
987 any of those locations; or
988 (iii) for any person knowingly and intentionally to possess an altered or forged
989 prescription or written order for a controlled substance.
990 (b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
991 (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
992 or
993 (ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
994 of a class A misdemeanor on a first or second conviction, and on a third or subsequent
995 conviction is guilty of a third degree felony.
996 (c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
997 conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
998 penalty than provided in this Subsection (2).
999 (d) Any person who violates Subsection (2)(a)(i) with respect to all other controlled
1000 substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
1001 58-37-4.2, or marijuana, is guilty of a class B misdemeanor. Upon a third conviction the
1002 person is guilty of a class A misdemeanor, and upon a fourth or subsequent conviction the
1003 person is guilty of a third degree felony.
1004 (e) Any person convicted of violating Subsection (2)(a)(i) while inside the exterior
1005 boundaries of property occupied by any correctional facility as defined in Section 64-13-1 or
1006 any public jail or other place of confinement shall be sentenced to a penalty one degree greater
1007 than provided in Subsection (2)(b), and if the conviction is with respect to controlled
1008 substances as listed in:
1009 (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
1010 indeterminate term as provided by law, and:
1011 (A) the court shall additionally sentence the person convicted to a term of one year to
1012 run consecutively and not concurrently; and
1013 (B) the court may additionally sentence the person convicted for an indeterminate term
1014 not to exceed five years to run consecutively and not concurrently; and
1015 (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
1016 indeterminate term as provided by law, and the court shall additionally sentence the person
1017 convicted to a term of six months to run consecutively and not concurrently.
1018 (f) Any person convicted of violating Subsection (2)(a)(ii) or(iii) is:
1019 (i) on a first conviction, guilty of a class B misdemeanor;
1020 (ii) on a second conviction, guilty of a class A misdemeanor; and
1021 (iii) on a third or subsequent conviction, guilty of a third degree felony.
1022 (g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
1023 amounting to a violation of Section 76-5-207:
1024 (i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person's
1025 body any measurable amount of a controlled substance; and
1026 (ii) operates a motor vehicle as defined in Section 76-5-207 in a negligent manner,
1027 causing serious bodily injury as defined in Section 76-1-601 or the death of another.
1028 (h) A person who violates Subsection (2)(g) by having in the person's body:
1029 (i) a controlled substance classified under Schedule I, other than those described in
1030 Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
1031 degree felony;
1032 (ii) marijuana, tetrahydrocannabinols, or equivalents described in Subsection
1033 58-37-4(2)(a)(iii)(S) or (AA), or a substance listed in Section 58-37-4.2 is guilty of a third
1034 degree felony; or
1035 (iii) any controlled substance classified under Schedules III, IV, or V is guilty of a class
1036 A misdemeanor.
1037 (i) A person is guilty of a separate offense for each victim suffering serious bodily
1038 injury or death as a result of the person's negligent driving in violation of Subsection
1039 [
1040 (j) The Administrative Office of the Courts shall report to the Division of Occupational
1041 and Professional Licensing the name, case number, date of conviction, and if known, the date
1042 of birth of each person convicted of violating Subsection (2)(a).
1043 (3) Prohibited acts C -- Penalties:
1044 (a) It is unlawful for any person knowingly and intentionally:
1045 (i) to use in the course of the manufacture or distribution of a controlled substance a
1046 license number which is fictitious, revoked, suspended, or issued to another person or, for the
1047 purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
1048 manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
1049 person;
1050 (ii) to acquire or obtain possession of, to procure or attempt to procure the
1051 administration of, to obtain a prescription for, to prescribe or dispense to any person known to
1052 be attempting to acquire or obtain possession of, or to procure the administration of any
1053 controlled substance by misrepresentation or failure by the person to disclose receiving any
1054 controlled substance from another source, fraud, forgery, deception, subterfuge, alteration of a
1055 prescription or written order for a controlled substance, or the use of a false name or address;
1056 (iii) to make any false or forged prescription or written order for a controlled substance,
1057 or to utter the same, or to alter any prescription or written order issued or written under the
1058 terms of this chapter; or
1059 (iv) to make, distribute, or possess any punch, die, plate, stone, or other thing designed
1060 to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
1061 device of another or any likeness of any of the foregoing upon any drug or container or labeling
1062 so as to render any drug a counterfeit controlled substance.
1063 (b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
1064 misdemeanor.
1065 (ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
1066 degree felony.
1067 (c) A violation of Subsection (3)(a)(iv) is a third degree felony.
1068 (4) Prohibited acts D -- Penalties:
1069 (a) Notwithstanding other provisions of this section, a person not authorized under this
1070 chapter who commits any act that is unlawful under Subsection (1)(a), Section 58-37a-5, or
1071 Section 58-37b-4 is upon conviction subject to the penalties and classifications under this
1072 Subsection (4) if the trier of fact finds the act is committed:
1073 (i) in a public or private elementary or secondary school or on the grounds of any of
1074 those schools during the hours of 6 a.m. through 10 p.m.;
1075 (ii) in a public or private vocational school or postsecondary institution or on the
1076 grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
1077 (iii) in or on the grounds of a preschool or child-care facility during the preschool's or
1078 facility's hours of operation;
1079 (iv) in a public park, amusement park, arcade, or recreation center when the public or
1080 amusement park, arcade, or recreation center is open to the public;
1081 (v) in or on the grounds of a house of worship as defined in Section 76-10-501;
1082 (vi) in or on the grounds of a library when the library is open to the public;
1083 (vii) within any area that is within 100 feet of any structure, facility, or grounds
1084 included in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
1085 (viii) in the presence of a person younger than 18 years of age, regardless of where the
1086 act occurs; or
1087 (ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
1088 distribution of a substance in violation of this section to an inmate or on the grounds of any
1089 correctional facility as defined in Section 76-8-311.3.
1090 (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
1091 and shall be imprisoned for a term of not less than five years if the penalty that would
1092 otherwise have been established but for this Subsection (4) would have been a first degree
1093 felony.
1094 (ii) Imposition or execution of the sentence may not be suspended, and the person is
1095 not eligible for probation.
1096 (c) If the classification that would otherwise have been established would have been
1097 less than a first degree felony but for this Subsection (4), a person convicted under this
1098 Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
1099 offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
1100 (d) (i) If the violation is of Subsection (4)(a)(ix):
1101 (A) the person may be sentenced to imprisonment for an indeterminate term as
1102 provided by law, and the court shall additionally sentence the person convicted for a term of
1103 one year to run consecutively and not concurrently; and
1104 (B) the court may additionally sentence the person convicted for an indeterminate term
1105 not to exceed five years to run consecutively and not concurrently; and
1106 (ii) the penalties under this Subsection (4)(d) apply also to any person who, acting with
1107 the mental state required for the commission of an offense, directly or indirectly solicits,
1108 requests, commands, coerces, encourages, or intentionally aids another person to commit a
1109 violation of Subsection (4)(a)(ix).
1110 (e) It is not a defense to a prosecution under this Subsection (4) that the actor
1111 mistakenly believed the individual to be 18 years of age or older at the time of the offense or
1112 was unaware of the individual's true age; nor that the actor mistakenly believed that the
1113 location where the act occurred was not as described in Subsection (4)(a) or was unaware that
1114 the location where the act occurred was as described in Subsection (4)(a).
1115 (5) Any violation of this chapter for which no penalty is specified is a class B
1116 misdemeanor.
1117 (6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
1118 guilty or no contest to a violation or attempted violation of this section or a plea which is held
1119 in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
1120 even if the charge has been subsequently reduced or dismissed in accordance with the plea in
1121 abeyance agreement.
1122 (b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
1123 conviction that is:
1124 (i) from a separate criminal episode than the current charge; and
1125 (ii) from a conviction that is separate from any other conviction used to enhance the
1126 current charge.
1127 (7) A person may be charged and sentenced for a violation of this section,
1128 notwithstanding a charge and sentence for a violation of any other section of this chapter.
1129 (8) (a) Any penalty imposed for violation of this section is in addition to, and not in
1130 lieu of, any civil or administrative penalty or sanction authorized by law.
1131 (b) Where violation of this chapter violates a federal law or the law of another state,
1132 conviction or acquittal under federal law or the law of another state for the same act is a bar to
1133 prosecution in this state.
1134 (9) In any prosecution for a violation of this chapter, evidence or proof that shows a
1135 person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
1136 substance or substances, is prima facie evidence that the person or persons did so with
1137 knowledge of the character of the substance or substances.
1138 (10) This section does not prohibit a veterinarian, in good faith and in the course of the
1139 veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
1140 administering controlled substances or from causing the substances to be administered by an
1141 assistant or orderly under the veterinarian's direction and supervision.
1142 (11) Civil or criminal liability may not be imposed under this section on:
1143 (a) any person registered under this chapter who manufactures, distributes, or possesses
1144 an imitation controlled substance for use as a placebo or investigational new drug by a
1145 registered practitioner in the ordinary course of professional practice or research; or
1146 (b) any law enforcement officer acting in the course and legitimate scope of the
1147 officer's employment.
1148 (12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
1149 as defined in Subsection 58-37-2(1)(v), who uses, possesses, or transports peyote for bona fide
1150 traditional ceremonial purposes in connection with the practice of a traditional Indian religion
1151 as defined in Subsection 58-37-2(1)(w).
1152 (b) In a prosecution alleging violation of this section regarding peyote as defined in
1153 Subsection 58-37-4(2)(a)(iii)(V), it is an affirmative defense that the peyote was used,
1154 possessed, or transported by an Indian for bona fide traditional ceremonial purposes in
1155 connection with the practice of a traditional Indian religion.
1156 (c) (i) The defendant shall provide written notice of intent to claim an affirmative
1157 defense under this Subsection (12) as soon as practicable, but not later than 10 days [
1158 before trial.
1159 (ii) The notice shall include the specific claims of the affirmative defense.
1160 (iii) The court may waive the notice requirement in the interest of justice for good
1161 cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
1162 (d) The defendant shall establish the affirmative defense under this Subsection (12) by
1163 a preponderance of the evidence. If the defense is established, it is a complete defense to the
1164 charges.
1165 (13) (a) It is an affirmative defense that the person produced, possessed, or
1166 administered a controlled substance listed in Section 58-37-4.2 if the person:
1167 (i) was engaged in medical research; and
1168 (ii) was a holder of a valid license to possess controlled substances under Section
1169 58-37-6.
1170 (b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
1171 a controlled substance listed in Section 58-37-4.2.
1172 (14) It is an affirmative defense that the person possessed, in the person's body, a
1173 controlled substance listed in Section 58-37-4.2 if:
1174 (a) the person was the subject of medical research conducted by a holder of a valid
1175 license to possess controlled substances under Section 58-37-6; and
1176 (b) the substance was administered to the person by the medical researcher.
1177 (15) The application of any increase in penalty under this section to a violation of
1178 Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
1179 Subsection (15) takes precedence over any conflicting provision of this section.
1180 (16) (a) It is an affirmative defense to an allegation of the commission of an offense
1181 listed in Subsection (16)(b) that the person:
1182 (i) reasonably believes that the person or another person is experiencing an overdose
1183 event due to the ingestion, injection, inhalation, or other introduction into the human body of a
1184 controlled substance or other substance;
1185 (ii) reports in good faith the overdose event to a medical provider, an emergency
1186 medical service provider as defined in Section 26-8a-102, a law enforcement officer, a 911
1187 emergency call system, or an emergency dispatch system, or the person is the subject of a
1188 report made under this Subsection (16);
1189 (iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
1190 actual location of the overdose event that facilitates responding to the person experiencing the
1191 overdose event;
1192 (iv) remains at the location of the person experiencing the overdose event until a
1193 responding law enforcement officer or emergency medical service provider arrives, or remains
1194 at the medical care facility where the person experiencing an overdose event is located until a
1195 responding law enforcement officer arrives;
1196 (v) cooperates with the responding medical provider, emergency medical service
1197 provider, and law enforcement officer, including providing information regarding the person
1198 experiencing the overdose event and any substances the person may have injected, inhaled, or
1199 otherwise introduced into the person's body; and
1200 (vi) is alleged to have committed the offense in the same course of events from which
1201 the reported overdose arose.
1202 (b) The offenses referred to in Subsection (16)(a) are:
1203 (i) the possession or use of less than 16 ounces of marijuana;
1204 (ii) the possession or use of a scheduled or listed controlled substance other than
1205 marijuana; and
1206 (iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
1207 Imitation Controlled Substances Act.
1208 (c) As used in this Subsection (16) and in Section 76-3-203.11, "good faith" does not
1209 include seeking medical assistance under this section during the course of a law enforcement
1210 agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
1211 (17) If any provision of this chapter, or the application of any provision to any person
1212 or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
1213 invalid provision or application.
1214 (18) A legislative body of a political subdivision may not enact an ordinance that is
1215 less restrictive than any provision of this chapter.
1216 (19) [
1217 this section [
1218 [
1219 [
1220 the screening indicates an assessment to be appropriate; and
1221 [
1222 41-6a-501 or substance [
1223 [
1224
1225
1226 [
1227 [
1228
1229 [
1230
1231 Section 17. Section 58-37a-7 is amended to read:
1232 58-37a-7. Sentencing requirements for minors.
1233 [
1234 chapter [
1235 minor to complete:
1236 [
1237 [
1238 the screening indicates an assessment to be appropriate; and
1239 [
1240 41-6a-501 or substance [
1241 [
1242
1243
1244 [
1245 [
1246
1247 [
1248
1249 Section 18. Section 58-37b-9 is amended to read:
1250 58-37b-9. Sentencing requirements for minors.
1251 [
1252 chapter [
1253 minor to complete:
1254 [
1255 [
1256 the screening indicates an assessment to be appropriate; and
1257 [
1258 41-6a-501 or substance [
1259 [
1260
1261 [
1262 [
1263
1264 [
1265
1266 Section 19. Section 62A-4a-105 is amended to read:
1267 62A-4a-105. Division responsibilities.
1268 (1) The division shall:
1269 (a) administer services to minors and families, including:
1270 (i) child welfare services;
1271 (ii) domestic violence services; and
1272 (iii) all other responsibilities that the Legislature or the executive director may assign
1273 to the division;
1274 (b) provide the following services:
1275 (i) financial and other assistance to an individual adopting a child with special needs
1276 under Part 9, Adoption Assistance, not to exceed the amount the division would provide for the
1277 child as a legal ward of the state;
1278 (ii) non-custodial and in-home services, including:
1279 (A) services designed to prevent family break-up; and
1280 (B) family preservation services;
1281 (iii) reunification services to families whose children are in substitute care in
1282 accordance with the requirements of this chapter and Title 78A, Chapter 6, Juvenile Court Act;
1283 (iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
1284 or neglect of a child in that family;
1285 (v) shelter care in accordance with the requirements of this chapter and Title 78A,
1286 Chapter 6, Juvenile Court Act;
1287 (vi) domestic violence services, in accordance with the requirements of federal law;
1288 (vii) protective services to victims of domestic violence, as defined in Section 77-36-1,
1289 and their children, in accordance with the provisions of this chapter and Title 78A, Chapter 6,
1290 Part 3, Abuse, Neglect, and Dependency Proceedings;
1291 (viii) substitute care for dependent, abused, neglected, and delinquent children;
1292 [
1293
1294 [
1295 smuggling as described in Sections 76-5-308 through 76-5-310 or who have engaged in
1296 prostitution or sexual solicitation as defined in Section 76-10-1302; and
1297 [
1298 services offered by the division in accordance with this chapter;
1299 (c) establish standards for all:
1300 (i) contract providers of out-of-home care for minors and families;
1301 (ii) facilities that provide substitute care for dependent, abused, neglected, and
1302 delinquent children placed in the custody of the division; and
1303 (iii) direct or contract providers of domestic violence services described in Subsection
1304 (1)(b)(vi);
1305 (d) have authority to:
1306 (i) contract with a private, nonprofit organization to recruit and train foster care
1307 families and child welfare volunteers in accordance with Section 62A-4a-107.5; and
1308 (ii) approve facilities that meet the standards established under Subsection (1)(c) to
1309 provide substitute care for dependent, abused, neglected, and delinquent children placed in the
1310 custody of the division;
1311 (e) cooperate with the federal government in the administration of child welfare and
1312 domestic violence programs and other human service activities assigned by the department;
1313 (f) in accordance with Subsection (2)(a), promote and enforce state and federal laws
1314 enacted for the protection of abused, neglected, dependent, delinquent, ungovernable, and
1315 runaway children, and status offenders, in accordance with the requirements of this chapter,
1316 unless administration is expressly vested in another division or department of the state;
1317 (g) cooperate with the Workforce Development Division in the Department of
1318 Workforce Services in meeting the social and economic needs of an individual who is eligible
1319 for public assistance;
1320 (h) compile relevant information, statistics, and reports on child and family service
1321 matters in the state;
1322 (i) prepare and submit to the department, the governor, and the Legislature reports of
1323 the operation and administration of the division in accordance with the requirements of
1324 Sections 62A-4a-117 and 62A-4a-118;
1325 (j) provide social studies and reports for the juvenile court in accordance with Section
1326 78A-6-605;
1327 (k) within appropriations from the Legislature, provide or contract for a variety of
1328 domestic violence services and treatment methods;
1329 (l) ensure regular, periodic publication, including electronic publication, regarding the
1330 number of children in the custody of the division who:
1331 (i) have a permanency goal of adoption; or
1332 (ii) have a final plan of termination of parental rights, pursuant to Section 78A-6-314,
1333 and promote adoption of those children;
1334 (m) subject to Subsection (2)(b), refer an individual receiving services from the
1335 division to the local substance abuse authority or other private or public resource for a
1336 court-ordered drug screening test; and
1337 (n) perform other duties and functions required by law.
1338 (2) (a) In carrying out the requirements of Subsection (1)(f), the division shall:
1339 (i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and
1340 with all public and private licensed child welfare agencies and institutions, to develop and
1341 administer a broad range of services and support;
1342 (ii) take the initiative in all matters involving the protection of abused or neglected
1343 children, if adequate provisions have not been made or are not likely to be made; and
1344 (iii) make expenditures necessary for the care and protection of the children described
1345 in this Subsection (2)(a), within the division's budget.
1346 (b) When an individual is referred to a local substance abuse authority or other private
1347 or public resource for court-ordered drug screening under Subsection (1)(n), the court shall
1348 order the individual to pay all costs of the tests unless:
1349 (i) the cost of the drug screening is specifically funded or provided for by other federal
1350 or state programs;
1351 (ii) the individual is a participant in a drug court; or
1352 (iii) the court finds that the individual is impecunious.
1353 (3) Except to the extent provided by rule, the division is not responsible for
1354 investigating domestic violence in the presence of a child, as described in Section 76-5-109.1.
1355 (4) The division may not require a parent who has a child in the custody of the division
1356 to pay for some or all of the cost of any drug testing the parent is required to undergo.
1357 Section 20. Section 62A-4a-201 is amended to read:
1358 62A-4a-201. Rights of parents -- Children's rights -- Interest and responsibility of
1359 state.
1360 (1) (a) Under both the United States Constitution and the constitution of this state, a
1361 parent possesses a fundamental liberty interest in the care, custody, and management of the
1362 parent's children. A fundamentally fair process must be provided to parents if the state moves
1363 to challenge or interfere with parental rights. A governmental entity must support any actions
1364 or allegations made in opposition to the rights and desires of a parent regarding the parent's
1365 children by sufficient evidence to satisfy a parent's constitutional entitlement to heightened
1366 protection against government interference with the parent's fundamental rights and liberty
1367 interests and, concomitantly, the right of the child to be reared by the child's natural parent.
1368 (b) The fundamental liberty interest of a parent concerning the care, custody, and
1369 management of the parent's children is recognized, protected, and does not cease to exist
1370 simply because a parent may fail to be a model parent or because the parent's child is placed in
1371 the temporary custody of the state. At all times, a parent retains a vital interest in preventing
1372 the irretrievable destruction of family life. Prior to an adjudication of unfitness, government
1373 action in relation to parents and their children may not exceed the least restrictive means or
1374 alternatives available to accomplish a compelling state interest. Until the state proves parental
1375 unfitness, and the child suffers, or is substantially likely to suffer, serious detriment as a result,
1376 the child and the child's parents share a vital interest in preventing erroneous termination of
1377 their natural relationship and the state cannot presume that a child and the child's parents are
1378 adversaries.
1379 (c) It is in the best interest and welfare of a child to be raised under the care and
1380 supervision of the child's natural parents. A child's need for a normal family life in a
1381 permanent home, and for positive, nurturing family relationships is usually best met by the
1382 child's natural parents. Additionally, the integrity of the family unit and the right of parents to
1383 conceive and raise their children are constitutionally protected. The right of a fit, competent
1384 parent to raise the parent's child without undue government interference is a fundamental
1385 liberty interest that has long been protected by the laws and Constitution and is a fundamental
1386 public policy of this state.
1387 (d) The state recognizes that:
1388 (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
1389 train, educate, provide and care for, and reasonably discipline the parent's children; and
1390 (ii) the state's role is secondary and supportive to the primary role of a parent.
1391 (e) It is the public policy of this state that parents retain the fundamental right and duty
1392 to exercise primary control over the care, supervision, upbringing, and education of their
1393 children.
1394 (f) Subsections (2) through (7) shall be interpreted and applied consistent with this
1395 Subsection (1).
1396 (2) It is also the public policy of this state that children have the right to protection
1397 from abuse and neglect, and that the state retains a compelling interest in investigating,
1398 prosecuting, and punishing abuse and neglect, as defined in this chapter, and in Title 78A,
1399 Chapter 6, Juvenile Court Act [
1400 in and responsibility to protect children whose parents abuse them or do not adequately provide
1401 for their welfare. There may be circumstances where a parent's conduct or condition is a
1402 substantial departure from the norm and the parent is unable or unwilling to render safe and
1403 proper parental care and protection. Under those circumstances, the state may take action for
1404 the welfare and protection of the parent's children.
1405 (3) When the division intervenes on behalf of an abused, neglected, or dependent child,
1406 it shall take into account the child's need for protection from immediate harm and the extent to
1407 which the child's extended family may provide needed protection. Throughout its involvement,
1408 the division shall utilize the least intrusive and least restrictive means available to protect a
1409 child, in an effort to ensure that children are brought up in stable, permanent families, rather
1410 than in temporary foster placements under the supervision of the state.
1411 (4) When circumstances within the family pose a threat to the child's immediate safety
1412 or welfare, the division may seek custody of the child for a planned, temporary period and
1413 place the child in a safe environment, subject to the requirements of this section and in
1414 accordance with the requirements of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
1415 Dependency Proceedings, and:
1416 (a) when safe and appropriate, return the child to the child's parent; or
1417 (b) as a last resort, pursue another permanency plan.
1418 (5) In determining and making "reasonable efforts" with regard to a child, pursuant to
1419 the provisions of Section 62A-4a-203, both the division's and the court's paramount concern
1420 shall be the child's health, safety, and welfare. The desires of a parent for the parent's child,
1421 and the constitutionally protected rights of a parent, as described in this section, shall be given
1422 full and serious consideration by the division and the court.
1423 (6) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
1424 abuse, or severe neglect are established, the state has no duty to make "reasonable efforts" or
1425 to, in any other way, attempt to maintain a child in the child's home, provide reunification
1426 services, or to attempt to rehabilitate the offending parent or parents. This Subsection (6) does
1427 not exempt the division from providing court-ordered services.
1428 (7) (a) In accordance with Subsection (1), the division shall strive to achieve
1429 appropriate permanency for children who are abused, neglected, or dependent. The division
1430 shall provide in-home services, where appropriate and safe, in an effort to help a parent to
1431 correct the behavior that resulted in abuse, neglect, or dependency of the parent's child. The
1432 division may pursue a foster placement only if in-home services fail or are otherwise
1433 insufficient or inappropriate, kinship placement is not safe or appropriate, or in-home services
1434 and kinship placement fail and cannot be corrected. The division shall also seek qualified
1435 extended family support or a kinship placement to maintain a sense of security and stability for
1436 the child.
1437 (b) If the use or continuation of "reasonable efforts," as described in Subsections (5)
1438 and (6), is determined to be inconsistent with the permanency plan for a child, then measures
1439 shall be taken, in a timely manner, to place the child in accordance with the permanency plan,
1440 and to complete whatever steps are necessary to finalize the permanent placement of the child.
1441 (c) Subject to the parental rights recognized and protected under this section, if,
1442 because of a parent's conduct or condition, the parent is determined to be unfit or incompetent
1443 based on the grounds for termination of parental rights described in Title 78A, Chapter 6, Part
1444 5, Termination of Parental Rights Act, the continuing welfare and best interest of the child is of
1445 paramount importance, and shall be protected in determining whether that parent's rights
1446 should be terminated.
1447 (8) The state's right to direct or intervene in the provision of medical or mental health
1448 care for a child is subject to Subsections 78A-6-105[
1449 Section 78A-6-301.5.
1450 Section 21. Section 62A-4a-202 is amended to read:
1451 62A-4a-202. In-home services for the preservation of families.
1452 (1) (a) Within appropriations from the Legislature and money obtained under
1453 Subsection (5), the division shall provide in-home services for the purpose of family
1454 preservation to any family with a child whose health and safety is not immediately endangered,
1455 when:
1456 (i) (A) the child is at risk of being removed from the home; or
1457 (B) the family is in crisis; and
1458 (ii) the division determines that it is reasonable and appropriate.
1459 (b) In determining whether in-home services are reasonable and appropriate, in keeping
1460 with [
1461 be the paramount concern.
1462 (c) The division shall consider whether the services described in Subsection (1)(b):
1463 (i) will be effective within a six-month period; and
1464 (ii) are likely to prevent continued abuse or neglect of the child.
1465 (2) (a) The division shall maintain a statewide inventory of in-home services available
1466 through public and private agencies or individuals for use by caseworkers.
1467 (b) The inventory described in Subsection (2)(a) shall include:
1468 (i) the method of accessing each service;
1469 (ii) eligibility requirements for each service;
1470 (iii) the geographic areas and the number of families that can be served by each
1471 service; and
1472 (iv) information regarding waiting lists for each service.
1473 (3) (a) As part of its in-home services for the preservation of families, the division shall
1474 provide in-home services in varying degrees of intensity and contact that are specific to the
1475 needs of each individual family.
1476 (b) As part of its in-home services, the division shall:
1477 (i) provide customized assistance;
1478 (ii) provide support or interventions that are tailored to the needs of the family;
1479 (iii) discuss the family's needs with the parent;
1480 (iv) discuss an assistance plan for the family with the parent; and
1481 (v) address:
1482 (A) the safety of children;
1483 (B) the needs of the family; and
1484 (C) services necessary to aid in the preservation of the family and a child's ability to
1485 remain in the home.
1486 (c) In-home services shall be, as practicable, provided within the region that the family
1487 resides, using existing division staff.
1488 (4) (a) The division may use specially trained caseworkers, private providers, or other
1489 persons to provide the in-home services described in Subsection (3).
1490 (b) The division shall allow a caseworker to be flexible in responding to the needs of
1491 each individual family, including:
1492 (i) limiting the number of families assigned; and
1493 (ii) being available to respond to assigned families within 24 hours.
1494 (5) To provide, expand, and improve the delivery of in-home services to prevent the
1495 removal of children from their homes and promote the preservation of families, the division
1496 shall make substantial effort to obtain funding, including:
1497 (a) federal grants;
1498 (b) federal waivers; and
1499 (c) private money.
1500 (6) The division shall provide in-home family services pursuant to an order under
1501 Section 78A-6-117.
1502 Section 22. Section 62A-4a-208 is amended to read:
1503 62A-4a-208. Child protection ombudsman -- Responsibility -- Authority.
1504 (1) As used in this section:
1505 (a) "Complainant" means a person who initiates a complaint with the ombudsman.
1506 (b) "Ombudsman" means the child protection ombudsman appointed pursuant to this
1507 section.
1508 (2) (a) There is created within the department the position of child protection
1509 ombudsman. The ombudsman shall be appointed by and serve at the pleasure of the executive
1510 director.
1511 (b) The ombudsman shall be:
1512 (i) an individual of recognized executive and administrative capacity;
1513 (ii) selected solely with regard to qualifications and fitness to discharge the duties of
1514 ombudsman; and
1515 (iii) have experience in child welfare, and in state laws and policies governing abused,
1516 neglected, and dependent children.
1517 (c) The ombudsman shall devote full time to the duties of office.
1518 (3) (a) Except as provided in Subsection (3)(b), the ombudsman shall, upon receipt of a
1519 complaint from any person, investigate whether an act or omission of the division with respect
1520 to a particular child:
1521 (i) is contrary to statute, rule, or policy;
1522 (ii) places a child's health or safety at risk;
1523 (iii) is made without an adequate statement of reason; or
1524 (iv) is based on irrelevant, immaterial, or erroneous grounds.
1525 (b) The ombudsman may decline to investigate any complaint. If the ombudsman
1526 declines to investigate a complaint or continue an investigation, the ombudsman shall notify
1527 the complainant and the division of the decision and of the reasons for that decision.
1528 (c) The ombudsman may conduct an investigation on the ombudsman's own initiative.
1529 (4) The ombudsman shall:
1530 (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1531 make rules that govern the following:
1532 (i) receiving and processing complaints;
1533 (ii) notifying complainants and the division regarding a decision to investigate or to
1534 decline to investigate a complaint;
1535 (iii) prioritizing workload;
1536 (iv) maximum time within which investigations shall be completed;
1537 (v) conducting investigations;
1538 (vi) notifying complainants and the division regarding the results of investigations; and
1539 (vii) making recommendations based on the findings and results of recommendations;
1540 (b) report findings and recommendations in writing to the complainant and the
1541 division, in accordance with the provisions of this section;
1542 (c) within appropriations from the Legislature, employ staff as may be necessary to
1543 carry out the ombudsman's duties under this part;
1544 (d) provide information regarding the role, duties, and functions of the ombudsman to
1545 public agencies, private entities, and individuals;
1546 (e) annually report to the:
1547 (i) Child Welfare Legislative Oversight Panel;
1548 (ii) governor;
1549 (iii) Division of Child and Family Services;
1550 (iv) executive director of the department; and
1551 (v) director of the division; and
1552 (f) as appropriate, make recommendations to the division regarding individual cases,
1553 and the rules, policies, and operations of the division.
1554 (5) (a) Upon rendering a decision to investigate a complaint, the ombudsman shall
1555 notify the complainant and the division of that decision.
1556 (b) The ombudsman may advise a complainant to pursue all administrative remedies or
1557 channels of complaint before pursuing a complaint with the ombudsman. Subsequent to
1558 processing a complaint, the ombudsman may conduct further investigations upon the request of
1559 the complainant or upon the ombudsman's own initiative. Nothing in this subsection precludes
1560 a complainant from making a complaint directly to the ombudsman before pursuing an
1561 administrative remedy.
1562 (c) If the ombudsman finds that an individual's act or omission violates state or federal
1563 criminal law, the ombudsman shall immediately report that finding to the appropriate county or
1564 district attorney or to the attorney general.
1565 (d) The ombudsman shall immediately notify the division if the ombudsman finds that
1566 a child needs protective custody[
1567 (e) The ombudsman shall immediately comply with Part 4, Child Abuse or Neglect
1568 Reporting Requirements.
1569 (6) (a) All records of the ombudsman regarding individual cases shall be classified in
1570 accordance with federal law and the provisions of Title 63G, Chapter 2, Government Records
1571 Access and Management Act. The ombudsman may make public a report prepared pursuant to
1572 this section in accordance with the provisions of Title 63G, Chapter 2, Government Records
1573 Access and Management Act.
1574 (b) The ombudsman shall have access to all of the department's written and electronic
1575 records and databases, including those regarding individual cases. In accordance with Title
1576 63G, Chapter 2, Government Records Access and Management Act, all documents and
1577 information received by the ombudsman shall maintain the same classification that was
1578 designated by the department.
1579 (7) (a) The ombudsman shall prepare a written report of the findings and
1580 recommendations, if any, of each investigation.
1581 (b) The ombudsman shall make recommendations to the division if the ombudsman
1582 finds that:
1583 (i) a matter should be further considered by the division;
1584 (ii) an administrative act should be addressed, modified, or canceled;
1585 (iii) action should be taken by the division with regard to one of its employees; or
1586 (iv) any other action should be taken by the division.
1587 Section 23. Section 62A-4a-250 is amended to read:
1588 62A-4a-250. Attorney general responsibility.
1589 [
1590
1591
1592
1593
1594 [
1595
1596
1597
1598 [
1599
1600 [
1601 The attorney general's office has the responsibility to represent the division with regard
1602 to actions involving minors [
1603 services under Section 78A-6-117. Nothing in this section may be construed to affect the
1604 responsibility of the county attorney or district attorney to represent the state in those matters,
1605 in accordance with Section 78A-6-115.
1606 Section 24. Section 62A-7-101 is amended to read:
1607 62A-7-101. Definitions.
1608 As used in this chapter:
1609 (1) "Authority" means the Youth Parole Authority, established in accordance with
1610 Section 62A-7-501.
1611 (2) "Board" means the Board of Juvenile Justice Services established in accordance
1612 with Section 62A-1-105.
1613 (3) "Community-based program" means a nonsecure residential or nonresidential
1614 program designated to supervise and rehabilitate youth offenders in accordance with
1615 Subsection 78A-6-117(2)(c) that prioritizes the least restrictive nonresidential setting,
1616 consistent with public safety, and designated or operated by or under contract with the division.
1617 (4) "Control" means the authority to detain, restrict, and supervise a youth in a manner
1618 consistent with public safety and the well being of the youth and division employees.
1619 (5) "Court" means the juvenile court.
1620 (6) "Delinquent act" is an act which would constitute a felony or a misdemeanor if
1621 committed by an adult.
1622 (7) "Detention" means secure detention or home detention.
1623 (8) "Detention center" means a facility established in accordance with Title 62A,
1624 Chapter 7, Part 2, Detention Facilities.
1625 (9) "Director" means the director of the Division of Juvenile Justice Services.
1626 (10) "Discharge" means a written order of the Youth Parole Authority that removes a
1627 youth offender from its jurisdiction.
1628 (11) "Division" means the Division of Juvenile Justice Services.
1629 (12) "Home detention" means predispositional placement of a child in the child's home
1630 or a surrogate home with the consent of the child's parent, guardian, or custodian for conduct
1631 by a child who is alleged to have committed a delinquent act or postdispositional placement
1632 pursuant to Subsection 78A-6-117(2)(f) or 78A-6-1101(3).
1633 (13) "Observation and assessment program" means a nonresidential service program
1634 operated or purchased by the division[
1635
1636 use disorder, mental health, psychological, and sexual behavior risk assessments.
1637 (14) "Parole" means a conditional release of a youth offender from residency in a
1638 secure facility to live outside that facility under the supervision of the Division of Juvenile
1639 Justice Services or other person designated by the division.
1640 (15) "Performance-based contracting" means a system of contracting with service
1641 providers for the provision of residential or nonresidential services that:
1642 (a) provides incentives for the implementation of evidence-based juvenile justice
1643 programs or programs rated as effective for reducing recidivism by a standardized tool pursuant
1644 to Section 63M-7-208; and
1645 (b) provides a premium rate allocation for a minor who receives the evidence-based
1646 dosage of treatment and successfully completes the program within three months.
1647 [
1648 by the division or under contract with the division that is responsible for juveniles taken into
1649 custody by a law enforcement officer for status offenses, infractions, or delinquent acts[
1650
1651 [
1652 rescinds a parole date.
1653 [
1654 that terminates parole supervision of a youth offender and directs return of the youth offender
1655 to the custody of a secure facility [
1656 hearing and a determination that there has been a violation of law or of a condition of parole
1657 that warrants a return to a secure facility in accordance with Section 62A-7-504.
1658 [
1659 guardian without the permission of the parent or guardian.
1660 [
1661 or under contract with the division, for conduct by a child who is alleged to have committed a
1662 delinquent act.
1663 [
1664 division, that provides 24-hour supervision and confinement for youth offenders committed to
1665 the division for custody and rehabilitation.
1666 [
1667 facilities pending court disposition or transfer to another jurisdiction.
1668 [
1669 nonadjudicated youth until the youth can be released to the parent, guardian, a responsible
1670 adult, or to an appropriate agency.
1671 (b) "Temporary custody" does not include a placement in a secure facility, including
1672 secure detention, or a residential community-based program operated or contracted by the
1673 division, except pursuant to Subsection 78A-6-117(2)(f)(iv)(B).
1674 [
1675 terminates a youth offender from parole.
1676 [
1677 conflict:
1678 (a) results in behavior that is beyond the control or ability of the youth, or the parent or
1679 guardian, to manage effectively;
1680 (b) poses a threat to the safety or well-being of the youth, the family, or others; or
1681 (c) results in the situations in both Subsections [
1682 [
1683 project established and administered by the division for youth offenders for the purpose of
1684 rehabilitation, education, and restitution to victims.
1685 [
1686 reached 21 years of age, committed or admitted by the juvenile court to the custody, care, and
1687 jurisdiction of the division, for confinement in a secure facility or supervision in the
1688 community, following adjudication for a delinquent act which would constitute a felony or
1689 misdemeanor if committed by an adult in accordance with Section 78A-6-117.
1690 [
1691 conflict:
1692 (i) for families in crisis when a minor is ungovernable or runaway; or
1693 (ii) involving a minor and the minor's parent or guardian.
1694 (b) These services include efforts to:
1695 (i) resolve family conflict;
1696 (ii) maintain or reunite minors with their families; and
1697 (iii) divert minors from entering or escalating in the juvenile justice system[
1698 (c) The services may provide:
1699 (i) crisis intervention;
1700 (ii) short-term shelter;
1701 (iii) time out placement; and
1702 (iv) family counseling.
1703 Section 25. Section 62A-7-104 is amended to read:
1704 62A-7-104. Division responsibilities.
1705 (1) The division is responsible for all youth offenders committed to [
1706 juvenile courts for secure confinement or supervision and treatment in the community in
1707 accordance with Section 78A-6-117.
1708 (2) The division shall:
1709 (a) establish and administer a continuum of community, secure, and nonsecure
1710 programs for all youth offenders committed to the division;
1711 (b) establish and maintain all detention and secure facilities and set minimum standards
1712 for those facilities;
1713 (c) establish and operate prevention and early intervention youth services programs for
1714 nonadjudicated youth placed with the division; and
1715 (d) establish observation and assessment programs necessary to serve youth offenders
1716 [
1717
1718
1719 (3) The division shall place youth offenders committed to it in the most appropriate
1720 program for supervision and treatment.
1721 (4) In any order committing a youth offender to the division, the juvenile court shall
1722 [
1723 Subsection 78A-6-117(2)(c), or placement in a community-based program[
1724 Subsection 78A-6-117(2)(c), and specify the criteria under Subsection 78A-6-117(2)(c) or (d)
1725 underlying the commitment. If the criteria under Subsection 78A-6-117(2)(c) or (d) have been
1726 met, the division shall place the youth offender in the most appropriate program within the
1727 category specified by the court.
1728 (5) The division shall employ staff necessary to:
1729 (a) supervise and control youth offenders in secure facilities or in the community;
1730 (b) supervise and coordinate treatment of youth offenders committed to the division for
1731 placement in community-based programs; and
1732 (c) control and supervise adjudicated and nonadjudicated youth placed with the
1733 division for temporary services in receiving centers, youth services, and other programs
1734 established by the division.
1735 (6) (a) Youth in the custody or temporary custody of the division are controlled or
1736 detained in a manner consistent with public safety and rules [
1737 division. In the event of an unauthorized leave from a secure facility, detention center,
1738 community-based program, receiving center, home, or any other designated placement,
1739 division employees have the authority and duty to locate and apprehend the youth, or to initiate
1740 action with local law enforcement agencies for assistance.
1741 (b) A rule made by the division under this Subsection (6) may not permit secure
1742 detention based on the existence of multiple status or nonstatus offenses alleged in the same
1743 criminal episode.
1744 (7) The division shall establish and operate compensatory-service work programs for
1745 youth offenders committed to the division by the juvenile court. The compensatory-service
1746 work program may not be residential and shall:
1747 (a) provide labor to help in the operation, repair, and maintenance of public facilities,
1748 parks, highways, and other programs designated by the division;
1749 (b) provide educational and prevocational programs in cooperation with the State
1750 Board of Education for youth offenders placed in the program; and
1751 (c) provide counseling to youth offenders.
1752 (8) The division shall establish minimum standards for the operation of all private
1753 residential and nonresidential rehabilitation facilities [
1754 who have committed a delinquent act[
1755 (9) In accordance with policies established by the board, the division shall provide
1756 regular training for staff of secure facilities, detention staff, case management staff, and staff of
1757 the community-based programs.
1758 (10) (a) The division is authorized to employ special function officers, as defined in
1759 Section 53-13-105, to locate and apprehend minors who have absconded from division
1760 custody, transport minors taken into custody pursuant to division policy, investigate cases, and
1761 carry out other duties as assigned by the division.
1762 (b) Special function officers may be employed through contract with the Department of
1763 Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
1764 (11) The division shall designate employees to obtain the saliva DNA specimens
1765 required under Section 53-10-403. The division shall ensure that the designated employees
1766 receive appropriate training and that the specimens are obtained in accordance with accepted
1767 protocol.
1768 (12) The division shall register with the Department of Corrections any person who:
1769 (a) has been adjudicated delinquent based on an offense listed in Subsection
1770 77-41-102(17)(a);
1771 (b) has been committed to the division for secure confinement; and
1772 (c) remains in the division's custody 30 days [
1773 birthday.
1774 (13) The division shall ensure that a program delivered to a youth offender under this
1775 section is evidence based in accordance with Section 63M-7-208.
1776 Section 26. Section 62A-7-107.5 is amended to read:
1777 62A-7-107.5. Contracts with private providers.
1778 (1) This chapter does not prohibit the division from contracting with private providers
1779 or other agencies for the construction, operation, and maintenance of juvenile facilities or the
1780 provision of care, treatment, and supervision of youth offenders who have been committed to
1781 the care of the division.
1782 (2) All programs for the care, treatment, and supervision of youth offenders committed
1783 to the division shall be licensed in compliance with division standards within six months after
1784 commencing operation.
1785 (3) A contract for the care, treatment, and supervision of a youth offender committed to
1786 the division shall be executed in accordance with the performance-based contracting system
1787 developed under Section 63M-7-208.
1788 Section 27. Section 62A-7-109.5 is amended to read:
1789 62A-7-109.5. Restitution by youth offender.
1790 (1) The division shall make reasonable efforts to ensure that restitution is made to the
1791 victim of a youth offender. Restitution shall be made through the employment of youth
1792 offenders in work programs. However, reimbursement to the victim of a youth offender is
1793 conditional upon that youth offender's involvement in the work program.
1794 (2) Restitution ordered by the court may be made a condition of release, placement, or
1795 parole by the division. [
1796
1797
1798
1799 (3) The division shall notify the juvenile court of all restitution paid to victims through
1800 the employment of youth offenders in work programs.
1801 Section 28. Section 62A-7-201 is amended to read:
1802 62A-7-201. Confinement -- Facilities -- Restrictions.
1803 (1) Children under 18 years of age, who are apprehended by any officer or brought
1804 before any court for examination under any provision of state law, may not be confined in jails,
1805 lockups, or cells used for persons 18 years of age or older who are charged with crime, or in
1806 secure postadjudication correctional facilities operated by the division, except as provided in
1807 Subsection (2), other specific statute, or in conformance with standards approved by the board.
1808 (2) (a) Children charged with crimes under Section 78A-6-701, as a serious youth
1809 offender under Section 78A-6-702 and bound over to the jurisdiction of the district court, or
1810 certified to stand trial as an adult pursuant to Section 78A-6-703, if detained, shall be detained
1811 as provided in these sections.
1812 (b) Children detained in adult facilities under Section 78A-6-702 or 78A-6-703 [
1813
1814 in certified juvenile detention accommodations in accordance with rules promulgated by the
1815 division. Those rules shall include standards for acceptable sight and sound separation from
1816 adult inmates. The division certifies facilities that are in compliance with the division's
1817 standards. [
1818 in an adult detention facility in accordance with Subsection (2)(a).
1819 (3) In areas of low density population, the division may, by rule, approve juvenile
1820 holding accommodations within adult facilities that have acceptable sight and sound
1821 separation. Those facilities shall be used only for short-term holding purposes, with a
1822 maximum confinement of six hours, for children alleged to have committed an act which
1823 would be a criminal offense if committed by an adult. Acceptable short-term holding purposes
1824 are: identification, notification of juvenile court officials, processing, and allowance of
1825 adequate time for evaluation of needs and circumstances regarding release or transfer to a
1826 shelter or detention facility. [
1827 juveniles held in an adult detention facility in accordance with Subsection (2)(a).
1828 (4) Children who are alleged to have committed an act [
1829 criminal offense if committed by an adult, may be detained in holding rooms in local law
1830 enforcement agency facilities for a maximum of two hours, for identification or interrogation,
1831 or while awaiting release to a parent or other responsible adult. Those rooms shall be certified
1832 by the division, according to the division's rules. Those rules shall include provisions for
1833 constant supervision and for sight and sound separation from adult inmates.
1834 (5) Willful failure to comply with [
1835 misdemeanor.
1836 (6) (a) The division is responsible for the custody and detention of children under 18
1837 years of age who require detention care [
1838 assignment to a home or facility, as a dispositional placement under Subsection
1839 78A-6-117(2)(f)(i) [
1840 62A-7-504[
1841 juveniles held in an adult detention facility in accordance with Subsection (2)(a).
1842 (b) The division shall provide standards for custody or detention under Subsections
1843 (2)(b), (3), and (4), and shall determine and set standards for conditions of care and
1844 confinement of children in detention facilities.
1845 (c) All other custody or detention shall be provided by the division, or by contract with
1846 a public or private agency willing to undertake temporary custody or detention upon agreed
1847 terms, or in suitable premises distinct and separate from the general jails, lockups, or cells used
1848 in law enforcement and corrections systems. [
1849 [
1850 Subsection (2)(a).
1851 Section 29. Section 62A-7-202 is amended to read:
1852 62A-7-202. Location of detention facilities and services.
1853 (1) The division shall provide detention facilities and services in each county, or group
1854 of counties, as the population demands, in accordance with [
1855 (2) The division[
1856 implementation, and administration of home detention services available to every judicial
1857 district, and shall establish criteria for placement on home detention.
1858 (3) (a) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
1859 Administrative Rulemaking Act, establishing standards for admission to secure detention and
1860 home detention programs.
1861 (b) The rules made under this Subsection (3) shall prioritize use of home detention for
1862 a minor who might otherwise be held in secure detention.
1863 (4) The division shall provide training regarding implementation of the rules to law
1864 enforcement agencies, division employees, juvenile court employees, and other affected
1865 agencies and individuals upon their request.
1866 Section 30. Section 62A-7-404 is amended to read:
1867 62A-7-404. Commitment -- Termination and review.
1868 (1) A youth offender who has been committed to a secure facility shall remain until the
1869 offender reaches the age of 21, is paroled, or is discharged.
1870 (2) A youth offender who has been committed to a secure facility shall appear before
1871 the authority within [
1872 establishment of parole release guidelines.
1873 (3) (a) For a youth offender committed to a secure facility, except a youth offender
1874 excluded under Subsection (5), the authority shall set a presumptive term of commitment that
1875 does not exceed three to six months.
1876 (b) The authority shall release the minor onto parole at the end of the presumptive term
1877 of commitment unless at least one the following circumstances exists:
1878 (i) termination would interrupt the completion of a necessary treatment program; or
1879 (ii) the youth commits a new misdemeanor or felony offense.
1880 (c) Completion of a program under Subsection (3)(b)(i) shall be determined by a
1881 minor's consistent attendance.
1882 (d) The authority may extend the length of commitment and delay parole release for the
1883 time needed to address the specific circumstance only if one of the circumstances under
1884 Subsection (3)(b) exists.
1885 (e) The length of the extension and the grounds for the extension shall be recorded and
1886 reported annually to the Commission on Criminal and Juvenile Justice.
1887 (4) (a) For a youth offender committed to a secure facility, except a youth offender
1888 excluded under Subsection (5), the authority shall set a presumptive term of parole supervision
1889 that does not exceed three to four months.
1890 (b) A minor whom the authority determines is unable to return home immediately upon
1891 release may serve the term of parole in the home of a qualifying relative or guardian, or at an
1892 independent living program contracted or operated by the division.
1893 (c) The authority shall release the minor from parole and terminate jurisdiction at the
1894 end of the presumptive term of parole unless at least one the following circumstances exists:
1895 (i) termination would interrupt the completion of a necessary treatment program;
1896 (ii) the youth commits a new misdemeanor or felony offense; or
1897 (iii) service hours have not been completed.
1898 (d) Completion of a program under Subsection (4)(c) shall be determined by a minor's
1899 consistent attendance.
1900 (e) If one of the circumstances under Subsection (4)(c) exists, the authority may delay
1901 parole release only for the time needed to address the specific circumstance.
1902 (f) Grounds for extension of the presumptive length of parole and the length of the
1903 extension shall be recorded and reported annually to the Commission on Criminal and Juvenile
1904 Justice.
1905 (g) In the event of an unauthorized leave lasting more than 24 hours, the term of parole
1906 shall toll until the minor returns.
1907 (5) Subsections (3) and (4) do not apply to a youth offender committed to a secure
1908 facility for:
1909 (a) Section 76-5-202, attempted aggravated murder;
1910 (b) Section 76-5-203, murder or attempted murder;
1911 (c) Section 76-5-405, aggravated sexual assault;
1912 (d) a felony violation of:
1913 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
1914 (ii) Section 76-5-302, aggravated kidnapping; or
1915 (iii) Section 76-6-103, aggravated arson;
1916 (e) Section 76-6-203, aggravated burglary;
1917 (f) Section 76-6-302, aggravated robbery;
1918 (g) Section 76-10-508.1, felony discharge of a firearm; or
1919 (h) an offense other than those listed in Subsections (5)(a) through (g) involving the
1920 use of a dangerous weapon that would be a felony if committed by an adult, and the minor has
1921 been previously adjudicated or convicted of an offense involving the use of a dangerous
1922 weapon that also would have been a felony if committed by an adult.
1923 (6) (a) The division may continue to have responsibility for any minor discharged
1924 under this section from parole until 21 years of age for the purposes of specific educational or
1925 rehabilitative programs, under conditions agreed upon by both the division and the minor and
1926 terminable by either.
1927 (b) The division shall offer the educational or rehabilitative program before the minor's
1928 discharge date as provided in this section.
1929 (c) Notwithstanding Subsection (6)(b), a minor may request and the division shall
1930 consider any such request for the services described in this section, for up to 90 days after the
1931 minor's effective date of discharge, even when the minor has previously declined services or
1932 services were terminated for noncompliance, and may reach an agreement with the minor,
1933 terminable by either, to provide the services described in this section until the minor attains the
1934 age of 21.
1935 Section 31. Section 62A-7-501 is amended to read:
1936 62A-7-501. Youth Parole Authority -- Expenses -- Responsibilities -- Procedures.
1937 (1) There is created within the division a Youth Parole Authority.
1938 (2) (a) The authority is composed of 10 part-time members and five pro tempore
1939 members who are residents of this state. No more than three pro tempore members may serve
1940 on the authority at any one time.
1941 (b) Throughout this section, the term "member" refers to both part-time and pro
1942 tempore members of the Youth Parole Authority.
1943 (3) (a) Except as required by Subsection (3)(b), members shall be appointed to
1944 four-year terms by the governor with the consent of the Senate.
1945 (b) The governor shall, at the time of appointment or reappointment, adjust the length
1946 of terms to ensure that the terms of authority members are staggered so that approximately half
1947 of the authority is appointed every two years.
1948 (4) Each member shall have training or experience in social work, law, juvenile or
1949 criminal justice, or related behavioral sciences.
1950 (5) When a vacancy occurs in the membership for any reason, the replacement member
1951 shall be appointed for the unexpired term.
1952 (6) During the tenure of [
1953 (a) be an employee of the department, other than in [
1954 member of the authority;
1955 (b) hold any public office;
1956 (c) hold any position in the state's juvenile justice system; or
1957 (d) be an employee, officer, advisor, policy board member, or subcontractor of any
1958 juvenile justice agency or its contractor.
1959 (7) In extraordinary circumstances or when a regular member is absent or otherwise
1960 unavailable, the chair may assign a pro tempore member to act in the absent member's place.
1961 (8) A member may not receive compensation or benefits for the member's service, but
1962 may receive per diem and travel expenses in accordance with:
1963 (a) Section 63A-3-106;
1964 (b) Section 63A-3-107; and
1965 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1966 63A-3-107.
1967 (9) The authority shall determine appropriate parole dates for youth offenders, based on
1968 guidelines established by the board and in accordance with Section 62A-7-404. The board
1969 shall review and update policy guidelines annually.
1970 (10) Youth offenders may be paroled to their own homes, [
1971
1972 independent living program contracted or operated by the division, to an approved independent
1973 living setting, or to other appropriate residences of qualifying relatives or guardians, but shall
1974 remain on parole until parole is terminated by the authority in accordance with Section
1975 62A-7-404.
1976 (11) The division's case management staff shall implement parole release plans and
1977 shall supervise youth offenders while on parole.
1978 (12) The division shall permit the authority to have reasonable access to youth
1979 offenders in secure facilities and shall furnish all pertinent data requested by the authority in
1980 matters of parole, revocation, and termination.
1981 Section 32. Section 62A-7-504 is amended to read:
1982 62A-7-504. Parole revocation -- Hearing -- Procedures.
1983 (1) The authority may revoke the parole of a youth offender only after a hearing and
1984 upon determination that there has been a violation of law or of a condition of parole by the
1985 youth offender [
1986 parole revocation hearing shall be held at a secure facility.
1987 (2) Before returning a youth offender to a secure facility for a parole revocation or
1988 rescission hearing, the division shall provide a prerevocation or prerescission hearing within
1989 the vicinity of the alleged violation, to determine whether there is probable cause to believe
1990 that the youth offender violated the conditions of [
1991 finding of probable cause, the youth offender may be remanded to a secure facility, pending a
1992 revocation hearing.
1993 (3) The authority shall only proceed with the parole revocation or rescission process in
1994 accordance with the system of appropriate responses developed pursuant to Section 78A-6-123.
1995 [
1996 revocation hearing, and if the youth offender or [
1997 but cannot afford legal representation, the authority shall appoint legal counsel.
1998 [
1999 compel attendance of witnesses, compel production of books, papers and other documents,
2000 administer oaths, and take testimony under oath for the purposes of conducting the hearings.
2001 [
2002 place, and reason for the hearing, and has the right to appear at the hearing.
2003 (b) The authority shall provide the youth offender an opportunity to be heard, to
2004 present witnesses and evidence, and to confront and cross-examine adverse witnesses, unless
2005 there is good cause for disallowing that confrontation.
2006 [
2007 majority vote of the present members of the authority.
2008 [
2009 provide written notice to the youth offender of the decision and reason for the decision.
2010 [
2011 employee to take into custody a youth offender alleged to be in violation of parole conditions in
2012 accordance with Section 78A-6-123.
2013 (b) The division may issue a warrant to any peace officer or division employee to
2014 retake a youth offender who has escaped from a secure facility.
2015 (c) Based upon the warrant issued under this Subsection [
2016 be held in a local detention facility for no longer than 48 hours, excluding weekends and legal
2017 holidays, to allow time for a prerevocation or prerecission hearing of the alleged parole
2018 violation, or in the case of an escapee, arrangement for transportation to the secure facility.
2019 Section 33. Section 62A-7-506 is amended to read:
2020 62A-7-506. Discharge of youth offender.
2021 (1) A youth offender may be discharged from the jurisdiction of the division at any
2022 time, by written order of the Youth Parole Authority, upon a finding that no further purpose
2023 would be served by secure confinement or supervision in a community setting.
2024 (2) Discharge of a youth offender shall be in accordance with policies approved by the
2025 board and Section 62A-7-404.
2026 (3) Discharge of a youth offender is a complete release of all penalties incurred by
2027 adjudication of the offense for which the youth offender was committed.
2028 Section 34. Section 62A-7-601 is amended to read:
2029 62A-7-601. Youth services for prevention and early intervention -- Program
2030 standards -- Program services.
2031 (1) The division shall establish and operate prevention and early intervention youth
2032 services programs.
2033 (2) The division shall adopt with the approval of the board statewide policies and
2034 procedures, including minimum standards for the organization and operation of youth services
2035 programs.
2036 (3) The division shall establish housing, programs, and procedures to ensure that youth
2037 who are receiving services under this section and who are not in the custody of the division are
2038 served separately from youth who are in custody of the division.
2039 (4) The division may enter into contracts with state and local governmental entities and
2040 private providers to provide the youth services.
2041 (5) The division shall establish and administer juvenile receiving centers and other
2042 programs to provide temporary custody, care, risk-needs assessments, evaluations, and control
2043 for nonadjudicated and adjudicated youth placed with the division.
2044 (6) The division shall prioritize use of evidence-based juvenile justice programs.
2045 Section 35. Section 62A-7-701 is amended to read:
2046 62A-7-701. Community-based programs.
2047 (1) (a) The division shall operate residential and nonresidential community-based
2048 programs to provide care, treatment, and supervision [
2049 youth offenders committed to the division by juvenile courts.
2050 (b) The division shall operate or contract for nonresidential community-based
2051 programs and independent living programs to provide care, treatment, and supervision of
2052 paroled youth offenders.
2053 (2) The division shall adopt, with the approval of the board, minimum standards for the
2054 organization and operation of community-based corrections programs for youth offenders.
2055 (3) The division shall place youth offenders committed to it for community-based
2056 programs in the most appropriate program based upon the division's evaluation of the youth
2057 offender's needs and the division's available resources in accordance with Sections 62A-7-404
2058 and 78A-6-117.
2059 Section 36. Section 63M-7-204 is amended to read:
2060 63M-7-204. Duties of commission.
2061 (1) The State Commission on Criminal and Juvenile Justice administration shall:
2062 [
2063 [
2064 justice agencies;
2065 [
2066 effectiveness of criminal justice policies, procedures, and programs that are directed toward the
2067 reduction of crime in the state;
2068 [
2069 address reducing recidivism, including changes in penalties and sentencing guidelines intended
2070 to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
2071 evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
2072 alternative to incarceration, as resources allow;
2073 [
2074 jurisdictions which have effectively reduced crime;
2075 [
2076 commission determines will significantly reduce crime in Utah;
2077 [
2078 legislation, state budget, and facility requests, including program and fiscal impact on all
2079 components of the criminal and juvenile justice system;
2080 [
2081 and federal criminal justice grant money;
2082 [
2083 give technical assistance to agencies or local units of government on methods to promote
2084 public awareness;
2085 [
2086 and juvenile justice system;
2087 [
2088 [
2089 juvenile justice systems, including specific projections for secure bed space;
2090 [
2091 systems that are consistent with common standards for data storage and are capable of
2092 appropriately sharing information with other criminal justice information systems by:
2093 [
2094 criminal justice agencies;
2095 [
2096 by state criminal justice agencies to assess their accuracy, completeness, and adherence to
2097 standards;
2098 [
2099 the improvement of information management for law enforcement and the administration of
2100 justice; and
2101 [
2102 information systems and making rules as necessary to carry out the duties under [
2103 Subsection [
2104 [
2105 education programs to help prevent the sexual exploitation of children;
2106 [
2107 Enforcement Operations Account created in Section 51-9-411 for law enforcement operations
2108 and programs related to reducing illegal drug activity and related criminal activity;
2109 [
2110 reported by agencies and contractors related to policies recommended by the commission
2111 regarding recidivism reduction; [
2112 [
2113 funds appropriated by the Legislature to programs and practices implemented by counties that
2114 reduce recidivism and reduce the number of offenders per capita who are incarcerated[
2115 (r) oversee or designate an entity to oversee the implementation of juvenile justice
2116 reforms.
2117 (2) If the commission designates an entity under Subsection (1)(r), the commission
2118 shall ensure that the membership of the entity include representation from the three branches of
2119 government and, as determined by the commission, representation from relevant stakeholder
2120 groups across all parts of the juvenile justice system.
2121 Section 37. Section 63M-7-208 is enacted to read:
2122 63M-7-208. Juvenile justice oversight -- Delegation.
2123 (1) The Commission on Criminal and Juvenile Justice shall:
2124 (a) support implementation of the expansion of evidence-based juvenile justice
2125 programs, including assistance regarding implementation fidelity, quality assurance, and
2126 ongoing evaluation;
2127 (b) examine and make recommendations on the use of third-party entities or an
2128 intermediary organization to assist with implementation and to support the performance-based
2129 contracting system authorized in Subsection (1)(m);
2130 (c) oversee the development of performance measures to track juvenile justice reforms,
2131 and ensure early and ongoing stakeholder engagement in identifying the relevant performance
2132 measures;
2133 (d) evaluate currently collected data elements throughout the juvenile justice system
2134 and contract reporting requirements to streamline reporting, reduce redundancies, eliminate
2135 inefficiencies, and ensure a focus on recidivism reduction;
2136 (e) review averted costs from reductions in out-of-home placements for juvenile justice
2137 youth placed with the Division of Juvenile Justice Services and the Division of Child and
2138 Family Services of the Department of Human Services, and make recommendations to
2139 prioritize the reinvestment and realignment of resources into community-based programs for
2140 youth living at home, including the following:
2141 (i) statewide expansion of:
2142 (A) receiving centers;
2143 (B) mobile crisis outreach teams, as defined in Section 78A-6-105;
2144 (C) youth courts; and
2145 (D) victim-offender mediation;
2146 (ii) statewide implementation of nonresidential diagnostic assessment;
2147 (iii) statewide availability of evidence-based cognitive behavioral and family therapy
2148 programs for minors assessed by a validated risk and needs assessment as moderate or high
2149 risk;
2150 (iv) other evidence-based juvenile justice programs designed to reduce recidivism;
2151 (v) implementation and infrastructure to support the sustainability and fidelity of
2152 evidence-based juvenile justice programs, including resources for staffing, transportation, and
2153 flexible funds; and
2154 (vi) early intervention programs such as family strengthening programs, family
2155 wraparound services, and proven truancy interventions;
2156 (f) assist the court in the court's development of a statewide sliding scale for the
2157 assessment of fines, fees, and restitution, based on the ability of the minor's family to pay;
2158 (g) analyze the alignment of resources and the roles and responsibilities of agencies,
2159 such as the operation of early intervention services, receiving centers, and diversion, and make
2160 recommendations to reallocate functions as appropriate, in accordance with Section
2161 62A-7-601;
2162 (h) ensure that data reporting is expanded and routinely review data in additional areas,
2163 including:
2164 (i) referral and disposition data by judicial district;
2165 (ii) data on the length of time minors spend in the juvenile justice system, including the
2166 total time spent under court jurisdiction, on community supervision, and in each out-of-home
2167 placement;
2168 (iii) recidivism data for diversion types pursuant to Section 78A-6-602 and disposition
2169 types pursuant to Section 78A-6-117, including tracking minors into the adult corrections
2170 system;
2171 (iv) change in aggregate risk levels from the time minors receive services, are under
2172 supervision, and are in out-of-home placement; and
2173 (v) dosage of programming;
2174 (i) develop a reasonable time period within which all programming delivered to minors
2175 in the juvenile justice system must be evidence-based or rated as effective for reducing
2176 recidivism by a standardized program evaluation tool;
2177 (j) provide guidelines to be considered by courts in developing tools selected by the
2178 Administrative Office of the Courts and the Division of Juvenile Justice Services within the
2179 Department of Human Services, for the evaluation of juvenile justice programs;
2180 (k) develop a timeline to support improvements to juvenile justice programs to achieve
2181 reductions in recidivism and review reports from relevant state agencies on progress toward
2182 reaching that timeline;
2183 (l) subject to Subsection (2), assist in the development of training for juvenile justice
2184 stakeholders, including educators, law enforcement officers, probation staff, judges, Division
2185 of Juvenile Justice Services staff, Division of Child and Family Services staff, and program
2186 providers;
2187 (m) subject to Subsection (3), assist in the development of a performance-based
2188 contracting system, which shall be developed by the Administrative Office of the Courts and
2189 the Division of Juvenile Justice Services of the Department of Human Services for contracted
2190 services in the community and contracted out-of-home placement providers;
2191 (n) assist in the development of a validated detention risk assessment tool that shall be
2192 developed or adopted and validated by the Administrative Office of the Courts and the
2193 Division of Juvenile Justice Services as provided in Section 78A-6-124; and
2194 (o) annually issue and make public a report to the governor, president of the Senate,
2195 speaker of the House of Representatives, and chief justice of the Utah Supreme Court on the
2196 progress of the reforms and any additional areas in need of review.
2197 (2) Training described in Subsection (1)(l) should be focused on evidence-based
2198 principles of juvenile justice, such as risk, needs, responsivity, and fidelity, and shall be
2199 supplemented by the following topics:
2200 (a) adolescent development;
2201 (b) identifying and using local behavioral health resources;
2202 (c) implicit bias;
2203 (d) cultural competency;
2204 (e) graduated responses;
2205 (f) Utah juvenile justice system data and outcomes; and
2206 (g) gangs.
2207 (3) The system described in Subsection (1)(m) shall provide incentives for:
2208 (a) the use of evidence-based juvenile justice programs and programs rated as effective
2209 by the tools selected in accordance with Subsection (1)(j);
2210 (b) the use of three-month timelines for program completion; and
2211 (c) evidence-based services for minors living at home in rural areas.
2212 (4) The Commission on Criminal and Juvenile Justice may delegate the duties imposed
2213 under this section to a subcommittee or board established by the Commission on Criminal and
2214 Juvenile Justice in accordance with Subsection 63M-7-204(2).
2215 Section 38. Section 63M-7-404 is amended to read:
2216 63M-7-404. Purpose -- Duties.
2217 (1) The purpose of the commission shall be to develop guidelines and propose
2218 recommendations to the Legislature, the governor, and the Judicial Council about the
2219 sentencing and release of juvenile and adult offenders in order to:
2220 (a) respond to public comment;
2221 (b) relate sentencing practices and correctional resources;
2222 (c) increase equity in criminal sentencing;
2223 (d) better define responsibility in criminal sentencing; and
2224 (e) enhance the discretion of sentencing judges while preserving the role of the Board
2225 of Pardons and Parole and the Youth Parole Authority.
2226 (2) (a) The commission shall modify the sentencing guidelines for adult offenders to
2227 implement the recommendations of the Commission on Criminal and Juvenile Justice for
2228 reducing recidivism.
2229 (b) The modifications under Subsection (2)(a) shall be for the purposes of protecting
2230 the public and ensuring efficient use of state funds.
2231 (3) (a) The commission shall modify the criminal history score in the sentencing
2232 guidelines for adult offenders to implement the recommendations of the Commission on
2233 Criminal and Juvenile Justice for reducing recidivism.
2234 (b) The modifications to the criminal history score under Subsection (3)(a) shall
2235 include factors in an offender's criminal history that are relevant to the accurate determination
2236 of an individual's risk of offending again.
2237 (4) (a) The commission shall establish sentencing guidelines for periods of
2238 incarceration for individuals who are on probation and:
2239 (i) who have violated one or more conditions of probation; and
2240 (ii) whose probation has been revoked by the court.
2241 (b) The guidelines shall consider the seriousness of the violation of the conditions of
2242 probation, the probationer's conduct while on probation, and the probationer's criminal history.
2243 (5) (a) The commission shall establish sentencing guidelines for periods of
2244 incarceration for individuals who are on parole and:
2245 (i) who have violated a condition of parole; and
2246 (ii) whose parole has been revoked by the Board of Pardons and Parole.
2247 (b) The guidelines shall consider the seriousness of the violation of the conditions of
2248 parole, the individual's conduct while on parole, and the individual's criminal history.
2249 (6) The commission shall establish graduated sanctions to facilitate the prompt and
2250 effective response to an individual's violation of the terms of probation or parole by the adult
2251 probation and parole section of the Department of Corrections in order to implement the
2252 recommendations of the Commission on Criminal and Juvenile Justice for reducing recidivism,
2253 including:
2254 (a) sanctions to be used in response to a violation of the terms of probation or parole;
2255 (b) when violations should be reported to the court or the Board of Pardons and Parole;
2256 and
2257 (c) a range of sanctions that may not exceed a period of incarceration of more than:
2258 (i) three consecutive days; and
2259 (ii) a total of five days in a period of 30 days.
2260 (7) The commission shall establish graduated incentives to facilitate a prompt and
2261 effective response by the adult probation and parole section of the Department of Corrections
2262 to an offender's:
2263 (a) compliance with the terms of probation or parole; and
2264 (b) positive conduct that exceeds those terms.
2265 (8) The commission shall advise the Administrative Office of the Courts' system of
2266 appropriate responses to the behavior of minors:
2267 (a) completing nonjudicial adjustments;
2268 (b) under the jurisdiction of the juvenile court; and
2269 (c) in the custody of the Division of Juvenile Justice Services in accordance with
2270 Section 76A-6-123.
2271 Section 39. Section 76-5-413 is amended to read:
2272 76-5-413. Custodial sexual relations or misconduct with youth receiving state
2273 services -- Definitions -- Penalties -- Defenses.
2274 (1) As used in this section:
2275 (a) "Actor" means:
2276 (i) a person employed by the Department of Human Services, as created in Section
2277 62A-1-102, or an employee of a private provider or contractor; or
2278 (ii) a person employed by the juvenile court of the state, or an employee of a private
2279 provider or contractor.
2280 (b) "Department" means the Department of Human Services created in Section
2281 62A-1-102.
2282 (c) "Juvenile court" means the juvenile court of the state created in Section 78A-6-102.
2283 (d) "Private provider or contractor" means any person or entity that contracts with the:
2284 (i) department to provide services or functions that are part of the operation of the
2285 department; or
2286 (ii) juvenile court to provide services or functions that are part of the operation of the
2287 juvenile court.
2288 (e) "Youth receiving state services" means a person:
2289 (i) younger than 18 years of age, except as provided under Subsection (1)(e)(ii), who is:
2290 (A) in the custody of the department under Subsection 78A-6-117(2)(c)[
2291 (B) receiving services from any division of the department if any portion of the costs of
2292 these services is covered by public money as defined in Section 76-8-401; or
2293 (ii) younger than 21 years of age who is:
2294 (A) in the custody of the Division of Juvenile Justice Services, or the Division of Child
2295 and Family Services; or
2296 (B) under the jurisdiction of the juvenile court.
2297 (2) (a) An actor commits custodial sexual relations with a youth receiving state
2298 services if the actor commits any of the acts under Subsection (3):
2299 (i) under circumstances not amounting to commission of, or an attempt to commit, an
2300 offense under Subsection (6); and
2301 (ii) (A) the actor knows that the individual is a youth receiving state services; or
2302 (B) a reasonable person in the actor's position should have known under the
2303 circumstances that the individual was a youth receiving state services.
2304 (b) A violation of Subsection (2)(a) is a third degree felony, but if the youth receiving
2305 state services is younger than 18 years of age, a violation of Subsection (2)(a) is a second
2306 degree felony.
2307 (c) If the act committed under this Subsection (2) amounts to an offense subject to a
2308 greater penalty under another provision of state law than is provided under this Subsection (2),
2309 this Subsection (2) does not prohibit prosecution and sentencing for the more serious offense.
2310 (3) Acts referred to in Subsection (2)(a) are:
2311 (a) having sexual intercourse with a youth receiving state services;
2312 (b) engaging in any sexual act with a youth receiving state services involving the
2313 genitals of one person and the mouth or anus of another person, regardless of the sex of either
2314 participant; or
2315 (c) causing the penetration, however slight, of the genital or anal opening of a youth
2316 receiving state services by any foreign object, substance, instrument, or device, including a part
2317 of the human body, with the intent to cause substantial emotional or bodily pain to any person,
2318 regardless of the sex of any participant or with the intent to arouse or gratify the sexual desire
2319 of any person, regardless of the sex of any participant.
2320 (4) (a) An actor commits custodial sexual misconduct with a youth receiving state
2321 services if the actor commits any of the acts under Subsection (5):
2322 (i) under circumstances not amounting to commission of, or an attempt to commit, an
2323 offense under Subsection (6); and
2324 (ii) (A) the actor knows that the individual is a youth receiving state services; or
2325 (B) a reasonable person in the actor's position should have known under the
2326 circumstances that the individual was a youth receiving state services.
2327 (b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the youth
2328 receiving state services is younger than 18 years of age, a violation of Subsection (4)(a) is a
2329 third degree felony.
2330 (c) If the act committed under this Subsection (4) amounts to an offense subject to a
2331 greater penalty under another provision of state law than is provided under this Subsection (4),
2332 this Subsection (4) does not prohibit prosecution and sentencing for the more serious offense.
2333 (5) Acts referred to in Subsection (4)(a) are the following acts when committed with
2334 the intent to cause substantial emotional or bodily pain to any person or with the intent to
2335 arouse or gratify the sexual desire of any person, regardless of the sex of any participant:
2336 (a) touching the anus, buttocks, or any part of the genitals of a youth receiving state
2337 services;
2338 (b) touching the breast of a female youth receiving state services;
2339 (c) otherwise taking indecent liberties with a youth receiving state services; or
2340 (d) causing a youth receiving state services to take indecent liberties with the actor or
2341 another person.
2342 (6) The offenses referred to in Subsections (2)(a)(i) and (4)(a)(i) are:
2343 (a) Section 76-5-401, unlawful sexual activity with a minor;
2344 (b) Section 76-5-402, rape;
2345 (c) Section 76-5-402.1, rape of a child;
2346 (d) Section 76-5-402.2, object rape;
2347 (e) Section 76-5-402.3, object rape of a child;
2348 (f) Section 76-5-403, forcible sodomy;
2349 (g) Section 76-5-403.1, sodomy on a child;
2350 (h) Section 76-5-404, forcible sexual abuse;
2351 (i) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child; or
2352 (j) Section 76-5-405, aggravated sexual assault.
2353 (7) (a) It is not a defense to the commission of the offense of custodial sexual relations
2354 with a youth receiving state services under Subsection (2) or custodial sexual misconduct with
2355 a youth receiving state services under Subsection (4), or an attempt to commit either of these
2356 offenses, if the youth receiving state services is younger than 18 years of age, that the actor:
2357 (i) mistakenly believed the youth receiving state services to be 18 years of age or older
2358 at the time of the alleged offense; or
2359 (ii) was unaware of the true age of the youth receiving state services.
2360 (b) Consent of the youth receiving state services is not a defense to any violation or
2361 attempted violation of Subsection (2) or (4).
2362 (8) It is a defense that the commission by the actor of an act under Subsection (2) or (4)
2363 is the result of compulsion, as the defense is described in Subsection 76-2-302(1).
2364 Section 40. Section 76-9-701 is amended to read:
2365 76-9-701. Intoxication -- Release of arrested person or placement in detoxification
2366 center.
2367 (1) A person is guilty of intoxication if the person is under the influence of alcohol, a
2368 controlled substance, or any substance having the property of releasing toxic vapors, to a
2369 degree that the person may endanger the person or another, in a public place or in a private
2370 place where the person unreasonably disturbs other persons.
2371 (2) (a) A peace officer or a magistrate may release from custody a person arrested
2372 under this section if the peace officer or magistrate believes imprisonment is unnecessary for
2373 the protection of the person or another.
2374 (b) A peace officer may take the arrested person to a detoxification center or other
2375 special facility as an alternative to incarceration or release from custody.
2376 (3) (a) If a minor is found by a court to have violated this section and the violation is
2377 the minor's first violation of this section, the court may:
2378 (i) order the minor to complete a screening as defined in Section 41-6a-501;
2379 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
2380 screening indicates an assessment to be appropriate; and
2381 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
2382 or substance [
2383 (b) If a minor is found by a court to have violated this section and the violation is the
2384 minor's second or subsequent violation of this section, the court shall:
2385 (i) order the minor to complete a screening as defined in Section 41-6a-501;
2386 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
2387 screening indicates an assessment to be appropriate; and
2388 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
2389 or substance [
2390 (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
2391 found by a court to have violated this section, the court hearing the case shall suspend the
2392 minor's driving privileges under Section 53-3-219.
2393 (b) Notwithstanding the requirement in Subsection (4)(a), the court may reduce the
2394 suspension period required under Section 53-3-219 if:
2395 (i) the violation is the minor's first violation of this section; and
2396 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
2397 (B) the minor demonstrates substantial progress in substance [
2398 treatment.
2399 (c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the
2400 requirements of Section 53-3-219, the court may reduce the suspension period required under
2401 Section 53-3-219 if:
2402 (i) the violation is the minor's second or subsequent violation of this section;
2403 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
2404 demonstrated substantial progress in substance [
2405 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
2406 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
2407 consecutive period during the suspension period imposed under Subsection (4)(a); or
2408 (B) the person is under 18 years of age and has the person's parent or legal guardian
2409 provide an affidavit or sworn statement to the court certifying that to the parent or legal
2410 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
2411 one-year consecutive period during the suspension period imposed under Subsection (4)(a).
2412 (5) When a person who is [
2413 found by a court to have violated this section, the provisions regarding suspension of the
2414 driver's license under Section 78A-6-606 apply to the violation.
2415 (6) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under Section
2416 78A-6-117, the court may only order substance use disorder treatment or an educational series
2417 if the minor has an assessed need for the intervention based on the results of a validated risk
2418 and needs assessment, as defined in Section 78A-6-105.
2419 [
2420 violation of this section, the person's driver license shall be suspended under Section 53-3-219.
2421 [
2422 Section 41. Section 76-10-105 is amended to read:
2423 76-10-105. Buying or possessing a cigar, cigarette, electronic cigarette, or tobacco
2424 by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
2425 (1) Any 18 year old person who buys or attempts to buy, accepts, or has in the person's
2426 possession any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of a class C
2427 misdemeanor and subject to:
2428 (a) a minimum fine or penalty of $60; and
2429 (b) participation in a court-approved tobacco education program, which may include a
2430 participation fee.
2431 (2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
2432 person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is subject
2433 to the jurisdiction of the juvenile court and subject to Section 78A-6-602, unless the violation
2434 is committed on school property. If a violation under this section is adjudicated under Section
2435 78A-6-117, the minor may be subject to the following:
2436 (a) a [
2437 (b) participation in a court-approved tobacco education program, which may include a
2438 participation fee.
2439 (3) A compliance officer appointed by a board of education under Section 53A-3-402
2440 may not issue [
2441 school property. [
2442 violation committed on school property shall be addressed in accordance with Section
2443 53A-11-911.
2444 Section 42. Section 77-32-804 is amended to read:
2445 77-32-804. Duties of the commission -- Annual report.
2446 (1) The commission shall:
2447 (a) develop and adopt guiding principles for the assessment and oversight of criminal
2448 defense systems with the state that, at a minimum, address the following:
2449 (i) indigent defense service providers shall have independent judgment without fear of
2450 retaliation[
2451 (ii) service providers shall provide conflict-free representation, including the need for a
2452 separate contract for conflict counsel[
2453 (iii) the state may not interfere with the service provider's access to clients and the
2454 service provider is free to defend the client based on the service provider's own independent
2455 judgment[
2456 (iv) accused persons shall be provided counsel at all critical stages of the criminal
2457 process[
2458 (v) counsel shall be free to provide meaningful, adversarial testing of the evidence,
2459 including:
2460 (A) adequate access to defense resources; and
2461 (B) workloads that allow for time to meet with clients, investigate cases, and file
2462 appropriate motions[
2463 (vi) service providers shall be fairly compensated and incentivized to represent clients
2464 fully through:
2465 (A) compensation, that shall be independent from prosecutors' compensation;
2466 (B) incentives that are structured to represent criminal defendants well; and
2467 (C) separate contracts that are offered to ensure the right to appeal[
2468 (vii) the commission may maintain oversight to collect data, audit attorney
2469 performance, establish standards, and enforce the principles listed [
2470 (1)(a);
2471 (b) identify and collect data necessary for the commission to:
2472 (i) review compliance by criminal defense systems of minimum principles for effective
2473 representation;
2474 (ii) establish procedures for the collection and analysis of the data; and
2475 (iii) provide reports regarding the operation of the commission and the provision of
2476 indigent criminal defense services by each indigent criminal defense system;
2477 (c) develop and oversee the establishment of advisory caseload principles and
2478 guidelines to aid indigent criminal defense systems in delivering effective representation in the
2479 state consistent with the safeguards of the United States Constitution, the Utah Constitution,
2480 and this chapter;
2481 (d) review all contracts and interlocal agreements in the state for the provision of
2482 indigent criminal defense services and provide assistance and recommendations regarding
2483 compliance with minimum principles for effective representation;
2484 (e) investigate, audit, and review the provision of indigent criminal defense services for
2485 compliance with minimum principles;
2486 (f) establish procedures for the receipt, acceptance, and resolution of complaints
2487 regarding the provision of indigent criminal defense services;
2488 (g) establish procedures that enable indigent criminal defense systems to apply for state
2489 funding as provided under Section 77-32-805;
2490 (h) establish procedures for annually reporting to the governor, Legislature, Judicial
2491 Council, and indigent criminal defense systems throughout the state that include reporting the
2492 following:
2493 (i) the operations of the commission;
2494 (ii) the operations of each indigent criminal defense system; and
2495 (iii) each indigent criminal defense system's compliance with minimum standards for
2496 the provision of indigent criminal defense services for effective representation;
2497 (i) award grants to indigent criminal defense systems consistent with metrics
2498 established by the commission under this part and appropriations by the state;
2499 (j) encourage and aid in the regionalization of indigent criminal defense services within
2500 the state for effective representation and for efficiency and cost savings to local systems;
2501 (k) submit to legislative, executive, and judicial leadership, from time to time,
2502 proposed recommendations for improvement in the provision of indigent criminal defense
2503 services to ensure effective representation in the state, consistent with the safeguards of the
2504 United States Constitution and the Utah Constitution; and
2505 (l) identify and encourage best practices for effective representation to indigent
2506 defendants charged with crimes.
2507 (2) The commission shall emphasize the importance of indigent criminal defense
2508 services provided to defendants, whether charged with a misdemeanor or felony.
2509 (3) The commission shall establish procedures for the conduct of the commission's
2510 affairs and internal policies necessary to carry out the commission's duties and responsibilities
2511 under this part.
2512 (4) Commission policies shall be placed in an appropriate manual, made publicly
2513 available on a website, and made available to all attorneys and professionals providing indigent
2514 criminal defense services, the Judicial Council, the governor, and the Legislature.
2515 (5) The delivery of indigent criminal defense services shall be independent of the
2516 judiciary, but the commission shall ensure that judges are permitted and encouraged to
2517 contribute information and advice concerning the delivery of indigent criminal defense
2518 services.
2519 (6) An indigent criminal defense system that is in compliance with minimum principles
2520 and procedures may not be required to provide indigent criminal defense services in excess of
2521 those principles and procedures.
2522 (7) The commission shall submit a report annually to the Judiciary Interim Committee
2523 on the commission's efforts to improve the provision of indigent criminal defense services
2524 statewide.
2525 (8) The commission shall oversee or create a statewide entity to oversee matters related
2526 to juvenile defense representation in any action initiated by the state or a political subdivision
2527 of the state under Part 6, Delinquency and Criminal Actions, or Part 7, Transfer of Jurisdiction,
2528 or against a minor under Section 78A-6-1101, including:
2529 (a) contract standardization for juvenile defense;
2530 (b) training and certification of juvenile defense attorneys;
2531 (c) technical assistance to counties on juvenile defense; and
2532 (d) the development of a cost-sharing partnership between the state and counties for
2533 costs related to juvenile defense.
2534 Section 43. Section 78A-6-103 is amended to read:
2535 78A-6-103. Jurisdiction of juvenile court -- Original -- Exclusive.
2536 (1) Except as otherwise provided by law, the juvenile court has exclusive original
2537 jurisdiction in proceedings concerning:
2538 (a) a child who has violated any federal, state, or local law or municipal ordinance or a
2539 person younger than 21 years of age who has violated any law or ordinance before becoming
2540 18 years of age, regardless of where the violation occurred, excluding offenses in Section
2541 53A-11-911 and Subsection 78A-7-106(2);
2542 [
2543
2544
2545
2546 [
2547 terms are defined in Section 78A-6-105;
2548 [
2549 7, Part 2, Child Protective Orders, which the juvenile court may transfer to the district court if
2550 the juvenile court has entered an ex parte protective order and finds that:
2551 (i) the petitioner and the respondent are the natural parent, adoptive parent, or step
2552 parent of the child who is the object of the petition;
2553 (ii) the district court has a petition pending or an order related to custody or parent-time
2554 entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act,
2555 or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the petitioner and the
2556 respondent are parties; and
2557 (iii) the best interests of the child will be better served in the district court;
2558 [
2559 comes within the court's jurisdiction under other provisions of this section;
2560 [
2561 [
2562 Termination of Parental Rights Act, including termination of residual parental rights and
2563 duties;
2564 [
2565 [
2566 [
2567 determination of voluntariness or where otherwise required by law, employment, or enlistment
2568 of a child when consent is required by law;
2569 [
2570 facility, to order, at the discretion of the court and on the recommendation of a secure facility,
2571 the parent or parents of a child committed to a secure facility for a custodial term, to undergo
2572 group rehabilitation therapy under the direction of a secure facility therapist, who has
2573 supervision of that parent's or parents' child, or any other therapist the court may direct, for a
2574 period directed by the court as recommended by a secure facility;
2575 [
2576 [
2577 mental illness[
2578
2579
2580
2581 [
2582 with Section 62A-15-301;
2583 [
2584 [
2585 proceeding as provided in Section 63G-4-402; and
2586 [
2587 78B, Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an
2588 order terminating the rights of a parent and finds that adoption is in the best interest of the
2589 child.
2590 (2) (a) Notwithstanding Section 78A-7-106 and Subsection 78A-5-102(9), the juvenile
2591 court has exclusive jurisdiction over the following offenses committed by a child:
2592 [
2593 Driving;
2594 [
2595 [
2596 part of a single criminal episode filed in a petition that contains an offense over which the court
2597 has jurisdiction.
2598 (b) A juvenile court may only order substance use disorder treatment or an educational
2599 series if the minor has an assessed need for the intervention on the basis of the results of a
2600 validated risk and needs assessment.
2601 (3) The juvenile court has jurisdiction over an ungovernable or runaway child who is
2602 referred to it by the Division of Child and Family Services or by public or private agencies that
2603 contract with the division to provide services to that child [
2604 78A-6-602, when, despite earnest and persistent efforts by the division or agency, the child has
2605 demonstrated that the child:
2606 (a) is beyond the control of the child's parent, guardian, or lawful custodian[
2607
2608 welfare or the welfare of others; or
2609 (b) has run away from home.
2610 (4) This section does not restrict the right of access to the juvenile court by private
2611 agencies or other persons.
2612 (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
2613 arising under Section 78A-6-702.
2614 (6) The juvenile court has jurisdiction to make a finding of substantiated,
2615 unsubstantiated, or without merit, in accordance with Section 78A-6-323.
2616 (7) The juvenile court has jurisdiction of matters transferred to it by another trial court
2617 pursuant to Subsection 78A-7-106[
2618 (8) The court may commit a child to the physical custody of a local mental health
2619 authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age
2620 18 to Division of Substance Abuse and Mental Health, but not directly to the Utah State
2621 Hospital.
2622 Section 44. Section 78A-6-105 is amended to read:
2623 78A-6-105. Definitions.
2624 As used in this chapter:
2625 (1) (a) "Abuse" means:
2626 (i) (A) nonaccidental harm of a child;
2627 [
2628 [
2629 [
2630 [
2631 [
2632 [
2633 the child;
2634 [
2635 investigation for intentionally, knowingly, or recklessly causing the death of another parent of
2636 the child; or
2637 [
2638 recklessly causing the death of another parent of the child.
2639 [
2640 (i) reasonable discipline or management of a child, including withholding privileges;
2641 (ii) conduct described in Section 76-2-401; or
2642 (iii) the use of reasonable and necessary physical restraint or force on a child:
2643 (A) in self-defense;
2644 (B) in defense of others;
2645 (C) to protect the child; or
2646 (D) to remove a weapon in the possession of a child for any of the reasons described in
2647 Subsections (1)(b)(iii)(A) through (C).
2648 (2) "Abused child" means a child who has been subjected to abuse.
2649 (3) "Adjudication" means a finding by the court, incorporated in a decree, that the facts
2650 alleged in the petition have been proved. A finding of not competent to proceed pursuant to
2651 Section 78A-6-1302 is not an adjudication.
2652 (4) "Adult" means a person 18 years of age or over, except that a person 18 years or
2653 over under the continuing jurisdiction of the juvenile court pursuant to Section 78A-6-120 shall
2654 be referred to as a minor.
2655 (5) "Board" means the Board of Juvenile Court Judges.
2656 (6) "Child" means a person under 18 years of age.
2657 (7) "Child placement agency" means:
2658 (a) a private agency licensed to receive a child for placement or adoption under this
2659 code; or
2660 (b) a private agency that receives a child for placement or adoption in another state,
2661 which agency is licensed or approved where such license or approval is required by law.
2662 (8) "Clandestine laboratory operation" means the same as that term is defined in
2663 Section 58-37d-3.
2664 (9) "Commit" means, unless specified otherwise:
2665 (a) with respect to a child, to transfer legal custody; and
2666 (b) with respect to a minor who is at least 18 years of age, to transfer custody.
2667 (10) "Court" means the juvenile court.
2668 (11) "Criminogenic risk factors" means factors that are statistically proven to increase a
2669 minor's likelihood of reoffending.
2670 (12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
2671 committed by an adult.
2672 [
2673 through no fault of the child's parent, guardian, or custodian.
2674 [
2675 a parent or the parents or a previous legal custodian to another person, agency, or institution.
2676 [
2677 Section 62A-7-101 for the temporary care of a minor who requires secure custody in a
2678 physically restricting facility:
2679 (a) pending court disposition or transfer to another jurisdiction; or
2680 (b) while under the continuing jurisdiction of the court.
2681 (16) "Detention risk assessment tool" means an actuarial tool established under Section
2682 78A-6-124 that is scientifically proven to identify factors shown to be statistically related to a
2683 minor's risk of failing to appear in court or reoffending pre-adjudication and designed to assist
2684 in making detention determinations.
2685 [
2686 (18) "Evidence-based juvenile justice program" means a program demonstrated by
2687 research to produce reduction in the likelihood of reoffending.
2688 (19) "Formal probation" means a minor is under field supervision by the probation
2689 department or other agency designated by the court and subject to return to the court in
2690 accordance with Section 78A-6-123.
2691 [
2692 person informing the court and the prosecutor that a minor is or appears to be within the court's
2693 jurisdiction and that a [
2694 [
2695 of one or more persons in the group, depending upon the recommendation of the therapist.
2696 [
2697 (a) marriage;
2698 (b) enlistment in the armed forces;
2699 (c) major medical, surgical, or psychiatric treatment; or
2700 (d) legal custody, if legal custody is not vested in another person, agency, or institution.
2701 [
2702 53A-11-101.
2703 [
2704 (a) physical or developmental injury or damage;
2705 (b) emotional damage that results in a serious impairment in the child's growth,
2706 development, behavior, or psychological functioning;
2707 (c) sexual abuse; or
2708 (d) sexual exploitation.
2709 [
2710 perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
2711 nephew, niece, or first cousin.
2712 (b) The relationships described in Subsection [
2713 (i) blood relationships of the whole or half blood, without regard to legitimacy;
2714 (ii) relationships of parent and child by adoption; and
2715 (iii) relationships of stepparent and stepchild while the marriage creating the
2716 relationship of a stepparent and stepchild exists.
2717 (26) "Intake probation" means a period of court monitoring that does not include field
2718 supervision, but is overseen by a juvenile probation officer, during which a minor is subject to
2719 return to the court in accordance with Section 78A-6-123.
2720 [
2721 (a) significantly subaverage intellectual functioning, an IQ of approximately 70 or
2722 below on an individually administered IQ test, for infants, a clinical judgment of significantly
2723 subaverage intellectual functioning;
2724 (b) concurrent deficits or impairments in present adaptive functioning, the person's
2725 effectiveness in meeting the standards expected for [
2726 cultural group, in at least two of the following areas: communication, self-care, home living,
2727 social/interpersonal skills, use of community resources, self-direction, functional academic
2728 skills, work, leisure, health, and safety; and
2729 (c) the onset is before the person reaches the age of 18 years.
2730 [
2731 duties:
2732 (a) the right to physical custody of the minor;
2733 (b) the right and duty to protect, train, and discipline the minor;
2734 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
2735 medical care;
2736 (d) the right to determine where and with whom the minor shall live; and
2737 (e) the right, in an emergency, to authorize surgery or other extraordinary care.
2738 (29) "Material loss" means an uninsured:
2739 (a) property loss;
2740 (b) out-of-pocket monetary loss;
2741 (c) lost wages; or
2742 (d) medical expenses.
2743 [
2744 severely limits a minor's development and welfare over a significant period of time.
2745 [
2746 (a) a child; or
2747 (b) a person who is:
2748 (i) at least 18 years of age and younger than 21 years of age; and
2749 (ii) under the jurisdiction of the juvenile court.
2750 (32) "Mobile crisis outreach team" means a crisis intervention service for minors or
2751 families of minors experiencing behavioral health or psychiatric emergencies.
2752 [
2753 sexual desire of any person:
2754 (a) touches the anus or any part of the genitals of a child;
2755 (b) takes indecent liberties with a child; or
2756 (c) causes a child to take indecent liberties with the perpetrator or another.
2757 [
2758 includes the minor's noncustodial parent.
2759 [
2760 (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
2761 Relinquishment of a Newborn Child;
2762 (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
2763 guardian, or custodian;
2764 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
2765 subsistence, education, or medical care, or any other care necessary for the child's health,
2766 safety, morals, or well-being; or
2767 (iv) a child to be at risk of being neglected or abused because another child in the same
2768 home is neglected or abused.
2769 (b) The aspect of neglect relating to education, described in Subsection [
2770 (35)(a)(iii), means that, after receiving a notice of compulsory education violation under
2771 Section 53A-11-101.5, [
2772
2773 parent or guardian fails to make a good faith effort to ensure that the child receives an
2774 appropriate education.
2775 (c) A parent or guardian legitimately practicing religious beliefs and who, for that
2776 reason, does not provide specified medical treatment for a child, is not guilty of neglect.
2777 (d) (i) Notwithstanding Subsection [
2778 child by the child's parent or guardian does not constitute neglect unless the state or other party
2779 to the proceeding shows, by clear and convincing evidence, that the health care decision is not
2780 reasonable and informed.
2781 (ii) Nothing in Subsection [
2782 exercising the right to obtain a second health care opinion and from pursuing care and
2783 treatment pursuant to the second health care opinion, as described in Section 78A-6-301.5.
2784 [
2785 [
2786 probation officer without judicial determination upon the consent in writing of:
2787 (a) the assigned probation officer; and
2788 (b) (i) the minor; or
2789 (ii) the minor and the minor's parent, legal guardian, or custodian.
2790 [
2791 intellectual disability, or related condition as defined, lacks the ability to:
2792 (a) understand the nature of the proceedings against them or of the potential disposition
2793 for the offense charged; or
2794 (b) consult with counsel and participate in the proceedings against them with a
2795 reasonable degree of rational understanding.
2796 [
2797 child.
2798 [
2799 adjudication on the ground of a violation of law or under Section 78A-6-103, whereby the
2800 minor is permitted to remain in the minor's home under prescribed conditions [
2801
2802
2803 [
2804 following an adjudication on the ground of abuse, neglect, or dependency, whereby the minor
2805 is permitted to remain in the minor's home, and supervision and assistance to correct the abuse,
2806 neglect, or dependency is provided by the probation department or other agency designated by
2807 the court.
2808 [
2809 disability in accordance with 42 C.F.R. Part 435.1010 and further defined in Rule R539-1-3,
2810 Utah Administrative Code.
2811 [
2812 remaining with the parent after legal custody or guardianship, or both, have been vested in
2813 another person or agency, including:
2814 (i) the responsibility for support;
2815 (ii) the right to consent to adoption;
2816 (iii) the right to determine the child's religious affiliation; and
2817 (iv) the right to reasonable parent-time unless restricted by the court.
2818 (b) If no guardian has been appointed, "residual parental rights and duties" also include
2819 the right to consent to:
2820 (i) marriage;
2821 (ii) enlistment; and
2822 (iii) major medical, surgical, or psychiatric treatment.
2823 [
2824 Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
2825 youth offenders committed to the division for custody and rehabilitation pursuant to Subsection
2826 78A-6-117(2)(d).
2827 [
2828 to a child.
2829 [
2830 harm to a child.
2831 [
2832 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
2833 adult directed towards a child;
2834 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2835 committed by a child towards another child if:
2836 (i) there is an indication of force or coercion;
2837 (ii) the children are related, as defined in Subsections [
2838 (iii) there have been repeated incidents of sexual contact between the two children,
2839 unless the children are 14 years of age or older; or
2840 (iv) there is a disparity in chronological age of four or more years between the two
2841 children; or
2842 (c) engaging in any conduct with a child that would constitute an offense under any of
2843 the following, regardless of whether the person who engages in the conduct is actually charged
2844 with, or convicted of, the offense:
2845 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
2846 alleged perpetrator of an offense described in Section 76-5-401 is a minor;
2847 (ii) child bigamy, Section 76-7-101.5;
2848 (iii) incest, Section 76-7-102;
2849 (iv) lewdness, Section 76-9-702;
2850 (v) sexual battery, Section 76-9-702.1;
2851 (vi) lewdness involving a child, Section 76-9-702.5; or
2852 (vii) voyeurism, Section 76-9-702.7.
2853 [
2854 (a) employing, using, persuading, inducing, enticing, or coercing any child to:
2855 (i) pose in the nude for the purpose of sexual arousal of any person; or
2856 (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
2857 filming, recording, or displaying in any way the sexual or simulated sexual conduct;
2858 (b) displaying, distributing, possessing for the purpose of distribution, or selling
2859 material depicting a child:
2860 (i) in the nude, for the purpose of sexual arousal of any person; or
2861 (ii) engaging in sexual or simulated sexual conduct; or
2862 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2863 sexual exploitation of a minor, regardless of whether the person who engages in the conduct is
2864 actually charged with, or convicted of, the offense.
2865 [
2866 facility pending court disposition or transfer to another jurisdiction.
2867 [
2868
2869
2870 (50) "Status offense" means a violation of the law that would not be a violation but for
2871 the age of the offender.
2872 [
2873 drugs or substances.
2874 [
2875 62A-4a-101.
2876 [
2877 [
2878 parental rights and duties, including residual parental rights and duties, by court order.
2879 [
2880 (a) a person employed by a state division or agency for the purpose of conducting
2881 psychological treatment and counseling of a minor in its custody; or
2882 (b) any other person licensed or approved by the state for the purpose of conducting
2883 psychological treatment and counseling.
2884 [
2885 62A-4a-101.
2886 (57) "Validated risk and needs assessment" means an actuarial tool scientifically
2887 proven to identify specific risk factors shown to be statistically related to a juvenile's risk of
2888 reoffending, which, when properly addressed, can reduce a juvenile's risk of reoffending.
2889 [
2890 62A-4a-101.
2891 Section 45. Section 78A-6-106 is amended to read:
2892 78A-6-106. Search warrants and subpoenas -- Authority to issue -- Protective
2893 custody -- Expedited hearing -- Exception -- Pick up order.
2894 (1) [
2895 issue search warrants, subpoenas, or investigative subpoenas in criminal cases, delinquency,
2896 and abuse, neglect, and dependency proceedings for the same purposes, in the same manner
2897 and pursuant to the same procedures set forth in the code of criminal procedure for the issuance
2898 of search warrants, subpoenas, or investigative subpoenas in other trial courts in the state.
2899 (b) A court may not issue a warrant for:
2900 (i) a status offense;
2901 (ii) an infraction;
2902 (iii) a violation of a court order;
2903 (iv) contempt except to the extent permitted by Section 78A-6-1101; or
2904 (v) an order to show cause.
2905 (2) A peace officer or child welfare worker may not enter the home of a child who is
2906 not under the jurisdiction of the court, remove a child from the child's home or school, or take a
2907 child into protective custody unless:
2908 (a) there exist exigent circumstances sufficient to relieve the peace officer or child
2909 welfare worker of the requirement to obtain a warrant;
2910 (b) the peace officer or child welfare worker obtains a search warrant under Subsection
2911 (3);
2912 (c) the peace officer or child welfare worker obtains a court order after the parent or
2913 guardian of the child is given notice and an opportunity to be heard; or
2914 (d) the peace officer or child welfare worker obtains the consent of the child's parent or
2915 guardian.
2916 (3) (a) The court may issue a warrant authorizing a child protective services worker or
2917 peace officer to search for a child and take the child into protective custody if it appears to the
2918 court upon a verified petition, recorded sworn testimony or an affidavit sworn to by a peace
2919 officer or any other person, and upon the examination of other witnesses, if required by the
2920 judge, that there is probable cause to believe that:
2921 (i) there is a threat of substantial harm to the child's health or safety;
2922 (ii) it is necessary to take the child into protective custody to avoid the harm described
2923 in Subsection (3)(a)(i); and
2924 (iii) it is likely that the child will suffer substantial harm if the parent or guardian of the
2925 child is given notice and an opportunity to be heard before the child is taken into protective
2926 custody.
2927 (b) Pursuant to Section 77-23-210, a peace officer making the search may enter a house
2928 or premises by force, if necessary, in order to remove the child.
2929 (c) The person executing the warrant shall then take the child to the place of shelter
2930 designated by the court or the division.
2931 (4) (a) Consistent with Subsection (5), the court shall hold an expedited hearing to
2932 determine whether a child should be placed in protective custody if:
2933 (i) a person files a petition under Section 78A-6-304;
2934 (ii) a party to the proceeding files a "Motion for Expedited Placement in Temporary
2935 Custody"; and
2936 (iii) notice of the hearing described in this Subsection (4)(a) is served consistent with
2937 the requirements for notice of a shelter hearing under Section 78A-6-306.
2938 (b) The hearing described in Subsection (4)(a):
2939 (i) shall be held within 72 hours, excluding weekends and holidays, of the filing of the
2940 motion described in Subsection (4)(a)(ii); and
2941 (ii) shall be considered a shelter hearing under Section 78A-6-306 and Utah Rules of
2942 Juvenile Procedure, Rule 13.
2943 (5) (a) The hearing and notice described in Subsection (4) are subject to:
2944 (i) Section 78A-6-306;
2945 (ii) Section 78A-6-307; and
2946 (iii) the Utah Rules of Juvenile Procedure.
2947 (b) After the hearing described in Subsection (4), a court may order a child placed in
2948 the temporary custody of the division.
2949 (6) When notice to a parent or guardian is required by this section:
2950 (a) the parent or guardian to be notified must be:
2951 (i) the child's primary caregiver; or
2952 (ii) the parent or guardian who has custody of the child, when the order is sought; and
2953 (b) the person required to provide notice shall make a good faith effort to provide
2954 notice to a parent or guardian who:
2955 (i) is not required to be notified under Subsection (6)(a); and
2956 (ii) has the right to parent-time with the child.
2957 (7) Subsections (1)(b)(i) through (iv) do not apply to a minor who is under Title 55,
2958 Chapter 12, Interstate Compact for Juveniles.
2959 (8) A court may issue a pick up order for a minor not eligible for a warrant under
2960 Subsections (1)(b)(i) through (v) that directs the minor to be returned home, to court, or to a
2961 shelter or other nonsecure facility. The pick up order may not direct placement in a secure
2962 facility, including secure detention.
2963 Section 46. Section 78A-6-109 is amended to read:
2964 78A-6-109. Summons -- Service and process -- Issuance and contents -- Notice to
2965 absent parent or guardian -- Emergency medical or surgical treatment -- Compulsory
2966 process for attendance of witnesses when authorized.
2967 (1) After a petition is filed the court shall promptly issue a summons, unless the judge
2968 directs that a further investigation is needed. No summons is required as to any person who
2969 appears voluntarily or who files a written waiver of service with the clerk of the court at or
2970 [
2971 (2) The summons shall contain:
2972 (a) the name of the court;
2973 (b) the title of the proceedings; and
2974 (c) except for a published summons, a brief statement of the substance of the
2975 allegations in the petition.
2976 (3) A published summons shall state:
2977 (a) that a proceeding concerning the minor is pending in the court; and
2978 (b) an adjudication will be made.
2979 (4) The summons shall require the person or persons who have physical custody of the
2980 minor to appear personally and bring the minor before the court at a time and place stated. If
2981 the person or persons summoned are not the parent, parents, or guardian of the minor, the
2982 summons shall also be issued to the parent, parents, or guardian, as the case may be, notifying
2983 them of the pendency of the case and of the time and place set for the hearing.
2984 (5) Summons may be issued requiring the appearance of any other person whose
2985 presence the court finds necessary.
2986 (6) If it appears to the court that the welfare of the minor or of the public requires that
2987 the minor be taken into custody, and it does not conflict with Section 78A-6-106, the court may
2988 by endorsement upon the summons direct that the person serving the summons take the minor
2989 into custody at once.
2990 (7) Subject to Subsection 78A-6-117(2)(n)(iii), upon the sworn testimony of one or
2991 more reputable physicians, the court may order emergency medical or surgical treatment that is
2992 immediately necessary for a minor concerning whom a petition has been filed pending the
2993 service of summons upon the minor's parents, guardian, or custodian.
2994 (8) A parent or guardian is entitled to the issuance of compulsory process for the
2995 attendance of witnesses on the parent's or guardian's own behalf or on behalf of the minor. A
2996 guardian ad litem or a probation officer is entitled to compulsory process for the attendance of
2997 witnesses on behalf of the minor.
2998 (9) Service of summons and process and proof of service shall be made in the manner
2999 provided in the Utah Rules of Civil Procedure.
3000 (10) (a) Service of summons or process shall be made by the sheriff of the county
3001 where the service is to be made, or by [
3002 (b) Notwithstanding Subsection (10)(a), upon request of the court, service shall be
3003 made by any other peace officer, or by another suitable person selected by the court.
3004 (11) Service of summons in the state shall be made personally, by delivering a copy to
3005 the person summoned; provided, however, that parents of a minor living together at their usual
3006 place of abode may both be served by personal delivery to either parent of copies of the
3007 summons, one copy for each parent.
3008 (12) If the judge makes a written finding that [
3009 personal service of the summons will be unsuccessful, or will not accomplish notification
3010 within a reasonable time after issuance of the summons, [
3011 registered mail, with a return receipt to be signed by the addressee only, to be addressed to the
3012 last-known address of the person to be served in the state. Service shall be complete upon
3013 return to the court of the signed receipt.
3014 (13) If the parents, parent, or guardian required to be summoned under Subsection (4)
3015 cannot be found within the state, the fact of their minor's presence within the state shall confer
3016 jurisdiction on the court in proceedings in a minor's case under this chapter as to any absent
3017 parent or guardian, provided that due notice has been given in the following manner:
3018 (a) If the address of the parent or guardian is known, due notice is given by sending
3019 [
3020 be signed by the addressee only, or by personal service outside the state, as provided in the
3021 Utah Rules of Civil Procedure. Service by registered mail shall be complete upon return to the
3022 court of the signed receipt.
3023 (b) (i) If the address or whereabouts of the parent or guardian outside the state cannot
3024 after diligent inquiry be ascertained, due notice is given by publishing a summons:
3025 (A) in a newspaper having general circulation in the county in which the proceeding is
3026 pending once a week for four successive weeks; and
3027 (B) in accordance with Section 45-1-101 for four weeks.
3028 (ii) Service shall be complete on the day of the last publication.
3029 (c) Service of summons as provided in this subsection shall vest the court with
3030 jurisdiction over the parent or guardian served in the same manner and to the same extent as if
3031 the person served was served personally within the state.
3032 (14) In the case of service in the state, service completed not less than 48 hours before
3033 the time set in the summons for the appearance of the person served, shall be sufficient to
3034 confer jurisdiction. In the case of service outside the state, service completed not less than five
3035 days before the time set in the summons for appearance of the person served, shall be sufficient
3036 to confer jurisdiction.
3037 (15) Computation of periods of time under this chapter shall be made in accordance
3038 with the Utah Rules of Civil Procedure.
3039 Section 47. Section 78A-6-111 is amended to read:
3040 78A-6-111. Appearances -- Parents, guardian, or legal custodian to appear with
3041 minor or child -- Failure to appear -- Contempt -- Warrant of arrest, when authorized --
3042 Parent's employer to grant time off -- Appointment of guardian ad litem.
3043 (1) Any person required to appear who, without reasonable cause, fails to appear may
3044 be proceeded against for contempt of court, and the court may cause a bench warrant to [
3045 be issued to produce the person in court.
3046 (2) In [
3047 guardian, or other person with legal custody of the minor shall appear with the minor unless
3048 excused by the judge.
3049 (a) An employee may request permission to leave the workplace for the purpose of
3050 attending court if the employee has been notified by the juvenile court that [
3051 minor is required to appear before the court.
3052 (b) An employer must grant permission to leave the workplace with or without pay if
3053 the employee has requested permission at least seven days in advance or within 24 hours of the
3054 employee receiving notice of the hearing.
3055 (3) If a parent or other person who signed a written promise to appear and bring the
3056 child to court under Section 78A-6-112 or 78A-6-113 fails to appear and bring the child to
3057 court on the date set in the promise, or, if the date was to be set, after notification by the court,
3058 a warrant may be issued for the apprehension of that person [
3059 (4) Willful failure to perform the promise is a misdemeanor if, at the time of the
3060 execution of the promise, the promisor is given a copy of the promise which clearly states that
3061 failure to appear and have the child appear as promised is a misdemeanor. The juvenile court
3062 shall have jurisdiction to proceed against the promisor in adult proceedings pursuant to Part 10,
3063 Adult Offenses.
3064 (5) The court shall endeavor, through use of the warrant of arrest if necessary, as
3065 provided in Subsection (6), or by other means, to ensure the presence at all hearings of one or
3066 both parents or of the guardian of a child. If neither a parent nor guardian is present at the
3067 court proceedings, the court may appoint a guardian ad litem to protect the interest of a minor.
3068 A guardian ad litem may also be appointed whenever necessary for the welfare of a minor,
3069 whether or not a parent or guardian is present.
3070 (6) A warrant may be issued for a parent, a guardian, a custodian, or a minor if:
3071 (a) a summons is issued but cannot be served;
3072 (b) it is made to appear to the court that the person to be served will not obey the
3073 summons; or
3074 (c) serving the summons will be ineffectual[
3075 [
3076
3077 Section 48. Section 78A-6-112 is amended to read:
3078 78A-6-112. Minor taken into custody by peace officer, private citizen, or
3079 probation officer -- Grounds -- Notice requirements -- Release or detention -- Grounds
3080 for peace officer to take adult into custody.
3081 (1) A minor may be taken into custody by a peace officer without order of the court if:
3082 (a) in the presence of the officer the minor has violated a state law, federal law, local
3083 law, or municipal ordinance;
3084 (b) there are reasonable grounds to believe the minor has committed an act which if
3085 committed by an adult would be a felony;
3086 (c) the minor:
3087 (i) (A) is seriously endangered in the minor's surroundings; or
3088 (B) seriously endangers others; and
3089 (ii) immediate removal appears to be necessary for the minor's protection or the
3090 protection of others;
3091 (d) there are reasonable grounds to believe the minor has run away or escaped from the
3092 minor's parents, guardian, or custodian; or
3093 (e) there is reason to believe that the minor is:
3094 (i) subject to the state's compulsory education law; and
3095 (ii) absent from school without legitimate or valid excuse, subject to Section
3096 53A-11-105.
3097 (2) (a) A private citizen or a probation officer may take a minor into custody if under
3098 the circumstances [
3099 the minor was an adult.
3100 (b) A probation officer may also take a minor into custody under Subsection (1) or if
3101 the minor has violated the conditions of probation, if the minor is under the continuing
3102 jurisdiction of the juvenile court or in emergency situations in which a peace officer is not
3103 immediately available.
3104 (3) (a) (i) If an officer or other person takes a minor into temporary custody[
3105 Subsection (1) or (2), the officer or person shall without unnecessary delay notify the parents,
3106 guardian, or custodian.
3107 (ii) The minor shall then be released to the care of the minor's parent or other
3108 responsible adult, unless the minor's immediate welfare or the protection of the community
3109 requires the minor's detention.
3110 (b) If the minor is taken into custody under Subsection (1) or (2) or placed in detention
3111 under Subsection (4) for a violent felony, as defined in Section 76-3-203.5, or an offense in
3112 violation of Title 76, Chapter 10, Part 5, Weapons, the officer or other law enforcement agent
3113 taking the minor into custody shall, as soon as practicable or as established under Subsection
3114 53A-11-1001(2), notify the school superintendent of the district in which the minor resides or
3115 attends school for the purposes of the minor's supervision and student safety.
3116 (i) The notice shall disclose only:
3117 (A) the name of the minor;
3118 (B) the offense for which the minor was taken into custody or detention; and
3119 (C) if available, the name of the victim, if the victim:
3120 (I) resides in the same school district as the minor; or
3121 (II) attends the same school as the minor.
3122 (ii) The notice shall be classified as a protected record under Section 63G-2-305.
3123 (iii) All other records disclosures are governed by Title 63G, Chapter 2, Government
3124 Records Access and Management Act, and the federal Family Educational Rights and Privacy
3125 Act.
3126 (c) Employees of a governmental agency are immune from any criminal liability for
3127 providing or failing to provide the information required by this section unless the person acts or
3128 fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
3129 (d) Before the minor is released, the parent or other person to whom the minor is
3130 released shall be required to sign a written promise on forms supplied by the court to bring the
3131 minor to the court at a time set or to be set by the court.
3132 (4) (a) A child may not be held in temporary custody by law enforcement any longer
3133 than is reasonably necessary to obtain the child's name, age, residence, and other necessary
3134 information and to contact the child's parents, guardian, or custodian.
3135 (b) If the minor is not released under Subsection (3), the minor shall be taken to a place
3136 of detention or shelter without unnecessary delay.
3137 (5) (a) The person who takes a minor to a detention or shelter facility shall promptly
3138 file with the detention or shelter facility a written report on a form provided by the division
3139 stating:
3140 (i) the details of the presently alleged offense[
3141 (ii) the facts [
3142
3143 (iii) the reason the minor was not released by law enforcement[
3144 (iv) the eligibility of the minor under the division guidelines for detention admissions
3145 established by the Division of Juvenile Justice Services under Section 62A-7-202 if the minor
3146 is under consideration for detention; and
3147 (v) the results of a detention risk assessment if the minor is under consideration for
3148 detention.
3149 (b) (i) The designated [
3150 the form and determine, based on the guidelines for detention admissions established by the
3151 Division of Juvenile Justice Services under Section 62A-7-202, the results of the detention risk
3152 assessment, and the criteria for detention eligibility under Section 78A-6-113, whether to:
3153 (A) admit the minor to secure detention[
3154 (B) admit the minor to home detention[
3155 (C) place the minor in [
3156 detention; or
3157 (D) return the minor home upon written promise to bring the minor to the court at a
3158 time set, or without restriction.
3159 (ii) If the designated [
3160 minor to home detention, that staff person shall notify the juvenile court of that determination.
3161 The court shall order that notice be provided to the designated persons in the local law
3162 enforcement agency and the school or transferee school, if applicable, which the minor attends
3163 of the home detention. The designated persons may receive the information for purposes of the
3164 minor's supervision and student safety.
3165 (iii) Any employee of the local law enforcement agency and the school which the
3166 minor attends who discloses the notification of home detention is not:
3167 (A) civilly liable except when disclosure constitutes fraud or willful misconduct as
3168 provided in Section 63G-7-202; and
3169 (B) civilly or criminally liable except when disclosure constitutes a knowing violation
3170 of Section 63G-2-801.
3171 (iv) The person who takes a minor to a detention facility or the designated facility staff
3172 person may release a minor to a less restrictive alternative even if the minor is eligible for
3173 secure detention under Subsection (4).
3174 (c) A minor may not be admitted to detention unless the minor is detainable based on
3175 the guidelines or the minor has been brought to detention pursuant to a judicial order or
3176 division warrant pursuant to Section 62A-7-504.
3177 (d) If a minor taken to detention does not qualify for admission under the guidelines
3178 established by the division under Section 62A-7-104 or the eligibility criteria under Subsection
3179 (4) and this Subsection (5), detention staff shall arrange an appropriate [
3180 (e) If a minor is taken into custody and admitted to a secure detention or shelter
3181 facility, facility staff shall:
3182 (i) immediately notify the minor's parents, guardian, or custodian; and
3183 (ii) promptly notify the court of the placement.
3184 (f) If the minor is admitted to a secure detention or shelter facility outside the county of
3185 the minor's residence and it is determined in the hearing held under Subsection 78A-6-113(3)
3186 that detention shall continue, the judge or commissioner shall direct the sheriff of the county of
3187 the minor's residence to transport the minor to a detention or shelter facility as provided in this
3188 section.
3189 (6) A person may be taken into custody by a peace officer without a court order if the
3190 person is in apparent violation of a protective order or if there is reason to believe that a child is
3191 being abused by the person and any of the situations outlined in Section 77-7-2 exist.
3192 Section 49. Section 78A-6-113 is amended to read:
3193 78A-6-113. Placement of minor in detention or shelter facility -- Grounds --
3194 Detention hearings -- Period of detention -- Notice -- Confinement for criminal
3195 proceedings -- Bail laws inapplicable -- Exception.
3196 (1) (a) A minor may not be placed or kept in a secure detention facility pending court
3197 proceedings [
3198
3199
3200 [
3201
3202
3203 [
3204 proceedings unless it is unsafe to leave the child with the child's parents, guardian, or
3205 custodian.
3206 (2) After admission of a child to a detention facility pursuant to [
3207
3208 investigation by an authorized officer of the court, the judge or the officer shall order the
3209 release of the child to the child's parents, guardian, or custodian if it is found the child can be
3210 safely returned to their care, either upon written promise to bring the child to the court at a time
3211 set or without restriction.
3212 (a) If a child's parent, guardian, or custodian fails to retrieve the child from a facility
3213 within 24 hours after notification of release, the parent, guardian, or custodian is responsible
3214 for the cost of care for the time the child remains in the facility.
3215 (b) The facility shall determine the cost of care.
3216 (c) Any money collected under this Subsection (2) shall be retained by the Division of
3217 Juvenile Justice Services to recover the cost of care for the time the child remains in the
3218 facility.
3219 (d) Every effort should be made to release the child from secure detention to the child's
3220 parent, guardian, or custodian, and if that is not possible, to a less restrictive alternative.
3221 (3) (a) When a child is detained in a detention or shelter facility, the parents or
3222 guardian shall be informed by the person in charge of the facility that [
3223 or guardian's child has the right to a prompt hearing in court, with defense representation, to
3224 determine whether the child is to be further detained or released.
3225 (b) When a minor is detained in a detention facility, the minor shall be informed by the
3226 person in charge of the facility that the minor has the right to a prompt hearing in court, with
3227 defense representation, to determine whether the minor is to be further detained or released.
3228 (c) Detention hearings shall be held by the judge or by a commissioner.
3229 (d) The court may, at any time, order the release of the minor, whether a detention
3230 hearing is held or not.
3231 (e) If a child is released, and the child remains in the facility, because the parents,
3232 guardian, or custodian fails to retrieve the child, the parents, guardian, or custodian shall be
3233 responsible for the cost of care as provided in Subsections (2)(a), (b), and (c).
3234 (4) (a) A minor may not be held in a detention facility longer than 48 hours [
3235 before a detention hearing, excluding weekends and holidays, unless the court has entered an
3236 order for continued detention.
3237 (b) A child may not be held in a shelter facility longer than 48 hours [
3238 shelter hearing, excluding weekends and holidays, unless a court order for extended shelter has
3239 been entered by the court after notice to all parties described in Section 78A-6-306.
3240 (c) A hearing for detention or shelter may not be waived. Detention staff shall provide
3241 the court with all information received from the person who brought the minor to the detention
3242 facility.
3243 (d) [
3244 The judge or commissioner may only order [
3245 in another appropriate facility, subject to further order of the court, if the court finds and makes
3246 a record at a detention hearing that:
3247 (i) releasing the minor to the minor's parent, guardian, or custodian presents an
3248 unreasonable risk to public safety;
3249 (ii) less restrictive nonresidential alternatives to detention have been considered and,
3250 where appropriate, attempted; and
3251 (iii) the minor is eligible for detention under the division guidelines for detention
3252 admissions established by the Division of Juvenile Justice Services, under Section 62A-7-202
3253 and under Section 78A-6-112.
3254 (e) (i) After a detention hearing has been held, only the court may release a minor from
3255 detention. If a minor remains in a detention facility, periodic reviews shall be held pursuant to
3256 the Utah State Juvenile Court Rules of Practice and Procedure to ensure that continued
3257 detention is necessary.
3258 (ii) After a detention hearing for a violent felony, as defined in Section 76-3-203.5, or
3259 an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that
3260 notice of its decision, including any disposition, order, or no contact orders, be provided to
3261 designated persons in the appropriate local law enforcement agency and district superintendent
3262 or the school or transferee school, if applicable, that the minor attends. The designated persons
3263 may receive the information for purposes of the minor's supervision and student safety.
3264 (iii) Any employee of the local law enforcement agency, school district, and the school
3265 that the minor attends who discloses the court's order of probation is not:
3266 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
3267 provided in Section 63G-7-202; and
3268 (B) civilly or criminally liable except when disclosure constitutes a knowing violation
3269 of Section 63G-2-801.
3270 (5) A minor may not be held in a detention facility, following a dispositional order of
3271 the court for nonsecure substitute care as defined in Section 62A-4a-101, or for
3272 community-based placement under Section 62A-7-101.
3273 (6) A minor may not be held in a detention facility following a disposition order of the
3274 court for longer than 72 hours, excluding weekends and holidays. The period of detention may
3275 be extended by the court for [
3276 (a) the Division of Juvenile Justice Services or another agency responsible for
3277 placement files a written petition with the court requesting the extension and setting forth good
3278 cause; and
3279 (b) the court enters a written finding that it is in the best interests of both the minor and
3280 the community to extend the period of detention.
3281 [
3282 that a written petition has been filed.
3283 [
3284 disposition and any ruling on a petition for an extension, whether granted or denied.
3285 [
3286 place for adult detention except as provided by Section 62A-7-201 or unless certified as an
3287 adult pursuant to Section 78A-6-703. [
3288 confinement facilities [
3289 (b) A child 16 years of age or older whose conduct or condition endangers the safety or
3290 welfare of others in the detention facility for children may, by court order that specifies the
3291 reasons, be detained in another place of confinement considered appropriate by the court,
3292 including a jail or other place of confinement for adults. However, a secure [
3293 facility is not an appropriate place of confinement for detention purposes under this section.
3294 [
3295 detention of adult offenders or persons charged with crime shall immediately notify the
3296 juvenile court when a person who is or appears to be under 18 years of age is received at the
3297 facility and shall make arrangements for the transfer of the person to a detention facility, unless
3298 otherwise ordered by the juvenile court.
3299 [
3300 under charges pursuant to Section 78A-6-701 or by order of the juvenile court to be held for
3301 criminal proceedings in the district court under Section 78A-6-702 or 78A-6-703.
3302 [
3303 78A-6-702, or 78A-6-703 may be detained in a jail or other place of detention used for adults
3304 charged with crime.
3305 [
3306 taken into custody under this chapter, except that bail may be allowed:
3307 (a) if a minor who need not be detained lives outside this state; or
3308 (b) when a minor who need not be detained comes within one of the classes in
3309 Subsection 78A-6-603(11).
3310 [
3311 commits an act against a jail or other place of confinement, including a Division of Juvenile
3312 Justice Services detention, shelter, or secure confinement facility which would be a third
3313 degree felony if committed by an adult.
3314 Section 50. Section 78A-6-115 is amended to read:
3315 78A-6-115. Hearings -- Record -- County attorney or district attorney
3316 responsibilities -- Attorney general responsibilities -- Disclosure -- Admissibility of
3317 evidence.
3318 (1) (a) A verbatim record of the proceedings shall be taken in all cases that might result
3319 in deprivation of custody as defined in this chapter. In all other cases a verbatim record shall
3320 also be made unless dispensed with by the court.
3321 (b) (i) Notwithstanding any other provision, including Title 63G, Chapter 2,
3322 Government Records Access and Management Act, a record of a proceeding made under
3323 Subsection (1)(a) shall be released by the court to any person upon a finding on the record for
3324 good cause.
3325 (ii) Following a petition for a record of a proceeding made under Subsection (1)(a), the
3326 court shall:
3327 (A) provide notice to all subjects of the record that a request for release of the record
3328 has been made; and
3329 (B) allow sufficient time for the subjects of the record to respond before making a
3330 finding on the petition.
3331 (iii) A record of a proceeding may not be released under this Subsection (1)(b) if the
3332 court's jurisdiction over the subjects of the proceeding ended more than 12 months [
3333 before the request.
3334 (iv) For purposes of this Subsection (1)(b):
3335 (A) "record of a proceeding" does not include documentary materials of any type
3336 submitted to the court as part of the proceeding, including items submitted under Subsection
3337 (4)(a); and
3338 (B) "subjects of the record" includes the child's guardian ad litem, the child's legal
3339 guardian, the Division of Child and Family Services, and any other party to the proceeding.
3340 (2) (a) Except as provided in Subsection (2)(b), the county attorney or, if within a
3341 prosecution district, the district attorney shall represent the state in any proceeding in a minor's
3342 case.
3343 (b) The attorney general shall enforce all provisions of Title 62A, Chapter 4a, Child
3344 and Family Services, and this chapter, relating to:
3345 (i) protection or custody of an abused, neglected, or dependent child; and
3346 (ii) petitions for termination of parental rights.
3347 (c) The attorney general shall represent the Division of Child and Family Services in
3348 actions involving a minor who is not adjudicated as abused or neglected, but who is [
3349
3350
3351
3352 Section 78A-6-117. Nothing in this Subsection (2)(c) may be construed to affect the
3353 responsibility of the county attorney or district attorney to represent the state in those matters,
3354 in accordance with [
3355 (3) The board may adopt special rules of procedure to govern proceedings involving
3356 violations of traffic laws or ordinances, wildlife laws, and boating laws. However, proceedings
3357 involving offenses under Section 78A-6-606 are governed by that section regarding suspension
3358 of driving privileges.
3359 (4) (a) For the purposes of determining proper disposition of the minor in dispositional
3360 hearings and establishing the fact of abuse, neglect, or dependency in adjudication hearings and
3361 in hearings upon petitions for termination of parental rights, written reports and other material
3362 relating to the minor's mental, physical, and social history and condition may be received in
3363 evidence and may be considered by the court along with other evidence. The court may require
3364 that the person who wrote the report or prepared the material appear as a witness if the person
3365 is reasonably available.
3366 (b) For the purpose of determining proper disposition of a minor alleged to be or
3367 adjudicated as abused, neglected, or dependent, dispositional reports prepared by the division
3368 under Section 78A-6-315 may be received in evidence and may be considered by the court
3369 along with other evidence. The court may require any person who participated in preparing the
3370 dispositional report to appear as a witness, if the person is reasonably available.
3371 (5) (a) In an abuse, neglect, or dependency proceeding occurring after the
3372 commencement of a shelter hearing under Section 78A-6-306 or the filing of a petition under
3373 Section 78A-6-304, each party to the proceeding shall provide in writing to the other parties or
3374 their counsel any information which the party:
3375 (i) plans to report to the court at the proceeding; or
3376 (ii) could reasonably expect would be requested of the party by the court at the
3377 proceeding.
3378 (b) The disclosure required under Subsection (5)(a) shall be made:
3379 (i) for dispositional hearings under Sections 78A-6-311 and 78A-6-312, no less than
3380 five days before the proceeding;
3381 (ii) for proceedings under [
3382 Rights Act, in accordance with Utah Rules of Civil Procedure; and
3383 (iii) for all other proceedings, no less than five days before the proceeding.
3384 (c) If a party to a proceeding obtains information after the deadline in Subsection
3385 (5)(b), the information is exempt from the disclosure required under Subsection (5)(a) if the
3386 party certifies to the court that the information was obtained after the deadline.
3387 (d) Subsection (5)(a) does not apply to:
3388 (i) pretrial hearings; and
3389 (ii) the frequent, periodic review hearings held in a dependency drug court case to
3390 assess and promote the parent's progress in substance [
3391 (6) For the purpose of establishing the fact of abuse, neglect, or dependency, the court
3392 may, in its discretion, consider evidence of statements made by a child under eight years of age
3393 to a person in a trust relationship.
3394 Section 51. Section 78A-6-117 is amended to read:
3395 78A-6-117. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
3396 Enumeration of possible court orders -- Considerations of court.
3397 (1) (a) When a minor is found to come within [
3398 the court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
3399 jurisdiction over the minor. However, in cases within [
3400 78A-6-103(1), findings of fact are not necessary.
3401 (b) If the court adjudicates a minor for a crime of violence or an offense in violation of
3402 Title 76, Chapter 10, Part 5, Weapons, [
3403 adjudication be provided to the school superintendent of the district in which the minor resides
3404 or attends school. Notice shall be made to the district superintendent within three days of the
3405 adjudication and shall include:
3406 (i) the specific offenses for which the minor was adjudicated; and
3407 (ii) if available, if the victim:
3408 (A) resides in the same school district as the minor; or
3409 (B) attends the same school as the minor.
3410 (c) An adjudicated minor shall undergo a validated risk and needs assessment. Results
3411 of the assessment shall be used to inform disposition decisions and case planning. Assessment
3412 results, if available, may not be shared with the court before adjudication.
3413 (2) Upon adjudication the court may make the following dispositions by court order:
3414 (a) (i) The court may place the minor on probation or under protective supervision in
3415 the minor's own home and upon conditions determined by the court, including compensatory
3416 service [
3417 [
3418
3419 [
3420 [
3421 [
3422 (ii) Any condition ordered by the court under Subsection (2)(a)(i), including treatment,
3423 shall be individualized and shall address a specifically assessed risk or need based on the
3424 results of the validated risk and needs assessment conducted under Subsection (1)(c). A court
3425 may not issue standard orders that are control-oriented conditions, but a court may issue special
3426 orders for conditions if they are based on the results of a validated risk and needs assessment.
3427 (iii) Prohibitions on weapon possession, where appropriate, shall be specific to the
3428 minor and not the minor's family.
3429 [
3430 direct that notice of [
3431 enforcement agency and the school or transferee school, if applicable, that the minor attends.
3432 The designated persons may receive the information for purposes of the minor's supervision
3433 and student safety.
3434 [
3435 the minor attends who discloses the court's order of probation is not:
3436 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
3437 provided in Section 63G-7-202; and
3438 (B) civilly or criminally liable except when the disclosure constitutes a knowing
3439 violation of Section 63G-2-801.
3440 (b) The court may place the minor in the legal custody of a relative or other suitable
3441 person, with or without probation or protective supervision, but the juvenile court may not
3442 assume the function of developing foster home services.
3443 (c) (i) The court [
3444
3445
3446 order the Division of Juvenile Justice Services to provide dispositional recommendations and
3447 services[
3448 [
3449
3450 [
3451
3452
3453
3454 [
3455
3456
3457
3458 [
3459
3460
3461 (A) a validated risk and needs assessment indicates that the minor needs residential
3462 treatment and nonresidential treatment options have been exhausted; and
3463 (B) the minor is adjudicated under this section for a felony offense, a misdemeanor
3464 when the minor has five prior misdemeanors or felony adjudications arising from separate
3465 criminal episodes, or a misdemeanor involving the use of a dangerous weapon.
3466 (ii) The court may not vest legal custody of a minor in the Division of Juvenile Justice
3467 Services for:
3468 (A) contempt of court except to the extent permitted under Section 78A-6-1101;
3469 (B) a violation of probation;
3470 (C) failure to pay a fine, fee, restitution, or other financial obligation;
3471 (D) unfinished compensatory or community service hours;
3472 (E) an infraction; or
3473 (F) a status offense.
3474 [
3475 may petition the court to express the minor's desire to be removed from the jurisdiction of the
3476 juvenile court and from the custody of the Division of Child and Family Services if the minor
3477 is in the division's custody on grounds of abuse, neglect, or dependency.
3478 (B) If the minor's parent's rights have not been terminated in accordance with Part 5,
3479 Termination of Parental Rights Act, the minor's petition shall contain a statement from the
3480 minor's parent or guardian agreeing that the minor should be removed from the custody of the
3481 Division of Child and Family Services.
3482 (C) The minor and the minor's parent or guardian shall sign the petition.
3483 (D) The court shall review the petition within 14 days.
3484 (E) The court shall remove the minor from the custody of the Division of Child and
3485 Family Services if the minor and the minor's parent or guardian have met the requirements
3486 described in Subsections (2)(c)(iv)(B) and (C) and if the court finds, based on input from the
3487 Division of Child and Family Services, the minor's guardian ad litem, and the Office of the
3488 Attorney General, that the minor does not pose an imminent threat to self or others.
3489 (F) A minor removed from custody under Subsection (2)(c)(iv)(E) may, within 90 days
3490 of the date of removal, petition the court to re-enter custody of the Division of Child and
3491 Family Services.
3492 (G) Upon receiving a petition under Subsection (2)(c)(iv)(F), the court shall order the
3493 Division of Child and Family Services to take custody of the minor based on the findings the
3494 court entered when the court originally vested custody in the Division of Child and Family
3495 Services.
3496 (d) (i) The court [
3497 Services for secure confinement[
3498 others and is adjudicated under this section for:
3499 (A) a felony offense;
3500 (B) a misdemeanor if the minor has five prior misdemeanor or felony adjudications
3501 arising from separate criminal episodes; or
3502 (C) a misdemeanor involving use of a firearm.
3503 (ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect,
3504 or dependency under Subsection 78A-6-103(1)[
3505 Juvenile Justice Services.
3506 (iii) The court may not commit a minor to the Division of Juvenile Justice Services for
3507 secure confinement for:
3508 (A) contempt of court;
3509 (B) a violation of probation;
3510 (C) failure to pay a fine, fee, restitution, or other financial obligation;
3511 (D) unfinished compensatory or community service hours;
3512 (E) an infraction; or
3513 (F) a status offense.
3514 (e) The court may [
3515
3516
3517
3518
3519 health, psychological, or sexual behavior risk assessment.
3520 (f) (i) The court may commit a minor to a place of detention or an alternative to
3521 detention for a period not to exceed 30 cumulative days per adjudication subject to the court
3522 retaining continuing jurisdiction over the minor. This commitment may not be [
3523 suspended upon conditions ordered by the court.
3524 (ii) This Subsection (2)(f) applies only to a minor adjudicated for:
3525 (A) an act which if committed by an adult would be a criminal offense; or
3526 (B) contempt of court under Section 78A-6-1101.
3527 (iii) The court may not commit a minor to a place of detention for:
3528 (A) contempt of court except to the extent allowed under Section 78A-6-1101;
3529 (B) a violation of probation;
3530 (C) failure to pay a fine, fee, restitution, or other financial obligation;
3531 (D) unfinished compensatory or community service hours;
3532 (E) an infraction; or
3533 (F) a status offense.
3534 (iv) (A) Time spent in detention pre-adjudication shall be credited toward the 30
3535 cumulative days eligible as a disposition under Subsection (2)(f)(i). If the minor spent more
3536 than 30 days in a place of detention before disposition, the court may not commit a minor to
3537 detention under this section.
3538 (B) Notwithstanding Subsection (2)(f)(iv)(A), the court may commit a minor for a
3539 maximum of seven days while a minor is awaiting placement under Subsection (2)(c)(i). Only
3540 the seven days under this Subsection (2)(f)(iv)(B) may be combined with a nonsecure
3541 placement.
3542 (v) Notwithstanding Subsection (2)(u), no more than seven days of detention may be
3543 ordered in combination with an order under Subsection (2)(c)(i).
3544 (g) The court may vest legal custody of an abused, neglected, or dependent minor in
3545 the Division of Child and Family Services or any other appropriate person in accordance with
3546 the requirements and procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
3547 Dependency Proceedings.
3548 [
3549
3550
3551
3552
3553
3554
3555 (h) (i) If the court has reasonable suspicion of abuse, neglect, as defined in Section
3556 78A-6-105, or dependency, the court may order the Division of Child and Family Services to
3557 conduct an assessment to determine if provision of in-home family preservation services, under
3558 Section 62A-4a-202, is appropriate.
3559 (ii) The court shall make and record findings of fact related to the court's reasonable
3560 suspicion.
3561 (iii) If the assessment indicates a need for in-home family preservation services under
3562 Section 62A-4a-202, the court, without filing a petition under Section 78A-6-304, may order:
3563 (A) provision of in-home family services for children adjudicated under Section
3564 78A-6-117 by the Division of Child and Family Services; and
3565 (B) participation of the child's parent or guardian in the in-home family services.
3566 (i) (i) The court may order a minor to repair, replace, or otherwise make restitution for
3567 [
3568
3569 minor agrees to make restitution.
3570 (ii) A victim has the meaning defined under Subsection 77-38a-102(14). A victim of an
3571 offense that involves as an element a scheme, a conspiracy, or a pattern of criminal activity,
3572 includes any person directly harmed by the minor's delinquency conduct in the course of the
3573 scheme, conspiracy, or pattern.
3574 (iii) If the victim and the minor agree to participate, the court may refer the case to a
3575 restorative justice program such as victim offender mediation to address how loss resulting
3576 from the adjudicated act may be addressed.
3577 (iv) For the purpose of determining whether and how much restitution is appropriate,
3578 the court shall consider the following:
3579 (A) restitution shall only be ordered for the victim's material loss;
3580 (B) restitution may not be ordered if there is evidence of the minor's inability to pay or
3581 acquire the means to pay; and
3582 (C) any amount paid by the minor to the victim in civil penalty shall be credited against
3583 restitution owed.
3584 (v) Any amount paid to the victim in restitution shall be credited against liability in a
3585 civil suit.
3586 [
3587 governmental agency who offered and paid a reward to a person or persons for providing
3588 information resulting in a court adjudication that the minor is within the jurisdiction of the
3589 juvenile court due to the commission of a criminal offense.
3590 [
3591 the court may order the minor to make restitution for costs expended by any governmental
3592 entity for the return.
3593 (viii) The prosecutor shall submit a request for restitution to the court at the time of
3594 disposition, if feasible, otherwise within three months after sentencing.
3595 (ix) A financial disposition ordered shall prioritize the payment of restitution.
3596 (j) The court may issue orders necessary for the collection of restitution and fines
3597 ordered by the court, including garnishments, wage withholdings, and executions, except for an
3598 order that changes the custody of the minor, including detention or other secure or nonsecure
3599 residential placements.
3600 (k) (i) The court may through its probation department encourage the development of
3601 employment or work programs to enable minors to fulfill their obligations under Subsection
3602 (2)(i) and for other purposes considered desirable by the court.
3603 (ii) Consistent with the order of the court, the probation officer may permit a minor
3604 found to be within the jurisdiction of the court to participate in a nonresidential program of
3605 work restitution or compensatory service in lieu of paying part or all of the fine imposed by the
3606 court.
3607 (iii) The court may order the minor to:
3608 (A) pay a fine, fee, restitution, or other cost; or
3609 (B) complete service hours.
3610 (iv) If the court orders a minor to pay a fine, fee, restitution, or other cost, or to
3611 complete service hours, those dispositions shall be considered collectively to ensure that the
3612 order is reasonable and prioritizes restitution.
3613 (v) If the court orders a minor to pay a fine, fee, or other cost, or complete service
3614 hours, the cumulative order shall be limited per criminal episode as follows:
3615 (A) for children under age 16 at adjudication, the court may impose up to $180 or up to
3616 24 hours of service; and
3617 (B) for minors 16 and older at adjudication, the court may impose up to $270 or up to
3618 36 hours of service.
3619 (vi) The cumulative order under Subsection (2)(k)(v) does not include restitution.
3620 (vii) If the court converts a fine, fee, or restitution amount to service hours, the rate of
3621 conversion shall be no less than the minimum wage.
3622 (l) (i) In violations of traffic laws within the court's jurisdiction, when the court finds
3623 that as part of the commission of the violation the minor was in actual control of a motor
3624 vehicle, the court may, in addition to any other disposition authorized by this section:
3625 (A) restrain the minor from driving for periods of time the court considers necessary;
3626 and
3627 (B) take possession of the minor's driver license.
3628 (ii) The court may enter any other eligible disposition under Subsection (2)(l)(i) except
3629 for a disposition under Subsection (2)(c), (d), or (f). However, the suspension of driving
3630 privileges for an offense under Section 78A-6-606 is governed only by Section 78A-6-606.
3631 [
3632
3633
3634
3635
3636 (m) (i) The court may order a minor to complete community or compensatory service
3637 hours in accordance with Subsections (2)(k)(iv) and (v).
3638 (ii) When community service is ordered, the presumptive service order shall include
3639 between five and 10 hours of service.
3640 (iii) Satisfactory completion of an approved substance [
3641 or treatment program or other court-approved condition may be credited by the court as
3642 compensatory service hours.
3643 [
3644
3645
3646
3647
3648
3649
3650 [
3651 Section 78A-6-103 because of a violation of Section 76-6-106 or 76-6-206 using graffiti, the
3652 court may order the minor to clean up graffiti created by the minor or any other person at a time
3653 and place within the jurisdiction of the court. Compensatory service [
3654 this section may be performed in the presence and under the direct supervision of the minor's
3655 parent or legal guardian. The parent or legal guardian shall report completion of the order to
3656 the court. [
3657
3658
3659 or repair to the damaged property pursuant to [
3660 [
3661
3662 [
3663
3664 [
3665
3666 (n) (i) Subject to Subsection (2)(n)(iii), the court may order that a minor:
3667 (A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
3668 (B) receive other special care.
3669 (ii) For purposes of receiving the examination, treatment, or care described in
3670 Subsection (2)(n)(i), the court may place the minor in a hospital or other suitable facility that is
3671 not a secure facility or secure detention.
3672 (iii) In determining whether to order the examination, treatment, or care described in
3673 Subsection (2)(n)(i), the court shall consider:
3674 (A) the desires of the minor;
3675 (B) if the minor is under the age of 18, the desires of the parents or guardian of the
3676 minor; and
3677 (C) whether the potential benefits of the examination, treatment, or care outweigh the
3678 potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
3679 function impairment, or emotional or physical harm resulting from the compulsory nature of
3680 the examination, treatment, or care.
3681 (iv) The Division of Child and Family Services shall take reasonable measures to
3682 notify a parent or guardian of any non-emergency health treatment or care scheduled for a
3683 child, shall include the parent or guardian as fully as possible in making health care decisions
3684 for the child, and shall defer to the parent's or guardian's reasonable and informed decisions
3685 regarding the child's health care to the extent that the child's health and well being are not
3686 unreasonably compromised by the parent's or guardian's decision.
3687 (v) The Division of Child and Family Services shall notify the parent or guardian of a
3688 child within five business days after a child in the custody of the Division of Child and Family
3689 Services receives emergency health care or treatment.
3690 (vi) The Division of Child and Family Services shall use the least restrictive means to
3691 accomplish a compelling interest in the care and treatment of a child described in this
3692 Subsection (2)(n).
3693 (o) (i) The court may appoint a guardian for the minor if it appears necessary in the
3694 interest of the minor, and may appoint as guardian a public or private institution or agency, but
3695 not a nonsecure residential placement provider, in which legal custody of the minor is vested.
3696 (ii) In placing a minor under the guardianship or legal custody of an individual or of a
3697 private agency or institution, the court shall give primary consideration to the welfare of the
3698 minor. When practicable, the court may take into consideration the religious preferences of the
3699 minor and of a child's parents.
3700 (p) (i) In support of a decree under Section 78A-6-103, the court may order reasonable
3701 conditions to be complied with by a minor's parents or guardian, [
3702 or any other person who has been made a party to the proceedings. Conditions may include the
3703 following if the conditions are based on the results of a validated risk and needs assessment:
3704 (A) parent-time by the parents or one parent;
3705 (B) restrictions on the minor's associates;
3706 (C) restrictions on the minor's occupation and other activities; and
3707 (D) requirements to be observed by the parents or custodian.
3708 (ii) A minor whose parents or guardians successfully complete a family or other
3709 counseling program may be credited by the court for detention, confinement, or probation time.
3710 (q) The court may order the child to be committed to the physical custody of a local
3711 mental health authority, in accordance with the procedures and requirements of Title 62A,
3712 Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
3713 Mental Health.
3714 (r) (i) The court may make an order committing a minor within the court's jurisdiction
3715 to the Utah State Developmental Center if the minor has an intellectual disability in accordance
3716 with [
3717 Facility for People with an Intellectual Disability.
3718 (ii) The court shall follow the procedure applicable in the district courts with respect to
3719 judicial commitments to the Utah State Developmental Center when ordering a commitment
3720 under Subsection (2)(r)(i).
3721 (s) The court may terminate all parental rights upon a finding of compliance with [
3722
3723 (t) The court may make [
3724 reoffending that are for the best interest of the minor [
3725 the public, except that a child may not be committed to jail [
3726 custody of the Division of Juvenile Justice Services under Subsections (2)(c) and (d). An order
3727 that is inconsistent with the remaining provisions of this section is void.
3728 (u) The court may combine the dispositions listed in this section if it is permissible and
3729 they are compatible.
3730 (v) Before depriving any parent of custody, the court shall give due consideration to the
3731 rights of parents concerning their child. The court may transfer custody of a minor to another
3732 person, agency, or institution in accordance with the requirements and procedures of Title 78A,
3733 Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
3734 (w) Except as provided in Subsection (2)(y)(i), an order under this section for
3735 probation or placement of a minor with an individual or an agency shall include a date certain
3736 for a review and presumptive termination of the case by the court in accordance with
3737 Subsection (7) and Section 62A-7-404. A new date shall be set upon each review.
3738 (x) In reviewing foster home placements, special attention shall be given to making
3739 adoptable children available for adoption without delay.
3740 (y) (i) The juvenile court may enter an order of permanent custody and guardianship
3741 with an individual or relative of a child where the court has previously acquired jurisdiction as
3742 a result of an adjudication of abuse, neglect, or dependency. The juvenile court may enter an
3743 order for child support on behalf of the child against the natural or adoptive parents of the
3744 child.
3745 (ii) Orders under Subsection (2)(y)(i):
3746 (A) shall remain in effect until the child reaches majority; and
3747 [
3748 [
3749 (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
3750 permanent orders of custody and guardianship do not expire with a termination of jurisdiction
3751 of the juvenile court.
3752 (3) In addition to the dispositions described in Subsection (2), when a minor comes
3753 within the court's jurisdiction, the minor may be given a choice by the court to serve in the
3754 National Guard in lieu of other sanctions, provided:
3755 (a) the minor meets the current entrance qualifications for service in the National
3756 Guard as determined by a recruiter, whose determination is final;
3757 (b) the minor is not under the jurisdiction of the court for any act that:
3758 (i) would be a felony if committed by an adult;
3759 (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
3760 (iii) was committed with a weapon; and
3761 (c) the court retains jurisdiction over the minor under conditions set by the court and
3762 agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
3763 (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
3764 of the court as described in Subsection 53-10-403(3). The specimen shall be obtained by
3765 designated employees of the court or, if the minor is in the legal custody of the Division of
3766 Juvenile Justice Services, then by designated employees of the division under Subsection
3767 53-10-404(5)(b).
3768 (b) The responsible agency shall ensure that employees designated to collect the saliva
3769 DNA specimens receive appropriate training and that the specimens are obtained in accordance
3770 with accepted protocol.
3771 (c) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNA
3772 Specimen Restricted Account created in Section 53-10-407.
3773 (d) Payment of the reimbursement is second in priority to payments the minor is
3774 ordered to make for restitution under this section and treatment under Section 78A-6-321.
3775 (5) A disposition hearing shall be held expediently upon adjudication. A disposition
3776 hearing may only be delayed for the time needed to complete crucial assessments.
3777 (6) (a) A disposition made by the court pursuant to this section may not be suspended,
3778 except for the following:
3779 (i) If a minor qualifies for commitment to the Division of Juvenile Justice Services
3780 under Subsection (2)(c) or (d), the court may suspend a custody order pursuant to Subsection
3781 (2)(c) or (d) in lieu of immediate commitment, upon the condition that the minor commit no
3782 new misdemeanor or felony offense during the three months following the day of disposition.
3783 (ii) The duration of a suspended custody order made under Subsection (6)(a)(i) may not
3784 exceed three months post-disposition and may not be extended under any circumstance.
3785 (iii) The court may only impose a custody order suspended under Subsection (6)(a)(i)
3786 following adjudication of a new misdemeanor or felony offense committed by the minor during
3787 the period of suspension set out under Subsection (6)(a)(ii).
3788 (b) The court pursuant to Subsection (6)(a) shall terminate jurisdiction over the minor
3789 at the end of the presumptive time frame unless at least one the following circumstances exists:
3790 (i) termination pursuant to Subsection (7)(a)(ii) would interrupt the completion of a
3791 program determined to be necessary by the results of a validated risk and needs assessment
3792 with completion determined by a licensed service provider on the basis of the minor
3793 completing the goals of the necessary treatment program;
3794 (ii) the minor commits a new misdemeanor or felony offense;
3795 (iii) service hours have not been completed; or
3796 (iv) there is an outstanding fine.
3797 (7) When the court places a minor on probation under Subsection (2)(a) or vests legal
3798 custody of the minor in the Division of Juvenile Justice Services under Subsection (2)(c), the
3799 court shall do so for a defined period of time pursuant to this section.
3800 (a) For the purposes of placing a minor on probation under Subsection (2)(a), the court
3801 shall establish a presumptive term of probation as specified in this Subsection (7):
3802 (i) the presumptive maximum length of intake probation may not exceed three months;
3803 and
3804 (ii) the presumptive maximum length of formal probation may not exceed four to six
3805 months.
3806 (b) For the purposes of vesting legal custody of the minor in the Division of Juvenile
3807 Justice Services under Subsection (2)(c), the court shall establish a maximum term of custody
3808 and a maximum term of aftercare as specified in this Subsection (7):
3809 (i) the presumptive maximum length of out-of-home placement may not exceed three
3810 to six months; and
3811 (ii) the presumptive maximum length of aftercare supervision, for those previously
3812 placed out-of-home, may not exceed three to four months, and minors may serve the term of
3813 aftercare in the home of a qualifying relative or guardian.
3814 (c) The court pursuant to Subsections (7)(a) and (b), and the Youth Parole Authority
3815 pursuant to Subsection (7)(b), shall terminate jurisdiction over the minor at the end of the
3816 presumptive time frame unless at least one of the following circumstances exists:
3817 (i) termination pursuant to Subsection (7)(a)(ii) would interrupt the completion of a
3818 program determined to be necessary by the results of a validated risk and needs assessment,
3819 with completion determined by a licensed service provider on the basis of the minor
3820 completing the goals of the necessary treatment program;
3821 (ii) termination pursuant to Subsection (7)(a)(i) or (7)(b) would interrupt the
3822 completion of a program determined to be necessary by the results of a validated risk and needs
3823 assessment, with completion determined on the basis of whether the minor has regularly and
3824 consistently attended the treatment program;
3825 (iii) the minor commits a new misdemeanor or felony offense;
3826 (iv) service hours have not been completed; or
3827 (v) there is an outstanding fine.
3828 (d) (i) Subject to Subsection (7)(g), if one of the circumstances under Subsection
3829 (7)(c)(i), (ii), (iii), or (iv) exists, the court may extend jurisdiction for the time needed to
3830 address the specific circumstance.
3831 (ii) Subject to Subsection (7)(g), if one of the circumstances under Subsection (7)(c)(i),
3832 (ii), (iii), or (iv) exists, and the Youth Parole Authority has jurisdiction, the Youth Parole
3833 Authority may extend jurisdiction for the time needed to address the specific circumstance.
3834 (e) If the circumstance under Subsection (7)(c)(iv) exists, the court, or the Youth
3835 Parole Authority if it has jurisdiction, may extend jurisdiction one time for up to three months.
3836 (f) Grounds for extension of the presumptive length of supervision or placement and
3837 the length of any extension shall be recorded in the court record and tracked in the data system
3838 used by the Administrative Office of the Courts and the Division of Juvenile Justice Services.
3839 (g) (i) For a minor who is under the supervision of the juvenile court and whose
3840 supervision is extended to complete service hours under Subsection (7)(c)(iv), jurisdiction may
3841 only be continued under the supervision of intake probation.
3842 (ii) For a minor who is under the jurisdiction of the Youth Parole Authority whose
3843 supervision is extended to complete service hours under Subsection (7)(c)(iv), jurisdiction may
3844 only be continued on parole and not in secure confinement.
3845 (h) In the event of an unauthorized leave lasting more than 24 hours, the supervision
3846 period shall toll until the minor returns.
3847 (8) Subsection (7) does not apply to any minor disposed under this section for:
3848 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
3849 (b) Section 76-5-202, attempted aggravated murder;
3850 (c) Section 76-5-203, murder or attempted murder;
3851 (d) Section 76-5-302, aggravated kidnapping;
3852 (e) Section 76-5-405, aggravated sexual assault;
3853 (f) a felony violation of Section 76-6-103, aggravated arson;
3854 (g) Section 76-6-203, aggravated burglary;
3855 (h) Section 76-6-302, aggravated robbery;
3856 (i) Section 76-10-508.1, felony discharge of a firearm; or
3857 (j) an offense other than those listed in Subsections (8)(a) through (i) involving the use
3858 of a dangerous weapon, that would be a felony if committed by an adult, and the minor has
3859 been previously adjudicated or convicted of an offense involving the use of a dangerous
3860 weapon, which also would have been a felony if committed by an adult.
3861 Section 52. Section 78A-6-118 is amended to read:
3862 78A-6-118. Period of operation of judgment, decree, or order.
3863 [
3864 becomes 21 years of age, except for:
3865 [
3866 custody of the Division of Substance Abuse and Mental Health;
3867 [
3868 [
3869 and permanent orders of custody and guardianships[
3870 [
3871 [
3872
3873
3874
3875
3876
3877
3878
3879
3880 [
3881
3882
3883
3884
3885
3886
3887 [
3888
3889
3890 [
3891
3892 Section 53. Section 78A-6-119 is amended to read:
3893 78A-6-119. Modification of order or decree -- Requirements for changing or
3894 terminating custody, probation, or protective supervision.
3895 (1) The court may modify or set aside any order or decree made by [
3896 accordance with Sections 78A-6-117 and 78A-6-123, however a modification of an order
3897 placing a minor on probation may not [
3898
3899
3900 (a) under Subsection 78A-6-117(2)(c), (d), or (f); or
3901 (b) extending supervision, except pursuant to Subsection 78A-6-117(7).
3902 (2) Notice of the hearing shall be required in any case in which the effect of modifying
3903 or setting aside an order or decree may be to make any change in the minor's legal custody
3904 under Section 78A-6-1103 and pursuant to Section 78A-6-117.
3905 (3) (a) Notice of an order terminating probation or protective supervision of a child
3906 shall be given to the child's:
3907 (i) parents;
3908 (ii) guardian;
3909 (iii) custodian; and
3910 (iv) where appropriate, to the child.
3911 (b) Notice of an order terminating probation or protective supervision of a minor who
3912 is at least 18 years of age shall be given to the minor.
3913 Section 54. Section 78A-6-120 is amended to read:
3914 78A-6-120. Continuing jurisdiction of juvenile court -- Period of and termination
3915 of jurisdiction -- Notice of discharge from custody of local mental health authority or
3916 Utah State Developmental Center -- Transfer of continuing jurisdiction to other district.
3917 (1) Jurisdiction of a minor obtained by the court through adjudication under Section
3918 78A-6-117 continues for purposes of this chapter until [
3919 unless terminated earlier[
3920
3921
3922
3923 (2) (a) The continuing jurisdiction of the court terminates:
3924 (i) upon order of the court;
3925 (ii) upon commitment to a secure [
3926 (iii) upon commencement of proceedings in adult cases under Section 78A-6-1001[
3927 or
3928 (iv) in accordance with Sections 62A-7-404 and 78A-6-117.
3929 (b) The continuing jurisdiction of the court is not terminated by marriage.
3930 (c) Notwithstanding Subsection (2)(a)(ii), the court retains jurisdiction to make and
3931 enforce orders related to restitution until the youth parole authority discharges the youth
3932 offender.
3933 (3) When a minor has been committed by the court to the physical custody of a local
3934 mental health authority or its designee or to the Utah State Developmental Center, the local
3935 mental health authority or its designee or the superintendent of the Utah State Developmental
3936 Center shall give the court written notice of its intention to discharge, release, or parole the
3937 minor not fewer than five days [
3938 (4) Jurisdiction over a minor on probation or under protective supervision, or of a
3939 minor who is otherwise under the continuing jurisdiction of the court, may be transferred by the
3940 court to the court of another district, if the receiving court consents, or upon direction of the
3941 chair of the Board of Juvenile Court Judges. The receiving court has the same powers with
3942 respect to the minor that it would have if the proceedings originated in that court.
3943 (5) A minor adjudicated under Section 78A-6-117 shall undergo a validated risk and
3944 needs assessment within seven days of case closure.
3945 Section 55. Section 78A-6-121 is amended to read:
3946 78A-6-121. Entry of judgment for fine, fee, surcharge, or restitution.
3947 (1) If, [
3948 there remains any unpaid balance for any fine, fee, or restitution ordered by the court, the court
3949 shall record all pertinent information in the juvenile's file [
3950 (2) The court may not transfer responsibility to collect [
3951 surcharges, and restitution to the Office of State Debt Collection.
3952 [
3953
3954
3955 [
3956
3957
3958 Section 56. Section 78A-6-123 is enacted to read:
3959 78A-6-123. Case planning and appropriate responses.
3960 (1) For a minor adjudicated and placed on probation or into the custody of the Division
3961 of Juvenile Justice Services under Section 78A-6-117, a case plan shall be created and shall be:
3962 (a) developed in collaboration with the minor and the minor's family;
3963 (b) individualized to the minor;
3964 (c) informed by the results of a validated risk and needs assessment; and
3965 (d) tailored to the minor's offense and history.
3966 (2) (a) The Administrative Office of the Courts and the Division of Juvenile Justice
3967 Services of the Department of Human Services shall develop a statewide system of appropriate
3968 responses to guide responses to the behaviors of minors:
3969 (i) undergoing nonjudicial adjustments;
3970 (ii) under the jurisdiction of the juvenile court; and
3971 (iii) in the custody of the Division of Juvenile Justice Services.
3972 (b) The system of responses shall include both sanctions and incentives that:
3973 (i) are swift and certain;
3974 (ii) include a continuum of community based responses for minors living at home;
3975 (iii) target a minor's criminogenic risks and needs, as determined by the results of a
3976 validated risk and needs assessment, and the severity of the violation; and
3977 (iv) authorize earned discharge credits as one incentive for compliance.
3978 (c) The system of appropriate responses developed under Subsections (2)(a) and (b)
3979 shall be developed after receiving input from the Sentencing Commission, pursuant to Section
3980 63M-7-404.
3981 (3) A response to a compliant or noncompliant behavior under Subsection (2) shall be
3982 documented in the minor's case plan. Documentation shall include:
3983 (a) positive behaviors and incentives offered;
3984 (b) violations and corresponding sanctions; and
3985 (c) whether the minor has a subsequent violation after a sanction.
3986 (4) Before referring a minor to court for judicial review or to the Youth Parole
3987 Authority if the minor is under the custody of the Youth Parole Authority in response to a
3988 violation, either through a contempt filing under Section 78A-6-1101 or an order to show
3989 cause, a pattern of technical violations and sanction attempts must be documented in the
3990 minor's case plan.
3991 (5) Notwithstanding Subsection (4), violations of no-contact orders with victims and
3992 violations that constitute new delinquency offenses may be filed directly with the court.
3993 Section 57. Section 78A-6-124 is enacted to read:
3994 78A-6-124. Detention risk assessment tool.
3995 (1) The Division of Juvenile Justice Services, in conjunction with the Administrative
3996 Office of the Courts, shall develop or adopt, and validate on the Utah juvenile population, a
3997 statewide detention risk assessment tool.
3998 (2) The detention risk assessment tool shall be administered for each youth under
3999 consideration for detention and may only be conducted by a designated individual who has
4000 completed training to conduct the detention risk assessment tool.
4001 (3) The Division of Juvenile Justice Services and the Administrative Office of the
4002 Courts shall establish cutoff scores for determining eligibility for placement in a juvenile
4003 detention facility or for referral to an alternative to detention.
4004 Section 58. Section 78A-6-302 is amended to read:
4005 78A-6-302. Court-ordered protective custody of a child following petition filing --
4006 Grounds.
4007 (1) After a petition has been filed under Section 78A-6-304, if the child who is the
4008 subject of the petition is not in the protective custody of the division, a court may order that the
4009 child be removed from the child's home or otherwise taken into protective custody if the court
4010 finds, by a preponderance of the evidence, that any one or more of the following circumstances
4011 exist:
4012 (a) (i) there is an imminent danger to the physical health or safety of the child; and
4013 (ii) the child's physical health or safety may not be protected without removing the
4014 child from the custody of the child's parent or guardian;
4015 (b) (i) a parent or guardian engages in or threatens the child with unreasonable conduct
4016 that causes the child to suffer harm; and
4017 (ii) there are no less restrictive means available by which the child's emotional health
4018 may be protected without removing the child from the custody of the child's parent or guardian;
4019 (c) the child or another child residing in the same household has been, or is considered
4020 to be at substantial risk of being, physically abused, sexually abused, or sexually exploited, by a
4021 parent or guardian, a member of the parent's or guardian's household, or other person known to
4022 the parent or guardian;
4023 (d) the parent or guardian is unwilling to have physical custody of the child;
4024 (e) the child is abandoned or left without any provision for the child's support;
4025 (f) a parent or guardian who has been incarcerated or institutionalized has not arranged
4026 or cannot arrange for safe and appropriate care for the child;
4027 (g) (i) a relative or other adult custodian with whom the child is left by the parent or
4028 guardian is unwilling or unable to provide care or support for the child;
4029 (ii) the whereabouts of the parent or guardian are unknown; and
4030 (iii) reasonable efforts to locate the parent or guardian are unsuccessful;
4031 (h) subject to the provisions of Subsections 78A-6-105[
4032 78A-6-117(2)(n) and Section 78A-6-301.5, the child is in immediate need of medical care;
4033 (i) (i) a parent's or guardian's actions, omissions, or habitual action create an
4034 environment that poses a serious risk to the child's health or safety for which immediate
4035 remedial or preventive action is necessary; or
4036 (ii) a parent's or guardian's action in leaving a child unattended would reasonably pose
4037 a threat to the child's health or safety;
4038 (j) the child or another child residing in the same household has been neglected;
4039 (k) the child's natural parent:
4040 (i) intentionally, knowingly, or recklessly causes the death of another parent of the
4041 child;
4042 (ii) is identified by a law enforcement agency as the primary suspect in an investigation
4043 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
4044 (iii) is being prosecuted for or has been convicted of intentionally, knowingly, or
4045 recklessly causing the death of another parent of the child;
4046 (l) an infant has been abandoned, as defined in Section 78A-6-316;
4047 (m) (i) the parent or guardian, or an adult residing in the same household as the parent
4048 or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab
4049 Act; and
4050 (ii) any clandestine laboratory operation was located in the residence or on the property
4051 where the child resided; or
4052 (n) the child's welfare is otherwise endangered.
4053 (2) (a) For purposes of Subsection (1)(a), if a child has previously been adjudicated as
4054 abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or dependency
4055 occurs involving the same substantiated abuser or under similar circumstance as the previous
4056 abuse, that fact constitutes prima facie evidence that the child cannot safely remain in the
4057 custody of the child's parent.
4058 (b) For purposes of Subsection (1)(c):
4059 (i) another child residing in the same household may not be removed from the home
4060 unless that child is considered to be at substantial risk of being physically abused, sexually
4061 abused, or sexually exploited as described in Subsection (1)(c) or Subsection (2)(b)(ii); and
4062 (ii) if a parent or guardian has received actual notice that physical abuse, sexual abuse,
4063 or sexual exploitation by a person known to the parent has occurred, and there is evidence that
4064 the parent or guardian failed to protect the child, after having received the notice, by allowing
4065 the child to be in the physical presence of the alleged abuser, that fact constitutes prima facie
4066 evidence that the child is at substantial risk of being physically abused, sexually abused, or
4067 sexually exploited.
4068 (3) (a) For purposes of Subsection (1), if the division files a petition under Section
4069 78A-6-304, the court shall consider the division's safety and risk assessments described in
4070 Section 62A-4a-203.1 to determine whether a child should be removed from the custody of the
4071 child's parent or guardian or should otherwise be taken into protective custody.
4072 (b) The division shall make a diligent effort to provide the safety and risk assessments
4073 described in Section 62A-4a-203.1 to the court, guardian ad litem, and counsel for the parent or
4074 guardian, as soon as practicable before the shelter hearing described in Section 78A-6-306.
4075 (4) In the absence of one of the factors described in Subsection (1), a court may not
4076 remove a child from the parent's or guardian's custody on the basis of:
4077 (a) educational neglect, truancy, or failure to comply with a court order to attend
4078 school;
4079 (b) mental illness or poverty of the parent or guardian; or
4080 (c) disability of the parent or guardian, as defined in Section 57-21-2.
4081 (5) A child removed from the custody of the child's parent or guardian under this
4082 section may not be placed or kept in a secure detention facility pending further court
4083 proceedings unless the child is detainable based on guidelines promulgated by the Division of
4084 Juvenile Justice Services.
4085 (6) This section does not preclude removal of a child from the child's home without a
4086 warrant or court order under Section 62A-4a-202.1.
4087 (7) (a) Except as provided in Subsection (7)(b), a court or the Division of Child and
4088 Family Services may not remove a child from the custody of the child's parent or guardian on
4089 the sole or primary basis that the parent or guardian refuses to consent to:
4090 (i) the administration of a psychotropic medication to a child;
4091 (ii) a psychiatric, psychological, or behavioral treatment for a child; or
4092 (iii) a psychiatric or behavioral health evaluation of a child.
4093 (b) Notwithstanding Subsection (7)(a), a court or the Division of Child and Family
4094 Services may remove a child under conditions that would otherwise be prohibited under
4095 Subsection (7)(a) if failure to take an action described under Subsection (7)(a) would present a
4096 serious, imminent risk to the child's physical safety or the physical safety of others.
4097 Section 59. Section 78A-6-306 is amended to read:
4098 78A-6-306. Shelter hearing.
4099 (1) A shelter hearing shall be held within 72 hours excluding weekends and holidays
4100 after any one or all of the following occur:
4101 (a) removal of the child from the child's home by the division;
4102 (b) placement of the child in the protective custody of the division;
4103 (c) emergency placement under Subsection 62A-4a-202.1(4);
4104 (d) as an alternative to removal of the child, a parent enters a domestic violence shelter
4105 at the request of the division; or
4106 (e) a "Motion for Expedited Placement in Temporary Custody" is filed under
4107 Subsection 78A-6-106(4).
4108 (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
4109 division shall issue a notice that contains all of the following:
4110 (a) the name and address of the person to whom the notice is directed;
4111 (b) the date, time, and place of the shelter hearing;
4112 (c) the name of the child on whose behalf a petition is being brought;
4113 (d) a concise statement regarding:
4114 (i) the reasons for removal or other action of the division under Subsection (1); and
4115 (ii) the allegations and code sections under which the proceeding has been instituted;
4116 (e) a statement that the parent or guardian to whom notice is given, and the child, are
4117 entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
4118 indigent and cannot afford an attorney, and desires to be represented by an attorney, one will be
4119 provided in accordance with the provisions of Section 78A-6-1111; and
4120 (f) a statement that the parent or guardian is liable for the cost of support of the child in
4121 the protective custody, temporary custody, and custody of the division, and the cost for legal
4122 counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
4123 ability of the parent or guardian.
4124 (3) The notice described in Subsection (2) shall be personally served as soon as
4125 possible, but no later than one business day after removal of the child from the child's home, or
4126 the filing of a "Motion for Expedited Placement in Temporary Custody" under Subsection
4127 78A-6-106(4), on:
4128 (a) the appropriate guardian ad litem; and
4129 (b) both parents and any guardian of the child, unless the parents or guardians cannot
4130 be located.
4131 (4) The following persons shall be present at the shelter hearing:
4132 (a) the child, unless it would be detrimental for the child;
4133 (b) the child's parents or guardian, unless the parents or guardian cannot be located, or
4134 fail to appear in response to the notice;
4135 (c) counsel for the parents, if one is requested;
4136 (d) the child's guardian ad litem;
4137 (e) the caseworker from the division who is assigned to the case; and
4138 (f) the attorney from the attorney general's office who is representing the division.
4139 (5) (a) At the shelter hearing, the court shall:
4140 (i) provide an opportunity to provide relevant testimony to:
4141 (A) the child's parent or guardian, if present; and
4142 (B) any other person having relevant knowledge; and
4143 (ii) subject to Section 78A-6-305, provide an opportunity for the child to testify.
4144 (b) The court:
4145 (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
4146 Procedure;
4147 (ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
4148 the requesting party, or their counsel; and
4149 (iii) may in its discretion limit testimony and evidence to only that which goes to the
4150 issues of removal and the child's need for continued protection.
4151 (6) If the child is in the protective custody of the division, the division shall report to
4152 the court:
4153 (a) the reason why the child was removed from the parent's or guardian's custody;
4154 (b) any services provided to the child and the child's family in an effort to prevent
4155 removal;
4156 (c) the need, if any, for continued shelter;
4157 (d) the available services that could facilitate the return of the child to the custody of
4158 the child's parent or guardian; and
4159 (e) subject to Subsections 78A-6-307(18)(c) through (e), whether any relatives of the
4160 child or friends of the child's parents may be able and willing to accept temporary placement of
4161 the child.
4162 (7) The court shall consider all relevant evidence provided by persons or entities
4163 authorized to present relevant evidence pursuant to this section.
4164 (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
4165 cause shown, the court may grant no more than one continuance, not to exceed five judicial
4166 days.
4167 (b) A court shall honor, as nearly as practicable, the request by a parent or guardian for
4168 a continuance under Subsection (8)(a).
4169 (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
4170 described in Subsection (2) within the time described in Subsection (3), the court may grant the
4171 request of a parent or guardian for a continuance, not to exceed five judicial days.
4172 (9) (a) If the child is in the protective custody of the division, the court shall order that
4173 the child be returned to the custody of the parent or guardian unless it finds, by a
4174 preponderance of the evidence, consistent with the protections and requirements provided in
4175 Subsection 62A-4a-201(1), that any one of the following exists:
4176 (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
4177 safety of the child and the child's physical health or safety may not be protected without
4178 removing the child from the custody of the child's parent;
4179 (ii) (A) the child is suffering emotional damage that results in a serious impairment in
4180 the child's growth, development, behavior, or psychological functioning;
4181 (B) the parent or guardian is unwilling or unable to make reasonable changes that
4182 would sufficiently prevent future damage; and
4183 (C) there are no reasonable means available by which the child's emotional health may
4184 be protected without removing the child from the custody of the child's parent or guardian;
4185 (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
4186 not removed from the custody of the child's parent or guardian;
4187 (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
4188 household has been, or is considered to be at substantial risk of being, physically abused,
4189 sexually abused, or sexually exploited by a:
4190 (A) parent or guardian;
4191 (B) member of the parent's household or the guardian's household; or
4192 (C) person known to the parent or guardian;
4193 (v) the parent or guardian is unwilling to have physical custody of the child;
4194 (vi) the child is without any provision for the child's support;
4195 (vii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe
4196 and appropriate care for the child;
4197 (viii) (A) a relative or other adult custodian with whom the child is left by the parent or
4198 guardian is unwilling or unable to provide care or support for the child;
4199 (B) the whereabouts of the parent or guardian are unknown; and
4200 (C) reasonable efforts to locate the parent or guardian are unsuccessful;
4201 (ix) subject to Subsections 78A-6-105[
4202 78A-6-301.5, the child is in immediate need of medical care;
4203 (x) (A) the physical environment or the fact that the child is left unattended beyond a
4204 reasonable period of time poses a threat to the child's health or safety; and
4205 (B) the parent or guardian is unwilling or unable to make reasonable changes that
4206 would remove the threat;
4207 (xi) (A) the child or a minor residing in the same household has been neglected; and
4208 (B) the parent or guardian is unwilling or unable to make reasonable changes that
4209 would prevent the neglect;
4210 (xii) the parent, guardian, or an adult residing in the same household as the parent or
4211 guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act,
4212 and any clandestine laboratory operation was located in the residence or on the property where
4213 the child resided;
4214 (xiii) (A) the child's welfare is substantially endangered; and
4215 (B) the parent or guardian is unwilling or unable to make reasonable changes that
4216 would remove the danger; or
4217 (xiv) the child's natural parent:
4218 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
4219 child;
4220 (B) is identified by a law enforcement agency as the primary suspect in an investigation
4221 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
4222 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4223 recklessly causing the death of another parent of the child.
4224 (b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
4225 established if:
4226 (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
4227 involving the parent; and
4228 (B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
4229 (ii) For purposes of Subsection (9)(a)(iv), if the court finds that the parent knowingly
4230 allowed the child to be in the physical care of a person after the parent received actual notice
4231 that the person physically abused, sexually abused, or sexually exploited the child, that fact
4232 constitutes prima facie evidence that there is a substantial risk that the child will be physically
4233 abused, sexually abused, or sexually exploited.
4234 (10) (a) (i) The court shall also make a determination on the record as to whether
4235 reasonable efforts were made to prevent or eliminate the need for removal of the child from the
4236 child's home and whether there are available services that would prevent the need for continued
4237 removal.
4238 (ii) If the court finds that the child can be safely returned to the custody of the child's
4239 parent or guardian through the provision of those services, the court shall place the child with
4240 the child's parent or guardian and order that those services be provided by the division.
4241 (b) In making the determination described in Subsection (10)(a), and in ordering and
4242 providing services, the child's health, safety, and welfare shall be the paramount concern, in
4243 accordance with federal law.
4244 (11) Where the division's first contact with the family occurred during an emergency
4245 situation in which the child could not safely remain at home, the court shall make a finding that
4246 any lack of preplacement preventive efforts was appropriate.
4247 (12) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
4248 abuse, or severe neglect are involved, neither the division nor the court has any duty to make
4249 "reasonable efforts" or to, in any other way, attempt to maintain a child in the child's home,
4250 return a child to the child's home, provide reunification services, or attempt to rehabilitate the
4251 offending parent or parents.
4252 (13) The court may not order continued removal of a child solely on the basis of
4253 educational neglect as described in Subsection 78A-6-105[
4254 comply with a court order to attend school.
4255 (14) (a) Whenever a court orders continued removal of a child under this section, the
4256 court shall state the facts on which that decision is based.
4257 (b) If no continued removal is ordered and the child is returned home, the court shall
4258 state the facts on which that decision is based.
4259 (15) If the court finds that continued removal and temporary custody are necessary for
4260 the protection of a child pursuant to Subsection (9)(a), the court shall order continued removal
4261 regardless of:
4262 (a) any error in the initial removal of the child;
4263 (b) the failure of a party to comply with notice provisions; or
4264 (c) any other procedural requirement of this chapter or Title 62A, Chapter 4a, Child
4265 and Family Services.
4266 Section 60. Section 78A-6-312 is amended to read:
4267 78A-6-312. Dispositional hearing -- Reunification services -- Exceptions.
4268 (1) The court may:
4269 (a) make any of the dispositions described in Section 78A-6-117;
4270 (b) place the minor in the custody or guardianship of any:
4271 (i) individual; or
4272 (ii) public or private entity or agency; or
4273 (c) order:
4274 (i) protective supervision;
4275 (ii) family preservation;
4276 (iii) subject to Subsections (12)(b), 78A-6-105[
4277 Section 78A-6-301.5, medical or mental health treatment; or
4278 (iv) other services.
4279 (2) Whenever the court orders continued removal at the dispositional hearing, and that
4280 the minor remain in the custody of the division, the court shall first:
4281 (a) establish a primary permanency plan for the minor; and
4282 (b) determine whether, in view of the primary permanency plan, reunification services
4283 are appropriate for the minor and the minor's family, pursuant to Subsections (20) through (22).
4284 (3) Subject to Subsections (6) and (7), if the court determines that reunification
4285 services are appropriate for the minor and the minor's family, the court shall provide for
4286 reasonable parent-time with the parent or parents from whose custody the minor was removed,
4287 unless parent-time is not in the best interest of the minor.
4288 (4) In cases where obvious sexual abuse, sexual exploitation, abandonment, severe
4289 abuse, or severe neglect are involved, neither the division nor the court has any duty to make
4290 "reasonable efforts" or to, in any other way, attempt to provide reunification services, or to
4291 attempt to rehabilitate the offending parent or parents.
4292 (5) In all cases, the minor's health, safety, and welfare shall be the court's paramount
4293 concern in determining whether reasonable efforts to reunify should be made.
4294 (6) For purposes of Subsection (3), parent-time is in the best interests of a minor unless
4295 the court makes a finding that it is necessary to deny parent-time in order to:
4296 (a) protect the physical safety of the minor;
4297 (b) protect the life of the minor; or
4298 (c) prevent the minor from being traumatized by contact with the parent due to the
4299 minor's fear of the parent in light of the nature of the alleged abuse or neglect.
4300 (7) Notwithstanding Subsection (3), a court may not deny parent-time based solely on a
4301 parent's failure to:
4302 (a) prove that the parent has not used legal or illegal substances; or
4303 (b) comply with an aspect of the child and family plan that is ordered by the court.
4304 (8) (a) In addition to the primary permanency plan, the court shall establish a
4305 concurrent permanency plan that shall include:
4306 (i) a representative list of the conditions under which the primary permanency plan will
4307 be abandoned in favor of the concurrent permanency plan; and
4308 (ii) an explanation of the effect of abandoning or modifying the primary permanency
4309 plan.
4310 (b) In determining the primary permanency plan and concurrent permanency plan, the
4311 court shall consider:
4312 (i) the preference for kinship placement over nonkinship placement;
4313 (ii) the potential for a guardianship placement if the parent-child relationship is legally
4314 terminated and no appropriate adoption placement is available; and
4315 (iii) the use of an individualized permanency plan, only as a last resort.
4316 (9) A permanency hearing shall be conducted in accordance with Subsection
4317 78A-6-314(1)(b) within 30 days after the day on which the dispositional hearing ends if
4318 something other than reunification is initially established as a minor's primary permanency
4319 plan.
4320 (10) (a) The court may amend a minor's primary permanency plan before the
4321 establishment of a final permanency plan under Section 78A-6-314.
4322 (b) The court is not limited to the terms of the concurrent permanency plan in the event
4323 that the primary permanency plan is abandoned.
4324 (c) If, at any time, the court determines that reunification is no longer a minor's primary
4325 permanency plan, the court shall conduct a permanency hearing in accordance with Section
4326 78A-6-314 on or before the earlier of:
4327 (i) 30 days after the day on which the court makes the determination described in this
4328 Subsection (10)(c); or
4329 (ii) the day on which the provision of reunification services, described in Section
4330 78A-6-314, ends.
4331 (11) (a) If the court determines that reunification services are appropriate, [
4332 shall order that the division make reasonable efforts to provide services to the minor and the
4333 minor's parent for the purpose of facilitating reunification of the family, for a specified period
4334 of time.
4335 (b) In providing the services described in Subsection (11)(a), the minor's health, safety,
4336 and welfare shall be the division's paramount concern, and the court shall so order.
4337 (12) (a) The court shall:
4338 (i) determine whether the services offered or provided by the division under the child
4339 and family plan constitute "reasonable efforts" on the part of the division;
4340 (ii) determine and define the responsibilities of the parent under the child and family
4341 plan in accordance with Subsection 62A-4a-205(6)(e); and
4342 (iii) identify verbally on the record, or in a written document provided to the parties,
4343 the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
4344 determination regarding the provision of reasonable efforts, in accordance with state and
4345 federal law.
4346 (b) If the parent is in a substance [
4347 certified drug court program:
4348 (i) the court may order the parent to submit to supplementary drug or alcohol testing in
4349 addition to the testing recommended by the parent's substance [
4350 based on a finding of reasonable suspicion that the parent is abusing drugs or alcohol; and
4351 (ii) the court may order the parent to provide the results of drug or alcohol testing
4352 recommended by the substance [
4353 (13) (a) The time period for reunification services may not exceed 12 months from the
4354 date that the minor was initially removed from the minor's home, unless the time period is
4355 extended under Subsection 78A-6-314(7).
4356 (b) Nothing in this section may be construed to entitle any parent to an entire 12
4357 months of reunification services.
4358 (14) (a) If reunification services are ordered, the court may terminate those services at
4359 any time.
4360 (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
4361 to be inconsistent with the final permanency plan for the minor established pursuant to Section
4362 78A-6-314, then measures shall be taken, in a timely manner, to:
4363 (i) place the minor in accordance with the permanency plan; and
4364 (ii) complete whatever steps are necessary to finalize the permanent placement of the
4365 minor.
4366 (15) Any physical custody of the minor by the parent or a relative during the period
4367 described in Subsections (11) through (14) does not interrupt the running of the period.
4368 (16) (a) If reunification services are ordered, a permanency hearing shall be conducted
4369 by the court in accordance with Section 78A-6-314 at the expiration of the time period for
4370 reunification services.
4371 (b) The permanency hearing shall be held no later than 12 months after the original
4372 removal of the minor.
4373 (c) If reunification services are not ordered, a permanency hearing shall be conducted
4374 within 30 days, in accordance with Section 78A-6-314.
4375 (17) With regard to a minor in the custody of the division whose parent or parents are
4376 ordered to receive reunification services but who have abandoned that minor for a period of six
4377 months from the date that reunification services were ordered:
4378 (a) the court shall terminate reunification services; and
4379 (b) the division shall petition the court for termination of parental rights.
4380 (18) When a court conducts a permanency hearing for a minor under Section
4381 78A-6-314, the court shall attempt to keep the minor's sibling group together if keeping the
4382 sibling group together is:
4383 (a) practicable; and
4384 (b) in accordance with the best interest of the minor.
4385 (19) (a) Because of the state's interest in and responsibility to protect and provide
4386 permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
4387 parent's interest in receiving reunification services is limited.
4388 (b) The court may determine that:
4389 (i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
4390 based on the individual circumstances; and
4391 (ii) reunification services should not be provided.
4392 (c) In determining "reasonable efforts" to be made with respect to a minor, and in
4393 making "reasonable efforts," the minor's health, safety, and welfare shall be the paramount
4394 concern.
4395 (20) There is a presumption that reunification services should not be provided to a
4396 parent if the court finds, by clear and convincing evidence, that any of the following
4397 circumstances exist:
4398 (a) the whereabouts of the parents are unknown, based upon a verified affidavit
4399 indicating that a reasonably diligent search has failed to locate the parent;
4400 (b) subject to Subsection (21)(a), the parent is suffering from a mental illness of such
4401 magnitude that it renders the parent incapable of utilizing reunification services;
4402 (c) the minor was previously adjudicated as an abused child due to physical abuse,
4403 sexual abuse, or sexual exploitation, and following the adjudication the minor:
4404 (i) was removed from the custody of the minor's parent;
4405 (ii) was subsequently returned to the custody of the parent; and
4406 (iii) is being removed due to additional physical abuse, sexual abuse, or sexual
4407 exploitation;
4408 (d) the parent:
4409 (i) caused the death of another minor through abuse or neglect;
4410 (ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
4411 (A) murder or manslaughter of a child; or
4412 (B) child abuse homicide;
4413 (iii) committed sexual abuse against the child;
4414 (iv) is a registered sex offender or required to register as a sex offender; or
4415 (v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
4416 child;
4417 (B) is identified by a law enforcement agency as the primary suspect in an investigation
4418 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
4419 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4420 recklessly causing the death of another parent of the child;
4421 (e) the minor suffered severe abuse by the parent or by any person known by the
4422 parent, if the parent knew or reasonably should have known that the person was abusing the
4423 minor;
4424 (f) the minor is adjudicated an abused child as a result of severe abuse by the parent,
4425 and the court finds that it would not benefit the minor to pursue reunification services with the
4426 offending parent;
4427 (g) the parent's rights are terminated with regard to any other minor;
4428 (h) the minor was removed from the minor's home on at least two previous occasions
4429 and reunification services were offered or provided to the family at those times;
4430 (i) the parent has abandoned the minor for a period of six months or longer;
4431 (j) the parent permitted the child to reside, on a permanent or temporary basis, at a
4432 location where the parent knew or should have known that a clandestine laboratory operation
4433 was located;
4434 (k) except as provided in Subsection (21)(b), with respect to a parent who is the child's
4435 birth mother, the child has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
4436 exposed to an illegal or prescription drug that was abused by the child's mother while the child
4437 was in utero, if the child was taken into division custody for that reason, unless the mother
4438 agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
4439 substance [
4440 (l) any other circumstance that the court determines should preclude reunification
4441 efforts or services.
4442 (21) (a) The finding under Subsection (20)(b) shall be based on competent evidence
4443 from at least two medical or mental health professionals, who are not associates, establishing
4444 that, even with the provision of services, the parent is not likely to be capable of adequately
4445 caring for the minor within 12 months after the day on which the court finding is made.
4446 (b) A judge may disregard the provisions of Subsection (20)(k) if the court finds, under
4447 the circumstances of the case, that the substance [
4448 Subsection (20)(k) is not warranted.
4449 (22) In determining whether reunification services are appropriate, the court shall take
4450 into consideration:
4451 (a) failure of the parent to respond to previous services or comply with a previous child
4452 and family plan;
4453 (b) the fact that the minor was abused while the parent was under the influence of
4454 drugs or alcohol;
4455 (c) any history of violent behavior directed at the child or an immediate family
4456 member;
4457 (d) whether a parent continues to live with an individual who abused the minor;
4458 (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
4459 (f) testimony by a competent professional that the parent's behavior is unlikely to be
4460 successful; and
4461 (g) whether the parent has expressed an interest in reunification with the minor.
4462 (23) (a) If reunification services are not ordered pursuant to Subsections (19) through
4463 (21), and the whereabouts of a parent become known within six months after the day on which
4464 the out-of-home placement of the minor is made, the court may order the division to provide
4465 reunification services.
4466 (b) The time limits described in Subsections (2) through (18) are not tolled by the
4467 parent's absence.
4468 (24) (a) If a parent is incarcerated or institutionalized, the court shall order reasonable
4469 services unless [
4470 (b) In making the determination described in Subsection (24)(a), the court shall
4471 consider:
4472 (i) the age of the minor;
4473 (ii) the degree of parent-child bonding;
4474 (iii) the length of the sentence;
4475 (iv) the nature of the treatment;
4476 (v) the nature of the crime or illness;
4477 (vi) the degree of detriment to the minor if services are not offered;
4478 (vii) for a minor 10 years old or older, the minor's attitude toward the implementation
4479 of family reunification services; and
4480 (viii) any other appropriate factors.
4481 (c) Reunification services for an incarcerated parent are subject to the time limitations
4482 imposed in Subsections (2) through (18).
4483 (d) Reunification services for an institutionalized parent are subject to the time
4484 limitations imposed in Subsections (2) through (18), unless the court determines that continued
4485 reunification services would be in the minor's best interest.
4486 (25) If, pursuant to Subsections (20)(b) through (l), the court does not order
4487 reunification services, a permanency hearing shall be conducted within 30 days, in accordance
4488 with Section 78A-6-314.
4489 Section 61. Section 78A-6-401 is amended to read:
4490 78A-6-401. Attorney general responsibility.
4491 [
4492
4493
4494
4495
4496
4497 [
4498
4499 [
4500
4501 [
4502 The attorney general's office shall represent the Division of Child and Family Services
4503 with regard to actions involving a minor who has not been adjudicated as abused or neglected,
4504 but who is [
4505
4506
4507
4508
4509 ordered to complete in-home family services under Section 78A-6-117.
4510 Section 62. Section 78A-6-602 is amended to read:
4511 78A-6-602. Petition -- Preliminary inquiry -- Nonjudicial adjustments -- Formal
4512 referral -- Citation -- Failure to appear.
4513 (1) A proceeding in a minor's case is commenced by petition, except as provided in
4514 Sections 78A-6-701, 78A-6-702, and 78A-6-703.
4515 (2) (a) A peace officer or [
4516 town charged with the enforcement of the laws of the state or local jurisdiction shall file a
4517 formal referral with the prosecutor and the juvenile court within 10 days of a minor's arrest. If
4518 the arrested minor is taken to a detention facility, the formal referral shall be filed with the
4519 prosecutor and the juvenile court within 72 hours, excluding weekends and holidays. [
4520
4521 with the prosecutor or with the juvenile court on an offense [
4522
4523 Section 53A-11-911.
4524 (b) Upon receipt of the formal referral, the prosecutor shall without unnecessary delay
4525 review the case and determine whether further action is to be taken. Further action may only be
4526 taken upon reasonable belief that:
4527 (i) the charges are supported by probable cause;
4528 (ii) admissible evidence will be sufficient to support conviction beyond a reasonable
4529 doubt; and
4530 (iii) the decision to charge is in the interests of justice.
4531 [
4532 prosecutor that a minor is or appears to be within the court's jurisdiction, the probation
4533 department shall [
4534
4535
4536
4537
4538 minor and, if the minor is a child, the minor's parent, guardian, or custodian for the nonjudicial
4539 adjustment of the case [
4540 court, through the court's probation department, shall offer a nonjudicial adjustment if the
4541 minor:
4542 (A) is charged with a misdemeanor, infraction, or status offense;
4543 (B) has fewer than three prior adjudications; and
4544 (C) has no more than three prior unsuccessful nonjudicial adjustment attempts.
4545 (ii) The court may, through the court's probation department, offer a nonjudicial
4546 adjustment to any other minor who does not meet the criteria provided in Subsection (2)(c)(i).
4547 (iii) Acceptance of an offer of nonjudicial adjustment may not be predicated on an
4548 admission of guilt.
4549 (iv) A minor shall be offered the opportunity to seek the advice of counsel after
4550 receiving but before accepting an offer of nonjudicial adjustment.
4551 (v) A minor may not be denied an offer of nonjudicial adjustment due to an inability to
4552 pay a financial penalty under Subsection (2)(d).
4553 [
4554 more than 90 days without leave of a judge of the court, who may extend the period for an
4555 additional 90 days.
4556 (d) The nonjudicial adjustment of a case may include conditions agreed upon as part of
4557 the nonjudicial closure:
4558 (i) payment of a financial penalty of not more than $250 to the juvenile court subject to
4559 the terms established under Subsection (2)(e);
4560 (ii) payment of victim restitution;
4561 (iii) satisfactory completion of compensatory service;
4562 (iv) referral to an appropriate provider for counseling or treatment;
4563 (v) attendance at substance [
4564 (vi) compliance with specified restrictions on activities and associations; and
4565 (vii) other reasonable actions that are in the interest of the child or minor and the
4566 community.
4567 [
4568
4569 (e) A fee, fine, or restitution included in a nonjudicial closure in accordance with
4570 Subsection (2)(d) shall be based upon the ability of the minor's family to pay as determined by
4571 a statewide sliding scale developed as provided in Section 63M-7-208.
4572 (f) If a minor fails to substantially comply with the conditions agreed upon as part of
4573 the nonjudicial closure, the prosecutor shall review the case in accordance with Subsection
4574 (2)(b) and take one of the following actions:
4575 (i) dismiss the case;
4576 (ii) refer the case back to the probation department for a new attempt at nonjudicial
4577 adjustment; or
4578 (iii) in accordance with Subsections (2)(b) and (g), file a petition with the court.
4579 (g) Failure to a pay a fine or fee may not serve as a basis for filing of a petition under
4580 Subsection (2)(f)(iii) if the minor has substantially complied with the other conditions agreed
4581 upon in accordance with Subsection (2)(d) or those imposed through any other court diversion
4582 program.
4583 [
4584 juvenile court [
4585 court-approved tobacco education program, which may include a participation fee.
4586 (i) If the prosecutor files a petition in court, the court may refer the case to the
4587 probation department for another offer of nonjudicial adjustment.
4588 (3) Except as provided in Sections 78A-6-701 and 78A-6-702, in the case of a minor
4589 14 years of age or older, the county attorney, district attorney, or attorney general may
4590 commence an action by filing a criminal information and a motion requesting the juvenile court
4591 to waive its jurisdiction and certify the minor to the district court.
4592 (4) (a) In cases of violations of wildlife laws, boating laws, class B and class C
4593 misdemeanors, other infractions or misdemeanors as designated by general order of the Board
4594 of Juvenile Court Judges, and violations of Section 76-10-105 subject to the jurisdiction of the
4595 juvenile court, a petition is not required and the issuance of a citation as provided in Section
4596 78A-6-603 is sufficient to invoke the jurisdiction of the court. A preliminary inquiry is [
4597 required [
4598 (b) Any failure to comply with the time deadline on a formal referral may not be the
4599 basis of dismissing the formal referral.
4600 Section 63. Section 78A-6-603 is amended to read:
4601 78A-6-603. Citation procedure -- Citation -- Offenses -- Time limits -- Failure to
4602 appear.
4603 (1) As used in this section, "citation" means an abbreviated referral and is sufficient to
4604 invoke the jurisdiction of the court in lieu of a petition.
4605 (2) A citation shall be submitted to the prosecutor and the court within five days of its
4606 issuance.
4607 (3) [
4608 (a) the name and address of the juvenile court before which the minor [
4609 required to appear;
4610 (b) the name of the minor cited;
4611 (c) the statute or local ordinance that is alleged to have been violated;
4612 (d) a brief description of the offense charged;
4613 (e) the date, time, and location at which the offense is alleged to have occurred;
4614 (f) the date the citation was issued;
4615 (g) the name and badge or identification number of the peace officer or public official
4616 who issued the citation;
4617 (h) the name of the arresting person if an arrest was made by a private party and the
4618 citation was issued in lieu of taking the arrested minor into custody as provided in Section
4619 78A-6-112;
4620 (i) [
4621 parent or legal guardian are to appear when notified by the prosecutor or the juvenile court; and
4622 (j) the signature of the minor and the parent or legal guardian, if present, agreeing to
4623 appear at the juvenile court as designated on the citation.
4624 (4) [
4625 be entered if known:
4626 (a) the minor's address;
4627 (b) the minor's date of birth;
4628 (c) the name and address of the child's custodial parent or legal guardian, if different
4629 from the child; and
4630 (d) if there is a victim, the victim's name, address, and an estimate of loss, except that
4631 this information shall be removed from the documents the minor receives.
4632 (5) A citation received by the prosecutor and the court beyond the time designated in
4633 Subsection (2) shall include a written explanation for the delay.
4634 (6) [
4635 to the prosecutor and the juvenile court as a citation:
4636 (a) violations of wildlife laws;
4637 (b) violations of boating laws;
4638 (c) violations of curfew laws;
4639 (d) any class B misdemeanor or less traffic violations where the person is under the age
4640 of 16;
4641 (e) any class B or class C misdemeanor or infraction;
4642 (f) any other infraction or misdemeanor as designated by general order of the Board of
4643 Juvenile Court Judges; and
4644 (g) violations of Section 76-10-105 subject to the jurisdiction of the juvenile court.
4645 [
4646 [
4647
4648 [
4649
4650
4651
4652 (7) A minor offense defined under Section 78A-6-1202, alleged to have been
4653 committed by an enrolled child on school grounds or related to school attendance, may be sent
4654 to the prosecutor or the juvenile court in accordance with Section 53A-11-911.
4655 (8) A preliminary inquiry by the prosecutor, and if appropriate, the court, under Section
4656 78A-6-117 is required.
4657 (9) Subsection (5) may not apply to a runaway child.
4658 (10) (a) A minor receiving a citation described in this section shall appear at the
4659 juvenile court designated in the citation on the time and date specified in the citation or when
4660 notified by the juvenile court.
4661 (b) A citation may not require a minor to appear sooner than five days following its
4662 issuance.
4663 (11) A minor who receives a citation and willfully fails to appear before the juvenile
4664 court pursuant to a citation [
4665 court may proceed against the minor as provided in Section 78A-6-1101 [
4666
4667 (12) When a citation is issued under this section, bail may be posted and forfeited
4668 under Subsection 78A-6-113[
4669 (a) the court; and
4670 (b) if the minor is a child, the parent or legal guardian of the child cited.
4671 Section 64. Section 78A-6-604 is amended to read:
4672 78A-6-604. Minor held in detention -- Credit for good behavior.
4673 (1) [
4674 78A-6-117(2)(f) [
4675 period of detention. The rate of credit is one day for every three days served. The Division of
4676 Juvenile Justice Services shall, in accordance with Title 63G, Chapter 3, Utah Administrative
4677 Rulemaking Act, establish rules describing good behavior for which credit may be earned.
4678 (2) Any disposition including detention under Subsection 78A-6-117(2)(f) [
4679
4680 Section 65. Section 78A-6-606 is amended to read:
4681 78A-6-606. Suspension of license for certain offenses.
4682 (1) This section applies to a minor who is at least [
4683 a driver license under Section 53-3-204 when found by the court to be within its jurisdiction by
4684 the commission of an offense under:
4685 (a) Section 32B-4-409;
4686 (b) Section 32B-4-410;
4687 (c) Section 32B-4-411;
4688 (d) Section 58-37-8;
4689 (e) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
4690 (f) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
4691 (g) Subsection 76-9-701(1).
4692 (2) This section only applies when the minor is found by the court to be in actual
4693 control of a motor vehicle during the commission of one of the offenses under Subsection (1).
4694 [
4695 under Section 58-37-8 or Title 58, Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
4696 Imitation Controlled Substances Act, the court [
4697 License Division of the Department of Public Safety an order to suspend that minor's driving
4698 privileges.
4699 [
4700 privileges if the minor violated Section 32B-4-409, Section 32B-4-410, or Subsection
4701 76-9-701(1).
4702 (b) [
4703 reduce [
4704 (i) the violation is the minor's first violation of:
4705 (A) Section 32B-4-409;
4706 (B) Section 32B-4-410;
4707 (C) Section 58-37-8;
4708 (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
4709 (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
4710 (F) Subsection 76-9-701(1); and
4711 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
4712 (B) the minor demonstrates substantial progress in substance [
4713 treatment.
4714 (c) [
4715
4716 required under Section 53-3-219 if:
4717 (i) the violation is the minor's second or subsequent violation of:
4718 (A) Section 32B-4-409;
4719 (B) Section 32B-4-410;
4720 (C) Section 58-37-8;
4721 (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
4722 (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
4723 (F) Subsection 76-9-701(1);
4724 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
4725 demonstrated substantial progress in substance [
4726 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
4727 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
4728 consecutive period during the suspension period imposed under Subsection [
4729 (B) the person is under 18 years of age and has the person's parent or legal guardian
4730 provide an affidavit or sworn statement to the court certifying that to the parent or legal
4731 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
4732 one-year consecutive period during the suspension period imposed under Subsection [
4733 (4)(a).
4734 (d) If a minor commits a proof of age violation, as defined in Section 32B-4-411:
4735 (i) the court [
4736 Safety for a first or subsequent violation; and
4737 (ii) the minor's driving privileges will be suspended:
4738 (A) for a period of at least one year under Section 53-3-220 for a first conviction for a
4739 violation of Section 32B-4-411; or
4740 (B) for a period of two years for a second or subsequent conviction for a violation of
4741 Section 32B-4-411.
4742 (e) [
4743 the suspension period imposed under Subsection [
4744 (i) the violation is the minor's first violation of Section 32B-4-411; and
4745 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
4746 (B) the minor demonstrates substantial progress in substance [
4747 treatment.
4748 (f) [
4749 the suspension period imposed under Subsection [
4750 (i) the violation is the minor's second or subsequent violation of Section 32B-4-411;
4751 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
4752 demonstrated substantial progress in substance [
4753 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
4754 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
4755 consecutive period during the suspension period imposed under Subsection [
4756 or
4757 (B) the person is under 18 years of age and has the person's parent or legal guardian
4758 provide an affidavit or sworn statement to the court certifying that to the parent or legal
4759 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
4760 one-year consecutive period during the suspension period imposed under Subsection [
4761 (4)(d)(ii)(B).
4762 [
4763 issues an order suspending the minor's driving privileges in accordance with Subsection (2) for
4764 a violation of:
4765 (a) Section 32B-4-409;
4766 (b) Section 32B-4-410;
4767 (c) Section 58-37-8;
4768 (d) Title 58, Chapter 37a, Utah Drug Paraphernalia Act, or Title 37b, Imitation
4769 Controlled Substances Act; or
4770 (e) Subsection 76-9-701(1).
4771 [
4772 of a person for a driving offense committed while the person's license is suspended under this
4773 section, the Department of Public Safety shall extend the suspension for a like period of time.
4774 Section 66. Section 78A-6-701 is amended to read:
4775 78A-6-701. Jurisdiction of district court.
4776 (1) The district court has exclusive original jurisdiction over all persons 16 years of age
4777 or older charged with[
4778 committed by an adult[
4779 [
4780
4781 [
4782 [
4783 [
4784 [
4785 [
4786 [
4787 [
4788 [
4789 [
4790 [
4791
4792
4793
4794 (2) When the district court has exclusive original jurisdiction over a minor under this
4795 section, it also has exclusive original jurisdiction over the minor regarding all offenses joined
4796 with the qualifying offense, and any other offenses, including misdemeanors, arising from the
4797 same criminal episode. The district court is not divested of jurisdiction by virtue of the fact
4798 that the minor is allowed to enter a plea to, or is found guilty of, a lesser or joined offense.
4799 (3) (a) [
4800 which the district court takes jurisdiction under Subsection (1) or (2) shall be tried against the
4801 defendant as an adult in the district court or justice court having jurisdiction.
4802 (b) If the qualifying charge under Subsection (1) results in an acquittal, a finding of not
4803 guilty, or a dismissal of the charge in the district court, the juvenile court under Section
4804 78A-6-103 and the Division of Juvenile Justice Services regain any jurisdiction and authority
4805 previously exercised over the minor.
4806 (4) A minor arrested under this section shall be held in a juvenile detention facility
4807 until the district court determines where the minor shall be held until the time of trial, except
4808 for defendants who are otherwise subject to the authority of the Board of Pardons and Parole.
4809 (5) The district court shall consider the following when determining where the minor
4810 will be held until the time of trial:
4811 (a) the age of the minor;
4812 (b) the nature, seriousness, and circumstances of the alleged offense;
4813 (c) the minor's history of prior criminal acts;
4814 (d) whether detention in a juvenile detention facility will adequately serve the need for
4815 community protection pending the outcome of any criminal proceedings;
4816 (e) whether the minor's placement in a juvenile detention facility will negatively impact
4817 the functioning of the facility by compromising the goals of the facility to maintain a safe,
4818 positive, and secure environment for all minors within the facility;
4819 (f) the relative ability of the facility to meet the needs of the minor and protect the
4820 public;
4821 (g) whether the minor presents an imminent risk of harm to the minor or others within
4822 the facility;
4823 (h) the physical maturity of the minor;
4824 (i) the current mental state of the minor as evidenced by relevant mental health or
4825 psychological assessments or screenings that are made available to the court; and
4826 (j) any other factors the court considers relevant.
4827 (6) A minor ordered to a juvenile detention facility under Subsection (5) shall remain
4828 in the facility until released by a district court judge, or if convicted, until sentencing.
4829 (7) A minor held in a juvenile detention facility under this section shall have the same
4830 right to bail as any other criminal defendant.
4831 (8) If the minor ordered to a juvenile detention facility under Subsection (5) attains the
4832 age of 18 years, the minor shall be transferred within 30 days to an adult jail until released by
4833 the district court judge, or if convicted, until sentencing.
4834 (9) A minor 16 years of age or older whose conduct or condition endangers the safety
4835 or welfare of others in the juvenile detention facility may, by court order that specifies the
4836 reasons, be detained in another place of confinement considered appropriate by the court,
4837 including jail or other place of pretrial confinement for adults.
4838 Section 67. Section 78A-6-1101 is amended to read:
4839 78A-6-1101. Violation of order of court -- Contempt -- Penalty -- Enforcement of
4840 fine, fee, or restitution.
4841 (1) [
4842 be proceeded against for contempt of court.
4843 (2) [
4844 punished in accordance with Section 78B-6-310.
4845 (3) (a) [
4846 punished by [
4847
4848 including community placement or commitment to a secure facility, if the disposition is
4849 commitment to a secure detention pursuant to Subsection 78A-6-117(2)(f) for no longer than
4850 72 hours, excluding weekends and legal holidays.
4851 (b) [
4852 compliance with conditions imposed by the court.
4853 (4) [
4854
4855
4856 withholding, supplementary proceeding, or execution. An order described in this Subsection
4857 (4) may not be enforced through an order of detention, community placement, or commitment
4858 to a secure facility.
4859 Section 68. Section 78A-6-1111 is amended to read:
4860 78A-6-1111. Right to counsel -- Appointment of counsel -- Costs.
4861 (1) (a) In [
4862 of the state, or a private party, the parents, legal guardian, and the minor, [
4863 applicable, shall be informed that [
4864 represented by counsel at every stage of the proceedings.
4865 (b) In any action initiated by a private party, the parents or legal guardian shall have the
4866 right to employ counsel of their own choice at [
4867 expense.
4868 (c) If, in any action initiated by the state or a political subdivision of the state under
4869 Part 3, Abuse, Neglect, and Dependency Proceedings[
4870 Act[
4871 legal guardian requests an attorney and is found by the court to be indigent, counsel shall be
4872 appointed by the court to represent the parent or legal guardian in all proceedings directly
4873 related to the petition or motion filed by the state, or a political subdivision of the state, subject
4874 to the provisions of this section.
4875 (d) In any action initiated by the state, a political subdivision of the state, or a private
4876 party under Part 3, Abuse, Neglect, and Dependency Proceedings, or Part 5, Termination of
4877 Parental Rights Act, [
4878 accordance with Sections 78A-6-317 and 78A-6-902. The child shall also be represented by an
4879 attorney guardian ad litem in other actions initiated under this chapter when appointed by the
4880 court under Section 78A-6-902 or as otherwise provided by law.
4881 (e) In any action initiated by the state or a political subdivision of the state under Part
4882 6, Delinquency and Criminal Actions, or Part 7, Transfer of Jurisdiction, of this chapter, or
4883 against a minor under Section 78A-6-1101, the parents or legal guardian and the minor shall be
4884 informed that the minor has the right to be represented by counsel at every stage of the
4885 proceedings.
4886 (i) [
4887 The court shall appoint counsel, who shall appear until counsel is retained on the minor's
4888 behalf. The minor may not waive counsel unless the minor has had a meaningful opportunity
4889 to consult with a defense attorney. The court shall make findings on the record, taking into
4890 consideration the minor's unique circumstances and attributes, that the waiver is knowing and
4891 voluntary and the minor understands the consequences of waiving the right to counsel.
4892 (ii) [
4893 waived by a minor unless there has been a finding on the record, taking into consideration the
4894 minor's unique circumstances and attributes, that the waiver is knowing and voluntary, and the
4895 minor understands the consequences of waiving the right to counsel.
4896 (iii) [
4897 not be required for a minor to qualify for appointed counsel. Counsel shall be appointed by the
4898 court to represent the minor in all proceedings directly related to [
4899 filed by the state or a political subdivision of the state, including restitution, subject to the
4900 provisions of this section. Appointment of counsel shall extend through the closure of the case
4901 and appellate proceedings.
4902 (iv) For an offer of nonjudicial adjustment, a minor shall be given an opportunity to
4903 consult counsel in accordance with Subsection 78A-6-602(2).
4904 (f) Indigency of a parent, legal guardian, or minor shall be determined in accordance
4905 with the process and procedure defined in Section 77-32-202 for the purposes of
4906 reimbursement only. The court shall take into account the income and financial ability of the
4907 parent or legal guardian to retain counsel in determining the indigency of the minor.
4908 (g) The cost of appointed counsel for a party found to be indigent, including the cost of
4909 counsel and expense of the first appeal, shall be paid by the county in which the trial court
4910 proceedings are held pursuant to Section 77-32-804. Counties may levy and collect taxes for
4911 these purposes.
4912 (2) Counsel appointed by the court may not provide representation as court-appointed
4913 counsel for a parent or legal guardian in any action initiated by, or in any proceeding to modify
4914 court orders in a proceeding initiated by, a private party, except that in a private action to
4915 terminate parental rights the court may appoint counsel to represent an indigent parent if it
4916 finds that the failure to appoint counsel will result in a deprivation of due process.
4917 (3) If the county responsible to provide legal counsel for an indigent under Subsection
4918 (1)(g) has arranged by contract to provide services, the court shall appoint the contracting
4919 attorney as legal counsel to represent that indigent.
4920 (4) The court may order a parent or legal guardian for whom counsel is appointed and
4921 for whom a determination of indigence under Subsection (1)(g) has not been made, and the
4922 parents or legal guardian of any minor for whom counsel is appointed, to reimburse the county
4923 for the cost of appointed counsel.
4924 (5) The state, or an agency of the state, may not be ordered to reimburse the county for
4925 expenses incurred under Subsection (1)(g), except pursuant to Section 77-32-804.
4926 Section 69. Section 78A-6-1202 is amended to read:
4927 78A-6-1202. Definitions.
4928 (1) "Adult" means a person 18 years of age or older.
4929 (2) (a) "Gang activity" means any criminal activity that is conducted as part of an
4930 organized youth gang. It includes any criminal activity that is done in concert with other gang
4931 members, or done alone if it is to fulfill gang purposes.
4932 (b) "Gang activity" does not include graffiti.
4933 (3) (a) "Minor offense" means any unlawful act that is a status offense or would be a
4934 [
4935 youth were an adult.
4936 (b) "Minor offense" does not include:
4937 [
4938 [
4939 [
4940 [
4941
4942 [
4943
4944 [
4945 [
4946 [
4947 [
4948 [
4949 [
4950
4951 (4) "Sponsoring entity" means any political subdivision of the state, including a school
4952 or school district, juvenile court, law enforcement agency, prosecutor's office, county, city, or
4953 town.
4954 (5) "Status offense" means a violation of the law that would not be a violation but for
4955 the age of the offender.
4956 (6) "Youth" means a person under the age of 18 years or who is 18 but still attending
4957 high school.
4958 Section 70. Section 78A-6-1203 is amended to read:
4959 78A-6-1203. Youth court -- Authorization -- Referral.
4960 (1) Youth court is a diversion program [
4961 for cases involving juvenile offenders in which youth participants, under the supervision of an
4962 adult coordinator, may serve in various capacities within the courtroom, acting in the role of
4963 jurors, lawyers, bailiffs, clerks, and judges.
4964 (a) Youth who appear before youth courts have been identified by law enforcement
4965 personnel, school officials, a prosecuting attorney, or the juvenile court as having committed
4966 acts which indicate a need for intervention to prevent further development toward juvenile
4967 delinquency, but which appear to be acts that can be appropriately addressed outside the
4968 juvenile court process.
4969 (b) Youth courts may only hear cases as provided for in this part.
4970 (c) Youth court is a diversion program and not a court established under the Utah
4971 Constitution, Article VIII.
4972 (2) A youth court may not accept referrals from law enforcement, schools, prosecuting
4973 attorneys, or a juvenile court unless the youth court is certified by the Utah Youth Court Board.
4974 (3) Any person may refer youth to a youth court for minor offenses or for any other
4975 eligible offense under Section 53A-11-911. Once a referral is made, the case shall be screened
4976 by an adult coordinator to determine whether it qualifies as a youth court case.
4977 (4) Youth courts have authority over youth:
4978 (a) referred for [
4979 other eligible offenses under Section 53A-11-911, or who are granted permission for referral
4980 under this part;
4981 (b) who, along with a parent, guardian, or legal custodian, voluntarily and in writing,
4982 request youth court involvement; and
4983 [
4984 [
4985
4986 [
4987 the youth court disposition of the case.
4988 (5) Except with permission granted under Subsection (6), or pursuant to Section
4989 53A-11-911, youth courts may not exercise authority over youth who are under the continuing
4990 jurisdiction of the juvenile court for law violations, including any youth who may have a matter
4991 pending which has not yet been adjudicated. Youth courts may, however, exercise authority
4992 over youth who are under the continuing jurisdiction of the juvenile court as set forth in this
4993 Subsection (5) if the offense before the youth court is not a law violation, and the referring
4994 agency has notified the juvenile court of the referral.
4995 (6) Youth courts may exercise authority over youth described in Subsection (5), and
4996 over any other offense with the permission of the juvenile court and the prosecuting attorney in
4997 the county or district that would have jurisdiction if the matter were referred to juvenile court.
4998 (7) Permission of the juvenile court may be granted by a probation officer of the court
4999 in the district that would have jurisdiction over the offense being referred to youth court.
5000 [
5001
5002 [
5003 the youth court process at any time. The youth court shall immediately notify the referring
5004 source of the withdrawal.
5005 [
5006 alternative handling at any time.
5007 [
5008 subsequent referral of the case to any court.
5009 [
5010 referring agency, juvenile court, and victim.
5011 [
5012 the case is referred to a juvenile court, the youth court shall provide the case file to the juvenile
5013 court.
5014 Section 71. Section 78A-6-1207 is amended to read:
5015 78A-6-1207. Fees and expenses.
5016 (1) Youth courts may require that the youth pay a reasonable fee, not to exceed $50, to
5017 participate in youth court. This fee may be reduced or waived by the youth court in exigent
5018 circumstances and shall be based on the ability of the minor's family to pay as determined by a
5019 statewide sliding scale developed by the Commission on Criminal and Juvenile Justice as
5020 provided in Section 63M-7-208. This fee shall be paid to and accounted for by the sponsoring
5021 entity. The fees collected shall be used for supplies and any training requirements.
5022 (2) Youth court participants are responsible for the all expenses of any classes,
5023 counseling, treatment, or other educational programs that are the disposition of the youth court.
5024 (3) Youth court participants may not be terminated unsuccessfully from youth court
5025 due to failure to pay related fees or expenses.
5026 Section 72. Section 78A-6-1302 is amended to read:
5027 78A-6-1302. Procedure -- Standard.
5028 (1) When a motion is filed pursuant to Section 78A-6-1301 raising the issue of a
5029 minor's competency to proceed, or when the court raises the issue of a minor's competency to
5030 proceed, the juvenile court in which proceedings are pending shall stay all delinquency
5031 proceedings.
5032 (2) If a motion for inquiry is opposed by either party, the court shall, prior to granting
5033 or denying the motion, hold a limited hearing solely for the purpose of determining the
5034 sufficiency of the motion. If the court finds that the allegations of incompetency raise a bona
5035 fide doubt as to the minor's competency to proceed, it shall enter an order for an evaluation of
5036 the minor's competency to proceed, and shall set a date for a hearing on the issue of the minor's
5037 competency.
5038 (3) After the granting of a motion, and prior to a full competency hearing, the court
5039 may order the Department of Human Services to evaluate the minor and to report to the court
5040 concerning the minor's mental condition.
5041 (4) The minor shall be evaluated by a mental health examiner with experience in
5042 juvenile forensic evaluations and juvenile brain development, who is not involved in the
5043 current treatment of the minor. If it becomes apparent that the minor may be not competent
5044 due to an intellectual disability or related condition, the examiner shall be experienced in
5045 intellectual disability or related condition evaluations of minors.
5046 (5) The petitioner or other party, as directed by the court, shall provide all information
5047 and materials to the examiners relevant to a determination of the minor's competency
5048 including:
5049 (a) the motion;
5050 (b) the arrest or incident reports pertaining to the charged offense;
5051 (c) the minor's known delinquency history information;
5052 (d) known prior mental health evaluations and treatments; and
5053 (e) consistent with 20 U.S.C. Sec. 1232g (b)(1)(E)(ii)(I), records pertaining to the
5054 minor's education.
5055 (6) The minor's parents or guardian, the prosecutor, defense attorney, and guardian ad
5056 litem, shall cooperate in providing the relevant information and materials to the examiners.
5057 (7) In conducting the evaluation and in the report determining if a minor is competent
5058 to proceed as defined in Subsection 78A-6-105[
5059 impact of a mental disorder, intellectual disability, or related condition on a minor's present
5060 capacity to:
5061 (a) comprehend and appreciate the charges or allegations;
5062 (b) disclose to counsel pertinent facts, events, or states of mind;
5063 (c) comprehend and appreciate the range and nature of possible penalties, if applicable,
5064 that may be imposed in the proceedings against the minor;
5065 (d) engage in reasoned choice of legal strategies and options;
5066 (e) understand the adversarial nature of the proceedings;
5067 (f) manifest appropriate courtroom behavior; and
5068 (g) testify relevantly, if applicable.
5069 (8) In addition to the requirements of Subsection (7), the examiner's written report
5070 shall:
5071 (a) identify the specific matters referred for evaluation;
5072 (b) describe the procedures, techniques, and tests used in the evaluation and the
5073 purpose or purposes for each;
5074 (c) state the examiner's clinical observations, findings, and opinions on each issue
5075 referred for evaluation by the court, and indicate specifically those issues, if any, on which the
5076 examiner could not give an opinion;
5077 (d) state the likelihood that the minor will attain competency and the amount of time
5078 estimated to achieve it; and
5079 (e) identify the sources of information used by the examiner and present the basis for
5080 the examiner's clinical findings and opinions.
5081 (9) The examiner shall provide an initial report to the court, the prosecuting and
5082 defense attorneys, and the guardian ad litem, if applicable, within 30 days of the receipt of the
5083 court's order. If the examiner informs the court that additional time is needed, the court may
5084 grant, taking into consideration the custody status of the minor, up to an additional 30 days to
5085 provide the report to the court and counsel. The examiner must provide the report within 60
5086 days from the receipt of the court's order unless, for good cause shown, the court authorizes an
5087 additional period of time to complete the evaluation and provide the report. The report shall
5088 inform the court of the examiner's opinion concerning the competency and the likelihood of the
5089 minor to attain competency within a year. In the alternative, the examiner may inform the court
5090 in writing that additional time is needed to complete the report.
5091 (10) Any statement made by the minor in the course of any competency evaluation,
5092 whether the evaluation is with or without the consent of the minor, any testimony by the
5093 examiner based upon any statement, and any other fruits of the statement may not be admitted
5094 in evidence against the minor in any delinquency or criminal proceeding except on an issue
5095 respecting the mental condition on which the minor has introduced evidence. The evidence
5096 may be admitted, however, where relevant to a determination of the minor's competency.
5097 (11) [
5098 minor and the parents or guardian of the limits of confidentiality as provided under Subsection
5099 (10).
5100 (12) When the report is received the court shall set a date for a competency hearing
5101 [
5102 enlarges the time for good cause.
5103 (13) A minor shall be presumed competent unless the court, by a preponderance of the
5104 evidence, finds the minor not competent to proceed. The burden of proof is upon the
5105 proponent of incompetency to proceed.
5106 (14) (a) Following the hearing, the court shall determine by a preponderance of
5107 evidence whether the minor is:
5108 (i) competent to proceed;
5109 (ii) not competent to proceed with a substantial probability that the minor may attain
5110 competency in the foreseeable future; or
5111 (iii) not competent to proceed without a substantial probability that the minor may
5112 attain competency in the foreseeable future.
5113 (b) If the court enters a finding pursuant to Subsection (14)(a)(i), the court shall
5114 proceed with the delinquency proceedings.
5115 (c) If the court enters a finding pursuant to Subsection (14)(a)(ii), the court shall
5116 proceed consistent with Section 78A-6-1303.
5117 (d) If the court enters a finding pursuant to Subsection (14)(a)(iii), the court shall
5118 terminate the competency proceeding, dismiss the delinquency charges without prejudice, and
5119 release the minor from any custody order related to the pending delinquency proceeding, unless
5120 the prosecutor informs the court that commitment proceedings pursuant to Title 62A, Chapter
5121 5, Services for People with Disabilities, or Title 62A, Chapter 15, Substance Abuse and Mental
5122 Health Act, will be initiated. These commitment proceedings shall be initiated within seven
5123 days after the court's order, unless the court enlarges the time for good cause shown. The
5124 minor may be ordered to remain in custody until the commitment proceedings have been
5125 concluded.
5126 (15) If the court finds the minor not competent to proceed, its order shall contain
5127 findings addressing each of the factors in Subsection (7).
5128 Section 73. Section 78A-7-106 is amended to read:
5129 78A-7-106. Jurisdiction.
5130 (1) Justice courts have jurisdiction over class B and C misdemeanors, violation of
5131 ordinances, and infractions committed within their territorial jurisdiction by a person 18 years
5132 of age or older.
5133 (2) Except those offenses over which the juvenile court has exclusive jurisdiction,
5134 justice courts have jurisdiction over the following offenses committed within their territorial
5135 jurisdiction by a person who is 16 or 17 years of age:
5136 (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
5137 Licensing Act; and
5138 (b) class B and C misdemeanor and infraction violations of:
5139 (i) Title 23, Wildlife Resources Code of Utah;
5140 (ii) Title 41, Chapter 1a, Motor Vehicle Act;
5141 (iii) Title 41, Chapter 6a, Traffic Code;
5142 (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
5143 Operators Act;
5144 (v) Title 41, Chapter 22, Off-Highway Vehicles;
5145 (vi) Title 73, Chapter 18, State Boating Act;
5146 (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
5147 (viii) Title 73, Chapter 18b, Water Safety; and
5148 (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
5149 Operators Act.
5150 (3) As used in this section, "the court's jurisdiction" means the territorial jurisdiction of
5151 a justice court.
5152 (4) An offense is committed within the territorial jurisdiction of a justice court if:
5153 (a) conduct constituting an element of the offense or a result constituting an element of
5154 the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
5155 itself unlawful;
5156 (b) either a person committing an offense or a victim of an offense is located within the
5157 court's jurisdiction at the time the offense is committed;
5158 (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
5159 within the court's jurisdiction;
5160 (d) a person commits any act constituting an element of an inchoate offense within the
5161 court's jurisdiction, including an agreement in a conspiracy;
5162 (e) a person solicits, aids, or abets, or attempts to solicit, aid, or abet another person in
5163 the planning or commission of an offense within the court's jurisdiction;
5164 (f) the investigation of the offense does not readily indicate in which court's
5165 jurisdiction the offense occurred, and:
5166 (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
5167 passing within the court's jurisdiction;
5168 (ii) (A) the offense is committed on or in any body of water bordering on or within this
5169 state if the territorial limits of the justice court are adjacent to the body of water; and
5170 (B) as used in Subsection (5)(f)(ii)(A), "body of water" includes any stream, river, lake,
5171 or reservoir, whether natural or man-made;
5172 (iii) a person who commits theft exercises control over the affected property within the
5173 court's jurisdiction; or
5174 (iv) the offense is committed on or near the boundary of the court's jurisdiction;
5175 (g) the offense consists of an unlawful communication that was initiated or received
5176 within the court's jurisdiction; or
5177 (h) jurisdiction is otherwise specifically provided by law.
5178 (5) A justice court judge may transfer a criminal matter in which the defendant is a
5179 child to the juvenile court for further proceedings if the justice court judge determines and the
5180 juvenile court concurs that the best interests of the minor would be served by the continuing
5181 jurisdiction of the juvenile court, subject to Section 78A-6-602.
5182 (6) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8,
5183 Small Claims Courts, if a defendant resides in or the debt arose within the territorial
5184 jurisdiction of the justice court.
Legislative Review Note
Office of Legislative Research and General Counsel