Senator Todd Weiler proposes the following substitute bill:


1     
JUVENILE JUSTICE AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to juvenile justice.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses duties of prosecutors;
13          ▸     modifies adjudications of minors under the Alcoholic Beverage Control Act;
14          ▸     amends provisions related to sanctions and driver licenses;
15          ▸     addresses education of certain persons under 21 years of age;
16          ▸     amends provisions related to powers and duties of local school boards, charter
17     school governing boards, school districts, or public school administrators;
18          ▸     addresses reporting of certain conduct;
19          ▸     addresses public school discipline policies;
20          ▸     modifies provisions related to rules addressing prohibited conduct;
21          ▸     enacts an approach to disciplinary actions related to students;
22          ▸     amends provisions related to disruptive student behavior;
23          ▸     addresses contracts between LEAs and law enforcement for school resource officer
24     services;
25          ▸     modifies provisions related to controlled substances and prohibited acts;

26          ▸     modifies sentencing requirements for minors and drug paraphernalia and controlled
27     substances;
28          ▸     repeals language regarding programs and procedures for minors committed to the
29     custody of the Division of Child and Family Services;
30          ▸     amends provisions related to in-home services;
31          ▸     amends definition provisions;
32          ▸     addresses expenditure of money by the Department of Human Services;
33          ▸     modifies provisions related to the Division of Juvenile Justice Services;
34          ▸     modifies provisions related to restitution by a youth offender;
35          ▸     addresses location of detention facilities and services;
36          ▸     addresses commitment;
37          ▸     modifies provisions related to the Youth Parole Authority;
38          ▸     addresses discharge of youth offender;
39          ▸     addresses youth services for prevention and early intervention;
40          ▸     addresses community-based programs;
41          ▸     modifies provisions related to the Commission on Criminal and Juvenile Justice;
42          ▸     amends provisions related to minors and intoxication;
43          ▸     amends provisions related to the buying and possession of a cigar, cigarette,
44     electronic cigarette, or tobacco;
45          ▸     addresses the jurisdiction of the juvenile court;
46          ▸     enacts language regarding warrants;
47          ▸     addresses when a minor may be taken into custody;
48          ▸     addresses summons;
49          ▸     repeals language regarding bench warrants;
50          ▸     modifies provisions related minors being taken into custody or detention or
51     alternatives;
52          ▸     addresses when the attorney general represents the Division of Child and Family
53     Services;
54          ▸     modifies provisions related to the adjudication in juvenile courts;
55          ▸     addresses a judgment, decree, or order and the rights and responsibilities of agency
56     or individual granted custody, probation, or protective supervision;

57          ▸     addresses fines, fees, and restitution;
58          ▸     enacts provisions related to case planning and appropriate responses;
59          ▸     enacts provisions related to detention risk assessment tool;
60          ▸     amends provisions related to prosecutors and review of case;
61          ▸     modifies the citation procedure;
62          ▸     addresses a minor held in detention;
63          ▸     modifies suspension of driver license;
64          ▸     modifies jurisdiction of district court;
65          ▸     modifies enforcement of contempt or a fine, fee, or restitution;
66          ▸     addresses youth court;
67          ▸     addresses jurisdiction of courts; and
68          ▸     makes technical and conforming amendments.
69     Money Appropriated in this Bill:
70          None
71     Other Special Clauses:
72          This bill provides a special effective date.
73          This bill provides revisor instructions.
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-1-403, as last amended by Laws of Utah 2011, Chapter 359
81          53A-3-402, as last amended by Laws of Utah 2016, Chapter 144
82          53A-11-101.7, as last amended by Laws of Utah 2014, Chapter 359
83          53A-11-103, as last amended by Laws of Utah 2012, Chapter 203
84          53A-11-105, as last amended by Laws of Utah 2008, Chapter 3
85          53A-11-403, as enacted by Laws of Utah 1988, Chapter 2
86          53A-11-901, as last amended by Laws of Utah 2015, Chapter 442
87          53A-11-908, as last amended by Laws of Utah 2010, Chapter 114

88          53A-11-910, as last amended by Laws of Utah 2008, Chapter 250
89          53A-11-1302, as renumbered and amended by Laws of Utah 2008, Chapter 3
90          53A-11-1604, as enacted by Laws of Utah 2016, Chapter 165
91          58-37-8, as last amended by Laws of Utah 2016, Chapters 99 and 348
92          58-37a-7, as enacted by Laws of Utah 2015, Chapter 165
93          58-37b-9, as enacted by Laws of Utah 2015, Chapter 165
94          62A-4a-105, as last amended by Laws of Utah 2016, Chapter 296
95          62A-4a-201, as last amended by Laws of Utah 2015, Chapter 274
96          62A-4a-202, as last amended by Laws of Utah 2014, Chapter 265
97          62A-4a-208, as last amended by Laws of Utah 2009, Chapter 75
98          62A-4a-250, as last amended by Laws of Utah 2008, Chapter 3
99          62A-7-101, as last amended by Laws of Utah 2008, Chapter 3
100          62A-7-104, as last amended by Laws of Utah 2015, Chapter 210
101          62A-7-107.5, as renumbered and amended by Laws of Utah 2005, Chapter 13
102          62A-7-109.5, as renumbered and amended by Laws of Utah 2005, Chapter 13
103          62A-7-201, as last amended by Laws of Utah 2015, Chapter 338
104          62A-7-202, as last amended by Laws of Utah 2008, Chapter 382
105          62A-7-404, as renumbered and amended by Laws of Utah 2005, Chapter 13
106          62A-7-501, as last amended by Laws of Utah 2010, Chapter 286
107          62A-7-504, as renumbered and amended by Laws of Utah 2005, Chapter 13
108          62A-7-506, as renumbered and amended by Laws of Utah 2005, Chapter 13
109          62A-7-601, as renumbered and amended by Laws of Utah 2005, Chapter 13
110          62A-7-701, as renumbered and amended by Laws of Utah 2005, Chapter 13
111          63I-2-262, as last amended by Laws of Utah 2015, Chapter 258
112          63M-7-204, as last amended by Laws of Utah 2015, Chapter 412
113          63M-7-404, as last amended by Laws of Utah 2015, Chapter 412
114          76-5-413, as last amended by Laws of Utah 2008, Chapter 3
115          76-9-701, as last amended by Laws of Utah 2015, Chapter 165
116          76-10-105, as last amended by Laws of Utah 2010, Chapter 114
117          78A-6-103, as last amended by Laws of Utah 2012, Chapter 316
118          78A-6-105, as last amended by Laws of Utah 2016, Chapters 109 and 351

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-6-1202, as last amended by Laws of Utah 2010, Chapter 276
140          78A-6-1203, as last amended by Laws of Utah 2013, Chapter 27
141          78A-6-1302, as last amended by Laws of Utah 2013, Chapter 278
142          78A-7-106, as last amended by Laws of Utah 2016, Chapter 33
143     ENACTS:
144          53A-11-911, Utah Code Annotated 1953
145          62A-1-111.5, Utah Code Annotated 1953
146          63M-7-208, Utah Code Annotated 1953
147          78A-6-106.5, Utah Code Annotated 1953
148          78A-6-117.5, Utah Code Annotated 1953
149          78A-6-123, Utah Code Annotated 1953

150          78A-6-124, Utah Code Annotated 1953
151     Utah Code Sections Affected by Revisor Instructions:
152          62A-1-111.5, Utah Code Annotated 1953
153     

154     Be it enacted by the Legislature of the state of Utah:
155          Section 1. Section 17-18a-404 is amended to read:
156          17-18a-404. Juvenile proceedings.
157          For a proceeding involving a charge of juvenile delinquency, [a public] infraction, or a
158     status offense, a prosecutor shall:
159          (1) review cases pursuant to Section 78A-6-602; and
160          (2) appear and prosecute for the state in the juvenile court of the county.
161          Section 2. Section 32B-4-409 is amended to read:
162          32B-4-409. Unlawful purchase, possession, consumption by minor -- Measurable
163     amounts in body.
164          (1) Unless specifically authorized by this title, it is unlawful for a minor to:
165          (a) purchase an alcoholic product;
166          (b) attempt to purchase an alcoholic product;
167          (c) solicit another person to purchase an alcoholic product;
168          (d) possess an alcoholic product;
169          (e) consume an alcoholic product; or
170          (f) have measurable blood, breath, or urine alcohol concentration in the minor's body.
171          (2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic
172     product for a minor for:
173          (a) a minor to misrepresent the minor's age; or
174          (b) any other person to misrepresent the age of a minor.
175          (3) It is unlawful for a minor to possess or consume an alcoholic product while riding
176     in a limousine or chartered bus.
177          (4) (a) If a minor is found by a court to have violated this section and the violation is
178     the minor's first violation of this section, the court may:
179          (i) order the minor to complete a screening as defined in Section 41-6a-501;
180          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the

181     screening indicates an assessment to be appropriate; and
182          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
183     or substance [abuse] use disorder treatment as indicated by an assessment.
184          (b) If a minor is found by a court to have violated this section and the violation is the
185     minor's second or subsequent violation of this section, the court shall:
186          (i) order the minor to complete a screening as defined in Section 41-6a-501;
187          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
188     screening indicates an assessment to be appropriate; and
189          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
190     or substance [abuse] use disorder treatment as indicated by an assessment.
191          (5) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
192     found by a court to have violated this section, except as provided in Section 32B-4-411, the
193     court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
194          (b) Notwithstanding the provision in Subsection (5)(a), the court may reduce the
195     suspension period required under Section 53-3-219 if:
196          (i) the violation is the minor's first violation of this section; and
197          (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
198          (B) the minor demonstrates substantial progress in substance [abuse] use disorder
199     treatment.
200          (c) Notwithstanding the requirement in Subsection (5)(a) and in accordance with the
201     requirements of Section 53-3-219, the court may reduce the suspension period required under
202     Section 53-3-219 if:
203          (i) the violation is the minor's second or subsequent violation of this section;
204          (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
205     demonstrated substantial progress in substance [abuse] use disorder treatment; and
206          (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
207     court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
208     consecutive period during the suspension period imposed under Subsection (5)(a); or
209          (B) the person is under 18 years of age and has the person's parent or legal guardian
210     provide an affidavit or sworn statement to the court certifying that to the parent or legal
211     guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a

212     one-year consecutive period during the suspension period imposed under Subsection (5)(a).
213          (6) When a minor who is [at least 13 years old, but] younger than 18 years old[,] is
214     found by the court to have violated this section, Section 78A-6-606 applies to the violation.
215          (7) Notwithstanding Subsections (5)(a) and (b), if a minor is adjudicated under Section
216     78A-6-117, the court may only order substance use disorder treatment or an educational series
217     if the minor has an assessed need for the intervention on the basis of the results of a validated
218     assessment.
219          [(7)] (8) When a court issues an order suspending a person's driving privileges for a
220     violation of this section, the Driver License Division shall suspend the person's license under
221     Section 53-3-219.
222          [(8)] (9) When the Department of Public Safety receives the arrest or conviction record
223     of a person for a driving offense committed while the person's license is suspended pursuant to
224     this section, the Department of Public Safety shall extend the suspension for an additional like
225     period of time.
226          [(9)] (10) This section does not apply to a minor's consumption of an alcoholic product
227     in accordance with this title:
228          (a) for medicinal purposes if:
229          (i) the minor is at least 18 years old; or
230          (ii) the alcoholic product is furnished by:
231          (A) the parent or guardian of the minor; or
232          (B) the minor's health care practitioner, if the health care practitioner is authorized by
233     law to write a prescription; or
234          (b) as part of a religious organization's religious services.
235          Section 3. Section 32B-4-410 is amended to read:
236          32B-4-410. Unlawful admittance or attempt to gain admittance by minor.
237          (1) It is unlawful for a minor to gain admittance or attempt to gain admittance to the
238     premises of:
239          (a) a tavern; or
240          (b) a social club licensee, except to the extent authorized by Section 32B-6-406.1.
241          (2) A minor who violates this section is guilty of a class C misdemeanor.
242          (3) (a) If a minor is found by a court to have violated this section and the violation is

243     the minor's first violation of this section, the court may:
244          (i) order the minor to complete a screening as defined in Section 41-6a-501;
245          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
246     screening indicates an assessment to be appropriate; and
247          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
248     or substance [abuse] use disorder treatment as indicated by an assessment.
249          (b) If a minor is found by a court to have violated this section and the violation is the
250     minor's second or subsequent violation of this section, the court shall:
251          (i) order the minor to complete a screening as defined in Section 41-6a-501;
252          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
253     screening indicates an assessment to be appropriate; and
254          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
255     or substance [abuse] use disorder treatment as indicated by an assessment.
256          (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
257     found by a court to have violated this section, except as provided in Section 32B-4-411, the
258     court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
259          (b) Notwithstanding [the provision in] Subsection (4)(a), the court may reduce the
260     suspension period required under Section 53-3-219 if:
261          (i) the violation is the minor's first violation of this section; and
262          (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
263          (B) the minor demonstrates substantial progress in substance [abuse] use disorder
264     treatment.
265          (c) Notwithstanding [the requirement in] Subsection (4)(a) and in accordance with [the
266     requirements of] Section 53-3-219, the court may reduce the suspension period required under
267     Section 53-3-219 if:
268          (i) the violation is the minor's second or subsequent violation of this section;
269          (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
270     demonstrated substantial progress in substance [abuse] use disorder treatment; and
271          (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
272     court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
273     consecutive period during the suspension period imposed under Subsection (4)(a); or

274          (B) the person is under 18 years of age and has the person's parent or legal guardian
275     provide an affidavit or sworn statement to the court certifying that to the parent or legal
276     guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
277     one-year consecutive period during the suspension period imposed under Subsection (4)(a).
278          (5) When a minor who is [at least 13 years old, but] younger than 18 years old[,] is
279     found by a court to have violated this section, Section 78A-6-606 applies to the violation.
280          (6) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under Section
281     78A-6-117, the court may only order substance use disorder treatment or an educational series
282     if the minor has an assessed need for the intervention on the basis of the results of a validated
283     assessment.
284          [(6)] (7) When a court issues an order suspending a person's driving privileges for a
285     violation of this section, the Driver License Division shall suspend the person's license under
286     Section 53-3-219.
287          [(7)] (8) When the Department of Public Safety receives the arrest or conviction record
288     of a person for a driving offense committed while the person's license is suspended pursuant to
289     this section, the Department of Public Safety shall extend the suspension for an additional like
290     period of time.
291          Section 4. Section 32B-4-411 is amended to read:
292          32B-4-411. Minor's unlawful use of proof of age.
293          (1) As used in this section, "proof of age violation" means a violation by a minor of:
294          (a) Chapter 1, Part 4, Proof of Age Act; or
295          (b) if as part of the violation the minor uses a proof of age in violation of Chapter 1,
296     Part 4, Proof of Age Act:
297          (i) Section 32B-4-409; or
298          (ii) Section 32B-4-410.
299          (2) If a court finds a minor engaged in a proof of age violation, notwithstanding the
300     penalties provided for in Subsection (1):
301          (a) (i) for a first violation, the minor is guilty of a class B misdemeanor;
302          (ii) for a second violation, the minor is guilty of a class A misdemeanor; and
303          (iii) for a third or subsequent violation, the minor is guilty of a class A misdemeanor,
304     except that the court may impose:

305          (A) a fine of up to $5,000;
306          (B) screening, assessment, or substance [abuse] use disorder treatment, as defined in
307     Section 41-6a-501;
308          (C) an educational series, as defined in Section 41-6a-501;
309          (D) alcoholic product related community service or compensatory service work
310     program hours;
311          (E) fees for restitution and treatment costs;
312          (F) defensive driver education courses; or
313          (G) a combination of these penalties; and
314          (b) (i) for a minor who is [at least 13 years old, but] younger than 18 years old:
315          (A) the court [shall] may forward to the Driver License Division a record of an
316     adjudication under Title 78A, Chapter 6, Juvenile Court Act [of 1996], for a violation under
317     this section; and
318          (B) the provisions regarding suspension of a driver license under Section 78A-6-606
319     apply; and
320          (ii) for a minor who is at least 18 years old, but younger than 21 years old:
321          (A) the court shall forward to the Driver License Division a record of conviction for a
322     violation under this section; and
323          (B) the Driver License Division shall suspend the person's license under Section
324     53-3-220.
325          (c) Notwithstanding Subsection (2)(a), if a minor is adjudicated under Section
326     78A-6-117, the court may order:
327          (i) substance use disorder treatment or an educational series only if the minor has an
328     assessed need for the intervention based on the results of a validated assessment; and
329          (ii) a fine, fee, service hours, or costs in accordance with Section 78A-6-117.
330          (3) (a) Notwithstanding [the requirement in] Subsection (2)(b), the court may reduce
331     the suspension period under Subsection 53-3-220(1)(e) or 78A-6-606(3)(d) if:
332          (i) the violation is the minor's first violation of [Section 32B-4-411] this section; and
333          (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
334          (B) the minor demonstrates substantial progress in substance [abuse] use disorder
335     treatment.

336          (b) Notwithstanding the requirement in Subsection (2)(b), the court may reduce the
337     suspension period under Subsection 53-3-220(1)(e) or 78A-6-606(3)(d) if:
338          (i) the violation is the minor's second or subsequent violation of [Section 32B-4-411]
339     this section;
340          (ii) the person has completed an educational series as defined in Section 41-6a-501 or
341     demonstrated substantial progress in substance [abuse] use disorder treatment; and
342          (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
343     court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
344     consecutive period during the suspension period imposed under Subsection 53-3-220(1)(e) or
345     78A-6-606(3)(d); or
346          (B) the minor is under 18 years of age and has the minor's parent or legal guardian
347     provide an affidavit or sworn statement to the court certifying that to the parent or legal
348     guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least a
349     one-year consecutive period during the suspension period imposed under Subsection
350     53-3-220(1)(e) or 78A-6-606(3)(d).
351          (4) When the Department of Public Safety receives the arrest or conviction record of an
352     individual for a driving offense committed while the individual's license is suspended pursuant
353     to this section, the Department of Public Safety shall extend the suspension for an additional
354     like period of time.
355          (5) A court may not fail to enter a judgment of conviction under this section under a
356     plea in abeyance agreement.
357          Section 5. Section 53A-1-403 is amended to read:
358          53A-1-403. Education of persons under 21 in custody of or receiving services
359     from certain state agencies -- Establishment of coordinating council -- Advisory councils.
360          (1) For purposes of this section, "board" means the State Board of Education.
361          (2) (a) The board is directly responsible for the education of all persons under the age
362     of 21 who are:
363          (i) [in the custody of] receiving services from the Department of Human Services;
364          (ii) in the custody of an equivalent agency of a Native American tribe recognized by
365     the United States Bureau of Indian Affairs and whose custodial parent or legal guardian resides
366     within the state; or

367          (iii) being held in a juvenile detention facility.
368          (b) The board shall adopt rules, in accordance with Title 63G, Chapter 3, Utah
369     Administrative Rulemaking Act, to provide for the distribution of funds for the education of
370     persons described in Subsection (2)(a).
371          (3) Subsection (2)(a)(ii) does not apply to persons taken into custody for the primary
372     purpose of obtaining access to education programs provided for youth in custody.
373          (4) The board shall, where feasible, contract with school districts or other appropriate
374     agencies to provide educational, administrative, and supportive services, but the board shall
375     retain responsibility for the programs.
376          (5) The Legislature shall establish and maintain separate education budget categories
377     for youth in custody or who are under the jurisdiction of the following state agencies:
378          (a) detention centers and the Divisions of Juvenile Justice Services and Child and
379     Family Services;
380          (b) the Division of Substance Abuse and Mental Health; and
381          (c) the Division of Services for People with Disabilities.
382          (6) (a) The Department of Human Services and the State Board of Education shall
383     appoint a coordinating council to plan, coordinate, and recommend budget, policy, and
384     program guidelines for the education and treatment of persons in the custody of the Division of
385     Juvenile Justice Services and the Division of Child and Family Services.
386          (b) The department and board may appoint similar councils for those in the custody of
387     the Division of Substance Abuse and Mental Health or the Division of Services for People with
388     Disabilities.
389          (7) A school district contracting to provide services under Subsection (4) shall
390     establish an advisory council to plan, coordinate, and review education and treatment programs
391     for persons held in custody in the district.
392          Section 6. Section 53A-3-402 is amended to read:
393          53A-3-402. Powers and duties generally.
394          (1) [Each] A local school board shall:
395          (a) implement the core standards for Utah public schools [utilizing] using instructional
396     materials that best correlate to the core standards for Utah public schools and graduation
397     requirements;

398          (b) administer tests, required by the State Board of Education, which measure the
399     progress of each student, and coordinate with the state superintendent and State Board of
400     Education to assess results and create plans to improve the student's progress, which shall be
401     submitted to the State Board of Education for approval;
402          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
403     students that need remediation and determine the type and amount of federal, state, and local
404     resources to implement remediation;
405          (d) develop early warning systems for students or classes failing to make progress;
406          (e) work with the State Board of Education to establish a library of documented best
407     practices, consistent with state and federal regulations, for use by the local districts; and
408          (f) implement training programs for school administrators, including basic
409     management training, best practices in instructional methods, budget training, staff
410     management, managing for learning results and continuous improvement, and how to help
411     every child achieve optimal learning in basic academic subjects.
412          (2) Local school boards shall spend minimum school program funds for programs and
413     activities for which the State Board of Education has established minimum standards or rules
414     under Section 53A-1-402.
415          (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
416     and equipment and construct, erect, and furnish school buildings.
417          (b) School sites or buildings may only be conveyed or sold on board resolution
418     affirmed by at least two-thirds of the members.
419          (4) (a) A board may participate in the joint construction or operation of a school
420     attended by children residing within the district and children residing in other districts either
421     within or outside the state.
422          (b) Any agreement for the joint operation or construction of a school shall:
423          (i) be signed by the president of the board of each participating district;
424          (ii) include a mutually agreed upon pro rata cost; and
425          (iii) be filed with the State Board of Education.
426          (5) A board may establish, locate, and maintain elementary, secondary, and applied
427     technology schools.
428          (6) Except as provided in Section 53A-1-1001, a board may enroll children in school

429     who are at least five years of age before September 2 of the year in which admission is sought.
430          (7) A board may establish and support school libraries.
431          (8) A board may collect damages for the loss, injury, or destruction of school property.
432          (9) A board may authorize guidance and counseling services for children and their
433     parents or guardians [prior to] before, during, or following enrollment of the children in
434     schools.
435          (10) (a) A board shall administer and implement federal educational programs in
436     accordance with Title 53A, Chapter 1, Part 9, Implementing Federal or National Education
437     Programs Act.
438          (b) Federal funds are not considered funds within the school district budget under Title
439     53A, Chapter 19, Public School Budgets.
440          (11) (a) A board may organize school safety patrols and adopt rules under which the
441     patrols promote student safety.
442          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
443     parental consent for the appointment.
444          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
445     of a highway intended for vehicular traffic use.
446          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
447     safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
448     the program by virtue of the organization, maintenance, or operation of a school safety patrol.
449          (12) (a) A board may on its own behalf, or on behalf of an educational institution for
450     which the board is the direct governing body, accept private grants, loans, gifts, endowments,
451     devises, or bequests that are made for educational purposes.
452          (b) These contributions are not subject to appropriation by the Legislature.
453          (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
454     citations for violations of Subsection 76-10-105(2).
455          (b) A person may not be appointed to serve as a compliance officer without the
456     person's consent.
457          (c) A teacher or student may not be appointed as a compliance officer.
458          (14) A board shall adopt bylaws and rules for [its] the board's own procedures.
459          (15) (a) A board shall make and enforce rules necessary for the control and

460     management of the district schools.
461          (b) [All board] Board rules and policies shall be in writing, filed, and referenced for
462     public access.
463          (16) A board may hold school on legal holidays other than Sundays.
464          (17) (a) [Each] A board shall establish for each school year a school traffic safety
465     committee to implement this Subsection (17).
466          (b) The committee shall be composed of one representative of:
467          (i) the schools within the district;
468          (ii) the Parent Teachers' Association of the schools within the district;
469          (iii) the municipality or county;
470          (iv) state or local law enforcement; and
471          (v) state or local traffic safety engineering.
472          (c) The committee shall:
473          (i) receive suggestions from school community councils, parents, teachers, and others
474     and recommend school traffic safety improvements, boundary changes to enhance safety, and
475     school traffic safety program measures;
476          (ii) review and submit annually to the Department of Transportation and affected
477     municipalities and counties a child access routing plan for each elementary, middle, and junior
478     high school within the district;
479          (iii) consult the Utah Safety Council and the Division of Family Health Services and
480     provide training to all school children in kindergarten through grade six, within the district, on
481     school crossing safety and use; and
482          (iv) help ensure the district's compliance with rules made by the Department of
483     Transportation under Section 41-6a-303.
484          (d) The committee may establish subcommittees as needed to assist in accomplishing
485     its duties under Subsection (17)(c).
486          (18) (a) [Each] A school board shall adopt and implement a comprehensive emergency
487     response plan to prevent and combat violence in [its] the school board's public schools, on
488     school grounds, on its school vehicles, and in connection with school-related activities or
489     events.
490          (b) The plan shall:

491          (i) include prevention, intervention, and response components;
492          (ii) be consistent with the student conduct and discipline policies required for school
493     districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
494          (iii) require inservice training for all district and school building staff on what their
495     roles are in the emergency response plan;
496          (iv) provide for coordination with local law enforcement and other public safety
497     representatives in preventing, intervening, and responding to violence in the areas and activities
498     referred to in Subsection (18)(a); and
499          (v) include procedures to notify a student, to the extent practicable, who is off campus
500     at the time of a school violence emergency because the student is:
501          (A) participating in a school-related activity; or
502          (B) excused from school for a period of time during the regular school day to
503     participate in religious instruction at the request of the student's parent or guardian.
504          (c) The State Board of Education, through the state superintendent of public
505     instruction, shall develop comprehensive emergency response plan models that local school
506     boards may use, where appropriate, to comply with Subsection (18)(a).
507          (d) [Each] A local school board shall, by July 1 of each year, certify to the State Board
508     of Education that its plan has been practiced at the school level and presented to and reviewed
509     by its teachers, administrators, students, and their parents and local law enforcement and public
510     safety representatives.
511          (19) (a) [Each] A local school board may adopt an emergency response plan for the
512     treatment of sports-related injuries that occur during school sports practices and events.
513          (b) The plan may be implemented by each secondary school in the district that has a
514     sports program for students.
515          (c) The plan may:
516          (i) include emergency personnel, emergency communication, and emergency
517     equipment components;
518          (ii) require inservice training on the emergency response plan for school personnel who
519     are involved in sports programs in the district's secondary schools; and
520          (iii) provide for coordination with individuals and agency representatives who:
521          (A) are not employees of the school district; and

522          (B) would be involved in providing emergency services to students injured while
523     participating in sports events.
524          (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
525     review the plan each year and make revisions when required to improve or enhance the plan.
526          (e) The State Board of Education, through the state superintendent of public
527     instruction, shall provide local school boards with an emergency plan response model that local
528     boards may use to comply with the requirements of this Subsection (19).
529          (20) A board shall do all other things necessary for the maintenance, prosperity, and
530     success of the schools and the promotion of education.
531          (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
532          (i) hold a public hearing, as defined in Section 10-9a-103; and
533          (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
534          (b) The notice of a public hearing required under Subsection (21)(a) shall:
535          (i) indicate the:
536          (A) school or schools under consideration for closure or boundary change; and
537          (B) date, time, and location of the public hearing; and
538          (ii) at least 10 days [prior to] before the public hearing, be:
539          (A) published:
540          (I) in a newspaper of general circulation in the area; and
541          (II) on the Utah Public Notice Website created in Section 63F-1-701; and
542          (B) posted in at least three public locations within the municipality or on the district's
543     official website.
544          (22) A board may implement a facility energy efficiency program established under
545     Title 11, Chapter 44, Performance Efficiency Act.
546          (23) A board may establish or partner with a certified youth court program, in
547     accordance with Section 78A-6-1203, or establish or partner with a comparable restorative
548     justice program, in coordination with schools in that district. A school may refer a student to
549     youth court or a comparable restorative justice program in accordance with Section
550     53A-11-911.
551          Section 7. Section 53A-11-101.7 is amended to read:
552          53A-11-101.7. Truancy -- Notice of truancy -- Failure to cooperate with school

553     authorities.
554          (1) Except as provided in Section 53A-11-102 or 53A-11-102.5, a school-age minor
555     who is enrolled in a public school shall attend the public school in which the school-age minor
556     is enrolled.
557          (2) A local school board, charter school governing board, or school district may impose
558     administrative penalties on a school-age minor in accordance with Section 53A-11-911 who is
559     truant.
560          (3) A local school board or charter school governing board:
561          (a) may authorize a school administrator, a designee of a school administrator, a law
562     enforcement officer acting as a school resource officer, or a truancy specialist to issue notices
563     of truancy to school-age minors who are at least 12 years old; and
564          (b) shall establish a procedure for a school-age minor, or the school-age minor's
565     parents, to contest a notice of truancy.
566          (4) The notice of truancy described in Subsection (3):
567          (a) may not be issued until the school-age minor has been truant at least five times
568     during the school year;
569          (b) may not be issued to a school-age minor who is less than 12 years old;
570          (c) may not be issued to a minor exempt from school attendance as provided in Section
571     53A-11-102 or 53A-11-102.5;
572          (d) shall direct the school-age minor and the parent of the school-age minor to:
573          (i) meet with school authorities to discuss the school-age minor's truancies; and
574          (ii) cooperate with the school board, local charter board, or school district in securing
575     regular attendance by the school-age minor; and
576          (e) shall be mailed to, or served on, the school-age minor's parent.
577          [(5) (a) Except as provided in Subsection (5)(b), a habitual truant citation may be
578     issued to a habitual truant if:]
579          [(i) the local school board, charter school governing board, or school district has made
580     reasonable efforts, under Section 53A-11-103, to resolve the school attendance problems of the
581     habitual truant; and]
582          [(ii) the efforts to resolve the school attendance problems, described in Subsection
583     (5)(a)(i), have not been successful.]

584          [(b) A habitual truant citation may not be issued to a habitual truant if the habitual
585     truant:]
586          [(i) has at least a 3.5 cumulative grade point average; and]
587          [(ii) is at least 16 years old.]
588          [(6) A habitual truant to whom a habitual truant citation is issued under Subsection
589     (5):]
590          [(a) shall be referred to the juvenile court for violation of Subsection (1); and]
591          [(b) is subject to the jurisdiction of the juvenile court.]
592          [(7) A notice of truancy or a habitual truant citation may only be issued by:]
593          [(a) a school administrator, or a truancy specialist, who is authorized by a local school
594     board or charter school governing board;]
595          [(b) a designee of a school administrator described in Subsection (7)(a); or]
596          [(c) a law enforcement officer acting as a school resource officer.]
597          [(8)] (5) Nothing in this part prohibits a local school board, charter school governing
598     board, or school district from taking action to resolve a truancy problem with a school-age
599     minor who has been truant less than five times, provided that the action does not conflict with
600     the requirements of this part.
601          [(9) Nothing in this part allows a local school board or charter school governing board
602     to issue a citation pursuant to this section if the minor is exempt from school attendance as
603     provided in Section 53A-11-102 or 53A-11-102.5.]
604          Section 8. Section 53A-11-103 is amended to read:
605          53A-11-103. Duties of a school board, local charter board, or school district in
606     resolving attendance problems -- Parental involvement -- Liability not imposed.
607          (1) (a) Except as provided in Subsection (1)(b), a local school board, local charter
608     board, or school district shall make efforts to resolve the school attendance problems of each
609     school-age minor who is, or should be, enrolled in the school district.
610          (b) A minor exempt from school attendance under Section 53A-11-102 or
611     53A-11-102.5 is not considered to be a minor who is or should be enrolled in a school district
612     or charter school under Subsection (1)(a).
613          (2) The efforts described in Subsection (1) shall include, as reasonably feasible:
614          (a) counseling of the minor by school authorities;

615          (b) issuing a notice of truancy to a school-age minor who is at least 12 years old, in
616     accordance with Section 53A-11-101.7;
617          [(c) issuing a habitual truant citation, in accordance with Section 53A-11-101.7;]
618          [(d)] (c) issuing a notice of compulsory education violation to a parent of a school-age
619     child, in accordance with Section 53A-11-101.5;
620          [(e)] (d) making any necessary adjustment to the curriculum and schedule to meet
621     special needs of the minor;
622          [(f)] (e) considering alternatives proposed by a parent;
623          [(g)] (f) monitoring school attendance of the minor;
624          [(h)] (g) voluntary participation in truancy mediation, if available; and
625          [(i)] (h) providing a school-age minor's parent, upon request, with a list of resources
626     available to assist the parent in resolving the school-age minor's attendance problems.
627          (3) In addition to the efforts described in Subsection (2), the local school board, local
628     charter board, or school district may enlist the assistance of community and law enforcement
629     agencies as appropriate and reasonably feasible in accordance with Section 53A-11-911.
630          (4) This section [shall] does not impose [any] civil liability on boards of education,
631     local school boards, local charter boards, school districts, or their employees.
632          (5) Proceedings initiated under this part do not obligate or preclude action by the
633     Division of Child and Family Services under Section 78A-6-319.
634          Section 9. Section 53A-11-105 is amended to read:
635          53A-11-105. Taking custody of a person believed to be a truant minor --
636     Disposition -- Reports -- Immunity from liability.
637          (1) A peace officer or public school administrator may take a minor into temporary
638     custody if there is reason to believe the minor is a truant minor.
639          (2) An individual taking a school-age minor into custody under Subsection (1) shall,
640     without unnecessary delay, release the minor to:
641          (a) the principal of the minor's school;
642          (b) a person who has been designated by the local school board or local charter board
643     to receive and return the minor to school; or
644          (c) a [receiving] truancy center established under Subsection (5).
645          (3) If the minor refuses to return to school or go to the [receiving] truancy center, the

646     officer or administrator shall, without unnecessary delay, notify the minor's parents and release
647     the minor to their custody.
648          (4) If the parents cannot be reached or are unable or unwilling to accept custody and
649     none of the options in Subsection (2) are available, the minor shall be referred to the Division
650     of Child and Family Services.
651          (5) (a) A local school board or local charter board, singly or jointly with another school
652     board, may establish or designate [receiving] truancy centers within existing school buildings
653     and staff the centers with existing teachers or staff to provide educational guidance and
654     counseling for truant minors. Upon receipt of a truant minor, the center shall, without
655     unnecessary delay, notify and direct the minor's parents to come to the center, pick up the
656     minor, and return the minor to the school in which the minor is enrolled.
657          (b) If the parents cannot be reached or are unable or unwilling to comply with the
658     request within a reasonable time, the center shall take such steps as are reasonably necessary to
659     insure the safety and well being of the minor, including, when appropriate, returning the minor
660     to school or referring the minor to the Division of Child and Family Services. A minor taken
661     into custody under this section may not be placed in a detention center or other secure
662     confinement facility.
663          (6) Action taken under this section shall be reported to the appropriate school district.
664     The district shall promptly notify the minor's parents of the action taken.
665          (7) The Utah Governmental Immunity Act applies to all actions taken under this
666     section.
667          (8) Nothing in this section may be construed to grant authority to a public school
668     administrator to place a minor in the custody of the Division of Child and Family Services,
669     without complying with [the provisions of] Title 62A, Chapter 4a, Part 2, Child Welfare
670     Services, [and Part 2a, Minors in Custody on Grounds Other Than Abuse or Neglect,] and [of]
671     Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings[, and Part 4,
672     Minors in Custody on Grounds Other Than Abuse or Neglect].
673          Section 10. Section 53A-11-403 is amended to read:
674          53A-11-403. Reporting procedure.
675          (1) The principal of a public school affected by this chapter shall appoint one educator
676     as the "designated educator" to make all reports required under Sections 53A-11-401 through

677     53A-11-404.
678          (2) The designated educator, upon receiving a report of a prohibited act from an
679     educator under Section 53A-11-402, shall immediately report the violation to the student's
680     parent or legal guardian, and may report the violation to an appropriate law enforcement
681     agency or official, in accordance with Section 53A-11-911.
682          (3) The designated educator may not disclose to the student or to the student's parent or
683     legal guardian the identity of the educator who made the initial report.
684          Section 11. Section 53A-11-901 is amended to read:
685          53A-11-901. Public school discipline policies -- Basis of the policies --
686     Enforcement.
687          (1) The Legislature recognizes that every student in the public schools should have the
688     opportunity to learn in an environment which is safe, conducive to the learning process, and
689     free from unnecessary disruption.
690          (2) (a) To foster such an environment, each local school board or governing board of a
691     charter school, with input from school employees, parents and guardians of students, students,
692     and the community at large, shall adopt conduct and discipline policies for the public schools
693     in accordance with Section 53A-11-911.
694          (b) [Each] A district or charter school shall base its policies on the principle that every
695     student is expected:
696          (i) to follow accepted rules of conduct; and
697          (ii) to show respect for other people and to obey persons in authority at the school.
698          (c) (i) On or before September 1, 2015, the State Board of Education shall revise the
699     conduct and discipline policy models for elementary and secondary public schools to include
700     procedures for responding to reports received through the School Safety and Crisis Line under
701     Subsection 53A-11-1503(3).
702          (ii) Each district or charter school shall use the models, where appropriate, in
703     developing its conduct and discipline policies under this chapter.
704          (d) The policies shall emphasize that certain behavior, most particularly behavior
705     which disrupts, is unacceptable and may result in disciplinary action.
706          (3) The local superintendent and designated employees of the district or charter school
707     shall enforce the policies so that students demonstrating unacceptable behavior and their

708     parents or guardians understand that such behavior will not be tolerated and will be dealt with
709     in accordance with the district's conduct and discipline policies.
710          Section 12. Section 53A-11-908 is amended to read:
711          53A-11-908. Extracurricular activities -- Prohibited conduct -- Reporting of
712     violations -- Limitation of liability.
713          (1) The Legislature recognizes that:
714          (a) participation in student government and extracurricular activities may confer
715     important educational and lifetime benefits upon students, and encourages school districts and
716     charter schools to provide a variety of opportunities for all students to participate in such
717     activities in meaningful ways;
718          (b) there is no constitutional right to participate in these types of activities, and does
719     not through this section or any other provision of law create such a right;
720          (c) students who participate in student government and extracurricular activities,
721     particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
722     those activities, become role models for others in the school and community;
723          (d) these individuals often play major roles in establishing standards of acceptable
724     behavior in the school and community, and establishing and maintaining the reputation of the
725     school and the level of community confidence and support afforded the school; and
726          (e) it is of the utmost importance that those involved in student government, whether as
727     officers or advisors, and those involved in competitive athletics and related activities, whether
728     students or staff, comply with all applicable laws and rules of behavior and conduct themselves
729     at all times in a manner befitting their positions and responsibilities.
730          (2) (a) The State Board of Education may, and local boards of education and governing
731     boards of charter schools shall, adopt rules implementing this section that apply to both
732     students and staff.
733          (b) [Those] The rules described in Subsection (2)(a) shall include prohibitions against
734     the following types of conduct in accordance with Section 53A-11-911, while in the classroom,
735     on school property, during school sponsored activities, or regardless of the location or
736     circumstance, affecting a person or property described in Subsections 53A-11-902(5)(a)
737     through (d):
738          (i) use of foul, abusive, or profane language while engaged in school related activities;

739          (ii) illicit use, possession, or distribution of controlled substances or drug
740     paraphernalia, and the use, possession, or distribution of an electronic cigarette as defined in
741     Section 76-10-101, tobacco, or alcoholic beverages contrary to law; and
742          (iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
743     behavior involving physical violence, restraint, improper touching, or inappropriate exposure
744     of body parts not normally exposed in public settings, forced ingestion of any substance, or any
745     act which would constitute a crime against a person or public order under Utah law.
746          (3) (a) School employees who reasonably believe that a violation of this section may
747     have occurred shall immediately report that belief to the school principal, district
748     superintendent, or chief administrative officer of a charter school.
749          (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
750     alleged incident, and actions taken in response, to the district superintendent or the
751     superintendent's designee within 10 working days after receipt of the report.
752          (c) Failure of a person holding a professional certificate to report as required under this
753     Subsection (3) constitutes an unprofessional practice.
754          (4) Limitations of liability set forth under Section 53A-11-1004 apply to this section.
755          Section 13. Section 53A-11-910 is amended to read:
756          53A-11-910. Disruptive student behavior.
757          (1) As used in this section:
758          (a) "Disruptive student behavior" includes:
759          (i) the grounds for suspension or expulsion described in Section 53A-11-904; and
760          (ii) the conduct described in Subsection 53A-11-908(2)(b).
761          (b) "Parent" includes:
762          (i) a custodial parent of a school-age minor;
763          (ii) a legally appointed guardian of a school-age minor; or
764          (iii) any other person purporting to exercise any authority over the minor which could
765     be exercised by a person described in Subsection (1)(b)(i) or (ii).
766          (c) "Qualifying minor" means a school-age minor who:
767          (i) is at least nine years old; or
768          (ii) turns nine years old at any time during the school year.
769          (d) "School year" means the period of time designated by a local school board or local

770     charter board as the school year for the school where the school-age minor is enrolled.
771          (2) A local school board, school district, governing board of a charter school, or charter
772     school may impose administrative penalties in accordance with Section 53A-11-911 on a
773     school-age minor who violates this part.
774          [(3) (a) It is unlawful for a school-age minor to engage in disruptive student behavior.]
775          [(b) A qualifying minor is subject to the jurisdiction of the juvenile court if the
776     qualifying minor:]
777          [(i) engages in disruptive student behavior, that does not result in suspension or
778     expulsion, at least six times during the school year;]
779          [(ii) (A) engages in disruptive student behavior, that does not result in suspension or
780     expulsion, at least three times during the school year; and]
781          [(B) engages in disruptive student behavior, that results in suspension or expulsion, at
782     least once during the school year; or]
783          [(iii) engages in disruptive student behavior, that results in suspension or expulsion, at
784     least twice during the school year.]
785          [(4)] (3) (a) A local school board or governing board of a charter school shall:
786          (i) authorize a school administrator or a designee of a school administrator to issue
787     notices of disruptive student behavior to qualifying minors; and
788          (ii) establish a procedure for a qualifying minor, or a qualifying minor's parent, to
789     contest a notice of disruptive student behavior.
790          (b) A school representative shall provide to a parent of a school-age minor, a list of
791     resources available to assist the parent in resolving the school-age minor's disruptive student
792     behavior problem.
793          (c) A local school board or governing board of a charter school shall establish
794     procedures for a school counselor or other designated school representative to work with a
795     qualifying minor who engages in disruptive student behavior in order to attempt to resolve the
796     minor's disruptive student behavior problems [before the qualifying minor becomes subject to
797     the jurisdiction of the juvenile court as provided for under this section].
798          [(5)] (4) The notice of disruptive student behavior described in Subsection [(4)] (3)(a):
799          (a) shall be issued to a qualifying minor who:
800          (i) engages in disruptive student behavior, that does not result in suspension or

801     expulsion, three times during the school year; or
802          (ii) engages in disruptive student behavior, that results in suspension or expulsion, once
803     during the school year;
804          (b) shall require that the qualifying minor and a parent of the qualifying minor:
805          (i) meet with school authorities to discuss the qualifying minor's disruptive student
806     behavior; and
807          (ii) cooperate with the local school board or governing board of a charter school in
808     correcting the school-age minor's disruptive student behavior; and
809          [(c) shall contain a statement indicating:]
810          [(i) the number of additional times that, if the qualifying minor engages in disruptive
811     student behavior that does not result in suspension or expulsion, will result in the qualifying
812     minor receiving a habitual disruptive student behavior citation; and]
813          [(ii) that the qualifying minor will receive a habitual disruptive student behavior
814     citation if the qualifying minor engages in disruptive student behavior that results in suspension
815     or expulsion; and]
816          [(d)] (c) shall be mailed by certified mail to, or served on, a parent of the qualifying
817     minor.
818          [(6)] (5) A habitual disruptive student behavior [citation] notice:
819          (a) may only be issued to a qualifying minor who:
820          (i) engages in disruptive student behavior, that does not result in suspension or
821     expulsion, at least six times during the school year;
822          (ii) (A) engages in disruptive student behavior, that does not result in suspension or
823     expulsion, at least three times during the school year; and
824          (B) engages in disruptive student behavior, that results in suspension or expulsion, at
825     least once during the school year; or
826          (iii) engages in disruptive student behavior, that results in suspension or expulsion, at
827     least twice during the school year; and
828          (b) may only be issued by a school administrator, a designee of a school administrator,
829     or a truancy specialist, who is authorized by a local school board or governing board of a local
830     charter school to issue a habitual disruptive student behavior [citations] notice.
831          [(7)] (6) (a) A qualifying minor to whom a habitual disruptive student behavior

832     [citation] notice is issued under Subsection [(6) shall] (5) may not be referred to the juvenile
833     court [for violation of Subsection (3)].
834          (b) Within five days after the day on which a habitual disruptive student behavior
835     [citation] notice is issued, a representative of the school district or charter school shall provide
836     documentation, to a parent of the qualifying minor who receives the [citation] notice, of the
837     efforts made by a school counselor or representative under Subsection [(4)] (3)(c).
838          [(8) Nothing in this part prohibits a local school board, school district, governing board
839     of a charter school, or charter school from taking any lawful action not in conflict with the
840     provisions of this section, including action described in this part and action relating to a
841     habitually truant or ungovernable child, to address a disruptive student behavior problem of:]
842          [(a) a school-age minor who is not a qualifying minor; or]
843          [(b) a qualifying minor, regardless of the number of times that the qualifying minor has
844     engaged in disruptive student behavior during the school year.]
845          Section 14. Section 53A-11-911 is enacted to read:
846          53A-11-911. Responses to school-based behavior.
847          (1) As used in this section:
848          (a) "Class A misdemeanor person offense" means a class A misdemeanor described in
849     Title 76, Chapter 5, Offenses Against the Person, or Title 76, Chapter 5b, Sexual Exploitation
850     Act.
851          (b) "Mobile crisis outreach team" means the same as that term is defined in Section
852     78A-6-105.
853          (c) "Nonperson class A misdemeanor" means a class A misdemeanor that is not a class
854     A misdemeanor person offense.
855          (d) "Restorative justice program" means a school-based program that is designed to
856     enhance school safety, reduce school suspensions, and limit referrals to court, and is designed
857     to help minors take responsibility for and repair the harm of behavior that occurs in school.
858          (2) This section applies to a minor enrolled in school who is alleged to have committed
859     an offense:
860          (a) on school property; or
861          (b) that is truancy.
862          (3) If the alleged offense is a class C misdemeanor, an infraction, a status offense on

863     school property, or truancy, the minor may not be referred to law enforcement or court but may
864     be referred to alternative school-related interventions, including:
865          (a) a mobile crisis outreach team, as defined in Section 78A-6-105;
866          (b) a receiving center operated by the Division of Juvenile Justice Services in
867     accordance with Section 62A-7-104; and
868          (c) a youth court or comparable restorative justice program.
869          (4) If the alleged offense is a class B misdemeanor or a nonperson class A
870     misdemeanor, the minor may be referred directly to the juvenile court by the school
871     administrator or the school administrator's designee, or the minor may be referred to the
872     alternative interventions in Subsection (3).
873          Section 15. Section 53A-11-1302 is amended to read:
874          53A-11-1302. Reporting of prohibited acts affecting a school -- Confidentiality.
875          (1) A person who has reasonable cause to believe that an individual has committed a
876     prohibited act shall, in accordance with Section 53A-11-911, immediately notify:
877          [(a) the nearest law enforcement agency;]
878          [(b)] (a) the principal;
879          [(c)] (b) an administrator of the affected school;
880          [(d)] (c) the superintendent of the affected school district; or
881          [(e)] (d) an administrator of the affected school district.
882          (2) If notice is given to a school official, the official may authorize an investigation
883     into allegations involving school property, students, or school district employees.
884          (3) [School officials] A school official may only refer a complaint of an alleged
885     prohibited act reported as occurring on school grounds or in connection with school-sponsored
886     activities to an appropriate law enforcement agency[. Referrals shall be made by school
887     officials if the complaint alleges the prohibited act occurred elsewhere] in accordance with
888     Section 53A-11-911.
889          (4) The identity of persons making reports pursuant to this section shall be kept
890     confidential.
891          Section 16. Section 53A-11-1604 is amended to read:
892          53A-11-1604. Contracts between an LEA and law enforcement for school
893     resource officer services -- Requirements.

894          (1) An LEA may contract with a law enforcement agency or an individual to provide
895     school resource officer services at the LEA if the LEA's governing authority reviews and
896     approves the contract.
897          (2) If an LEA contracts with a law enforcement agency or an individual to provide
898     SRO services at the LEA, the LEA's governing authority shall require in the contract:
899          (a) an acknowledgment by the law enforcement agency or the individual that an SRO
900     hired under the contract shall:
901          (i) provide for and maintain a safe, healthy, and productive learning environment in a
902     school;
903          (ii) act as a positive role model to students;
904          (iii) work to create a cooperative, proactive, and problem-solving partnership between
905     law enforcement and the LEA;
906          (iv) emphasize the use of restorative approaches to address negative behavior; and
907          (v) at the request of the LEA, teach a vocational law enforcement class;
908          (b) a description of the shared understanding of the LEA and the law enforcement
909     agency or individual regarding the roles and responsibilities of law enforcement and the LEA
910     to:
911          (i) maintain safe schools;
912          (ii) improve school climate; and
913          (iii) support educational opportunities for students;
914          (c) a designation of student offenses that the SRO shall confer with the LEA to resolve,
915     including an offense that:
916          (i) is a minor violation of the law; and
917          (ii) would not violate the law if the offense was committed by an adult;
918          (d) a designation of student offenses that are administrative issues that an SRO shall
919     refer to a school administrator for resolution in accordance with Section 53A-11-911;
920          (e) a detailed description of the rights of a student under state and federal law with
921     regard to:
922          (i) searches;
923          (ii) questioning; and
924          (iii) information privacy;

925          (f) a detailed description of:
926          (i) job duties;
927          (ii) training requirements; and
928          (iii) other expectations of the SRO and school administration in relation to law
929     enforcement at the LEA;
930          (g) that an SRO who is hired under the contract and the principal at the school where
931     an SRO will be working, or the principal's designee, will jointly complete the SRO training
932     described in Section 53A-11-1603; and
933          (h) if the contract is between an LEA and a law enforcement agency, that:
934          (i) both parties agree to jointly discuss SRO applicants; and
935          (ii) the law enforcement agency will accept feedback from an LEA about an SRO's
936     performance.
937          Section 17. Section 58-37-8 is amended to read:
938          58-37-8. Prohibited acts -- Penalties.
939          (1) Prohibited acts A -- Penalties and reporting:
940          (a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
941     intentionally:
942          (i) produce, manufacture, or dispense, or to possess with intent to produce,
943     manufacture, or dispense, a controlled or counterfeit substance;
944          (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
945     arrange to distribute a controlled or counterfeit substance;
946          (iii) possess a controlled or counterfeit substance with intent to distribute; or
947          (iv) engage in a continuing criminal enterprise where:
948          (A) the person participates, directs, or engages in conduct that results in any violation
949     of any provision of Title 58, Chapters 37, Utah Controlled Substances Act, 37a, Utah Drug
950     Paraphernalia Act, 37b, Imitation Controlled Substances Act, 37c, Utah Controlled Substance
951     Precursor Act, or 37d, Clandestine Drug Lab Act, that is a felony; and
952          (B) the violation is a part of a continuing series of two or more violations of Title 58,
953     Chapters 37, Utah Controlled Substances Act, 37a, Utah Drug Paraphernalia Act, 37b,
954     Imitation Controlled Substances Act, 37c, Utah Controlled Substance Precursor Act, or 37d,
955     Clandestine Drug Lab Act, on separate occasions that are undertaken in concert with five or

956     more persons with respect to whom the person occupies a position of organizer, supervisor, or
957     any other position of management.
958          (b) Any person convicted of violating Subsection (1)(a) with respect to:
959          (i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
960     substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
961     degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
962     subsequent conviction is guilty of a first degree felony;
963          (ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
964     marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree felony, and
965     upon a second or subsequent conviction is guilty of a second degree felony; or
966          (iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
967     class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
968     felony.
969          (c) Any person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii)
970     may be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier
971     of fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on [his]
972     the person or in [his] the person's immediate possession during the commission or in
973     furtherance of the offense, the court shall additionally sentence the person convicted for a term
974     of one year to run consecutively and not concurrently; and the court may additionally sentence
975     the person convicted for an indeterminate term not to exceed five years to run consecutively
976     and not concurrently.
977          (d) Any person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
978     felony punishable by imprisonment for an indeterminate term of not less than seven years and
979     which may be for life. Imposition or execution of the sentence may not be suspended, and the
980     person is not eligible for probation.
981          (e) The Administrative Office of the Courts shall report to the Division of
982     Occupational and Professional Licensing the name, case number, date of conviction, and if
983     known, the date of birth of each person convicted of violating Subsection (2)(a).
984          (2) Prohibited acts B -- Penalties and reporting:
985          (a) It is unlawful:
986          (i) for any person knowingly and intentionally to possess or use a controlled substance

987     analog or a controlled substance, unless it was obtained under a valid prescription or order,
988     directly from a practitioner while acting in the course of the person's professional practice, or as
989     otherwise authorized by this chapter;
990          (ii) for any owner, tenant, licensee, or person in control of any building, room,
991     tenement, vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to
992     be occupied by persons unlawfully possessing, using, or distributing controlled substances in
993     any of those locations; or
994          (iii) for any person knowingly and intentionally to possess an altered or forged
995     prescription or written order for a controlled substance.
996          (b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
997          (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
998     or
999          (ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
1000     of a class A misdemeanor on a first or second conviction, and on a third or subsequent
1001     conviction is guilty of a third degree felony.
1002          (c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
1003     conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
1004     penalty than provided in this Subsection (2).
1005          (d) Any person who violates Subsection (2)(a)(i) with respect to all other controlled
1006     substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
1007     58-37-4.2, or marijuana, is guilty of a class B misdemeanor. Upon a third conviction the
1008     person is guilty of a class A misdemeanor, and upon a fourth or subsequent conviction the
1009     person is guilty of a third degree felony.
1010          (e) Any person convicted of violating Subsection (2)(a)(i) while inside the exterior
1011     boundaries of property occupied by any correctional facility as defined in Section 64-13-1 or
1012     any public jail or other place of confinement shall be sentenced to a penalty one degree greater
1013     than provided in Subsection (2)(b), and if the conviction is with respect to controlled
1014     substances as listed in:
1015          (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
1016     indeterminate term as provided by law, and:
1017          (A) the court shall additionally sentence the person convicted to a term of one year to

1018     run consecutively and not concurrently; and
1019          (B) the court may additionally sentence the person convicted for an indeterminate term
1020     not to exceed five years to run consecutively and not concurrently; and
1021          (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
1022     indeterminate term as provided by law, and the court shall additionally sentence the person
1023     convicted to a term of six months to run consecutively and not concurrently.
1024          (f) Any person convicted of violating Subsection (2)(a)(ii) or(iii) is:
1025          (i) on a first conviction, guilty of a class B misdemeanor;
1026          (ii) on a second conviction, guilty of a class A misdemeanor; and
1027          (iii) on a third or subsequent conviction, guilty of a third degree felony.
1028          (g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
1029     amounting to a violation of Section 76-5-207:
1030          (i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person's
1031     body any measurable amount of a controlled substance; and
1032          (ii) operates a motor vehicle as defined in Section 76-5-207 in a negligent manner,
1033     causing serious bodily injury as defined in Section 76-1-601 or the death of another.
1034          (h) A person who violates Subsection (2)(g) by having in the person's body:
1035          (i) a controlled substance classified under Schedule I, other than those described in
1036     Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
1037     degree felony;
1038          (ii) marijuana, tetrahydrocannabinols, or equivalents described in Subsection
1039     58-37-4(2)(a)(iii)(S) or (AA), or a substance listed in Section 58-37-4.2 is guilty of a third
1040     degree felony; or
1041          (iii) any controlled substance classified under Schedules III, IV, or V is guilty of a class
1042     A misdemeanor.
1043          (i) A person is guilty of a separate offense for each victim suffering serious bodily
1044     injury or death as a result of the person's negligent driving in violation of Subsection
1045     [58-37-8](2)(g) whether or not the injuries arise from the same episode of driving.
1046          (j) The Administrative Office of the Courts shall report to the Division of Occupational
1047     and Professional Licensing the name, case number, date of conviction, and if known, the date
1048     of birth of each person convicted of violating Subsection (2)(a).

1049          (3) Prohibited acts C -- Penalties:
1050          (a) It is unlawful for any person knowingly and intentionally:
1051          (i) to use in the course of the manufacture or distribution of a controlled substance a
1052     license number which is fictitious, revoked, suspended, or issued to another person or, for the
1053     purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
1054     manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
1055     person;
1056          (ii) to acquire or obtain possession of, to procure or attempt to procure the
1057     administration of, to obtain a prescription for, to prescribe or dispense to any person known to
1058     be attempting to acquire or obtain possession of, or to procure the administration of any
1059     controlled substance by misrepresentation or failure by the person to disclose receiving any
1060     controlled substance from another source, fraud, forgery, deception, subterfuge, alteration of a
1061     prescription or written order for a controlled substance, or the use of a false name or address;
1062          (iii) to make any false or forged prescription or written order for a controlled substance,
1063     or to utter the same, or to alter any prescription or written order issued or written under the
1064     terms of this chapter; or
1065          (iv) to make, distribute, or possess any punch, die, plate, stone, or other thing designed
1066     to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
1067     device of another or any likeness of any of the foregoing upon any drug or container or labeling
1068     so as to render any drug a counterfeit controlled substance.
1069          (b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
1070     misdemeanor.
1071          (ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
1072     degree felony.
1073          (c) A violation of Subsection (3)(a)(iv) is a third degree felony.
1074          (4) Prohibited acts D -- Penalties:
1075          (a) Notwithstanding other provisions of this section, a person not authorized under this
1076     chapter who commits any act that is unlawful under Subsection (1)(a), Section 58-37a-5, or
1077     Section 58-37b-4 is upon conviction subject to the penalties and classifications under this
1078     Subsection (4) if the trier of fact finds the act is committed:
1079          (i) in a public or private elementary or secondary school or on the grounds of any of

1080     those schools during the hours of 6 a.m. through 10 p.m.;
1081          (ii) in a public or private vocational school or postsecondary institution or on the
1082     grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
1083          (iii) in or on the grounds of a preschool or child-care facility during the preschool's or
1084     facility's hours of operation;
1085          (iv) in a public park, amusement park, arcade, or recreation center when the public or
1086     amusement park, arcade, or recreation center is open to the public;
1087          (v) in or on the grounds of a house of worship as defined in Section 76-10-501;
1088          (vi) in or on the grounds of a library when the library is open to the public;
1089          (vii) within any area that is within 100 feet of any structure, facility, or grounds
1090     included in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
1091          (viii) in the presence of a person younger than 18 years of age, regardless of where the
1092     act occurs; or
1093          (ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
1094     distribution of a substance in violation of this section to an inmate or on the grounds of any
1095     correctional facility as defined in Section 76-8-311.3.
1096          (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
1097     and shall be imprisoned for a term of not less than five years if the penalty that would
1098     otherwise have been established but for this Subsection (4) would have been a first degree
1099     felony.
1100          (ii) Imposition or execution of the sentence may not be suspended, and the person is
1101     not eligible for probation.
1102          (c) If the classification that would otherwise have been established would have been
1103     less than a first degree felony but for this Subsection (4), a person convicted under this
1104     Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
1105     offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
1106          (d) (i) If the violation is of Subsection (4)(a)(ix):
1107          (A) the person may be sentenced to imprisonment for an indeterminate term as
1108     provided by law, and the court shall additionally sentence the person convicted for a term of
1109     one year to run consecutively and not concurrently; and
1110          (B) the court may additionally sentence the person convicted for an indeterminate term

1111     not to exceed five years to run consecutively and not concurrently; and
1112          (ii) the penalties under this Subsection (4)(d) apply also to any person who, acting with
1113     the mental state required for the commission of an offense, directly or indirectly solicits,
1114     requests, commands, coerces, encourages, or intentionally aids another person to commit a
1115     violation of Subsection (4)(a)(ix).
1116          (e) It is not a defense to a prosecution under this Subsection (4) that the actor
1117     mistakenly believed the individual to be 18 years of age or older at the time of the offense or
1118     was unaware of the individual's true age; nor that the actor mistakenly believed that the
1119     location where the act occurred was not as described in Subsection (4)(a) or was unaware that
1120     the location where the act occurred was as described in Subsection (4)(a).
1121          (5) Any violation of this chapter for which no penalty is specified is a class B
1122     misdemeanor.
1123          (6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
1124     guilty or no contest to a violation or attempted violation of this section or a plea which is held
1125     in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
1126     even if the charge has been subsequently reduced or dismissed in accordance with the plea in
1127     abeyance agreement.
1128          (b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
1129     conviction that is:
1130          (i) from a separate criminal episode than the current charge; and
1131          (ii) from a conviction that is separate from any other conviction used to enhance the
1132     current charge.
1133          (7) A person may be charged and sentenced for a violation of this section,
1134     notwithstanding a charge and sentence for a violation of any other section of this chapter.
1135          (8) (a) Any penalty imposed for violation of this section is in addition to, and not in
1136     lieu of, any civil or administrative penalty or sanction authorized by law.
1137          (b) Where violation of this chapter violates a federal law or the law of another state,
1138     conviction or acquittal under federal law or the law of another state for the same act is a bar to
1139     prosecution in this state.
1140          (9) In any prosecution for a violation of this chapter, evidence or proof that shows a
1141     person or persons produced, manufactured, possessed, distributed, or dispensed a controlled

1142     substance or substances, is prima facie evidence that the person or persons did so with
1143     knowledge of the character of the substance or substances.
1144          (10) This section does not prohibit a veterinarian, in good faith and in the course of the
1145     veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
1146     administering controlled substances or from causing the substances to be administered by an
1147     assistant or orderly under the veterinarian's direction and supervision.
1148          (11) Civil or criminal liability may not be imposed under this section on:
1149          (a) any person registered under this chapter who manufactures, distributes, or possesses
1150     an imitation controlled substance for use as a placebo or investigational new drug by a
1151     registered practitioner in the ordinary course of professional practice or research; or
1152          (b) any law enforcement officer acting in the course and legitimate scope of the
1153     officer's employment.
1154          (12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
1155     as defined in Subsection 58-37-2(1)(v), who uses, possesses, or transports peyote for bona fide
1156     traditional ceremonial purposes in connection with the practice of a traditional Indian religion
1157     as defined in Subsection 58-37-2(1)(w).
1158          (b) In a prosecution alleging violation of this section regarding peyote as defined in
1159     Subsection 58-37-4(2)(a)(iii)(V), it is an affirmative defense that the peyote was used,
1160     possessed, or transported by an Indian for bona fide traditional ceremonial purposes in
1161     connection with the practice of a traditional Indian religion.
1162          (c) (i) The defendant shall provide written notice of intent to claim an affirmative
1163     defense under this Subsection (12) as soon as practicable, but not later than 10 days [prior to]
1164     before trial.
1165          (ii) The notice shall include the specific claims of the affirmative defense.
1166          (iii) The court may waive the notice requirement in the interest of justice for good
1167     cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
1168          (d) The defendant shall establish the affirmative defense under this Subsection (12) by
1169     a preponderance of the evidence. If the defense is established, it is a complete defense to the
1170     charges.
1171          (13) (a) It is an affirmative defense that the person produced, possessed, or
1172     administered a controlled substance listed in Section 58-37-4.2 if the person:

1173          (i) was engaged in medical research; and
1174          (ii) was a holder of a valid license to possess controlled substances under Section
1175     58-37-6.
1176          (b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
1177     a controlled substance listed in Section 58-37-4.2.
1178          (14) It is an affirmative defense that the person possessed, in the person's body, a
1179     controlled substance listed in Section 58-37-4.2 if:
1180          (a) the person was the subject of medical research conducted by a holder of a valid
1181     license to possess controlled substances under Section 58-37-6; and
1182          (b) the substance was administered to the person by the medical researcher.
1183          (15) The application of any increase in penalty under this section to a violation of
1184     Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
1185     Subsection (15) takes precedence over any conflicting provision of this section.
1186          (16) (a) It is an affirmative defense to an allegation of the commission of an offense
1187     listed in Subsection (16)(b) that the person:
1188          (i) reasonably believes that the person or another person is experiencing an overdose
1189     event due to the ingestion, injection, inhalation, or other introduction into the human body of a
1190     controlled substance or other substance;
1191          (ii) reports in good faith the overdose event to a medical provider, an emergency
1192     medical service provider as defined in Section 26-8a-102, a law enforcement officer, a 911
1193     emergency call system, or an emergency dispatch system, or the person is the subject of a
1194     report made under this Subsection (16);
1195          (iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
1196     actual location of the overdose event that facilitates responding to the person experiencing the
1197     overdose event;
1198          (iv) remains at the location of the person experiencing the overdose event until a
1199     responding law enforcement officer or emergency medical service provider arrives, or remains
1200     at the medical care facility where the person experiencing an overdose event is located until a
1201     responding law enforcement officer arrives;
1202          (v) cooperates with the responding medical provider, emergency medical service
1203     provider, and law enforcement officer, including providing information regarding the person

1204     experiencing the overdose event and any substances the person may have injected, inhaled, or
1205     otherwise introduced into the person's body; and
1206          (vi) is alleged to have committed the offense in the same course of events from which
1207     the reported overdose arose.
1208          (b) The offenses referred to in Subsection (16)(a) are:
1209          (i) the possession or use of less than 16 ounces of marijuana;
1210          (ii) the possession or use of a scheduled or listed controlled substance other than
1211     marijuana; and
1212          (iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
1213     Imitation Controlled Substances Act.
1214          (c) As used in this Subsection (16) and in Section 76-3-203.11, "good faith" does not
1215     include seeking medical assistance under this section during the course of a law enforcement
1216     agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
1217          (17) If any provision of this chapter, or the application of any provision to any person
1218     or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
1219     invalid provision or application.
1220          (18) A legislative body of a political subdivision may not enact an ordinance that is
1221     less restrictive than any provision of this chapter.
1222          (19) [(a)] If a minor who is under 18 years of age is found by a court to have violated
1223     this section [and the violation is the minor's first violation of this section], the court may order:
1224          [(i) order] (a) the minor to complete a screening as defined in Section 41-6a-501;
1225          [(ii) order] (b) the minor to complete an assessment as defined in Section 41-6a-501 if
1226     the screening indicates an assessment to be appropriate; and
1227          [(iii) order] (c) the minor to complete an educational series as defined in Section
1228     41-6a-501 or substance [abuse] use disorder treatment as indicated by an assessment.
1229          [(b) If a minor who is under 18 years of age is found by a court to have violated this
1230     section and the violation is the minor's second or subsequent violation of this section, the court
1231     shall:]
1232          [(i) order the minor to complete a screening as defined in Section 41-6a-501;]
1233          [(ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
1234     screening indicates an assessment to be appropriate; and]

1235          [(iii) order the minor to complete an educational series as defined in Section 41-6a-501
1236     or substance abuse treatment as indicated by an assessment.]
1237          Section 18. Section 58-37a-7 is amended to read:
1238          58-37a-7. Sentencing requirements for minors.
1239          [(1)] If a minor who is under 18 years of age is found by a court to have violated this
1240     chapter [and the violation is the minor's first violation of this chapter], the court may order the
1241     minor to complete:
1242          [(a) order the minor to complete] (1) a screening as defined in Section 41-6a-501;
1243          [(b) order the minor to complete] (2) an assessment as defined in Section 41-6a-501 if
1244     the screening indicates an assessment to be appropriate; and
1245          [(c) order the minor to complete] (3) an educational series as defined in Section
1246     41-6a-501 or substance [abuse] use disorder treatment as indicated by an assessment.
1247          [(2) If a minor who is under 18 years of age is found by a court to have violated this
1248     chapter and the violation is the minor's second or subsequent violation of this chapter, the court
1249     shall:]
1250          [(a) order the minor to complete a screening as defined in Section 41-6a-501;]
1251          [(b) order the minor to complete an assessment as defined in Section 41-6a-501 if the
1252     screening indicates an assessment to be appropriate; and]
1253          [(c) order the minor to complete an educational series as defined in Section 41-6a-501
1254     or substance abuse treatment as indicated by an assessment.]
1255          Section 19. Section 58-37b-9 is amended to read:
1256          58-37b-9. Sentencing requirements for minors.
1257          [(1)] If a minor who is under 18 years of age is found by a court to have violated this
1258     chapter [and the violation is the minor's first violation of this chapter], the court may order the
1259     minor to complete:
1260          [(a) order the minor to complete] (1) a screening as defined in Section 41-6a-501;
1261          [(b) order the minor to complete] (2) an assessment as defined in Section 41-6a-501 if
1262     the screening indicates an assessment to be appropriate; and
1263          [(c) order the minor to complete] (3) an educational series as defined in Section
1264     41-6a-501 or substance [abuse] use disorder treatment as indicated by an assessment.
1265          [(2) If a minor is found by a court to have violated this chapter and the violation is the

1266     minor's second or subsequent violation of this chapter, the court shall:]
1267          [(a) order the minor to complete a screening as defined in Section 41-6a-501;]
1268          [(b) order the minor to complete an assessment as defined in Section 41-6a-501 if the
1269     screening indicates an assessment to be appropriate; and]
1270          [(c) order the minor to complete an educational series as defined in Section 41-6a-501
1271     or substance abuse treatment as indicated by an assessment.]
1272          Section 20. Section 62A-1-111.5 is enacted to read:
1273          62A-1-111.5. Duties of the department for fiscal year 2018.
1274          Notwithstanding Section 63J-1-206, for fiscal year 2018 only, the department may
1275     transfer money between appropriation line items to allocate resources between the Division of
1276     Juvenile Justice Services, the Division of Child and Family Services, and the Division of
1277     Substance Abuse and Mental Health to facilitate the department's implementation of this bill.
1278          Section 21. Section 62A-4a-105 is amended to read:
1279          62A-4a-105. Division responsibilities.
1280          (1) The division shall:
1281          (a) administer services to minors and families, including:
1282          (i) child welfare services;
1283          (ii) domestic violence services; and
1284          (iii) all other responsibilities that the Legislature or the executive director may assign
1285     to the division;
1286          (b) provide the following services:
1287          (i) financial and other assistance to an individual adopting a child with special needs
1288     under Part 9, Adoption Assistance, not to exceed the amount the division would provide for the
1289     child as a legal ward of the state;
1290          (ii) non-custodial and in-home services, including:
1291          (A) services designed to prevent family break-up; and
1292          (B) family preservation services;
1293          (iii) reunification services to families whose children are in substitute care in
1294     accordance with the requirements of this chapter and Title 78A, Chapter 6, Juvenile Court Act;
1295          (iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
1296     or neglect of a child in that family;

1297          (v) shelter care in accordance with the requirements of this chapter and Title 78A,
1298     Chapter 6, Juvenile Court Act;
1299          (vi) domestic violence services, in accordance with the requirements of federal law;
1300          (vii) protective services to victims of domestic violence, as defined in Section 77-36-1,
1301     and their children, in accordance with the provisions of this chapter and Title 78A, Chapter 6,
1302     Part 3, Abuse, Neglect, and Dependency Proceedings;
1303          (viii) substitute care for dependent, abused, neglected, and delinquent children;
1304          [(ix) programs and services for minors who have been placed in the custody of the
1305     division for reasons other than abuse or neglect, under Section 62A-4a-250;]
1306          [(x)] (ix) services for minors who are victims of human trafficking or human
1307     smuggling as described in Sections 76-5-308 through 76-5-310 or who have engaged in
1308     prostitution or sexual solicitation as defined in Section 76-10-1302; and
1309          [(xi)] (x) training for staff and providers involved in the administration and delivery of
1310     services offered by the division in accordance with this chapter;
1311          (c) establish standards for all:
1312          (i) contract providers of out-of-home care for minors and families;
1313          (ii) facilities that provide substitute care for dependent, abused, neglected, and
1314     delinquent children placed in the custody of the division; and
1315          (iii) direct or contract providers of domestic violence services described in Subsection
1316     (1)(b)(vi);
1317          (d) have authority to:
1318          (i) contract with a private, nonprofit organization to recruit and train foster care
1319     families and child welfare volunteers in accordance with Section 62A-4a-107.5; and
1320          (ii) approve facilities that meet the standards established under Subsection (1)(c) to
1321     provide substitute care for dependent, abused, neglected, and delinquent children placed in the
1322     custody of the division;
1323          (e) cooperate with the federal government in the administration of child welfare and
1324     domestic violence programs and other human service activities assigned by the department;
1325          (f) in accordance with Subsection (2)(a), promote and enforce state and federal laws
1326     enacted for the protection of abused, neglected, dependent, delinquent, ungovernable, and
1327     runaway children, and status offenders, in accordance with the requirements of this chapter,

1328     unless administration is expressly vested in another division or department of the state;
1329          (g) cooperate with the Workforce Development Division in the Department of
1330     Workforce Services in meeting the social and economic needs of an individual who is eligible
1331     for public assistance;
1332           (h) compile relevant information, statistics, and reports on child and family service
1333     matters in the state;
1334          (i) prepare and submit to the department, the governor, and the Legislature reports of
1335     the operation and administration of the division in accordance with the requirements of
1336     Sections 62A-4a-117 and 62A-4a-118;
1337          (j) provide social studies and reports for the juvenile court in accordance with Section
1338     78A-6-605;
1339          (k) within appropriations from the Legislature, provide or contract for a variety of
1340     domestic violence services and treatment methods;
1341          (l) ensure regular, periodic publication, including electronic publication, regarding the
1342     number of children in the custody of the division who:
1343          (i) have a permanency goal of adoption; or
1344          (ii) have a final plan of termination of parental rights, pursuant to Section 78A-6-314,
1345     and promote adoption of those children;
1346          (m) subject to Subsection (2)(b), refer an individual receiving services from the
1347     division to the local substance abuse authority or other private or public resource for a
1348     court-ordered drug screening test; and
1349          (n) perform other duties and functions required by law.
1350          (2) (a) In carrying out the requirements of Subsection (1)(f), the division shall:
1351          (i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and
1352     with all public and private licensed child welfare agencies and institutions, to develop and
1353     administer a broad range of services and support;
1354          (ii) take the initiative in all matters involving the protection of abused or neglected
1355     children, if adequate provisions have not been made or are not likely to be made; and
1356          (iii) make expenditures necessary for the care and protection of the children described
1357     in this Subsection (2)(a), within the division's budget.
1358          (b) When an individual is referred to a local substance abuse authority or other private

1359     or public resource for court-ordered drug screening under Subsection (1)(n), the court shall
1360     order the individual to pay all costs of the tests unless:
1361          (i) the cost of the drug screening is specifically funded or provided for by other federal
1362     or state programs;
1363          (ii) the individual is a participant in a drug court; or
1364          (iii) the court finds that the individual is impecunious.
1365          (3) Except to the extent provided by rule, the division is not responsible for
1366     investigating domestic violence in the presence of a child, as described in Section 76-5-109.1.
1367          (4) The division may not require a parent who has a child in the custody of the division
1368     to pay for some or all of the cost of any drug testing the parent is required to undergo.
1369          Section 22. Section 62A-4a-201 is amended to read:
1370          62A-4a-201. Rights of parents -- Children's rights -- Interest and responsibility of
1371     state.
1372          (1) (a) Under both the United States Constitution and the constitution of this state, a
1373     parent possesses a fundamental liberty interest in the care, custody, and management of the
1374     parent's children. A fundamentally fair process must be provided to parents if the state moves
1375     to challenge or interfere with parental rights. A governmental entity must support any actions
1376     or allegations made in opposition to the rights and desires of a parent regarding the parent's
1377     children by sufficient evidence to satisfy a parent's constitutional entitlement to heightened
1378     protection against government interference with the parent's fundamental rights and liberty
1379     interests and, concomitantly, the right of the child to be reared by the child's natural parent.
1380          (b) The fundamental liberty interest of a parent concerning the care, custody, and
1381     management of the parent's children is recognized, protected, and does not cease to exist
1382     simply because a parent may fail to be a model parent or because the parent's child is placed in
1383     the temporary custody of the state. At all times, a parent retains a vital interest in preventing
1384     the irretrievable destruction of family life. Prior to an adjudication of unfitness, government
1385     action in relation to parents and their children may not exceed the least restrictive means or
1386     alternatives available to accomplish a compelling state interest. Until the state proves parental
1387     unfitness, and the child suffers, or is substantially likely to suffer, serious detriment as a result,
1388     the child and the child's parents share a vital interest in preventing erroneous termination of
1389     their natural relationship and the state cannot presume that a child and the child's parents are

1390     adversaries.
1391          (c) It is in the best interest and welfare of a child to be raised under the care and
1392     supervision of the child's natural parents. A child's need for a normal family life in a
1393     permanent home, and for positive, nurturing family relationships is usually best met by the
1394     child's natural parents. Additionally, the integrity of the family unit and the right of parents to
1395     conceive and raise their children are constitutionally protected. The right of a fit, competent
1396     parent to raise the parent's child without undue government interference is a fundamental
1397     liberty interest that has long been protected by the laws and Constitution and is a fundamental
1398     public policy of this state.
1399          (d) The state recognizes that:
1400          (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
1401     train, educate, provide and care for, and reasonably discipline the parent's children; and
1402          (ii) the state's role is secondary and supportive to the primary role of a parent.
1403          (e) It is the public policy of this state that parents retain the fundamental right and duty
1404     to exercise primary control over the care, supervision, upbringing, and education of their
1405     children.
1406          (f) Subsections (2) through (7) shall be interpreted and applied consistent with this
1407     Subsection (1).
1408          (2) It is also the public policy of this state that children have the right to protection
1409     from abuse and neglect, and that the state retains a compelling interest in investigating,
1410     prosecuting, and punishing abuse and neglect, as defined in this chapter, and in Title 78A,
1411     Chapter 6, Juvenile Court Act [of 1996]. Therefore, the state, as parens patriae, has an interest
1412     in and responsibility to protect children whose parents abuse them or do not adequately provide
1413     for their welfare. There may be circumstances where a parent's conduct or condition is a
1414     substantial departure from the norm and the parent is unable or unwilling to render safe and
1415     proper parental care and protection. Under those circumstances, the state may take action for
1416     the welfare and protection of the parent's children.
1417          (3) When the division intervenes on behalf of an abused, neglected, or dependent child,
1418     it shall take into account the child's need for protection from immediate harm and the extent to
1419     which the child's extended family may provide needed protection. Throughout its involvement,
1420     the division shall utilize the least intrusive and least restrictive means available to protect a

1421     child, in an effort to ensure that children are brought up in stable, permanent families, rather
1422     than in temporary foster placements under the supervision of the state.
1423          (4) When circumstances within the family pose a threat to the child's immediate safety
1424     or welfare, the division may seek custody of the child for a planned, temporary period and
1425     place the child in a safe environment, subject to the requirements of this section and in
1426     accordance with the requirements of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
1427     Dependency Proceedings, and:
1428          (a) when safe and appropriate, return the child to the child's parent; or
1429          (b) as a last resort, pursue another permanency plan.
1430          (5) In determining and making "reasonable efforts" with regard to a child, pursuant to
1431     the provisions of Section 62A-4a-203, both the division's and the court's paramount concern
1432     shall be the child's health, safety, and welfare. The desires of a parent for the parent's child,
1433     and the constitutionally protected rights of a parent, as described in this section, shall be given
1434     full and serious consideration by the division and the court.
1435          (6) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
1436     abuse, or severe neglect are established, the state has no duty to make "reasonable efforts" or
1437     to, in any other way, attempt to maintain a child in the child's home, provide reunification
1438     services, or to attempt to rehabilitate the offending parent or parents. This Subsection (6) does
1439     not exempt the division from providing court-ordered services.
1440          (7) (a) In accordance with Subsection (1), the division shall strive to achieve
1441     appropriate permanency for children who are abused, neglected, or dependent. The division
1442     shall provide in-home services, where appropriate and safe, in an effort to help a parent to
1443     correct the behavior that resulted in abuse, neglect, or dependency of the parent's child. The
1444     division may pursue a foster placement only if in-home services fail or are otherwise
1445     insufficient or inappropriate, kinship placement is not safe or appropriate, or in-home services
1446     and kinship placement fail and cannot be corrected. The division shall also seek qualified
1447     extended family support or a kinship placement to maintain a sense of security and stability for
1448     the child.
1449          (b) If the use or continuation of "reasonable efforts," as described in Subsections (5)
1450     and (6), is determined to be inconsistent with the permanency plan for a child, then measures
1451     shall be taken, in a timely manner, to place the child in accordance with the permanency plan,

1452     and to complete whatever steps are necessary to finalize the permanent placement of the child.
1453          (c) Subject to the parental rights recognized and protected under this section, if,
1454     because of a parent's conduct or condition, the parent is determined to be unfit or incompetent
1455     based on the grounds for termination of parental rights described in Title 78A, Chapter 6, Part
1456     5, Termination of Parental Rights Act, the continuing welfare and best interest of the child is of
1457     paramount importance, and shall be protected in determining whether that parent's rights
1458     should be terminated.
1459          (8) The state's right to direct or intervene in the provision of medical or mental health
1460     care for a child is subject to Subsections 78A-6-105[(27)](35)(d) and 78A-6-117(2)[(n)] and
1461     Section 78A-6-301.5.
1462          Section 23. Section 62A-4a-202 is amended to read:
1463          62A-4a-202. In-home services for the preservation of families.
1464          (1) (a) Within appropriations from the Legislature and money obtained under
1465     Subsection (5), the division shall provide in-home services for the purpose of family
1466     preservation to any family with a child whose health and safety is not immediately endangered,
1467     when:
1468          (i) (A) the child is at risk of being removed from the home; or
1469          (B) the family is in crisis; and
1470          (ii) the division determines that it is reasonable and appropriate.
1471          (b) In determining whether in-home services are reasonable and appropriate, in keeping
1472     with [the provisions of] Subsection 62A-4a-201(1), the child's health, safety, and welfare shall
1473     be the paramount concern.
1474          (c) The division shall consider whether the services described in Subsection (1)(b):
1475          (i) will be effective within a six-month period; and
1476          (ii) are likely to prevent continued abuse or neglect of the child.
1477          (2) (a) The division shall maintain a statewide inventory of in-home services available
1478     through public and private agencies or individuals for use by caseworkers.
1479          (b) The inventory described in Subsection (2)(a) shall include:
1480          (i) the method of accessing each service;
1481          (ii) eligibility requirements for each service;
1482          (iii) the geographic areas and the number of families that can be served by each

1483     service; and
1484          (iv) information regarding waiting lists for each service.
1485          (3) (a) As part of its in-home services for the preservation of families, the division shall
1486     provide in-home services in varying degrees of intensity and contact that are specific to the
1487     needs of each individual family.
1488          (b) As part of its in-home services, the division shall:
1489          (i) provide customized assistance;
1490          (ii) provide support or interventions that are tailored to the needs of the family;
1491          (iii) discuss the family's needs with the parent;
1492          (iv) discuss an assistance plan for the family with the parent; and
1493          (v) address:
1494          (A) the safety of children;
1495          (B) the needs of the family; and
1496          (C) services necessary to aid in the preservation of the family and a child's ability to
1497     remain in the home.
1498          (c) In-home services shall be, as practicable, provided within the region that the family
1499     resides, using existing division staff.
1500          (4) (a) The division may use specially trained caseworkers, private providers, or other
1501     persons to provide the in-home services described in Subsection (3).
1502          (b) The division shall allow a caseworker to be flexible in responding to the needs of
1503     each individual family, including:
1504          (i) limiting the number of families assigned; and
1505          (ii) being available to respond to assigned families within 24 hours.
1506          (5) To provide, expand, and improve the delivery of in-home services to prevent the
1507     removal of children from their homes and promote the preservation of families, the division
1508     shall make substantial effort to obtain funding, including:
1509          (a) federal grants;
1510          (b) federal waivers; and
1511          (c) private money.
1512          (6) The division shall provide in-home family services pursuant to an order under
1513     Section 78A-6-117.5.

1514          Section 24. Section 62A-4a-208 is amended to read:
1515          62A-4a-208. Child protection ombudsman -- Responsibility -- Authority.
1516          (1) As used in this section:
1517          (a) "Complainant" means a person who initiates a complaint with the ombudsman.
1518          (b) "Ombudsman" means the child protection ombudsman appointed pursuant to this
1519     section.
1520          (2) (a) There is created within the department the position of child protection
1521     ombudsman. The ombudsman shall be appointed by and serve at the pleasure of the executive
1522     director.
1523          (b) The ombudsman shall be:
1524          (i) an individual of recognized executive and administrative capacity;
1525          (ii) selected solely with regard to qualifications and fitness to discharge the duties of
1526     ombudsman; and
1527          (iii) have experience in child welfare, and in state laws and policies governing abused,
1528     neglected, and dependent children.
1529          (c) The ombudsman shall devote full time to the duties of office.
1530          (3) (a) Except as provided in Subsection (3)(b), the ombudsman shall, upon receipt of a
1531     complaint from any person, investigate whether an act or omission of the division with respect
1532     to a particular child:
1533          (i) is contrary to statute, rule, or policy;
1534          (ii) places a child's health or safety at risk;
1535          (iii) is made without an adequate statement of reason; or
1536          (iv) is based on irrelevant, immaterial, or erroneous grounds.
1537          (b) The ombudsman may decline to investigate any complaint. If the ombudsman
1538     declines to investigate a complaint or continue an investigation, the ombudsman shall notify
1539     the complainant and the division of the decision and of the reasons for that decision.
1540          (c) The ombudsman may conduct an investigation on the ombudsman's own initiative.
1541          (4) The ombudsman shall:
1542          (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1543     make rules that govern the following:
1544          (i) receiving and processing complaints;

1545          (ii) notifying complainants and the division regarding a decision to investigate or to
1546     decline to investigate a complaint;
1547          (iii) prioritizing workload;
1548          (iv) maximum time within which investigations shall be completed;
1549          (v) conducting investigations;
1550          (vi) notifying complainants and the division regarding the results of investigations; and
1551          (vii) making recommendations based on the findings and results of recommendations;
1552          (b) report findings and recommendations in writing to the complainant and the
1553     division, in accordance with the provisions of this section;
1554          (c) within appropriations from the Legislature, employ staff as may be necessary to
1555     carry out the ombudsman's duties under this part;
1556          (d) provide information regarding the role, duties, and functions of the ombudsman to
1557     public agencies, private entities, and individuals;
1558          (e) annually report to the:
1559          (i) Child Welfare Legislative Oversight Panel;
1560          (ii) governor;
1561          (iii) Division of Child and Family Services;
1562          (iv) executive director of the department; and
1563          (v) director of the division; and
1564          (f) as appropriate, make recommendations to the division regarding individual cases,
1565     and the rules, policies, and operations of the division.
1566          (5) (a) Upon rendering a decision to investigate a complaint, the ombudsman shall
1567     notify the complainant and the division of that decision.
1568          (b) The ombudsman may advise a complainant to pursue all administrative remedies or
1569     channels of complaint before pursuing a complaint with the ombudsman. Subsequent to
1570     processing a complaint, the ombudsman may conduct further investigations upon the request of
1571     the complainant or upon the ombudsman's own initiative. Nothing in this subsection precludes
1572     a complainant from making a complaint directly to the ombudsman before pursuing an
1573     administrative remedy.
1574          (c) If the ombudsman finds that an individual's act or omission violates state or federal
1575     criminal law, the ombudsman shall immediately report that finding to the appropriate county or

1576     district attorney or to the attorney general.
1577          (d) The ombudsman shall immediately notify the division if the ombudsman finds that
1578     a child needs protective custody[, as that term is defined in Section 78A-6-105].
1579          (e) The ombudsman shall immediately comply with Part 4, Child Abuse or Neglect
1580     Reporting Requirements.
1581          (6) (a) All records of the ombudsman regarding individual cases shall be classified in
1582     accordance with federal law and the provisions of Title 63G, Chapter 2, Government Records
1583     Access and Management Act. The ombudsman may make public a report prepared pursuant to
1584     this section in accordance with the provisions of Title 63G, Chapter 2, Government Records
1585     Access and Management Act.
1586          (b) The ombudsman shall have access to all of the department's written and electronic
1587     records and databases, including those regarding individual cases. In accordance with Title
1588     63G, Chapter 2, Government Records Access and Management Act, all documents and
1589     information received by the ombudsman shall maintain the same classification that was
1590     designated by the department.
1591          (7) (a) The ombudsman shall prepare a written report of the findings and
1592     recommendations, if any, of each investigation.
1593          (b) The ombudsman shall make recommendations to the division if the ombudsman
1594     finds that:
1595          (i) a matter should be further considered by the division;
1596          (ii) an administrative act should be addressed, modified, or canceled;
1597          (iii) action should be taken by the division with regard to one of its employees; or
1598          (iv) any other action should be taken by the division.
1599          Section 25. Section 62A-4a-250 is amended to read:
1600          62A-4a-250. Attorney general responsibility.
1601          [(1) On or before July 1, 1998, the division shall have established programs designed
1602     to meet the needs of minors who have not been adjudicated as abused or neglected, but who are
1603     otherwise committed to the custody of the division by the juvenile court pursuant to Section
1604     78A-6-117, and who are classified in the division's management information system as having
1605     been placed in custody primarily on the basis of delinquent behavior or a status offense.]
1606          [(2) (a) The processes and procedures designed to meet the needs of children who are

1607     abused or neglected, described in Part 2, Child Welfare Services, and in Title 78A, Chapter 6,
1608     Part 3, Abuse, Neglect, and Dependency Proceedings, are not applicable to the minors
1609     described in Subsection (1).]
1610          [(b) The procedures described in Subsection 78A-6-118(2)(a) are applicable to the
1611     minors described in Subsection (1).]
1612          [(3) As of July 1, 1998, the]
1613          The attorney general's office has the responsibility to represent the division with regard
1614     to actions involving minors [described in Subsection (1)] ordered to complete in-home family
1615     services under Section 78A-6-117.5. Nothing in this section may be construed to affect the
1616     responsibility of the county attorney or district attorney to represent the state in those matters,
1617     in accordance with Section 78A-6-115.
1618          Section 26. Section 62A-7-101 is amended to read:
1619          62A-7-101. Definitions.
1620          As used in this chapter:
1621          (1) "Authority" means the Youth Parole Authority, established in accordance with
1622     Section 62A-7-501.
1623          (2) "Board" means the Board of Juvenile Justice Services established in accordance
1624     with Section 62A-1-105.
1625          (3) "Community-based program" means a nonsecure residential or nonresidential
1626     program designated to supervise and rehabilitate youth offenders in accordance with
1627     Subsection 78A-6-117(2) that prioritizes the least restrictive nonresidential setting, consistent
1628     with public safety, and designated or operated by or under contract with the division.
1629          (4) "Control" means the authority to detain, restrict, and supervise a youth in a manner
1630     consistent with public safety and the well being of the youth and division employees.
1631          (5) "Court" means the juvenile court.
1632          (6) "Delinquent act" is an act which would constitute a felony or a misdemeanor if
1633     committed by an adult.
1634          (7) "Detention" means secure detention or home detention.
1635          (8) "Detention center" means a facility established in accordance with Title 62A,
1636     Chapter 7, Part 2, Detention Facilities.
1637          (9) "Director" means the director of the Division of Juvenile Justice Services.

1638          (10) "Discharge" means a written order of the Youth Parole Authority that removes a
1639     youth offender from its jurisdiction.
1640          (11) "Division" means the Division of Juvenile Justice Services.
1641          (12) "Home detention" means predispositional placement of a child in the child's home
1642     or a surrogate home with the consent of the child's parent, guardian, or custodian for conduct
1643     by a child who is alleged to have committed a delinquent act or postdispositional placement
1644     pursuant to Subsection 78A-6-117(2)(f) or 78A-6-1101(3).
1645          (13) "Observation and assessment program" means a nonresidential service program
1646     operated or purchased by the division[,] that is responsible [for temporary custody of youth
1647     offenders for observation] only for diagnostic assessment of minors, including for substance
1648     use disorder, mental health, psychological, and sexual behavior risk assessments.
1649          (14) "Parole" means a conditional release of a youth offender from residency in a
1650     secure facility to live outside that facility under the supervision of the Division of Juvenile
1651     Justice Services or other person designated by the division.
1652          (15) "Performance-based contracting" means a system of contracting with service
1653     providers for the provision of residential or nonresidential services that:
1654          (a) provides incentives for the implementation of evidence-based juvenile justice
1655     programs or programs rated as effective for reducing recidivism by a standardized tool pursuant
1656     to Section 63M-7-208; and
1657          (b) provides a premium rate allocation for a minor who receives the evidence-based
1658     dosage of treatment and successfully completes the program within three months.
1659          [(15)] (16) "Receiving center" means a nonsecure, nonresidential program established
1660     by the division or under contract with the division that is responsible for juveniles taken into
1661     custody by a law enforcement officer for status offenses, infractions, or delinquent acts[, but
1662     who do not meet the criteria for admission to secure detention or shelter].
1663          [(16)] (17) "Rescission" means a written order of the Youth Parole Authority that
1664     rescinds a parole date.
1665          [(17)] (18) "Revocation of parole" means a written order of the Youth Parole Authority
1666     that terminates parole supervision of a youth offender and directs return of the youth offender
1667     to the custody of a secure facility [because of a violation of the conditions of parole] after a
1668     hearing and a determination that there has been a violation of law or of a condition of parole

1669     that warrants a return to a secure facility in accordance with Section 62A-7-504.
1670          [(18)] (19) "Runaway" means a youth who willfully leaves the residence of a parent or
1671     guardian without the permission of the parent or guardian.
1672          [(19)] (20) "Secure detention" means predisposition placement in a facility operated by
1673     or under contract with the division, for conduct by a child who is alleged to have committed a
1674     delinquent act.
1675          [(20)] (21) "Secure facility" means any facility operated by or under contract with the
1676     division, that provides 24-hour supervision and confinement for youth offenders committed to
1677     the division for custody and rehabilitation.
1678          [(21)] (22) "Shelter" means the temporary care of children in physically unrestricted
1679     facilities pending court disposition or transfer to another jurisdiction.
1680          [(22)] (23) (a) "Temporary custody" means control and responsibility of
1681     nonadjudicated youth until the youth can be released to the parent, guardian, a responsible
1682     adult, or to an appropriate agency.
1683          (b) "Temporary custody" does not include a placement in a secure facility, including
1684     secure detention, or a residential community-based program operated or contracted by the
1685     division, except pursuant to Subsection 78A-6-117(2).
1686          [(23)] (24) "Termination" means a written order of the Youth Parole Authority that
1687     terminates a youth offender from parole.
1688          [(24)] (25) "Ungovernable" means a youth in conflict with a parent or guardian, and the
1689     conflict:
1690          (a) results in behavior that is beyond the control or ability of the youth, or the parent or
1691     guardian, to manage effectively;
1692          (b) poses a threat to the safety or well-being of the youth, the family, or others; or
1693          (c) results in the situations in both Subsections [(24)] (25)(a) and (b).
1694          [(25)] (26) "Work program" means a nonresidential public or private service work
1695     project established and administered by the division for youth offenders for the purpose of
1696     rehabilitation, education, and restitution to victims.
1697          [(26)] (27) "Youth offender" means a person 12 years of age or older, and who has not
1698     reached 21 years of age, committed or admitted by the juvenile court to the custody, care, and
1699     jurisdiction of the division, for confinement in a secure facility or supervision in the

1700     community, following adjudication for a delinquent act which would constitute a felony or
1701     misdemeanor if committed by an adult in accordance with Section 78A-6-117.
1702          [(27)] (28) (a) "Youth services" means services provided in an effort to resolve family
1703     conflict:
1704          (i) for families in crisis when a minor is ungovernable or runaway; or
1705          (ii) involving a minor and the minor's parent or guardian.
1706          (b) These services include efforts to:
1707          (i) resolve family conflict;
1708          (ii) maintain or reunite minors with their families; and
1709          (iii) divert minors from entering or escalating in the juvenile justice system[;].
1710          (c) The services may provide:
1711          (i) crisis intervention;
1712          (ii) short-term shelter;
1713          (iii) time out placement; and
1714          (iv) family counseling.
1715          Section 27. Section 62A-7-104 is amended to read:
1716          62A-7-104. Division responsibilities.
1717          (1) The division is responsible for all youth offenders committed to [it] the division by
1718     juvenile courts for secure confinement or supervision and treatment in the community in
1719     accordance with Section 78A-6-117.
1720          (2) The division shall:
1721          (a) establish and administer a continuum of community, secure, and nonsecure
1722     programs for all youth offenders committed to the division;
1723          (b) establish and maintain all detention and secure facilities and set minimum standards
1724     for those facilities;
1725          (c) establish and operate prevention and early intervention youth services programs for
1726     nonadjudicated youth placed with the division; and
1727          (d) establish observation and assessment programs necessary to serve youth offenders
1728     [committed by the juvenile court for short-term observation under Subsection 78A-6-117(2)(e),
1729     and whenever possible, conduct the programs in settings separate and distinct from secure
1730     facilities for youth offenders] in a nonresidential setting under Subsection 78A-6-117(2)(e).

1731          (3) The division shall place youth offenders committed to it in the most appropriate
1732     program for supervision and treatment.
1733          (4) In any order committing a youth offender to the division, the juvenile court shall
1734     [specify] find whether the youth offender is being committed for secure confinement under
1735     Subsection 78A-6-117(2)(c), or placement in a community-based program[.] under Subsection
1736     78A-6-117(2)(c), and specify the criteria under Subsection 78A-6-117(2)(c) or (d) underlying
1737     the commitment. The division shall place the youth offender in the most appropriate program
1738     within the category specified by the court.
1739          (5) The division shall employ staff necessary to:
1740          (a) supervise and control youth offenders in secure facilities or in the community;
1741          (b) supervise and coordinate treatment of youth offenders committed to the division for
1742     placement in community-based programs; and
1743          (c) control and supervise adjudicated and nonadjudicated youth placed with the
1744     division for temporary services in receiving centers, youth services, and other programs
1745     established by the division.
1746          (6) (a) Youth in the custody or temporary custody of the division are controlled or
1747     detained in a manner consistent with public safety and rules [promulgated] made by the
1748     division. In the event of an unauthorized leave from a secure facility, detention center,
1749     community-based program, receiving center, home, or any other designated placement,
1750     division employees have the authority and duty to locate and apprehend the youth, or to initiate
1751     action with local law enforcement agencies for assistance.
1752          (b) A rule made by the division under this Subsection (6) may not permit secure
1753     detention based solely on the existence of multiple status offenses, misdemeanors, or
1754     infractions alleged in the same criminal episode.
1755          (7) The division shall establish and operate compensatory-service work programs for
1756     youth offenders committed to the division by the juvenile court. The compensatory-service
1757     work program may not be residential and shall:
1758          (a) provide labor to help in the operation, repair, and maintenance of public facilities,
1759     parks, highways, and other programs designated by the division;
1760          (b) provide educational and prevocational programs in cooperation with the State
1761     Board of Education for youth offenders placed in the program; and

1762          (c) provide counseling to youth offenders.
1763          (8) The division shall establish minimum standards for the operation of all private
1764     residential and nonresidential rehabilitation facilities [which] that provide services to juveniles
1765     who have committed a delinquent act[,] or infraction in this state or in any other state.
1766          (9) In accordance with policies established by the board, the division shall provide
1767     regular training for staff of secure facilities, detention staff, case management staff, and staff of
1768     the community-based programs.
1769          (10) (a) The division is authorized to employ special function officers, as defined in
1770     Section 53-13-105, to locate and apprehend minors who have absconded from division
1771     custody, transport minors taken into custody pursuant to division policy, investigate cases, and
1772     carry out other duties as assigned by the division.
1773          (b) Special function officers may be employed through contract with the Department of
1774     Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
1775          (11) The division shall designate employees to obtain the saliva DNA specimens
1776     required under Section 53-10-403. The division shall ensure that the designated employees
1777     receive appropriate training and that the specimens are obtained in accordance with accepted
1778     protocol.
1779          (12) The division shall register with the Department of Corrections any person who:
1780          (a) has been adjudicated delinquent based on an offense listed in Subsection
1781     77-41-102(17)(a);
1782          (b) has been committed to the division for secure confinement; and
1783          (c) remains in the division's custody 30 days [prior to] before the person's 21st
1784     birthday.
1785          (13) The division shall ensure that a program delivered to a youth offender under this
1786     section is evidence based in accordance with Section 63M-7-208.
1787          Section 28. Section 62A-7-107.5 is amended to read:
1788          62A-7-107.5. Contracts with private providers.
1789          (1) This chapter does not prohibit the division from contracting with private providers
1790     or other agencies for the construction, operation, and maintenance of juvenile facilities or the
1791     provision of care, treatment, and supervision of youth offenders who have been committed to
1792     the care of the division.

1793          (2) All programs for the care, treatment, and supervision of youth offenders committed
1794     to the division shall be licensed in compliance with division standards within six months after
1795     commencing operation.
1796          (3) A contract for the care, treatment, and supervision of a youth offender committed to
1797     the division shall be executed in accordance with the performance-based contracting system
1798     developed under Section 63M-7-208.
1799          Section 29. Section 62A-7-109.5 is amended to read:
1800          62A-7-109.5. Restitution by youth offender.
1801          (1) The division shall make reasonable efforts to ensure that restitution is made to the
1802     victim of a youth offender. Restitution shall be made through the employment of youth
1803     offenders in work programs. However, reimbursement to the victim of a youth offender is
1804     conditional upon that youth offender's involvement in the work program.
1805          (2) Restitution ordered by the court may be made a condition of release, placement, or
1806     parole by the division. [In the event of parole revocation or, where there is no court order
1807     requiring restitution to the victim and the loss to the victim has been determined, the division
1808     shall evaluate whether restitution is appropriate and, if so, the amount or type of restitution to
1809     which the victim is entitled.]
1810          (3) The division shall notify the juvenile court of all restitution paid to victims through
1811     the employment of youth offenders in work programs.
1812          Section 30. Section 62A-7-201 is amended to read:
1813          62A-7-201. Confinement -- Facilities -- Restrictions.
1814          (1) Children under 18 years of age, who are apprehended by any officer or brought
1815     before any court for examination under any provision of state law, may not be confined in jails,
1816     lockups, or cells used for persons 18 years of age or older who are charged with crime, or in
1817     secure postadjudication correctional facilities operated by the division, except as provided in
1818     Subsection (2), other specific statute, or in conformance with standards approved by the board.
1819          (2) (a) Children charged with crimes under Section 78A-6-701, as a serious youth
1820     offender under Section 78A-6-702 and bound over to the jurisdiction of the district court, or
1821     certified to stand trial as an adult pursuant to Section 78A-6-703, if detained, shall be detained
1822     as provided in these sections.
1823          (b) Children detained in adult facilities under Section 78A-6-702 or 78A-6-703 [prior

1824     to] before a hearing before a magistrate, or under Subsection 78A-6-113(3), may only be held
1825     in certified juvenile detention accommodations in accordance with rules [promulgated] made
1826     by the [division] Commission on Criminal and Juvenile Justice. Those rules shall include
1827     standards for acceptable sight and sound separation from adult inmates. The [division]
1828     Commission on Criminal and Juvenile Justice certifies facilities that are in compliance with the
1829     [division's] Commission on Criminal and Juvenile Justice's standards. [The provisions of this]
1830     This Subsection (2)(b) [do] does not apply to juveniles held in an adult detention facility in
1831     accordance with Subsection (2)(a).
1832          (3) In areas of low density population, the [division] Commission on Criminal and
1833     Juvenile Justice may, by rule, approve juvenile holding accommodations within adult facilities
1834     that have acceptable sight and sound separation. Those facilities shall be used only for
1835     short-term holding purposes, with a maximum confinement of six hours, for children alleged to
1836     have committed an act which would be a criminal offense if committed by an adult.
1837     Acceptable short-term holding purposes are: identification, notification of juvenile court
1838     officials, processing, and allowance of adequate time for evaluation of needs and circumstances
1839     regarding release or transfer to a shelter or detention facility. [The provisions of this] This
1840     Subsection (3) [do] does not apply to juveniles held in an adult detention facility in accordance
1841     with Subsection (2)(a).
1842          (4) Children who are alleged to have committed an act [which] that would be a
1843     criminal offense if committed by an adult, may be detained in holding rooms in local law
1844     enforcement agency facilities for a maximum of two hours, for identification or interrogation,
1845     or while awaiting release to a parent or other responsible adult. Those rooms shall be certified
1846     by the [division] Commission on Criminal and Juvenile Justice, according to the [division's]
1847     the Commission on Criminal and Juvenile Justice's rules. Those rules shall include provisions
1848     for constant supervision and for sight and sound separation from adult inmates.
1849          (5) Willful failure to comply with [any of the provisions of] this section is a class B
1850     misdemeanor.
1851          (6) (a) The division is responsible for the custody and detention of children under 18
1852     years of age who require detention care [prior to] before trial or examination, or while awaiting
1853     assignment to a home or facility, as a dispositional placement under Subsection
1854     78A-6-117(2)(f)(i) [or 78A-6-1101(3)(a)], and of youth offenders under Subsection

1855     62A-7-504[(8). The provisions of this](9). This Subsection (6)(a) [do] does not apply to
1856     juveniles held in an adult detention facility in accordance with Subsection (2)(a).
1857          (b) (i) The [division] Commission on Criminal and Juvenile Justice shall provide
1858     standards for custody or detention under Subsections (2)(b), (3), and (4)[, and].
1859          (ii) The division shall determine and set standards for conditions of care and
1860     confinement of children in detention facilities.
1861          (c) All other custody or detention shall be provided by the division, or by contract with
1862     a public or private agency willing to undertake temporary custody or detention upon agreed
1863     terms, or in suitable premises distinct and separate from the general jails, lockups, or cells used
1864     in law enforcement and corrections systems. [The provisions of this] This Subsection (6)(c)
1865     [do] does not apply to juveniles held in an adult detention facility in accordance with
1866     Subsection (2)(a).
1867          Section 31. Section 62A-7-202 is amended to read:
1868          62A-7-202. Location of detention facilities and services.
1869          (1) The division shall provide detention facilities and services in each county, or group
1870     of counties, as the population demands, in accordance with [the provisions of] this chapter.
1871          (2) The division[, through its detention centers,] is responsible for development,
1872     implementation, and administration of home detention services available in every judicial
1873     district, and shall establish criteria for placement on home detention.
1874          (3) (a) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
1875     Administrative Rulemaking Act, establishing standards for admission to secure detention and
1876     home detention programs.
1877          (b) The rules made under this Subsection (3) shall prioritize use of home detention for
1878     a minor who might otherwise be held in secure detention.
1879          (4) The division shall provide training regarding implementation of the rules to law
1880     enforcement agencies, division employees, juvenile court employees, and other affected
1881     agencies and individuals upon their request.
1882          Section 32. Section 62A-7-404 is amended to read:
1883          62A-7-404. Commitment -- Termination and review.
1884          (1) A youth offender who has been committed to a secure facility shall remain until the
1885     offender reaches the age of 21, is paroled, or is discharged.

1886          (2) A youth offender who has been committed to a secure facility shall appear before
1887     the authority within [90] 45 days after commitment[,] for review of treatment plans and
1888     establishment of parole release guidelines.
1889          (3) (a) For a youth offender committed to a secure facility, except a youth offender
1890     excluded under Subsection (5), the authority shall set a presumptive term of commitment that
1891     does not exceed three to six months.
1892          (b) The authority shall release the minor onto parole at the end of the presumptive term
1893     of commitment unless at least one the following circumstances exists:
1894          (i) termination would interrupt the completion of a necessary treatment program; or
1895          (ii) the youth commits a new misdemeanor or felony offense.
1896          (c) Completion of a program under Subsection (3)(b)(i) shall be determined by a
1897     minor's consistent attendance and completing the goals of the necessary treatment program as
1898     determined by the Youth Parole Authority after consideration of the recommendations of a
1899     licensed service provider.
1900          (d) The authority may extend the length of commitment and delay parole release for the
1901     time needed to address the specific circumstance only if one of the circumstances under
1902     Subsection (3)(b) exists.
1903          (e) The length of the extension and the grounds for the extension shall be recorded and
1904     reported annually to the Commission on Criminal and Juvenile Justice.
1905          (4) (a) For a youth offender committed to a secure facility, except a youth offender
1906     excluded under Subsection (5), the authority shall set a presumptive term of parole supervision
1907     that does not exceed three to four months.
1908          (b) A minor whom the authority determines is unable to return home immediately upon
1909     release may serve the term of parole in the home of a qualifying relative or guardian, or at an
1910     independent living program contracted or operated by the division.
1911          (c) The authority shall release the minor from parole and terminate jurisdiction at the
1912     end of the presumptive term of parole unless at least one the following circumstances exists:
1913          (i) termination would interrupt the completion of a necessary treatment program;
1914          (ii) the youth commits a new misdemeanor or felony offense; or
1915          (iii) service hours have not been completed.
1916          (d) Completion of a program under Subsection (4)(c) shall be determined by a minor's

1917     consistent attendance and completing the goals of the necessary treatment program as
1918     determined by the Youth Parole Authority after consideration of the recommendations of a
1919     licensed service provider.
1920          (e) If one of the circumstances under Subsection (4)(c) exists, the authority may delay
1921     parole release only for the time needed to address the specific circumstance.
1922          (f) Grounds for extension of the presumptive length of parole and the length of the
1923     extension shall be recorded and reported annually to the Commission on Criminal and Juvenile
1924     Justice.
1925          (g) In the event of an unauthorized leave lasting more than 24 hours, the term of parole
1926     shall toll until the minor returns.
1927          (5) Subsections (3) and (4) do not apply to a youth offender committed to a secure
1928     facility for:
1929          (a) Section 76-5-202, attempted aggravated murder;
1930          (b) Section 76-5-203, murder or attempted murder;
1931          (c) Section 76-5-405, aggravated sexual assault;
1932          (d) a felony violation of:
1933          (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
1934          (ii) Section 76-5-302, aggravated kidnapping; or
1935          (iii) Section 76-6-103, aggravated arson;
1936          (e) Section 76-6-203, aggravated burglary;
1937          (f) Section 76-6-302, aggravated robbery;
1938          (g) Section 76-10-508.1, felony discharge of a firearm; or
1939          (h) an offense other than those listed in Subsections (5)(a) through (g) involving the
1940     use of a dangerous weapon that would be a felony if committed by an adult, and the minor has
1941     been previously adjudicated or convicted of an offense involving the use of a dangerous
1942     weapon that also would have been a felony if committed by an adult.
1943          (6) (a) The division may continue to have responsibility for any minor discharged
1944     under this section from parole until 21 years of age for the purposes of specific educational or
1945     rehabilitative programs, under conditions agreed upon by both the division and the minor and
1946     terminable by either.
1947          (b) The division shall offer the educational or rehabilitative program before the minor's

1948     discharge date as provided in this section.
1949          (c) Notwithstanding Subsection (6)(b), a minor may request and the division shall
1950     consider any such request for the services described in this section, for up to 90 days after the
1951     minor's effective date of discharge, even when the minor has previously declined services or
1952     services were terminated for noncompliance, and may reach an agreement with the minor,
1953     terminable by either, to provide the services described in this section until the minor attains the
1954     age of 21.
1955          Section 33. Section 62A-7-501 is amended to read:
1956          62A-7-501. Youth Parole Authority -- Expenses -- Responsibilities -- Procedures.
1957          (1) There is created within the division a Youth Parole Authority.
1958          (2) (a) The authority is composed of 10 part-time members and five pro tempore
1959     members who are residents of this state. No more than three pro tempore members may serve
1960     on the authority at any one time.
1961          (b) Throughout this section, the term "member" refers to both part-time and pro
1962     tempore members of the Youth Parole Authority.
1963          (3) (a) Except as required by Subsection (3)(b), members shall be appointed to
1964     four-year terms by the governor with the consent of the Senate.
1965          (b) The governor shall, at the time of appointment or reappointment, adjust the length
1966     of terms to ensure that the terms of authority members are staggered so that approximately half
1967     of the authority is appointed every two years.
1968          (4) Each member shall have training or experience in social work, law, juvenile or
1969     criminal justice, or related behavioral sciences.
1970          (5) When a vacancy occurs in the membership for any reason, the replacement member
1971     shall be appointed for the unexpired term.
1972          (6) During the tenure of [his] the member's appointment, a member may not:
1973          (a) be an employee of the department, other than in [his] the member's capacity as a
1974     member of the authority;
1975          (b) hold any public office;
1976          (c) hold any position in the state's juvenile justice system; or
1977          (d) be an employee, officer, advisor, policy board member, or subcontractor of any
1978     juvenile justice agency or its contractor.

1979          (7) In extraordinary circumstances or when a regular member is absent or otherwise
1980     unavailable, the chair may assign a pro tempore member to act in the absent member's place.
1981          (8) A member may not receive compensation or benefits for the member's service, but
1982     may receive per diem and travel expenses in accordance with:
1983          (a) Section 63A-3-106;
1984          (b) Section 63A-3-107; and
1985          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1986     63A-3-107.
1987          (9) The authority shall determine appropriate parole dates for youth offenders, based on
1988     guidelines established by the board and in accordance with Section 62A-7-404. The board
1989     shall review and update policy guidelines annually.
1990          (10) Youth offenders may be paroled to their own homes, [to a residential
1991     community-based program, to a nonresidential community-based treatment program] to an
1992     independent living program contracted or operated by the division, to an approved independent
1993     living setting, or to other appropriate residences of qualifying relatives or guardians, but shall
1994     remain on parole until parole is terminated by the authority in accordance with Section
1995     62A-7-404.
1996          (11) The division's case management staff shall implement parole release plans and
1997     shall supervise youth offenders while on parole.
1998          (12) The division shall permit the authority to have reasonable access to youth
1999     offenders in secure facilities and shall furnish all pertinent data requested by the authority in
2000     matters of parole, revocation, and termination.
2001          Section 34. Section 62A-7-504 is amended to read:
2002          62A-7-504. Parole revocation -- Hearing -- Procedures.
2003          (1) The authority may revoke the parole of a youth offender only after a hearing and
2004     upon determination that there has been a violation of law or of a condition of parole by the
2005     youth offender [which] that warrants [his] the youth offender's return to a secure facility. The
2006     parole revocation hearing shall be held at a secure facility.
2007          (2) Before returning a youth offender to a secure facility for a parole revocation or
2008     rescission hearing, the division shall provide a prerevocation or prerescission hearing within
2009     the vicinity of the alleged violation, to determine whether there is probable cause to believe

2010     that the youth offender violated the conditions of [his] the youth offender's parole. Upon a
2011     finding of probable cause, the youth offender may be remanded to a secure facility, pending a
2012     revocation hearing.
2013          (3) The authority shall only proceed with the parole revocation or rescission process in
2014     accordance with the system of appropriate responses developed pursuant to Section 78A-6-123
2015     on and after July 1, 2018.
2016          [(3)] (4) A paroled youth offender is entitled to legal representation at the parole
2017     revocation hearing, and if the youth offender or [his] the youth offender's family has requested
2018     but cannot afford legal representation, the authority shall appoint legal counsel.
2019          [(4)] (5) The authority and the administrative officer have power to issue subpoenas,
2020     compel attendance of witnesses, compel production of books, papers and other documents,
2021     administer oaths, and take testimony under oath for the purposes of conducting the hearings.
2022          [(5)] (6) (a) A youth offender shall receive timely advance notice of the date, time,
2023     place, and reason for the hearing, and has the right to appear at the hearing.
2024          (b) The authority shall provide the youth offender an opportunity to be heard, to
2025     present witnesses and evidence, and to confront and cross-examine adverse witnesses, unless
2026     there is good cause for disallowing that confrontation.
2027          [(6)] (7) Decisions in parole revocation or rescission hearings shall be reached by a
2028     majority vote of the present members of the authority.
2029          [(7)] (8) The administrative officer shall maintain summary records of all hearings and
2030     provide written notice to the youth offender of the decision and reason for the decision.
2031          [(8)] (9) (a) The authority may issue a warrant to order any peace officer or division
2032     employee to take into custody a youth offender alleged to be in violation of parole conditions in
2033     accordance with Section 78A-6-123 on and after July 1, 2018.
2034          (b) The division may issue a warrant to any peace officer or division employee to
2035     retake a youth offender who has escaped from a secure facility.
2036          (c) Based upon the warrant issued under this Subsection [(8)] (9), a youth offender may
2037     be held in a local detention facility for no longer than 48 hours, excluding weekends and legal
2038     holidays, to allow time for a prerevocation or prerecission hearing of the alleged parole
2039     violation, or in the case of an escapee, arrangement for transportation to the secure facility.
2040          Section 35. Section 62A-7-506 is amended to read:

2041          62A-7-506. Discharge of youth offender.
2042          (1) A youth offender may be discharged from the jurisdiction of the division at any
2043     time, by written order of the Youth Parole Authority, upon a finding that no further purpose
2044     would be served by secure confinement or supervision in a community setting.
2045          (2) Discharge of a youth offender shall be in accordance with policies approved by the
2046     board and Section 62A-7-404.
2047          (3) Discharge of a youth offender is a complete release of all penalties incurred by
2048     adjudication of the offense for which the youth offender was committed.
2049          Section 36. Section 62A-7-601 is amended to read:
2050          62A-7-601. Youth services for prevention and early intervention -- Program
2051     standards -- Program services.
2052          (1) The division shall establish and operate prevention and early intervention youth
2053     services programs.
2054          (2) The division shall adopt with the approval of the board statewide policies and
2055     procedures, including minimum standards for the organization and operation of youth services
2056     programs.
2057          (3) The division shall establish housing, programs, and procedures to ensure that youth
2058     who are receiving services under this section and who are not in the custody of the division are
2059     served separately from youth who are in custody of the division.
2060          (4) The division may enter into contracts with state and local governmental entities and
2061     private providers to provide the youth services.
2062          (5) The division shall establish and administer juvenile receiving centers and other
2063     programs to provide temporary custody, care, risk-needs assessments, evaluations, and control
2064     for nonadjudicated and adjudicated youth placed with the division.
2065          (6) The division shall prioritize use of evidence-based juvenile justice programs and
2066     practices.
2067          Section 37. Section 62A-7-701 is amended to read:
2068          62A-7-701. Community-based programs.
2069          (1) (a) The division shall operate residential and nonresidential community-based
2070     programs to provide care, treatment, and supervision [for paroled youth offenders and] for
2071     youth offenders committed to the division by juvenile courts.

2072          (b) The division shall operate or contract for nonresidential community-based
2073     programs and independent living programs to provide care, treatment, and supervision of
2074     paroled youth offenders.
2075          (2) The division shall adopt, with the approval of the board, minimum standards for the
2076     organization and operation of community-based corrections programs for youth offenders.
2077          (3) The division shall place youth offenders committed to it for community-based
2078     programs in the most appropriate program based upon the division's evaluation of the youth
2079     offender's needs and the division's available resources in accordance with Sections 62A-7-404
2080     and 78A-6-117.
2081          Section 38. Section 63I-2-262 is amended to read:
2082          63I-2-262. Repeal dates, Title 62A.
2083          Section 62A-1-111.5 is repealed July 1, 2018.
2084          Section 39. Section 63M-7-204 is amended to read:
2085          63M-7-204. Duties of commission.
2086          (1) The State Commission on Criminal and Juvenile Justice administration shall:
2087          [(1)] (a) promote the commission's purposes as enumerated in Section 63M-7-201;
2088          [(2)] (b) promote the communication and coordination of all criminal and juvenile
2089     justice agencies;
2090          [(3)] (c) study, evaluate, and report on the status of crime in the state and on the
2091     effectiveness of criminal justice policies, procedures, and programs that are directed toward the
2092     reduction of crime in the state;
2093          [(4)] (d) study, evaluate, and report on programs initiated by state and local agencies to
2094     address reducing recidivism, including changes in penalties and sentencing guidelines intended
2095     to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
2096     evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
2097     alternative to incarceration, as resources allow;
2098          [(5)] (e) study, evaluate, and report on policies, procedures, and programs of other
2099     jurisdictions which have effectively reduced crime;
2100          [(6)] (f) identify and promote the implementation of specific policies and programs the
2101     commission determines will significantly reduce crime in Utah;
2102          [(7)] (g) provide analysis and recommendations on all criminal and juvenile justice

2103     legislation, state budget, and facility requests, including program and fiscal impact on all
2104     components of the criminal and juvenile justice system;
2105          [(8)] (h) provide analysis, accountability, recommendations, and supervision for state
2106     and federal criminal justice grant money;
2107          [(9)] (i) provide public information on the criminal and juvenile justice system and
2108     give technical assistance to agencies or local units of government on methods to promote
2109     public awareness;
2110          [(10)] (j) promote research and program evaluation as an integral part of the criminal
2111     and juvenile justice system;
2112          [(11)] (k) provide a comprehensive criminal justice plan annually;
2113          [(12)] (l) review agency forecasts regarding future demands on the criminal and
2114     juvenile justice systems, including specific projections for secure bed space;
2115          [(13)] (m) promote the development of criminal and juvenile justice information
2116     systems that are consistent with common standards for data storage and are capable of
2117     appropriately sharing information with other criminal justice information systems by:
2118          [(a)] (i) developing and maintaining common data standards for use by all state
2119     criminal justice agencies;
2120          [(b)] (ii) annually performing audits of criminal history record information maintained
2121     by state criminal justice agencies to assess their accuracy, completeness, and adherence to
2122     standards;
2123          [(c)] (iii) defining and developing state and local programs and projects associated with
2124     the improvement of information management for law enforcement and the administration of
2125     justice; and
2126          [(d)] (iv) establishing general policies concerning criminal and juvenile justice
2127     information systems and making rules as necessary to carry out the duties under [this]
2128     Subsection [(13)] (1)(k) and this Subsection [(11)] (1)(m);
2129          [(14)] (n) allocate and administer grants, from money made available, for approved
2130     education programs to help prevent the sexual exploitation of children;
2131          [(15)] (o) allocate and administer grants funded from money from the Law
2132     Enforcement Operations Account created in Section 51-9-411 for law enforcement operations
2133     and programs related to reducing illegal drug activity and related criminal activity;

2134          [(16)] (p) request, receive, and evaluate data and recommendations collected and
2135     reported by agencies and contractors related to policies recommended by the commission
2136     regarding recidivism reduction; [and]
2137          [(17)] (q) establish and administer a performance incentive grant program that allocates
2138     funds appropriated by the Legislature to programs and practices implemented by counties that
2139     reduce recidivism and reduce the number of offenders per capita who are incarcerated[.];
2140          (r) oversee or designate an entity to oversee the implementation of juvenile justice
2141     reforms; and
2142          (s) make rules and administer the juvenile holding room standards and juvenile jail
2143     standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
2144     pursuant to 42 U.S.C. Sec. 5633.
2145          (2) If the commission designates an entity under Subsection (1)(r), the commission
2146     shall ensure that the membership of the entity includes representation from the three branches
2147     of government and, as determined by the commission, representation from relevant stakeholder
2148     groups across all parts of the juvenile justice system, including county representation.
2149          Section 40. Section 63M-7-208 is enacted to read:
2150          63M-7-208. Juvenile justice oversight -- Delegation -- Effective dates.
2151          (1) The Commission on Criminal and Juvenile Justice shall:
2152          (a) support implementation and expansion of evidence-based juvenile justice programs
2153     and practices, including assistance regarding implementation fidelity, quality assurance, and
2154     ongoing evaluation;
2155          (b) examine and make recommendations on the use of third-party entities or an
2156     intermediary organization to assist with implementation and to support the performance-based
2157     contracting system authorized in Subsection (1)(m);
2158          (c) oversee the development of performance measures to track juvenile justice reforms,
2159     and ensure early and ongoing stakeholder engagement in identifying the relevant performance
2160     measures;
2161          (d) evaluate currently collected data elements throughout the juvenile justice system
2162     and contract reporting requirements to streamline reporting, reduce redundancies, eliminate
2163     inefficiencies, and ensure a focus on recidivism reduction;
2164          (e) review averted costs from reductions in out-of-home placements for juvenile justice

2165     youth placed with the Division of Juvenile Justice Services and the Division of Child and
2166     Family Services, and make recommendations to prioritize the reinvestment and realignment of
2167     resources into community-based programs for youth living at home, including the following:
2168          (i) statewide expansion of:
2169          (A) receiving centers;
2170          (B) mobile crisis outreach teams, as defined in Section 78A-6-105;
2171          (C) youth courts; and
2172          (D) victim-offender mediation;
2173          (ii) statewide implementation of nonresidential diagnostic assessment;
2174          (iii) statewide availability of evidence-based programs and practices including
2175     cognitive behavioral and family therapy programs for minors assessed by a validated risk and
2176     needs assessment as moderate or high risk;
2177          (iv) implementation and infrastructure to support the sustainability and fidelity of
2178     evidence-based juvenile justice programs, including resources for staffing, transportation, and
2179     flexible funds; and
2180          (v) early intervention programs such as family strengthening programs, family
2181     wraparound services, and proven truancy interventions;
2182          (f) assist the Administrative Office of the Courts in the development of a statewide
2183     sliding scale for the assessment of fines, fees, and restitution, based on the ability of the minor's
2184     family to pay;
2185          (g) analyze the alignment of resources and the roles and responsibilities of agencies,
2186     such as the operation of early intervention services, receiving centers, and diversion, and make
2187     recommendations to reallocate functions as appropriate, in accordance with Section
2188     62A-7-601;
2189          (h) ensure that data reporting is expanded and routinely review data in additional areas,
2190     including:
2191          (i) referral and disposition data by judicial district;
2192          (ii) data on the length of time minors spend in the juvenile justice system, including the
2193     total time spent under court jurisdiction, on community supervision, and in each out-of-home
2194     placement;
2195          (iii) recidivism data for diversion types pursuant to Section 78A-6-602 and disposition

2196     types pursuant to Section 78A-6-117, including tracking minors into the adult corrections
2197     system;
2198          (iv) change in aggregate risk levels from the time minors receive services, are under
2199     supervision, and are in out-of-home placement; and
2200          (v) dosage of programming;
2201          (i) develop a reasonable timeline within which all programming delivered to minors in
2202     the juvenile justice system must be evidence-based or consist of practices that are rated as
2203     effective for reducing recidivism by a standardized program evaluation tool;
2204          (j) provide guidelines to be considered by the Administrative Office of the Courts and
2205     the Division of Juvenile Justice Services in developing tools considered by the Administrative
2206     Office of the Courts and the Division of Juvenile Justice Services in developing or selecting
2207     tools to be used for the evaluation of juvenile justice programs;
2208          (k) develop a timeline to support improvements to juvenile justice programs to achieve
2209     reductions in recidivism and review reports from relevant state agencies on progress toward
2210     reaching that timeline;
2211          (l) subject to Subsection (2), assist in the development of training for juvenile justice
2212     stakeholders, including educators, law enforcement officers, probation staff, judges, Division
2213     of Juvenile Justice Services staff, Division of Child and Family Services staff, and program
2214     providers;
2215          (m) subject to Subsection (3), assist in the development of a performance-based
2216     contracting system, which shall be developed by the Administrative Office of the Courts and
2217     the Division of Juvenile Justice Services for contracted services in the community and
2218     contracted out-of-home placement providers;
2219          (n) assist in the development of a validated detention risk assessment tool that shall be
2220     developed or adopted and validated by the Administrative Office of the Courts and the
2221     Division of Juvenile Justice Services as provided in Section 78A-6-124 on and after July 1,
2222     2018; and
2223          (o) annually issue and make public a report to the governor, president of the Senate,
2224     speaker of the House of Representatives, and chief justice of the Utah Supreme Court on the
2225     progress of the reforms and any additional areas in need of review.
2226          (2) Training described in Subsection (1)(l) should include instruction on

2227     evidence-based programs and principles of juvenile justice, such as risk, needs, responsivity,
2228     and fidelity, and shall be supplemented by the following topics:
2229          (a) adolescent development;
2230          (b) identifying and using local behavioral health resources;
2231          (c) implicit bias;
2232          (d) cultural competency;
2233          (e) graduated responses;
2234          (f) Utah juvenile justice system data and outcomes; and
2235          (g) gangs.
2236          (3) The system described in Subsection (1)(m) shall provide incentives for:
2237          (a) the use of evidence-based juvenile justice programs and practices rated as effective
2238     by the tools selected in accordance with Subsection (1)(j);
2239          (b) the use of three-month timelines for program completion; and
2240          (c) evidence-based programs and practices for minors living at home in rural areas.
2241          (4) The Commission on Criminal and Juvenile Justice may delegate the duties imposed
2242     under this section to a subcommittee or board established by the Commission on Criminal and
2243     Juvenile Justice in accordance with Subsection 63M-7-204(2).
2244          (5) Subsections (1)(a) through (c) take effect August 1, 2017. The remainder of this
2245     section takes effect July 1, 2018.
2246          Section 41. Section 63M-7-404 is amended to read:
2247          63M-7-404. Purpose -- Duties.
2248          (1) The purpose of the commission shall be to develop guidelines and propose
2249     recommendations to the Legislature, the governor, and the Judicial Council about the
2250     sentencing and release of juvenile and adult offenders in order to:
2251          (a) respond to public comment;
2252          (b) relate sentencing practices and correctional resources;
2253          (c) increase equity in criminal sentencing;
2254          (d) better define responsibility in criminal sentencing; and
2255          (e) enhance the discretion of sentencing judges while preserving the role of the Board
2256     of Pardons and Parole and the Youth Parole Authority.
2257          (2) (a) The commission shall modify the sentencing guidelines for adult offenders to

2258     implement the recommendations of the Commission on Criminal and Juvenile Justice for
2259     reducing recidivism.
2260          (b) The modifications under Subsection (2)(a) shall be for the purposes of protecting
2261     the public and ensuring efficient use of state funds.
2262          (3) (a) The commission shall modify the criminal history score in the sentencing
2263     guidelines for adult offenders to implement the recommendations of the Commission on
2264     Criminal and Juvenile Justice for reducing recidivism.
2265          (b) The modifications to the criminal history score under Subsection (3)(a) shall
2266     include factors in an offender's criminal history that are relevant to the accurate determination
2267     of an individual's risk of offending again.
2268          (4) (a) The commission shall establish sentencing guidelines for periods of
2269     incarceration for individuals who are on probation and:
2270          (i) who have violated one or more conditions of probation; and
2271          (ii) whose probation has been revoked by the court.
2272          (b) The guidelines shall consider the seriousness of the violation of the conditions of
2273     probation, the probationer's conduct while on probation, and the probationer's criminal history.
2274          (5) (a) The commission shall establish sentencing guidelines for periods of
2275     incarceration for individuals who are on parole and:
2276          (i) who have violated a condition of parole; and
2277          (ii) whose parole has been revoked by the Board of Pardons and Parole.
2278          (b) The guidelines shall consider the seriousness of the violation of the conditions of
2279     parole, the individual's conduct while on parole, and the individual's criminal history.
2280          (6) The commission shall establish graduated sanctions to facilitate the prompt and
2281     effective response to an individual's violation of the terms of probation or parole by the adult
2282     probation and parole section of the Department of Corrections in order to implement the
2283     recommendations of the Commission on Criminal and Juvenile Justice for reducing recidivism,
2284     including:
2285          (a) sanctions to be used in response to a violation of the terms of probation or parole;
2286          (b) when violations should be reported to the court or the Board of Pardons and Parole;
2287     and
2288          (c) a range of sanctions that may not exceed a period of incarceration of more than:

2289          (i) three consecutive days; and
2290          (ii) a total of five days in a period of 30 days.
2291          (7) The commission shall establish graduated incentives to facilitate a prompt and
2292     effective response by the adult probation and parole section of the Department of Corrections
2293     to an offender's:
2294          (a) compliance with the terms of probation or parole; and
2295          (b) positive conduct that exceeds those terms.
2296          (8) (a) The commission shall establish guidelines, including sanctions and incentives,
2297     to appropriately respond to negative and positive behavior of juveniles who are:
2298          (i) nonjudicially adjusted;
2299          (ii) placed on diversion;
2300          (iii) placed on probation;
2301          (iv) placed on community supervision;
2302          (v) placed in an out-of-home placement; or
2303          (vi) placed in a secure care facility.
2304          (b) In establishing guidelines under this Subsection (8), the commission shall consider:
2305          (i) the seriousness of the negative and positive behavior;
2306          (ii) the juvenile's conduct post-adjudication; and
2307          (iii) the delinquency history of the juvenile.
2308          (c) The guidelines shall include:
2309          (i) responses that are swift and certain;
2310          (ii) a continuum of community-based options for juveniles living at home;
2311          (iii) responses that target the individual's criminogenic risk and needs; and
2312          (iv) incentives for compliance, including earned discharge credits.
2313          Section 42. Section 76-5-413 is amended to read:
2314          76-5-413. Custodial sexual relations or misconduct with youth receiving state
2315     services -- Definitions -- Penalties -- Defenses.
2316          (1) As used in this section:
2317          (a) "Actor" means:
2318          (i) a person employed by the Department of Human Services, as created in Section
2319     62A-1-102, or an employee of a private provider or contractor; or

2320          (ii) a person employed by the juvenile court of the state, or an employee of a private
2321     provider or contractor.
2322          (b) "Department" means the Department of Human Services created in Section
2323     62A-1-102.
2324          (c) "Juvenile court" means the juvenile court of the state created in Section 78A-6-102.
2325          (d) "Private provider or contractor" means any person or entity that contracts with the:
2326          (i) department to provide services or functions that are part of the operation of the
2327     department; or
2328          (ii) juvenile court to provide services or functions that are part of the operation of the
2329     juvenile court.
2330          (e) "Youth receiving state services" means a person:
2331          (i) younger than 18 years of age, except as provided under Subsection (1)(e)(ii), who is:
2332          (A) in the custody of the department under Subsection 78A-6-117(2)(c)[(ii)]; or
2333          (B) receiving services from any division of the department if any portion of the costs of
2334     these services is covered by public money as defined in Section 76-8-401; or
2335          (ii) younger than 21 years of age who is:
2336          (A) in the custody of the Division of Juvenile Justice Services, or the Division of Child
2337     and Family Services; or
2338          (B) under the jurisdiction of the juvenile court.
2339          (2) (a) An actor commits custodial sexual relations with a youth receiving state
2340     services if the actor commits any of the acts under Subsection (3):
2341          (i) under circumstances not amounting to commission of, or an attempt to commit, an
2342     offense under Subsection (6); and
2343          (ii) (A) the actor knows that the individual is a youth receiving state services; or
2344          (B) a reasonable person in the actor's position should have known under the
2345     circumstances that the individual was a youth receiving state services.
2346          (b) A violation of Subsection (2)(a) is a third degree felony, but if the youth receiving
2347     state services is younger than 18 years of age, a violation of Subsection (2)(a) is a second
2348     degree felony.
2349          (c) If the act committed under this Subsection (2) amounts to an offense subject to a
2350     greater penalty under another provision of state law than is provided under this Subsection (2),

2351     this Subsection (2) does not prohibit prosecution and sentencing for the more serious offense.
2352          (3) Acts referred to in Subsection (2)(a) are:
2353          (a) having sexual intercourse with a youth receiving state services;
2354          (b) engaging in any sexual act with a youth receiving state services involving the
2355     genitals of one person and the mouth or anus of another person, regardless of the sex of either
2356     participant; or
2357          (c) causing the penetration, however slight, of the genital or anal opening of a youth
2358     receiving state services by any foreign object, substance, instrument, or device, including a part
2359     of the human body, with the intent to cause substantial emotional or bodily pain to any person,
2360     regardless of the sex of any participant or with the intent to arouse or gratify the sexual desire
2361     of any person, regardless of the sex of any participant.
2362          (4) (a) An actor commits custodial sexual misconduct with a youth receiving state
2363     services if the actor commits any of the acts under Subsection (5):
2364          (i) under circumstances not amounting to commission of, or an attempt to commit, an
2365     offense under Subsection (6); and
2366          (ii) (A) the actor knows that the individual is a youth receiving state services; or
2367          (B) a reasonable person in the actor's position should have known under the
2368     circumstances that the individual was a youth receiving state services.
2369          (b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the youth
2370     receiving state services is younger than 18 years of age, a violation of Subsection (4)(a) is a
2371     third degree felony.
2372          (c) If the act committed under this Subsection (4) amounts to an offense subject to a
2373     greater penalty under another provision of state law than is provided under this Subsection (4),
2374     this Subsection (4) does not prohibit prosecution and sentencing for the more serious offense.
2375          (5) Acts referred to in Subsection (4)(a) are the following acts when committed with
2376     the intent to cause substantial emotional or bodily pain to any person or with the intent to
2377     arouse or gratify the sexual desire of any person, regardless of the sex of any participant:
2378          (a) touching the anus, buttocks, or any part of the genitals of a youth receiving state
2379     services;
2380          (b) touching the breast of a female youth receiving state services;
2381          (c) otherwise taking indecent liberties with a youth receiving state services; or

2382          (d) causing a youth receiving state services to take indecent liberties with the actor or
2383     another person.
2384          (6) The offenses referred to in Subsections (2)(a)(i) and (4)(a)(i) are:
2385          (a) Section 76-5-401, unlawful sexual activity with a minor;
2386          (b) Section 76-5-402, rape;
2387          (c) Section 76-5-402.1, rape of a child;
2388          (d) Section 76-5-402.2, object rape;
2389          (e) Section 76-5-402.3, object rape of a child;
2390          (f) Section 76-5-403, forcible sodomy;
2391          (g) Section 76-5-403.1, sodomy on a child;
2392          (h) Section 76-5-404, forcible sexual abuse;
2393          (i) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child; or
2394          (j) Section 76-5-405, aggravated sexual assault.
2395          (7) (a) It is not a defense to the commission of the offense of custodial sexual relations
2396     with a youth receiving state services under Subsection (2) or custodial sexual misconduct with
2397     a youth receiving state services under Subsection (4), or an attempt to commit either of these
2398     offenses, if the youth receiving state services is younger than 18 years of age, that the actor:
2399          (i) mistakenly believed the youth receiving state services to be 18 years of age or older
2400     at the time of the alleged offense; or
2401          (ii) was unaware of the true age of the youth receiving state services.
2402          (b) Consent of the youth receiving state services is not a defense to any violation or
2403     attempted violation of Subsection (2) or (4).
2404          (8) It is a defense that the commission by the actor of an act under Subsection (2) or (4)
2405     is the result of compulsion, as the defense is described in Subsection 76-2-302(1).
2406          Section 43. Section 76-9-701 is amended to read:
2407          76-9-701. Intoxication -- Release of arrested person or placement in detoxification
2408     center.
2409          (1) A person is guilty of intoxication if the person is under the influence of alcohol, a
2410     controlled substance, or any substance having the property of releasing toxic vapors, to a
2411     degree that the person may endanger the person or another, in a public place or in a private
2412     place where the person unreasonably disturbs other persons.

2413          (2) (a) A peace officer or a magistrate may release from custody a person arrested
2414     under this section if the peace officer or magistrate believes imprisonment is unnecessary for
2415     the protection of the person or another.
2416          (b) A peace officer may take the arrested person to a detoxification center or other
2417     special facility as an alternative to incarceration or release from custody.
2418          (3) (a) If a minor is found by a court to have violated this section and the violation is
2419     the minor's first violation of this section, the court may:
2420          (i) order the minor to complete a screening as defined in Section 41-6a-501;
2421          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
2422     screening indicates an assessment to be appropriate; and
2423          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
2424     or substance [abuse] use disorder treatment as indicated by an assessment.
2425          (b) If a minor is found by a court to have violated this section and the violation is the
2426     minor's second or subsequent violation of this section, the court shall:
2427          (i) order the minor to complete a screening as defined in Section 41-6a-501;
2428          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
2429     screening indicates an assessment to be appropriate; and
2430          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
2431     or substance [abuse] use disorder treatment as indicated by an assessment.
2432          (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
2433     found by a court to have violated this section, the court hearing the case shall suspend the
2434     minor's driving privileges under Section 53-3-219.
2435          (b) Notwithstanding the requirement in Subsection (4)(a), the court may reduce the
2436     suspension period required under Section 53-3-219 if:
2437          (i) the violation is the minor's first violation of this section; and
2438          (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
2439          (B) the minor demonstrates substantial progress in substance [abuse] use disorder
2440     treatment.
2441          (c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the
2442     requirements of Section 53-3-219, the court may reduce the suspension period required under
2443     Section 53-3-219 if:

2444          (i) the violation is the minor's second or subsequent violation of this section;
2445          (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
2446     demonstrated substantial progress in substance [abuse] use disorder treatment; and
2447          (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
2448     court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
2449     consecutive period during the suspension period imposed under Subsection (4)(a); or
2450          (B) the person is under 18 years of age and has the person's parent or legal guardian
2451     provide an affidavit or sworn statement to the court certifying that to the parent or legal
2452     guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
2453     one-year consecutive period during the suspension period imposed under Subsection (4)(a).
2454          (5) When a person who is [at least 13 years old, but] younger than 18 years old[,] is
2455     found by a court to have violated this section, the provisions regarding suspension of the
2456     driver's license under Section 78A-6-606 apply to the violation.
2457          (6) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under Section
2458     78A-6-117, the court may only order substance use disorder treatment or an educational series
2459     if the minor has an assessed need for the intervention based on the results of a validated
2460     assessment.
2461          [(6)] (7) When the court issues an order suspending a person's driving privileges for a
2462     violation of this section, the person's driver license shall be suspended under Section 53-3-219.
2463          [(7)] (8) An offense under this section is a class C misdemeanor.
2464          Section 44. Section 76-10-105 is amended to read:
2465          76-10-105. Buying or possessing a cigar, cigarette, electronic cigarette, or tobacco
2466     by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
2467          (1) Any 18 year old person who buys or attempts to buy, accepts, or has in the person's
2468     possession any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of a class C
2469     misdemeanor and subject to:
2470          (a) a minimum fine or penalty of $60; and
2471          (b) participation in a court-approved tobacco education program, which may include a
2472     participation fee.
2473          (2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
2474     person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is subject

2475     to the jurisdiction of the juvenile court and subject to Section 78A-6-602, unless the violation
2476     is committed on school property. If a violation under this section is adjudicated under Section
2477     78A-6-117, the minor may be subject to the following:
2478          (a) a [minimum] fine or penalty [of $60], in accordance with Section 78A-6-117; and
2479          (b) participation in a court-approved tobacco education program, which may include a
2480     participation fee.
2481          (3) A compliance officer appointed by a board of education under Section 53A-3-402
2482     may not issue [citations] a citation for [violations] a violation of this section committed on
2483     school property. [Cited violations shall be reported to the appropriate juvenile court.] A cited
2484     violation committed on school property shall be addressed in accordance with Section
2485     53A-11-911.
2486          Section 45. Section 78A-6-103 is amended to read:
2487          78A-6-103. Jurisdiction of juvenile court -- Original -- Exclusive.
2488          (1) Except as otherwise provided by law, the juvenile court has exclusive original
2489     jurisdiction in proceedings concerning:
2490          (a) a child who has violated any federal, state, or local law or municipal ordinance or a
2491     person younger than 21 years of age who has violated any law or ordinance before becoming
2492     18 years of age, regardless of where the violation occurred, excluding offenses:
2493          (i) in Section 53A-11-911 until such time that the child is referred to the courts under
2494     Section 53A-11-911; and
2495          (ii) in Subsection 78A-7-106(2);
2496          [(b) a person 21 years of age or older who has failed or refused to comply with an order
2497     of the juvenile court to pay a fine or restitution, if the order was imposed before the person's
2498     21st birthday; however, the continuing jurisdiction is limited to causing compliance with
2499     existing orders;]
2500          [(c)] (b) a child who is an abused child, neglected child, or dependent child, as those
2501     terms are defined in Section 78A-6-105;
2502          [(d)] (c) a protective order for a child pursuant to [the provisions of] Title 78B, Chapter
2503     7, Part 2, Child Protective Orders, which the juvenile court may transfer to the district court if
2504     the juvenile court has entered an ex parte protective order and finds that:
2505          (i) the petitioner and the respondent are the natural parent, adoptive parent, or step

2506     parent of the child who is the object of the petition;
2507          (ii) the district court has a petition pending or an order related to custody or parent-time
2508     entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act,
2509     or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the petitioner and the
2510     respondent are parties; and
2511          (iii) the best interests of the child will be better served in the district court;
2512          [(e)] (d) appointment of a guardian of the person or other guardian of a minor who
2513     comes within the court's jurisdiction under other provisions of this section;
2514          [(f)] (e) the emancipation of a minor in accordance with Part 8, Emancipation;
2515          [(g)] (f) the termination of the legal parent-child relationship in accordance with Part 5,
2516     Termination of Parental Rights Act, including termination of residual parental rights and
2517     duties;
2518          [(h)] (g) the treatment or commitment of a minor who has an intellectual disability;
2519          [(i) a minor who is a habitual truant from school;]
2520          [(j)] (h) the judicial consent to the marriage of a child under age 16 upon a
2521     determination of voluntariness or where otherwise required by law, employment, or enlistment
2522     of a child when consent is required by law;
2523          [(k)] (i) any parent or parents of a child committed to a secure youth [corrections]
2524     facility, to order, at the discretion of the court and on the recommendation of a secure facility,
2525     the parent or parents of a child committed to a secure facility for a custodial term, to undergo
2526     group rehabilitation therapy under the direction of a secure facility therapist, who has
2527     supervision of that parent's or parents' child, or any other therapist the court may direct, for a
2528     period directed by the court as recommended by a secure facility;
2529          [(l)] (j) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
2530          [(m)] (k) subject to Subsection (8), the treatment or commitment of a child with a
2531     mental illness[. The court may commit a child to the physical custody of a local mental health
2532     authority in accordance with the procedures and requirements of Title 62A, Chapter 15, Part 7,
2533     Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health, but
2534     not directly to the Utah State Hospital];
2535          [(n)] (l) the commitment of a child to a secure drug or alcohol facility in accordance
2536     with Section 62A-15-301;

2537          [(o)] (m) a minor found not competent to proceed pursuant to Section 78A-6-1301;
2538          [(p)] (n) de novo review of final agency actions resulting from an informal adjudicative
2539     proceeding as provided in Section 63G-4-402; and
2540          [(q)] (o) adoptions conducted in accordance with the procedures described in Title
2541     78B, Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an
2542     order terminating the rights of a parent and finds that adoption is in the best interest of the
2543     child.
2544          (2) (a) Notwithstanding Section 78A-7-106 and Subsection 78A-5-102(9), the juvenile
2545     court has exclusive jurisdiction over the following offenses committed by a child:
2546          [(a)] (i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless
2547     Driving;
2548          [(b)] (ii) Section 73-18-12, reckless operation; and
2549          [(c)] (iii) class B and C misdemeanors, infractions, or violations of ordinances that are
2550     part of a single criminal episode filed in a petition that contains an offense over which the court
2551     has jurisdiction.
2552          (b) A juvenile court may only order substance use disorder treatment or an educational
2553     series if the minor has an assessed need for the intervention on the basis of the results of a
2554     validated assessment.
2555          (3) The juvenile court has jurisdiction over an ungovernable or runaway child who is
2556     referred to it by the Division of Child and Family Services or by public or private agencies that
2557     contract with the division to provide services to that child [where] when, despite earnest and
2558     persistent efforts by the division or agency, the child has demonstrated that the child:
2559          (a) is beyond the control of the child's parent, guardian, or lawful custodian[, or school
2560     authorities] to the extent that the child's behavior or condition endangers the child's own
2561     welfare or the welfare of others; or
2562          (b) has run away from home.
2563          (4) This section does not restrict the right of access to the juvenile court by private
2564     agencies or other persons.
2565          (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
2566     arising under Section 78A-6-702.
2567          (6) The juvenile court has jurisdiction to make a finding of substantiated,

2568     unsubstantiated, or without merit, in accordance with Section 78A-6-323.
2569          (7) The juvenile court has jurisdiction of matters transferred to it by another trial court
2570     pursuant to Subsection 78A-7-106[(7).](5) and subject to Section 53A-11-911.
2571          (8) The court may commit a child to the physical custody of a local mental health
2572     authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age
2573     18 to Division of Substance Abuse and Mental Health, but not directly to the Utah State
2574     Hospital.
2575          Section 46. Section 78A-6-105 is amended to read:
2576          78A-6-105. Definitions.
2577          As used in this chapter:
2578          (1) (a) "Abuse" means:
2579          (i) (A) nonaccidental harm of a child;
2580          [(ii)] (B) threatened harm of a child;
2581          [(iii)] (C) sexual exploitation;
2582          [(iv)] (D) sexual abuse; or
2583          [(v)] (E) human trafficking of a child in violation of Section 76-5-308.5[.]; or
2584          [(b)] (ii) that a child's natural parent:
2585          [(i)] (A) intentionally, knowingly, or recklessly causes the death of another parent of
2586     the child;
2587          [(ii)] (B) is identified by a law enforcement agency as the primary suspect in an
2588     investigation for intentionally, knowingly, or recklessly causing the death of another parent of
2589     the child; or
2590          [(iii)] (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
2591     recklessly causing the death of another parent of the child.
2592          [(c)] (b) "Abuse" does not include:
2593          (i) reasonable discipline or management of a child, including withholding privileges;
2594          (ii) conduct described in Section 76-2-401; or
2595          (iii) the use of reasonable and necessary physical restraint or force on a child:
2596          (A) in self-defense;
2597          (B) in defense of others;
2598          (C) to protect the child; or

2599          (D) to remove a weapon in the possession of a child for any of the reasons described in
2600     Subsections (1)(b)(iii)(A) through (C).
2601          (2) "Abused child" means a child who has been subjected to abuse.
2602          (3) "Adjudication" means a finding by the court, incorporated in a decree, that the facts
2603     alleged in the petition have been proved. A finding of not competent to proceed pursuant to
2604     Section 78A-6-1302 is not an adjudication.
2605          (4) "Adult" means a person 18 years of age or over, except that a person 18 years or
2606     over under the continuing jurisdiction of the juvenile court pursuant to Section 78A-6-120 shall
2607     be referred to as a minor.
2608          (5) "Board" means the Board of Juvenile Court Judges.
2609          (6) "Child" means a person under 18 years of age.
2610          (7) "Child placement agency" means:
2611          (a) a private agency licensed to receive a child for placement or adoption under this
2612     code; or
2613          (b) a private agency that receives a child for placement or adoption in another state,
2614     which agency is licensed or approved where such license or approval is required by law.
2615          (8) "Clandestine laboratory operation" means the same as that term is defined in
2616     Section 58-37d-3.
2617          (9) "Commit" means, unless specified otherwise:
2618          (a) with respect to a child, to transfer legal custody; and
2619          (b) with respect to a minor who is at least 18 years of age, to transfer custody.
2620          (10) "Court" means the juvenile court.
2621          (11) "Criminogenic risk factors" means evidence-based factors that are associated with
2622     a minor's likelihood of reoffending.
2623          (12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
2624     committed by an adult.
2625          [(11)] (13) "Dependent child" includes a child who is homeless or without proper care
2626     through no fault of the child's parent, guardian, or custodian.
2627          [(12)] (14) "Deprivation of custody" means transfer of legal custody by the court from
2628     a parent or the parents or a previous legal custodian to another person, agency, or institution.
2629          [(13)] (15) "Detention" means home detention and secure detention as defined in

2630     Section 62A-7-101 for the temporary care of a minor who requires secure custody in a
2631     physically restricting facility:
2632          (a) pending court disposition or transfer to another jurisdiction; or
2633          (b) while under the continuing jurisdiction of the court.
2634          (16) "Detention risk assessment tool" means an evidence-based tool established under
2635     Section 78A-6-124, on and after July 1, 2018, that assesses a minor's risk of failing to appear in
2636     court or reoffending pre-adjudication and designed to assist in making detention
2637     determinations.
2638          [(14)] (17) "Division" means the Division of Child and Family Services.
2639          (18) "Evidence-based" means a program or practice that has had multiple randomized
2640     control studies or a meta-analysis demonstrating that the program or practice is effective for a
2641     specific population or has been rated as effective by a standardized program evaluation tool.
2642          (19) "Formal probation" means a minor is under field supervision by the probation
2643     department or other agency designated by the court and subject to return to the court in
2644     accordance with Section 78A-6-123 on and after July 1, 2018.
2645          [(15)] (20) "Formal referral" means a written report from a peace officer or other
2646     person informing the court that a minor is or appears to be within the court's jurisdiction and
2647     that a [petition may be filed] case must be reviewed.
2648          [(16)] (21) "Group rehabilitation therapy" means psychological and social counseling
2649     of one or more persons in the group, depending upon the recommendation of the therapist.
2650          [(17)] (22) "Guardianship of the person" includes the authority to consent to:
2651          (a) marriage;
2652          (b) enlistment in the armed forces;
2653          (c) major medical, surgical, or psychiatric treatment; or
2654          (d) legal custody, if legal custody is not vested in another person, agency, or institution.
2655          [(18)] (23) "Habitual truant" means the same as that term is defined in Section
2656     53A-11-101.
2657          [(19)] (24) "Harm" means:
2658          (a) physical or developmental injury or damage;
2659          (b) emotional damage that results in a serious impairment in the child's growth,
2660     development, behavior, or psychological functioning;

2661          (c) sexual abuse; or
2662          (d) sexual exploitation.
2663          [(20)] (25) (a) "Incest" means engaging in sexual intercourse with a person whom the
2664     perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
2665     nephew, niece, or first cousin.
2666          (b) The relationships described in Subsection [(20)] (25)(a) include:
2667          (i) blood relationships of the whole or half blood, without regard to legitimacy;
2668          (ii) relationships of parent and child by adoption; and
2669          (iii) relationships of stepparent and stepchild while the marriage creating the
2670     relationship of a stepparent and stepchild exists.
2671          (26) "Intake probation" means a period of court monitoring that does not include field
2672     supervision, but is overseen by a juvenile probation officer, during which a minor is subject to
2673     return to the court in accordance with Section 78A-6-123 on and after July 1, 2018.
2674          [(21)] (27) "Intellectual disability" means:
2675          (a) significantly subaverage intellectual functioning, an IQ of approximately 70 or
2676     below on an individually administered IQ test, for infants, a clinical judgment of significantly
2677     subaverage intellectual functioning;
2678          (b) concurrent deficits or impairments in present adaptive functioning, the person's
2679     effectiveness in meeting the standards expected for [his or her] the person's age by the person's
2680     cultural group, in at least two of the following areas: communication, self-care, home living,
2681     social/interpersonal skills, use of community resources, self-direction, functional academic
2682     skills, work, leisure, health, and safety; and
2683          (c) the onset is before the person reaches the age of 18 years.
2684          [(22)] (28) "Legal custody" means a relationship embodying the following rights and
2685     duties:
2686          (a) the right to physical custody of the minor;
2687          (b) the right and duty to protect, train, and discipline the minor;
2688          (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
2689     medical care;
2690          (d) the right to determine where and with whom the minor shall live; and
2691          (e) the right, in an emergency, to authorize surgery or other extraordinary care.

2692          (29) "Material loss" means an uninsured:
2693          (a) property loss;
2694          (b) out-of-pocket monetary loss;
2695          (c) lost wages; or
2696          (d) medical expenses.
2697          [(23)] (30) "Mental disorder" means a serious emotional and mental disturbance that
2698     severely limits a minor's development and welfare over a significant period of time.
2699          [(24)] (31) "Minor" means:
2700          (a) a child; or
2701          (b) a person who is:
2702          (i) at least 18 years of age and younger than 21 years of age; and
2703          (ii) under the jurisdiction of the juvenile court.
2704          (32) "Mobile crisis outreach team" means a crisis intervention service for minors or
2705     families of minors experiencing behavioral health or psychiatric emergencies.
2706          [(25)] (33) "Molestation" means that a person, with the intent to arouse or gratify the
2707     sexual desire of any person:
2708          (a) touches the anus or any part of the genitals of a child;
2709          (b) takes indecent liberties with a child; or
2710          (c) causes a child to take indecent liberties with the perpetrator or another.
2711          [(26)] (34) "Natural parent" means a minor's biological or adoptive parent, and
2712     includes the minor's noncustodial parent.
2713          [(27)] (35) (a) "Neglect" means action or inaction causing:
2714          (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
2715     Relinquishment of a Newborn Child;
2716          (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
2717     guardian, or custodian;
2718          (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
2719     subsistence, education, or medical care, or any other care necessary for the child's health,
2720     safety, morals, or well-being; or
2721          (iv) a child to be at risk of being neglected or abused because another child in the same
2722     home is neglected or abused.

2723          (b) The aspect of neglect relating to education, described in Subsection [(27)]
2724     (35)(a)(iii), means that, after receiving a notice of compulsory education violation under
2725     Section 53A-11-101.5, [or notice that a parent or guardian has failed to cooperate with school
2726     authorities in a reasonable manner as required under Subsection 53A-11-101.7(5)(a),] the
2727     parent or guardian fails to make a good faith effort to ensure that the child receives an
2728     appropriate education.
2729          (c) A parent or guardian legitimately practicing religious beliefs and who, for that
2730     reason, does not provide specified medical treatment for a child, is not guilty of neglect.
2731          (d) (i) Notwithstanding Subsection [(27)] (35)(a), a health care decision made for a
2732     child by the child's parent or guardian does not constitute neglect unless the state or other party
2733     to the proceeding shows, by clear and convincing evidence, that the health care decision is not
2734     reasonable and informed.
2735          (ii) Nothing in Subsection [(27)] (35)(d)(i) may prohibit a parent or guardian from
2736     exercising the right to obtain a second health care opinion and from pursuing care and
2737     treatment pursuant to the second health care opinion, as described in Section 78A-6-301.5.
2738          [(28)] (36) "Neglected child" means a child who has been subjected to neglect.
2739          [(29)] (37) "Nonjudicial adjustment" means closure of the case by the assigned
2740     probation officer without judicial determination upon the consent in writing of:
2741          (a) the assigned probation officer; and
2742          (b) (i) the minor; or
2743          (ii) the minor and the minor's parent, legal guardian, or custodian.
2744          [(30)] (38) "Not competent to proceed" means that a minor, due to a mental disorder,
2745     intellectual disability, or related condition as defined, lacks the ability to:
2746          (a) understand the nature of the proceedings against them or of the potential disposition
2747     for the offense charged; or
2748          (b) consult with counsel and participate in the proceedings against them with a
2749     reasonable degree of rational understanding.
2750          [(31)] (39) "Physical abuse" means abuse that results in physical injury or damage to a
2751     child.
2752          [(32)] (40) "Probation" means a legal status created by court order following an
2753     adjudication on the ground of a violation of law or under Section 78A-6-103, whereby the

2754     minor is permitted to remain in the minor's home under prescribed conditions [and under
2755     supervision by the probation department or other agency designated by the court, subject to
2756     return to the court for violation of any of the conditions prescribed].
2757          [(33)] (41) "Protective supervision" means a legal status created by court order
2758     following an adjudication on the ground of abuse, neglect, or dependency, whereby the minor
2759     is permitted to remain in the minor's home, and supervision and assistance to correct the abuse,
2760     neglect, or dependency is provided by the probation department or other agency designated by
2761     the court.
2762          [(34)] (42) "Related condition" means a condition closely related to intellectual
2763     disability in accordance with 42 C.F.R. Part 435.1010 and further defined in Rule R539-1-3,
2764     Utah Administrative Code.
2765          [(35)] (43) (a) "Residual parental rights and duties" means those rights and duties
2766     remaining with the parent after legal custody or guardianship, or both, have been vested in
2767     another person or agency, including:
2768          (i) the responsibility for support;
2769          (ii) the right to consent to adoption;
2770          (iii) the right to determine the child's religious affiliation; and
2771          (iv) the right to reasonable parent-time unless restricted by the court.
2772          (b) If no guardian has been appointed, "residual parental rights and duties" also include
2773     the right to consent to:
2774          (i) marriage;
2775          (ii) enlistment; and
2776          (iii) major medical, surgical, or psychiatric treatment.
2777          [(36)] (44) "Secure facility" means any facility operated by or under contract with the
2778     Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
2779     youth offenders committed to the division for custody and rehabilitation pursuant to Subsection
2780     78A-6-117(2)(d).
2781          [(37)] (45) "Severe abuse" means abuse that causes or threatens to cause serious harm
2782     to a child.
2783          [(38)] (46) "Severe neglect" means neglect that causes or threatens to cause serious
2784     harm to a child.

2785          [(39)] (47) "Sexual abuse" means:
2786          (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
2787     adult directed towards a child;
2788          (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2789     committed by a child towards another child if:
2790          (i) there is an indication of force or coercion;
2791          (ii) the children are related, as defined in Subsections [(20)] (25)(a) and [(20)] (b);
2792          (iii) there have been repeated incidents of sexual contact between the two children,
2793     unless the children are 14 years of age or older; or
2794          (iv) there is a disparity in chronological age of four or more years between the two
2795     children; or
2796          (c) engaging in any conduct with a child that would constitute an offense under any of
2797     the following, regardless of whether the person who engages in the conduct is actually charged
2798     with, or convicted of, the offense:
2799          (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
2800     alleged perpetrator of an offense described in Section 76-5-401 is a minor;
2801          (ii) child bigamy, Section 76-7-101.5;
2802          (iii) incest, Section 76-7-102;
2803          (iv) lewdness, Section 76-9-702;
2804          (v) sexual battery, Section 76-9-702.1;
2805          (vi) lewdness involving a child, Section 76-9-702.5; or
2806          (vii) voyeurism, Section 76-9-702.7.
2807          [(40)] (48) "Sexual exploitation" means knowingly:
2808          (a) employing, using, persuading, inducing, enticing, or coercing any child to:
2809          (i) pose in the nude for the purpose of sexual arousal of any person; or
2810          (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
2811     filming, recording, or displaying in any way the sexual or simulated sexual conduct;
2812          (b) displaying, distributing, possessing for the purpose of distribution, or selling
2813     material depicting a child:
2814          (i) in the nude, for the purpose of sexual arousal of any person; or
2815          (ii) engaging in sexual or simulated sexual conduct; or

2816          (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2817     sexual exploitation of a minor, regardless of whether the person who engages in the conduct is
2818     actually charged with, or convicted of, the offense.
2819          [(41)] (49) "Shelter" means the temporary care of a child in a physically unrestricted
2820     facility pending court disposition or transfer to another jurisdiction.
2821          [(42) "State supervision" means a disposition that provides a more intensive level of
2822     intervention than standard probation but is less intensive or restrictive than a community
2823     placement with the Division of Juvenile Justice Services.]
2824          (50) "Status offense" means a violation of the law that would not be a violation but for
2825     the age of the offender.
2826          [(43)] (51) "Substance abuse" means the misuse or excessive use of alcohol or other
2827     drugs or substances.
2828          [(44)] (52) "Substantiated" means the same as that term is defined in Section
2829     62A-4a-101.
2830          [(45)] (53) "Supported" means the same as that term is defined in Section 62A-4a-101.
2831          [(46)] (54) "Termination of parental rights" means the permanent elimination of all
2832     parental rights and duties, including residual parental rights and duties, by court order.
2833          [(47)] (55) "Therapist" means:
2834          (a) a person employed by a state division or agency for the purpose of conducting
2835     psychological treatment and counseling of a minor in its custody; or
2836          (b) any other person licensed or approved by the state for the purpose of conducting
2837     psychological treatment and counseling.
2838          [(48)] (56) "Unsubstantiated" means the same as that term is defined in Section
2839     62A-4a-101.
2840          (57) "Validated risk and needs assessment" means an evidence-based tool that assesses
2841     a minor's risk of reoffending and a minor's criminogenic needs.
2842          [(49)] (58) "Without merit" means the same as that term is defined in Section
2843     62A-4a-101.
2844          Section 47. Section 78A-6-106.5 is enacted to read:
2845          78A-6-106.5. Warrants related to minors.
2846          (1) Except as otherwise provided in this section, a court may not issue a warrant of

2847     arrest for a minor for:
2848          (a) a status offense; or
2849          (b) an infraction.
2850          (2) A court may issue a warrant that directs the minor to be returned home, to the court,
2851     or to a shelter or other nonsecure facility for a minor not eligible for a warrant under
2852     Subsection (1). A warrant under this Subsection (2) may not direct placement in a secure
2853     facility, including secure detention.
2854          (3) Subsection (1) does not apply to a minor who is under Title 55, Chapter 12,
2855     Interstate Compact for Juveniles.
2856          Section 48. Section 78A-6-109 is amended to read:
2857          78A-6-109. Summons -- Service and process -- Issuance and contents -- Notice to
2858     absent parent or guardian -- Emergency medical or surgical treatment -- Compulsory
2859     process for attendance of witnesses when authorized.
2860          (1) After a petition is filed the court shall promptly issue a summons, unless the judge
2861     directs that a further investigation is needed. No summons is required as to any person who
2862     appears voluntarily or who files a written waiver of service with the clerk of the court at or
2863     [prior to] before the hearing.
2864          (2) The summons shall contain:
2865          (a) the name of the court;
2866          (b) the title of the proceedings; and
2867          (c) except for a published summons, a brief statement of the substance of the
2868     allegations in the petition.
2869          (3) A published summons shall state:
2870          (a) that a proceeding concerning the minor is pending in the court; and
2871          (b) an adjudication will be made.
2872          (4) The summons shall require the person or persons who have physical custody of the
2873     minor to appear personally and bring the minor before the court at a time and place stated. If
2874     the person or persons summoned are not the parent, parents, or guardian of the minor, the
2875     summons shall also be issued to the parent, parents, or guardian, as the case may be, notifying
2876     them of the pendency of the case and of the time and place set for the hearing.
2877          (5) Summons may be issued requiring the appearance of any other person whose

2878     presence the court finds necessary.
2879          (6) If it appears to the court that the welfare of the minor or of the public requires that
2880     the minor be taken into custody, and it does not conflict with Section 78A-6-106.5, the court
2881     may by endorsement upon the summons direct that the person serving the summons take the
2882     minor into custody at once.
2883          (7) Subject to Subsection 78A-6-117(2)[(n)(iii)], upon the sworn testimony of one or
2884     more reputable physicians, the court may order emergency medical or surgical treatment that is
2885     immediately necessary for a minor concerning whom a petition has been filed pending the
2886     service of summons upon the minor's parents, guardian, or custodian.
2887          (8) A parent or guardian is entitled to the issuance of compulsory process for the
2888     attendance of witnesses on the parent's or guardian's own behalf or on behalf of the minor. A
2889     guardian ad litem or a probation officer is entitled to compulsory process for the attendance of
2890     witnesses on behalf of the minor.
2891          (9) Service of summons and process and proof of service shall be made in the manner
2892     provided in the Utah Rules of Civil Procedure.
2893          (10) (a) Service of summons or process shall be made by the sheriff of the county
2894     where the service is to be made, or by [his] the sheriff's deputy[; but].
2895          (b) Notwithstanding Subsection (10)(a), upon request of the court, service shall be
2896     made by any other peace officer, or by another suitable person selected by the court.
2897          (11) Service of summons in the state shall be made personally, by delivering a copy to
2898     the person summoned; provided, however, that parents of a minor living together at their usual
2899     place of abode may both be served by personal delivery to either parent of copies of the
2900     summons, one copy for each parent.
2901          (12) If the judge makes a written finding that [he] the judge has reason to believe that
2902     personal service of the summons will be unsuccessful, or will not accomplish notification
2903     within a reasonable time after issuance of the summons, [he] the judge may order service by
2904     registered mail, with a return receipt to be signed by the addressee only, to be addressed to the
2905     last-known address of the person to be served in the state. Service shall be complete upon
2906     return to the court of the signed receipt.
2907          (13) If the parents, parent, or guardian required to be summoned under Subsection (4)
2908     cannot be found within the state, the fact of their minor's presence within the state shall confer

2909     jurisdiction on the court in proceedings in a minor's case under this chapter as to any absent
2910     parent or guardian, provided that due notice has been given in the following manner:
2911          (a) If the address of the parent or guardian is known, due notice is given by sending
2912     [him] the parent or guardian a copy of the summons by registered mail with a return receipt to
2913     be signed by the addressee only, or by personal service outside the state, as provided in the
2914     Utah Rules of Civil Procedure. Service by registered mail shall be complete upon return to the
2915     court of the signed receipt.
2916          (b) (i) If the address or whereabouts of the parent or guardian outside the state cannot
2917     after diligent inquiry be ascertained, due notice is given by publishing a summons:
2918          (A) in a newspaper having general circulation in the county in which the proceeding is
2919     pending once a week for four successive weeks; and
2920          (B) in accordance with Section 45-1-101 for four weeks.
2921          (ii) Service shall be complete on the day of the last publication.
2922          (c) Service of summons as provided in this subsection shall vest the court with
2923     jurisdiction over the parent or guardian served in the same manner and to the same extent as if
2924     the person served was served personally within the state.
2925          (14) In the case of service in the state, service completed not less than 48 hours before
2926     the time set in the summons for the appearance of the person served, shall be sufficient to
2927     confer jurisdiction. In the case of service outside the state, service completed not less than five
2928     days before the time set in the summons for appearance of the person served, shall be sufficient
2929     to confer jurisdiction.
2930          (15) Computation of periods of time under this chapter shall be made in accordance
2931     with the Utah Rules of Civil Procedure.
2932          Section 49. Section 78A-6-111 is amended to read:
2933          78A-6-111. Appearances -- Parents, guardian, or legal custodian to appear with
2934     minor or child -- Failure to appear -- Contempt -- Warrant of arrest, when authorized --
2935     Parent's employer to grant time off -- Appointment of guardian ad litem.
2936          (1) Any person required to appear who, without reasonable cause, fails to appear may
2937     be proceeded against for contempt of court, and the court may cause a bench warrant to [issue]
2938     be issued to produce the person in court.
2939          (2) In [all cases] a case when a minor is required to appear in court, the parents,

2940     guardian, or other person with legal custody of the minor shall appear with the minor unless
2941     excused by the judge.
2942          (a) An employee may request permission to leave the workplace for the purpose of
2943     attending court if the employee has been notified by the juvenile court that [his] the employee's
2944     minor is required to appear before the court.
2945          (b) An employer must grant permission to leave the workplace with or without pay if
2946     the employee has requested permission at least seven days in advance or within 24 hours of the
2947     employee receiving notice of the hearing.
2948          (3) If a parent or other person who signed a written promise to appear and bring the
2949     child to court under Section 78A-6-112 or 78A-6-113 fails to appear and bring the child to
2950     court on the date set in the promise, or, if the date was to be set, after notification by the court,
2951     a warrant may be issued for the apprehension of that person [or the child, or both].
2952          (4) Willful failure to perform the promise is a misdemeanor if, at the time of the
2953     execution of the promise, the promisor is given a copy of the promise which clearly states that
2954     failure to appear and have the child appear as promised is a misdemeanor. The juvenile court
2955     shall have jurisdiction to proceed against the promisor in adult proceedings pursuant to Part 10,
2956     Adult Offenses.
2957          (5) The court shall endeavor, through use of the warrant of arrest if necessary, as
2958     provided in Subsection (6), or by other means, to ensure the presence at all hearings of one or
2959     both parents or of the guardian of a child. If neither a parent nor guardian is present at the
2960     court proceedings, the court may appoint a guardian ad litem to protect the interest of a minor.
2961     A guardian ad litem may also be appointed whenever necessary for the welfare of a minor,
2962     whether or not a parent or guardian is present.
2963          (6) A warrant may be issued for a parent, a guardian, a custodian, or a minor if:
2964          (a) a summons is issued but cannot be served;
2965          (b) it is made to appear to the court that the person to be served will not obey the
2966     summons; or
2967          (c) serving the summons will be ineffectual[; or].
2968          [(d) the welfare of the minor requires that he be brought immediately into the custody
2969     of the court.]
2970          Section 50. Section 78A-6-112 is amended to read:

2971          78A-6-112. Minor taken into custody by peace officer, private citizen, or
2972     probation officer -- Grounds -- Notice requirements -- Release or detention -- Grounds
2973     for peace officer to take adult into custody.
2974          (1) A minor may be taken into custody by a peace officer without order of the court if:
2975          (a) in the presence of the officer the minor has violated a state law, federal law, local
2976     law, or municipal ordinance;
2977          (b) there are reasonable grounds to believe the minor has committed an act which if
2978     committed by an adult would be a felony;
2979          (c) the minor:
2980          (i) (A) is seriously endangered in the minor's surroundings; or
2981          (B) seriously endangers others; and
2982          (ii) immediate removal appears to be necessary for the minor's protection or the
2983     protection of others;
2984          (d) there are reasonable grounds to believe the minor has run away or escaped from the
2985     minor's parents, guardian, or custodian; or
2986          (e) there is reason to believe that the minor is:
2987          (i) subject to the state's compulsory education law; and
2988          (ii) absent from school without legitimate or valid excuse, subject to Section
2989     53A-11-105.
2990          (2) (a) A private citizen or a probation officer may take a minor into custody if under
2991     the circumstances [he] the private citizen or probation officer could make a citizen's arrest if
2992     the minor was an adult.
2993          (b) A probation officer may also take a minor into custody under Subsection (1) or if
2994     the minor has violated the conditions of probation, if the minor is under the continuing
2995     jurisdiction of the juvenile court or in emergency situations in which a peace officer is not
2996     immediately available.
2997          (3) (a) (i) If an officer or other person takes a minor into temporary custody[, he] under
2998     Subsection (1) or (2), the officer or person shall without unnecessary delay notify the parents,
2999     guardian, or custodian.
3000          (ii) The minor shall then be released to the care of the minor's parent or other
3001     responsible adult, unless the minor's immediate welfare or the protection of the community

3002     requires the minor's detention.
3003          (b) If the minor is taken into custody under Subsection (1) or (2) or placed in detention
3004     under Subsection (4) for a violent felony, as defined in Section 76-3-203.5, or an offense in
3005     violation of Title 76, Chapter 10, Part 5, Weapons, the officer or other law enforcement agent
3006     taking the minor into custody shall, as soon as practicable or as established under Subsection
3007     53A-11-1001(2), notify the school superintendent of the district in which the minor resides or
3008     attends school for the purposes of the minor's supervision and student safety.
3009          (i) The notice shall disclose only:
3010          (A) the name of the minor;
3011          (B) the offense for which the minor was taken into custody or detention; and
3012          (C) if available, the name of the victim, if the victim:
3013          (I) resides in the same school district as the minor; or
3014          (II) attends the same school as the minor.
3015          (ii) The notice shall be classified as a protected record under Section 63G-2-305.
3016          (iii) All other records disclosures are governed by Title 63G, Chapter 2, Government
3017     Records Access and Management Act, and the federal Family Educational Rights and Privacy
3018     Act.
3019          (c) Employees of a governmental agency are immune from any criminal liability for
3020     providing or failing to provide the information required by this section unless the person acts or
3021     fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
3022          (d) Before the minor is released, the parent or other person to whom the minor is
3023     released shall be required to sign a written promise on forms supplied by the court to bring the
3024     minor to the court at a time set or to be set by the court.
3025          (4) (a) A child may not be held in temporary custody by law enforcement any longer
3026     than is reasonably necessary to obtain the child's name, age, residence, and other necessary
3027     information and to contact the child's parents, guardian, or custodian.
3028          (b) If the minor is not released under Subsection (3), the minor shall be taken to a place
3029     of detention or shelter without unnecessary delay.
3030          (5) (a) The person who takes a minor to a detention or shelter facility shall promptly
3031     file with the detention or shelter facility a written report on a form provided by the division
3032     stating:

3033          (i) the details of the presently alleged offense[,];
3034          (ii) the facts [which] that bring the minor within the jurisdiction of the juvenile court[,
3035     and];
3036          (iii) the reason the minor was not released by law enforcement[.]; and
3037          (iv) the eligibility of the minor under the division guidelines for detention admissions
3038     established by the Division of Juvenile Justice Services under Section 62A-7-202 if the minor
3039     is under consideration for detention.
3040          (b) (i) The designated [youth corrections] facility staff person shall immediately review
3041     the form and determine, based on the guidelines for detention admissions established by the
3042     Division of Juvenile Justice Services under Section 62A-7-202, the results of the detention risk
3043     assessment, and the criteria for detention eligibility under Section 78A-6-113, whether to:
3044          (A) admit the minor to secure detention[,];
3045          (B) admit the minor to home detention[,];
3046          (C) place the minor in [a placement other than detention,] another alternative to
3047     detention; or
3048          (D) return the minor home upon written promise to bring the minor to the court at a
3049     time set, or without restriction.
3050          (ii) If the designated [youth corrections] facility staff person determines to admit the
3051     minor to home detention, that staff person shall notify the juvenile court of that determination.
3052     The court shall order that notice be provided to the designated persons in the local law
3053     enforcement agency and the school or transferee school, if applicable, which the minor attends
3054     of the home detention. The designated persons may receive the information for purposes of the
3055     minor's supervision and student safety.
3056          (iii) Any employee of the local law enforcement agency and the school which the
3057     minor attends who discloses the notification of home detention is not:
3058          (A) civilly liable except when disclosure constitutes fraud or willful misconduct as
3059     provided in Section 63G-7-202; and
3060          (B) civilly or criminally liable except when disclosure constitutes a knowing violation
3061     of Section 63G-2-801.
3062          (iv) The person who takes a minor to a detention facility or the designated facility staff
3063     person may release a minor to a less restrictive alternative even if the minor is eligible for

3064     secure detention under this Subsection (5).
3065          (c) A minor may not be admitted to detention unless the minor is detainable based on
3066     the guidelines or the minor has been brought to detention pursuant to a judicial order or
3067     division warrant pursuant to Section 62A-7-504.
3068          (d) If a minor taken to detention does not qualify for admission under the guidelines
3069     established by the division under Section 62A-7-104 or the eligibility criteria under Subsection
3070     (4) and this Subsection (5), detention staff shall arrange an appropriate [placement] alternative.
3071          (e) If a minor is taken into custody and admitted to a secure detention or shelter
3072     facility, facility staff shall:
3073          (i) immediately notify the minor's parents, guardian, or custodian; and
3074          (ii) promptly notify the court of the placement.
3075          (f) If the minor is admitted to a secure detention or shelter facility outside the county of
3076     the minor's residence and it is determined in the hearing held under Subsection 78A-6-113(3)
3077     that detention shall continue, the judge or commissioner shall direct the sheriff of the county of
3078     the minor's residence to transport the minor to a detention or shelter facility as provided in this
3079     section.
3080          (6) A person may be taken into custody by a peace officer without a court order if the
3081     person is in apparent violation of a protective order or if there is reason to believe that a child is
3082     being abused by the person and any of the situations outlined in Section 77-7-2 exist.
3083          Section 51. Section 78A-6-113 is amended to read:
3084          78A-6-113. Placement of minor in detention or shelter facility -- Grounds --
3085     Detention hearings -- Period of detention -- Notice -- Confinement for criminal
3086     proceedings -- Bail laws inapplicable -- Exception.
3087          (1) (a) A minor may not be placed or kept in a secure detention facility pending court
3088     proceedings [unless it is unsafe for the public to leave the minor with the minor's parents,
3089     guardian, or custodian and the minor is detainable based on guidelines promulgated by the
3090     Division of Juvenile Justice Services] except in accordance with Section 78A-6-112.
3091          [(b) A child who must be taken from the child's home but who does not require
3092     physical restriction shall be given temporary care in a shelter facility and may not be placed in a
3093     detention facility.]
3094          [(c)] (b) A child may not be placed or kept in a shelter facility pending court

3095     proceedings unless it is unsafe to leave the child with the child's parents, guardian, or
3096     custodian.
3097          (2) After admission of a child to a detention facility pursuant to [the guidelines
3098     established by the Division of Juvenile Justice Services] Section 78A-6-112 and immediate
3099     investigation by an authorized officer of the court, the judge or the officer shall order the
3100     release of the child to the child's parents, guardian, or custodian if it is found the child can be
3101     safely returned to their care, either upon written promise to bring the child to the court at a time
3102     set or without restriction.
3103          (a) If a child's parent, guardian, or custodian fails to retrieve the child from a facility
3104     within 24 hours after notification of release, the parent, guardian, or custodian is responsible
3105     for the cost of care for the time the child remains in the facility.
3106          (b) The facility shall determine the cost of care.
3107          (c) Any money collected under this Subsection (2) shall be retained by the Division of
3108     Juvenile Justice Services to recover the cost of care for the time the child remains in the
3109     facility.
3110          (3) (a) When a child is detained in a detention or shelter facility, the parents or
3111     guardian shall be informed by the person in charge of the facility that [they have] the parent's
3112     or guardian's child has the right to a prompt hearing in court to determine whether the child is
3113     to be further detained or released.
3114          (b) When a minor is detained in a detention facility, the minor shall be informed by the
3115     person in charge of the facility that the minor has the right to a prompt hearing in court to
3116     determine whether the minor is to be further detained or released.
3117          (c) Detention hearings shall be held by the judge or by a commissioner.
3118          (d) The court may, at any time, order the release of the minor, whether a detention
3119     hearing is held or not.
3120          (e) If a child is released, and the child remains in the facility, because the parents,
3121     guardian, or custodian fails to retrieve the child, the parents, guardian, or custodian shall be
3122     responsible for the cost of care as provided in Subsections (2)(a), (b), and (c).
3123          (4) (a) A minor may not be held in a detention facility longer than 48 hours [prior to]
3124     before a detention hearing, excluding weekends and holidays, unless the court has entered an
3125     order for continued detention.

3126          (b) A child may not be held in a shelter facility longer than 48 hours [prior to] before a
3127     shelter hearing, excluding weekends and holidays, unless a court order for extended shelter has
3128     been entered by the court after notice to all parties described in Section 78A-6-306.
3129          (c) A hearing for detention or shelter may not be waived. Detention staff shall provide
3130     the court with all information received from the person who brought the minor to the detention
3131     facility.
3132          (d) [If the court finds at a detention hearing that it is not safe to release the minor, the]
3133     The judge or commissioner may only order [the] a minor to be held in the facility or be placed
3134     in another appropriate facility, subject to further order of the court, if the court finds at a
3135     detention hearing that:
3136          (i) releasing the minor to the minor's parent, guardian, or custodian presents an
3137     unreasonable risk to public safety;
3138          (ii) less restrictive nonresidential alternatives to detention have been considered and,
3139     where appropriate, attempted; and
3140          (iii) the minor is eligible for detention under the division guidelines for detention
3141     admissions established by the Division of Juvenile Justice Services, under Section 62A-7-202
3142     and under Section 78A-6-112.
3143          (e) (i) After a detention hearing has been held, only the court may release a minor from
3144     detention. If a minor remains in a detention facility, periodic reviews shall be held pursuant to
3145     the Utah State Juvenile Court Rules of Practice and Procedure to ensure that continued
3146     detention is necessary.
3147          (ii) After a detention hearing for a violent felony, as defined in Section 76-3-203.5, or
3148     an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that
3149     notice of its decision, including any disposition, order, or no contact orders, be provided to
3150     designated persons in the appropriate local law enforcement agency and district superintendent
3151     or the school or transferee school, if applicable, that the minor attends. The designated persons
3152     may receive the information for purposes of the minor's supervision and student safety.
3153          (iii) Any employee of the local law enforcement agency, school district, and the school
3154     that the minor attends who discloses the court's order of probation is not:
3155          (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
3156     provided in Section 63G-7-202; and

3157          (B) civilly or criminally liable except when disclosure constitutes a knowing violation
3158     of Section 63G-2-801.
3159          (5) A minor may not be held in a detention facility, following a dispositional order of
3160     the court for nonsecure substitute care as defined in Section 62A-4a-101, or for
3161     community-based placement under Section 62A-7-101.
3162          (6) (a) Except as otherwise provided in this section, a minor may not be held in a
3163     detention facility following a disposition order of the court for longer than 72 hours, excluding
3164     weekends and holidays.
3165          (b) The period of detention may be extended by the court for [one period] a cumulative
3166     total of seven calendar days if:
3167          [(a)] (i) the Division of Juvenile Justice Services or another agency responsible for
3168     placement files a written petition with the court requesting the extension and setting forth good
3169     cause; and
3170          [(b)] (ii) the court enters a written finding that it is in the best interests of both the
3171     minor and the community to extend the period of detention.
3172          (c) The court may extend the period of detention beyond the seven calendar days if the
3173     court finds by clear and convincing evidence that:
3174          (i) the Division of Juvenile Justice Services or another agency responsible for
3175     placement does not have space for the minor; and
3176          (ii) the safety of the minor and community requires an extension of the period of
3177     detention.
3178          (d) The Division of Juvenile Justice Services shall report to the court every 48 hours,
3179     excluding weekends and holidays, regarding the status of whether the Division of Juvenile
3180     Justice Services or another agency responsible for placement has space for the minor.
3181          [(6)] (7) The agency requesting an extension shall promptly notify the detention facility
3182     that a written petition has been filed.
3183          [(7)] (8) The court shall promptly notify the detention facility regarding its initial
3184     disposition and any ruling on a petition for an extension, whether granted or denied.
3185          [(8)] (9) (a) A child under 16 years of age may not be held in a jail, lockup, or other
3186     place for adult detention except as provided by Section 62A-7-201 or unless certified as an
3187     adult pursuant to Section 78A-6-703. [The provisions of] Section 62A-7-201 regarding

3188     confinement facilities [apply] applies to this Subsection [(8)] (9).
3189          (b) A child 16 years of age or older whose conduct or condition endangers the safety or
3190     welfare of others in the detention facility for children may, by court order that specifies the
3191     reasons, be detained in another place of confinement considered appropriate by the court,
3192     including a jail or other place of confinement for adults. However, a secure [youth corrections]
3193     facility is not an appropriate place of confinement for detention purposes under this section.
3194          [(9)] (10) A sheriff, warden, or other official in charge of a jail or other facility for the
3195     detention of adult offenders or persons charged with crime shall immediately notify the
3196     juvenile court when a person who is or appears to be under 18 years of age is received at the
3197     facility and shall make arrangements for the transfer of the person to a detention facility, unless
3198     otherwise ordered by the juvenile court.
3199          [(10)] (11) This section does not apply to a minor who is brought to the adult facility
3200     under charges pursuant to Section 78A-6-701 or by order of the juvenile court to be held for
3201     criminal proceedings in the district court under Section 78A-6-702 or 78A-6-703.
3202          [(11)] (12) A minor held for criminal proceedings under Section 78A-6-701,
3203     78A-6-702, or 78A-6-703 may be detained in a jail or other place of detention used for adults
3204     charged with crime.
3205          [(12)] (13) Provisions of law regarding bail are not applicable to minors detained or
3206     taken into custody under this chapter, except that bail may be allowed:
3207          (a) if a minor who need not be detained lives outside this state; or
3208          (b) when a minor who need not be detained comes within one of the classes in
3209     Subsection 78A-6-603(11).
3210          [(13)] (14) Section 76-8-418 is applicable to a child who willfully and intentionally
3211     commits an act against a jail or other place of confinement, including a Division of Juvenile
3212     Justice Services detention, shelter, or secure confinement facility which would be a third
3213     degree felony if committed by an adult.
3214          Section 52. Section 78A-6-115 is amended to read:
3215          78A-6-115. Hearings -- Record -- County attorney or district attorney
3216     responsibilities -- Attorney general responsibilities -- Disclosure -- Admissibility of
3217     evidence.
3218          (1) (a) A verbatim record of the proceedings shall be taken in all cases that might result

3219     in deprivation of custody as defined in this chapter. In all other cases a verbatim record shall
3220     also be made unless dispensed with by the court.
3221          (b) (i) Notwithstanding any other provision, including Title 63G, Chapter 2,
3222     Government Records Access and Management Act, a record of a proceeding made under
3223     Subsection (1)(a) shall be released by the court to any person upon a finding on the record for
3224     good cause.
3225          (ii) Following a petition for a record of a proceeding made under Subsection (1)(a), the
3226     court shall:
3227          (A) provide notice to all subjects of the record that a request for release of the record
3228     has been made; and
3229          (B) allow sufficient time for the subjects of the record to respond before making a
3230     finding on the petition.
3231          (iii) A record of a proceeding may not be released under this Subsection (1)(b) if the
3232     court's jurisdiction over the subjects of the proceeding ended more than 12 months [prior to]
3233     before the request.
3234          (iv) For purposes of this Subsection (1)(b):
3235          (A) "record of a proceeding" does not include documentary materials of any type
3236     submitted to the court as part of the proceeding, including items submitted under Subsection
3237     (4)(a); and
3238          (B) "subjects of the record" includes the child's guardian ad litem, the child's legal
3239     guardian, the Division of Child and Family Services, and any other party to the proceeding.
3240          (2) (a) Except as provided in Subsection (2)(b), the county attorney or, if within a
3241     prosecution district, the district attorney shall represent the state in any proceeding in a minor's
3242     case.
3243          (b) The attorney general shall enforce all provisions of Title 62A, Chapter 4a, Child
3244     and Family Services, and this chapter, relating to:
3245          (i) protection or custody of an abused, neglected, or dependent child; and
3246          (ii) petitions for termination of parental rights.
3247          (c) The attorney general shall represent the Division of Child and Family Services in
3248     actions involving a minor who is not adjudicated as abused or neglected, but who is [otherwise
3249     committed to the custody of that division by the juvenile court, and who is classified in the

3250     division's management information system as having been placed in custody primarily on the
3251     basis of delinquent behavior or a status offense] receiving in-home family services under
3252     Section 78A-6-117.5. Nothing in this Subsection (2)(c) may be construed to affect the
3253     responsibility of the county attorney or district attorney to represent the state in those matters,
3254     in accordance with [the provisions of] Subsection (2)(a).
3255          (3) The board may adopt special rules of procedure to govern proceedings involving
3256     violations of traffic laws or ordinances, wildlife laws, and boating laws. However, proceedings
3257     involving offenses under Section 78A-6-606 are governed by that section regarding suspension
3258     of driving privileges.
3259          (4) (a) For the purposes of determining proper disposition of the minor in dispositional
3260     hearings and establishing the fact of abuse, neglect, or dependency in adjudication hearings and
3261     in hearings upon petitions for termination of parental rights, written reports and other material
3262     relating to the minor's mental, physical, and social history and condition may be received in
3263     evidence and may be considered by the court along with other evidence. The court may require
3264     that the person who wrote the report or prepared the material appear as a witness if the person
3265     is reasonably available.
3266          (b) For the purpose of determining proper disposition of a minor alleged to be or
3267     adjudicated as abused, neglected, or dependent, dispositional reports prepared by the division
3268     under Section 78A-6-315 may be received in evidence and may be considered by the court
3269     along with other evidence. The court may require any person who participated in preparing the
3270     dispositional report to appear as a witness, if the person is reasonably available.
3271          (5) (a) In an abuse, neglect, or dependency proceeding occurring after the
3272     commencement of a shelter hearing under Section 78A-6-306 or the filing of a petition under
3273     Section 78A-6-304, each party to the proceeding shall provide in writing to the other parties or
3274     their counsel any information which the party:
3275          (i) plans to report to the court at the proceeding; or
3276          (ii) could reasonably expect would be requested of the party by the court at the
3277     proceeding.
3278          (b) The disclosure required under Subsection (5)(a) shall be made:
3279          (i) for dispositional hearings under Sections 78A-6-311 and 78A-6-312, no less than
3280     five days before the proceeding;

3281          (ii) for proceedings under [Title 78A,] Chapter 6, Part 5, Termination of Parental
3282     Rights Act, in accordance with Utah Rules of Civil Procedure; and
3283          (iii) for all other proceedings, no less than five days before the proceeding.
3284          (c) If a party to a proceeding obtains information after the deadline in Subsection
3285     (5)(b), the information is exempt from the disclosure required under Subsection (5)(a) if the
3286     party certifies to the court that the information was obtained after the deadline.
3287          (d) Subsection (5)(a) does not apply to:
3288          (i) pretrial hearings; and
3289          (ii) the frequent, periodic review hearings held in a dependency drug court case to
3290     assess and promote the parent's progress in substance [abuse] use disorder treatment.
3291          (6) For the purpose of establishing the fact of abuse, neglect, or dependency, the court
3292     may, in its discretion, consider evidence of statements made by a child under eight years of age
3293     to a person in a trust relationship.
3294          Section 53. Section 78A-6-117 is amended to read:
3295          78A-6-117. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
3296     Enumeration of possible court orders -- Considerations of court.
3297          (1) (a) When a minor is found to come within [the provisions of] Section 78A-6-103,
3298     the court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
3299     jurisdiction over the minor. However, in cases within [the provisions of] Subsection
3300     78A-6-103(1), findings of fact are not necessary.
3301          (b) If the court adjudicates a minor for a crime of violence or an offense in violation of
3302     Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided
3303     to the school superintendent of the district in which the minor resides or attends school. Notice
3304     shall be made to the district superintendent within three days of the adjudication and shall
3305     include:
3306          (i) the specific offenses for which the minor was adjudicated; and
3307          (ii) if available, if the victim:
3308          (A) resides in the same school district as the minor; or
3309          (B) attends the same school as the minor.
3310          (c) An adjudicated minor shall undergo a risk screening or, if indicated, a validated risk
3311     and needs assessment. Results of the screening or assessment shall be used to inform

3312     disposition decisions and case planning. Assessment results, if available, may not be shared
3313     with the court before adjudication.
3314          (2) Upon adjudication the court may make the following dispositions by court order:
3315          (a) (i) the court may place the minor on probation or under protective supervision in
3316     the minor's own home and upon conditions determined by the court, including compensatory
3317     service [as provided in Subsection (2)(m)(iii).];
3318          [(ii) The court may place the minor in state supervision with the probation department
3319     of the court, under the legal custody of:]
3320          [(A) the minor's parent or guardian;]
3321          [(B) the Division of Juvenile Justice Services; or]
3322          [(C) the Division of Child and Family Services.]
3323          (ii) a condition ordered by the court under Subsection (2)(a)(i):
3324          (A) shall be individualized and address a specific risk or need;
3325          (B) shall be based on information provided to the court, including the results of a
3326     validated risk and needs assessment conducted under Subsection (1)(c); and
3327          (C) if the court orders treatment, be based on a validated risk and needs assessment
3328     conducted under Subsection (1)(c);
3329          (iii) a court may not issue a standard order that contains control-oriented conditions;
3330          (iv) prohibitions on weapon possession, where appropriate, shall be specific to the
3331     minor and not the minor's family;
3332          [(iii)] (v) if the court orders probation [or state supervision], the court [shall] may
3333     direct that notice of [its] the court's order be provided to designated persons in the local law
3334     enforcement agency and the school or transferee school, if applicable, that the minor attends.
3335     The designated persons may receive the information for purposes of the minor's supervision
3336     and student safety[.]; and
3337          [(iv) Any] (vi) an employee of the local law enforcement agency and the school that
3338     the minor attends who discloses the court's order of probation is not:
3339          (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
3340     provided in Section 63G-7-202; and
3341          (B) civilly or criminally liable except when the disclosure constitutes a knowing
3342     violation of Section 63G-2-801.

3343          (b) The court may place the minor in the legal custody of a relative or other suitable
3344     person, with or without probation or protective supervision, but the juvenile court may not
3345     assume the function of developing foster home services.
3346          (c) (i) The court [may: (A)] shall only vest legal custody of the minor in the [Division
3347     of Child and Family Services,] Division of Juvenile Justice Services[, or the Division of
3348     Substance Abuse and Mental Health; and (B) order the Department of Human Services] and
3349     order the Division of Juvenile Justice Services to provide dispositional recommendations and
3350     services[.] if:
3351          [(ii) For minors who may qualify for services from two or more divisions within the
3352     Department of Human Services, the court may vest legal custody with the department.]
3353          [(iii) (A) A minor who is committed to the custody of the Division of Child and Family
3354     Services on grounds other than abuse or neglect is subject to the provisions of Title 78A,
3355     Chapter 6, Part 4, Minors in Custody on Grounds Other than Abuse or Neglect, and Title 62A,
3356     Chapter 4a, Part 2a, Minors in Custody on Grounds other than Abuse or Neglect.]
3357          [(B) Before the court entering an order to place a minor in the custody of the Division
3358     of Child and Family Services on grounds other than abuse or neglect, the court shall provide
3359     the division with notice of the hearing no later than five days before the time specified for the
3360     hearing so the division may attend the hearing.]
3361          [(C) Before committing a child to the custody of the Division of Child and Family
3362     Services, the court shall make a finding as to what reasonable efforts have been attempted to
3363     prevent the child's removal from the child's home.]
3364          (A) nonresidential treatment options have been exhausted or nonresidential treatment
3365     options are not appropriate; and
3366          (B) the minor is adjudicated under this section for a felony offense, a misdemeanor
3367     when the minor has five prior misdemeanors or felony adjudications arising from separate
3368     criminal episodes, or a misdemeanor involving the use of a dangerous weapon as defined in
3369     Section 76-1-601.
3370          (ii) The court may not vest legal custody of a minor in the Division of Juvenile Justice
3371     Services for:
3372          (A) contempt of court except to the extent permitted under Section 78A-6-1101;
3373          (B) a violation of probation;

3374          (C) failure to pay a fine, fee, restitution, or other financial obligation;
3375          (D) unfinished compensatory or community service hours;
3376          (E) an infraction; or
3377          (F) a status offense.
3378          [(iv)] (iii) (A) A minor who is 18 years old or older, but younger than 21 years old,
3379     may petition the court to express the minor's desire to be removed from the jurisdiction of the
3380     juvenile court and from the custody of the Division of Child and Family Services if the minor
3381     is in the division's custody on grounds of abuse, neglect, or dependency.
3382          (B) If the minor's parent's rights have not been terminated in accordance with Part 5,
3383     Termination of Parental Rights Act, the minor's petition shall contain a statement from the
3384     minor's parent or guardian agreeing that the minor should be removed from the custody of the
3385     Division of Child and Family Services.
3386          (C) The minor and the minor's parent or guardian shall sign the petition.
3387          (D) The court shall review the petition within 14 days.
3388          (E) The court shall remove the minor from the custody of the Division of Child and
3389     Family Services if the minor and the minor's parent or guardian have met the requirements
3390     described in Subsections (2)(c)(iv)(B) and (C) and if the court finds, based on input from the
3391     Division of Child and Family Services, the minor's guardian ad litem, and the Office of the
3392     Attorney General, that the minor does not pose an imminent threat to self or others.
3393          (F) A minor removed from custody under Subsection (2)(c)(iv)(E) may, within 90 days
3394     of the date of removal, petition the court to re-enter custody of the Division of Child and
3395     Family Services.
3396          (G) Upon receiving a petition under Subsection (2)(c)(iv)(F), the court shall order the
3397     Division of Child and Family Services to take custody of the minor based on the findings the
3398     court entered when the court originally vested custody in the Division of Child and Family
3399     Services.
3400          (d) (i) The court [may] shall only commit a minor to the Division of Juvenile Justice
3401     Services for secure confinement[.] if the court finds that the minor poses a risk of harm to
3402     others and is adjudicated under this section for:
3403          (A) a felony offense;
3404          (B) a misdemeanor if the minor has five prior misdemeanor or felony adjudications

3405     arising from separate criminal episodes; or
3406          (C) a misdemeanor involving use of a dangerous weapon as defined in Section
3407     76-1-601.
3408          (ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect,
3409     or dependency under Subsection 78A-6-103(1)[(c)](b) may not be committed to the Division of
3410     Juvenile Justice Services.
3411          (iii) The court may not commit a minor to the Division of Juvenile Justice Services for
3412     secure confinement for:
3413          (A) contempt of court;
3414          (B) a violation of probation;
3415          (C) failure to pay a fine, fee, restitution, or other financial obligation;
3416          (D) unfinished compensatory or community service hours;
3417          (E) an infraction; or
3418          (F) a status offense.
3419          (e) The court may [commit a minor, subject to the court retaining continuing
3420     jurisdiction over the minor, to the temporary custody of the Division of Juvenile Justice
3421     Services for observation and evaluation for a period not to exceed 45 days, which period may
3422     be extended up to 15 days at the request of the director of the Division of Juvenile Justice
3423     Services] order nonresidential, diagnostic assessment, including substance use disorder, mental
3424     health, psychological, or sexual behavior risk assessment.
3425          (f) (i) The court may commit a minor to a place of detention or an alternative to
3426     detention for a period not to exceed 30 cumulative days per adjudication subject to the court
3427     retaining continuing jurisdiction over the minor. This commitment may not be [stayed or]
3428     suspended upon conditions ordered by the court.
3429          (ii) This Subsection (2)(f) applies only to a minor adjudicated for:
3430          (A) an act which if committed by an adult would be a criminal offense; or
3431          (B) contempt of court under Section 78A-6-1101.
3432          (iii) The court may not commit a minor to a place of detention for:
3433          (A) contempt of court except to the extent allowed under Section 78A-6-1101;
3434          (B) a violation of probation;
3435          (C) failure to pay a fine, fee, restitution, or other financial obligation;

3436          (D) unfinished compensatory or community service hours;
3437          (E) an infraction; or
3438          (F) a status offense.
3439          (iv) (A) Time spent in detention pre-adjudication shall be credited toward the 30
3440     cumulative days eligible as a disposition under Subsection (2)(f)(i). If the minor spent more
3441     than 30 days in a place of detention before disposition, the court may not commit a minor to
3442     detention under this section.
3443          (B) Notwithstanding Subsection (2)(f)(iv)(A), the court may commit a minor for a
3444     maximum of seven days while a minor is awaiting placement under Subsection (2)(c)(i). Only
3445     the seven days under this Subsection (2)(f)(iv)(B) may be combined with a nonsecure
3446     placement.
3447          (v) Notwithstanding Subsection (2)(t), no more than seven days of detention may be
3448     ordered in combination with an order under Subsection (2)(c)(i).
3449          (g) The court may vest legal custody of an abused, neglected, or dependent minor in
3450     the Division of Child and Family Services or any other appropriate person in accordance with
3451     the requirements and procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
3452     Dependency Proceedings.
3453          [(h) The court may place a minor on a ranch or forestry camp, or similar facility for
3454     care and also for work, if possible, if the person, agency, or association operating the facility
3455     has been approved or has otherwise complied with all applicable state and local laws. A minor
3456     placed in a forestry camp or similar facility may be required to work on fire prevention,
3457     forestation and reforestation, recreational works, forest roads, and on other works on or off the
3458     grounds of the facility and may be paid wages, subject to the approval of and under conditions
3459     set by the court.]
3460          [(i)] (h) (i) The court may order a minor to repair, replace, or otherwise make
3461     restitution for [damage or] material loss caused by the minor's wrongful act[, including costs of
3462     treatment as stated in Section 78A-6-321 and impose fines in limited amounts.] or for conduct
3463     for which the minor agrees to make restitution.
3464          (ii) A victim has the meaning defined under Subsection 77-38a-102(14). A victim of an
3465     offense that involves as an element a scheme, a conspiracy, or a pattern of criminal activity,
3466     includes any person directly harmed by the minor's delinquency conduct in the course of the

3467     scheme, conspiracy, or pattern.
3468          (iii) If the victim and the minor agree to participate, the court may refer the case to a
3469     restorative justice program such as victim offender mediation to address how loss resulting
3470     from the adjudicated act may be addressed.
3471          (iv) For the purpose of determining whether and how much restitution is appropriate,
3472     the court shall consider the following:
3473          (A) restitution shall only be ordered for the victim's material loss;
3474          (B) restitution may not be ordered if the court finds that the minor is unable to pay or
3475     acquire the means to pay; and
3476          (C) any amount paid by the minor to the victim in civil penalty shall be credited against
3477     restitution owed.
3478          (v) Any amount paid to the victim in restitution shall be credited against liability in a
3479     civil suit.
3480          [(ii)] (vi) The court may also require a minor to reimburse an individual, entity, or
3481     governmental agency who offered and paid a reward to a person or persons for providing
3482     information resulting in a court adjudication that the minor is within the jurisdiction of the
3483     juvenile court due to the commission of a criminal offense.
3484          [(iii)] (vii) If a minor is returned to this state under the Interstate Compact on Juveniles,
3485     the court may order the minor to make restitution for costs expended by any governmental
3486     entity for the return.
3487          (viii) The prosecutor shall submit a request for restitution to the court at the time of
3488     disposition, if feasible, otherwise within three months after disposition.
3489          (ix) A financial disposition ordered shall prioritize the payment of restitution.
3490          [(j)] (i) The court may issue orders necessary for the collection of restitution and fines
3491     ordered by the court, including garnishments, wage withholdings, and executions, except for an
3492     order that changes the custody of the minor, including detention or other secure or nonsecure
3493     residential placements.
3494          [(k)] (j) (i) The court may through its probation department encourage the development
3495     of nonresidential employment or work programs to enable minors to fulfill their obligations
3496     under Subsection (2)[(i)](h) and for other purposes considered desirable by the court.
3497          (ii) Consistent with the order of the court, the probation officer may permit a minor

3498     found to be within the jurisdiction of the court to participate in a program of work restitution or
3499     compensatory service in lieu of paying part or all of the fine imposed by the court.
3500          (iii) The court may order the minor to:
3501          (A) pay a fine, fee, restitution, or other cost; or
3502          (B) complete service hours.
3503          (iv) If the court orders a minor to pay a fine, fee, restitution, or other cost, or to
3504     complete service hours, those dispositions shall be considered collectively to ensure that the
3505     order is reasonable and prioritizes restitution.
3506          (v) If the court orders a minor to pay a fine, fee, or other cost, or complete service
3507     hours, the cumulative order shall be limited per criminal episode as follows:
3508          (A) for children under age 16 at adjudication, the court may impose up to $180 or up to
3509     24 hours of service; and
3510          (B) for minors 16 and older at adjudication, the court may impose up to $270 or up to
3511     36 hours of service.
3512          (vi) The cumulative order under Subsection (2)(j)(v) does not include restitution.
3513          (vii) If the court converts a fine, fee, or restitution amount to service hours, the rate of
3514     conversion shall be no less than the minimum wage.
3515          [(l)] (k) (i) In violations of traffic laws within the court's jurisdiction, when the court
3516     finds that as part of the commission of the violation the minor was in actual physical control of
3517     a motor vehicle, the court may, in addition to any other disposition authorized by this section:
3518          (A) restrain the minor from driving for periods of time the court considers necessary;
3519     and
3520          (B) take possession of the minor's driver license.
3521          (ii) The court may enter any other eligible disposition under Subsection (2)[(l)](k)(i)
3522     except for a disposition under Subsection (2)(c), (d), or (f). However, the suspension of
3523     driving privileges for an offense under Section 78A-6-606 is governed only by Section
3524     78A-6-606.
3525          [(m) (i) When a minor is found within the jurisdiction of the juvenile court under
3526     Section 78A-6-103 because of violating Section 58-37-8, Title 58, Chapter 37a, Utah Drug
3527     Paraphernalia Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court
3528     shall, in addition to any fines or fees otherwise imposed, order that the minor perform a

3529     minimum of 20 hours, but no more than 100 hours, of compensatory service.]
3530          (l) (i) The court may order a minor to complete community or compensatory service
3531     hours in accordance with Subsections (2)(j)(iv) and (v).
3532          (ii) When community service is ordered, the presumptive service order shall include
3533     between five and 10 hours of service.
3534          (iii) Satisfactory completion of an approved substance [abuse] use disorder prevention
3535     or treatment program or other court-ordered condition may be credited by the court as
3536     compensatory service hours.
3537          [(ii) When a minor is found within the jurisdiction of the juvenile court under Section
3538     78A-6-103 because of a violation of Section 32B-4-409 or Subsection 76-9-701(1), the court
3539     may, upon the first adjudication, and shall, upon a second or subsequent adjudication, order
3540     that the minor perform a minimum of 20 hours, but no more than 100 hours of compensatory
3541     service, in addition to any fines or fees otherwise imposed. Satisfactory completion of an
3542     approved substance abuse prevention or treatment program may be credited by the court as
3543     compensatory service hours.]
3544          [(iii)] (iv) When a minor is found within the jurisdiction of the juvenile court under
3545     Section 78A-6-103 because of a violation of Section 76-6-106 or 76-6-206 using graffiti, the
3546     court may order the minor to clean up graffiti created by the minor or any other person at a time
3547     and place within the jurisdiction of the court. Compensatory service [required] ordered under
3548     this section may be performed in the presence and under the direct supervision of the minor's
3549     parent or legal guardian. The parent or legal guardian shall report completion of the order to
3550     the court. [The minor or the minor's parent or legal guardian, if applicable, shall be responsible
3551     for removal costs as determined under Section 76-6-107, unless waived by the court for good
3552     cause.] The court may also require the minor to perform other alternative forms of restitution
3553     or repair to the damaged property pursuant to [Subsection 77-18-1(8)] Subsection (2)(h).
3554          [(A) For a first adjudication, the court may require the minor to clean up graffiti for not
3555     less than eight hours.]
3556          [(B) For a second adjudication, the court may require the minor to clean up graffiti for
3557     not less than 16 hours.]
3558          [(C) For a third adjudication, the court may require the minor to clean up graffiti for
3559     not less than 24 hours.]

3560          [(n)] (m) (i) Subject to Subsection (2)[(n)](m)(iii), the court may order that a minor:
3561          (A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
3562          (B) receive other special care.
3563          (ii) For purposes of receiving the examination, treatment, or care described in
3564     Subsection (2)[(n)](m)(i), the court may place the minor in a hospital or other suitable facility
3565     that is not a secure facility or secure detention.
3566          (iii) In determining whether to order the examination, treatment, or care described in
3567     Subsection (2)[(n)](m)(i), the court shall consider:
3568          (A) the desires of the minor;
3569          (B) if the minor is under the age of 18, the desires of the parents or guardian of the
3570     minor; and
3571          (C) whether the potential benefits of the examination, treatment, or care outweigh the
3572     potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
3573     function impairment, or emotional or physical harm resulting from the compulsory nature of
3574     the examination, treatment, or care.
3575          (iv) The Division of Child and Family Services shall take reasonable measures to
3576     notify a parent or guardian of any non-emergency health treatment or care scheduled for a
3577     child, shall include the parent or guardian as fully as possible in making health care decisions
3578     for the child, and shall defer to the parent's or guardian's reasonable and informed decisions
3579     regarding the child's health care to the extent that the child's health and well being are not
3580     unreasonably compromised by the parent's or guardian's decision.
3581          (v) The Division of Child and Family Services shall notify the parent or guardian of a
3582     child within five business days after a child in the custody of the Division of Child and Family
3583     Services receives emergency health care or treatment.
3584          (vi) The Division of Child and Family Services shall use the least restrictive means to
3585     accomplish a compelling interest in the care and treatment of a child described in this
3586     Subsection (2)[(n)](m).
3587          [(o)] (n) (i) The court may appoint a guardian for the minor if it appears necessary in
3588     the interest of the minor, and may appoint as guardian a public or private institution or agency,
3589     but not a nonsecure residential placement provider, in which legal custody of the minor is
3590     vested.

3591          (ii) In placing a minor under the guardianship or legal custody of an individual or of a
3592     private agency or institution, the court shall give primary consideration to the welfare of the
3593     minor. When practicable, the court may take into consideration the religious preferences of the
3594     minor and of a child's parents.
3595          [(p)] (o) (i) In support of a decree under Section 78A-6-103, the court may order
3596     reasonable conditions to be complied with by a minor's parents or guardian, [a minor,] a
3597     minor's custodian, or any other person who has been made a party to the proceedings.
3598     Conditions may include:
3599          (A) parent-time by the parents or one parent;
3600          (B) restrictions on the minor's associates;
3601          (C) restrictions on the minor's occupation and other activities; and
3602          (D) requirements to be observed by the parents or custodian.
3603          (ii) A minor whose parents or guardians successfully complete a family or other
3604     counseling program may be credited by the court for detention, confinement, or probation time.
3605          [(q)] (p) The court may order the child to be committed to the physical custody of a
3606     local mental health authority, in accordance with the procedures and requirements of Title 62A,
3607     Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
3608     Mental Health.
3609          [(r)] (q) (i) The court may make an order committing a minor within the court's
3610     jurisdiction to the Utah State Developmental Center if the minor has an intellectual disability in
3611     accordance with [the provisions of] Title 62A, Chapter 5, Part 3, Admission to an Intermediate
3612     Care Facility for People with an Intellectual Disability.
3613          (ii) The court shall follow the procedure applicable in the district courts with respect to
3614     judicial commitments to the Utah State Developmental Center when ordering a commitment
3615     under Subsection (2)[(r)](q)(i).
3616          [(s)] (r) The court may terminate all parental rights upon a finding of compliance with
3617     [the provisions of] Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act.
3618          [(t)] (s) The court may make [any] other reasonable orders for the best interest of the
3619     minor [or] and as required for the protection of the public, except that a child may not be
3620     committed to jail [or], prison, secure detention, or the custody of the Division of Juvenile
3621     Justice Services under Subsections (2)(c) and (d).

3622          [(u)] (t) The court may combine the dispositions listed in this section if it is permissible
3623     and they are compatible.
3624          [(v)] (u) Before depriving any parent of custody, the court shall give due consideration
3625     to the rights of parents concerning their child. The court may transfer custody of a minor to
3626     another person, agency, or institution in accordance with the requirements and procedures of
3627     Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
3628          [(w)] (v) Except as provided in Subsection (2)[(y)](x)(i), an order under this section for
3629     probation or placement of a minor with an individual or an agency shall include a date certain
3630     for a review and presumptive termination of the case by the court in accordance with
3631     Subsection (6) and Section 62A-7-404. A new date shall be set upon each review.
3632          [(x)] (w) In reviewing foster home placements, special attention shall be given to
3633     making adoptable children available for adoption without delay.
3634          [(y)] (x) (i) The juvenile court may enter an order of permanent custody and
3635     guardianship with an individual or relative of a child where the court has previously acquired
3636     jurisdiction as a result of an adjudication of abuse, neglect, or dependency. The juvenile court
3637     may enter an order for child support on behalf of the child against the natural or adoptive
3638     parents of the child.
3639          (ii) Orders under Subsection (2)[(y)](x)(i):
3640          (A) shall remain in effect until the child reaches majority;
3641          (B) are not subject to review under Section 78A-6-118; and
3642          (C) may be modified by petition or motion as provided in Section 78A-6-1103.
3643          (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
3644     permanent orders of custody and guardianship do not expire with a termination of jurisdiction
3645     of the juvenile court.
3646          (3) In addition to the dispositions described in Subsection (2), when a minor comes
3647     within the court's jurisdiction, the minor may be given a choice by the court to serve in the
3648     National Guard in lieu of other sanctions, provided:
3649          (a) the minor meets the current entrance qualifications for service in the National
3650     Guard as determined by a recruiter, whose determination is final;
3651          (b) the minor is not under the jurisdiction of the court for any act that:
3652          (i) would be a felony if committed by an adult;

3653          (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
3654          (iii) was committed with a weapon; and
3655          (c) the court retains jurisdiction over the minor under conditions set by the court and
3656     agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
3657          (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
3658     of the court as described in Subsection 53-10-403(3). The specimen shall be obtained by
3659     designated employees of the court or, if the minor is in the legal custody of the Division of
3660     Juvenile Justice Services, then by designated employees of the division under Subsection
3661     53-10-404(5)(b).
3662          (b) The responsible agency shall ensure that employees designated to collect the saliva
3663     DNA specimens receive appropriate training and that the specimens are obtained in accordance
3664     with accepted protocol.
3665          (c) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNA
3666     Specimen Restricted Account created in Section 53-10-407.
3667          (d) Payment of the reimbursement is second in priority to payments the minor is
3668     ordered to make for restitution under this section and treatment under Section 78A-6-321.
3669          (5) (a) A disposition made by the court pursuant to this section may not be suspended,
3670     except for the following:
3671          (i) If a minor qualifies for commitment to the Division of Juvenile Justice Services
3672     under Subsection (2)(c) or (d), the court may suspend a custody order pursuant to Subsection
3673     (2)(c) or (d) in lieu of immediate commitment, upon the condition that the minor commit no
3674     new misdemeanor or felony offense during the three months following the day of disposition.
3675          (ii) The duration of a suspended custody order made under Subsection (5)(a)(i) may not
3676     exceed three months post-disposition and may not be extended under any circumstance.
3677          (iii) The court may only impose a custody order suspended under Subsection (5)(a)(i)
3678     following adjudication of a new misdemeanor or felony offense committed by the minor during
3679     the period of suspension set out under Subsection (5)(a)(ii).
3680          (b) The court pursuant to Subsection (5)(a) shall terminate jurisdiction over the minor
3681     at the end of the presumptive time frame unless at least one the following circumstances exists:
3682          (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
3683     program determined to be necessary by the results of a validated risk and needs assessment

3684     with completion found by the court after considering the recommendation of a licensed service
3685     provider on the basis of the minor completing the goals of the necessary treatment program;
3686          (ii) the minor commits a new misdemeanor or felony offense;
3687          (iii) service hours have not been completed; or
3688          (iv) there is an outstanding fine.
3689          (6) When the court places a minor on probation under Subsection (2)(a) or vests legal
3690     custody of the minor in the Division of Juvenile Justice Services under Subsection (2)(c), the
3691     court shall do so for a defined period of time pursuant to this section.
3692          (a) For the purposes of placing a minor on probation under Subsection (2)(a), the court
3693     shall establish a presumptive term of probation as specified in this Subsection (6):
3694          (i) the presumptive maximum length of intake probation may not exceed three months;
3695     and
3696          (ii) the presumptive maximum length of formal probation may not exceed four to six
3697     months.
3698          (b) For the purposes of vesting legal custody of the minor in the Division of Juvenile
3699     Justice Services under Subsection (2)(c), the court shall establish a maximum term of custody
3700     and a maximum term of aftercare as specified in this Subsection (6):
3701          (i) the presumptive maximum length of out-of-home placement may not exceed three
3702     to six months; and
3703          (ii) the presumptive maximum length of aftercare supervision, for those previously
3704     placed out-of-home, may not exceed three to four months, and minors may serve the term of
3705     aftercare in the home of a qualifying relative or guardian or at an independent living program
3706     contracted or operated by the Division of Juvenile Justice Services.
3707          (c) The court pursuant to Subsections (6)(a) and (b), and the Youth Parole Authority
3708     pursuant to Subsection (6)(b), shall terminate jurisdiction over the minor at the end of the
3709     presumptive time frame unless at least one of the following circumstances exists:
3710          (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
3711     court ordered program determined to be necessary by the results of a validated assessment, with
3712     completion found by the court after considering the recommendations of a licensed service
3713     provider on the basis of the minor completing the goals of the necessary treatment program;
3714          (ii) termination pursuant to Subsection (6)(a)(i) or (6)(b) would interrupt the

3715     completion of a program determined to be necessary by the results of a validated assessment,
3716     with completion determined on the basis of whether the minor has regularly and consistently
3717     attended the treatment program and completed the goals of the necessary treatment program as
3718     determined by the Youth Parole Authority after considering the recommendation of a licensed
3719     service provider;
3720          (iii) the minor commits a new misdemeanor or felony offense;
3721          (iv) service hours have not been completed; or
3722          (v) there is an outstanding fine.
3723          (d) (i) Subject to Subsection (6)(g), if one of the circumstances under Subsection
3724     (6)(c)(i), (ii), (iii), or (iv) exists, the court may extend jurisdiction for the time needed to
3725     address the specific circumstance.
3726          (ii) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)(i),
3727     (ii), (iii), or (iv) exists, and the Youth Parole Authority has jurisdiction, the Youth Parole
3728     Authority may extend jurisdiction for the time needed to address the specific circumstance.
3729          (e) If the circumstance under Subsection (6)(c)(iv) exists, the court, or the Youth
3730     Parole Authority if the Youth Parole Authority has jurisdiction, may extend jurisdiction one
3731     time for up to three months.
3732          (f) Grounds for extension of the presumptive length of supervision or placement and
3733     the length of any extension shall be recorded in the court record or records of the Youth Parole
3734     Authority if the Youth Parole Authority has jurisdiction, and tracked in the data system used by
3735     the Administrative Office of the Courts and the Division of Juvenile Justice Services.
3736          (g) (i) For a minor who is under the supervision of the juvenile court and whose
3737     supervision is extended to complete service hours under Subsection (6)(c)(iv), jurisdiction may
3738     only be continued under the supervision of intake probation.
3739          (ii) For a minor who is under the jurisdiction of the Youth Parole Authority whose
3740     supervision is extended to complete service hours under Subsection (6)(c)(iv), jurisdiction may
3741     only be continued on parole and not in secure confinement.
3742          (h) In the event of an unauthorized leave lasting more than 24 hours, the supervision
3743     period shall toll until the minor returns.
3744          (7) Subsection (6) does not apply to any minor adjudicated under this section for:
3745          (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;

3746          (b) Section 76-5-202, attempted aggravated murder;
3747          (c) Section 76-5-203, murder or attempted murder;
3748          (d) Section 76-5-302, aggravated kidnapping;
3749          (e) Section 76-5-405, aggravated sexual assault;
3750          (f) a felony violation of Section 76-6-103, aggravated arson;
3751          (g) Section 76-6-203, aggravated burglary;
3752          (h) Section 76-6-302, aggravated robbery;
3753          (i) Section 76-10-508.1, felony discharge of a firearm; or
3754          (j) an offense other than those listed in Subsections (7)(a) through (i) involving the use
3755     of a dangerous weapon, as defined in Section 76-1-601, that is a felony, and the minor has been
3756     previously adjudicated or convicted of an offense involving the use of a dangerous weapon.
3757          Section 54. Section 78A-6-117.5 is enacted to read:
3758          78A-6-117.5. Custody in Division of Child and Family Services or in the Division
3759     of Juvenile Justice Services.
3760          (1) Notwithstanding Subsection 78A-6-117(2)(c), the court may not vest custody in the
3761     Division of Child and Family Services except pursuant to Title 78A, Chapter 6, Part 3, Abuse,
3762     Neglect, and Dependency Proceedings.
3763          (2) If the court finds that a child is at risk of being removed from the home or that the
3764     family is in crisis, the court may order the Division of Child and Family Services to conduct an
3765     assessment to determine if provision of in-home family preservation services is appropriate. If
3766     considered appropriate by the Division of Child and Family Services, services shall be
3767     provided pursuant to Section 62A-4a-202.
3768          (3) Notwithstanding Section 78A-6-117, a court may not place a minor on a ranch,
3769     forestry camp, or other residential work program for care or work.
3770          (4) Notwithstanding Section 78A-6-117, a court may not commit a minor to the
3771     temporary custody of the Division of Juvenile Justice Services for residential observation and
3772     evaluation or residential observation and assessment.
3773          Section 55. Section 78A-6-118 is amended to read:
3774          78A-6-118. Period of operation of judgment, decree, or order.
3775          [(1)] A judgment, order, or decree of the juvenile court does not operate after the minor
3776     becomes 21 years of age, except for:

3777          [(a)] (1) orders of commitment to the Utah State Developmental Center or to the
3778     custody of the Division of Substance Abuse and Mental Health;
3779          [(b)] (2) adoption orders under Subsection 78A-6-103(1); and
3780          [(c)] (3) orders permanently terminating the rights of a parent, guardian, or custodian,
3781     and permanent orders of custody and guardianships[; and].
3782          [(d) unless terminated by the court, orders to pay any fine or restitution.]
3783          [(2) (a) Except as provided in Part 3, Abuse, Neglect, and Dependency Proceedings, an
3784     order vesting legal custody or guardianship of a minor in an individual, agency, or institution
3785     may be for an indeterminate period. A review hearing shall be held, however, upon the
3786     expiration of 12 months, and, with regard to petitions filed by the Division of Child and Family
3787     Services, no less than once every six months thereafter. The individual, agency, or institution
3788     involved shall file the petition for that review hearing. The court may terminate the order, or
3789     after notice and hearing, continue the order if it finds continuation of the order necessary to
3790     safeguard the welfare of the minor or the public interest. The findings of the court and its
3791     reasons shall be entered with the continuation order or with the order denying continuation.]
3792          [(b) Subsection (2)(a) does not apply to minors who are in the custody of the Division
3793     of Child and Family Services, and who are placed in foster care, a secure youth corrections
3794     facility, the Division of Substance Abuse and Mental Health, the Utah State Developmental
3795     Center, or any agency licensed for child placements and adoptions, in cases where all parental
3796     rights of the natural parents have been terminated by the court under Part 5, Termination of
3797     Parental Rights Act, and custody of the minor has been granted to the agency for adoption or
3798     other permanent placement.]
3799          [(3) (a) An agency granted legal custody may determine where and with whom the
3800     minor will live, provided that placement of the minor does not remove him from the state
3801     without court approval.]
3802          [(b) An individual granted legal custody shall personally exercise the rights and
3803     responsibilities involved in legal custody, unless otherwise authorized by the court.]
3804          Section 56. Section 78A-6-119 is amended to read:
3805          78A-6-119. Modification of order or decree -- Requirements for changing or
3806     terminating custody, probation, or protective supervision.
3807          (1) The court may modify or set aside any order or decree made by [it] the court,

3808     except on and after July 1, 2018, the order or decree must be in accordance with Section
3809     78A-6-117 and Section 78A-6-123, however a modification of an order placing a minor on
3810     probation may not [be made upon an alleged violation of the terms of probation unless there
3811     has been a hearing in accordance with the procedures in Section 78A-6-1103.] include on and
3812     after July 1, 2018, an order:
3813          (a) under Subsection 78A-6-117(2)(c), (d), or (f); or
3814          (b) extending supervision, except pursuant to Subsection 78A-6-117(7).
3815          (2) Notice of the hearing shall be required in any case in which the effect of modifying
3816     or setting aside an order or decree may be to make any change in the minor's legal custody
3817     under Section 78A-6-1103 and pursuant to Section 78A-6-117.
3818          (3) (a) Notice of an order terminating probation or protective supervision of a child
3819     shall be given to the child's:
3820          (i) parents;
3821          (ii) guardian;
3822          (iii) custodian; and
3823          (iv) where appropriate, to the child.
3824          (b) Notice of an order terminating probation or protective supervision of a minor who
3825     is at least 18 years of age shall be given to the minor.
3826          Section 57. Section 78A-6-120 is amended to read:
3827          78A-6-120. Continuing jurisdiction of juvenile court -- Period of and termination
3828     of jurisdiction -- Notice of discharge from custody of local mental health authority or
3829     Utah State Developmental Center -- Transfer of continuing jurisdiction to other district.
3830          (1) Jurisdiction of a minor obtained by the court through adjudication under Section
3831     78A-6-117 continues for purposes of this chapter until [he] the minor becomes 21 years of age,
3832     unless terminated earlier[. However, the court, subject to Section 78A-6-121, retains
3833     jurisdiction beyond the age of 21 of a person who has refused or failed to pay any fine or victim
3834     restitution ordered by the court, but only for the purpose of causing compliance with existing
3835     orders] in accordance with Sections 62A-7-404 and 78A-6-117.
3836          (2) (a) The continuing jurisdiction of the court terminates:
3837          (i) upon order of the court;
3838          (ii) upon commitment to a secure [youth corrections] facility; [or]

3839          (iii) upon commencement of proceedings in adult cases under Section 78A-6-1001[.];
3840     or
3841          (iv) in accordance with Section 62A-7-404 and Section 78A-6-117.
3842          (b) The continuing jurisdiction of the court is not terminated by marriage.
3843          (c) Notwithstanding Subsection (2)(a)(ii), the court retains jurisdiction to make and
3844     enforce orders related to restitution until the youth parole authority discharges the youth
3845     offender.
3846          (3) When a minor has been committed by the court to the physical custody of a local
3847     mental health authority or its designee or to the Utah State Developmental Center, the local
3848     mental health authority or its designee or the superintendent of the Utah State Developmental
3849     Center shall give the court written notice of its intention to discharge, release, or parole the
3850     minor not fewer than five days [prior to] before the discharge, release, or parole.
3851          (4) Jurisdiction over a minor on probation or under protective supervision, or of a
3852     minor who is otherwise under the continuing jurisdiction of the court, may be transferred by the
3853     court to the court of another district, if the receiving court consents, or upon direction of the
3854     chair of the Board of Juvenile Court Judges. The receiving court has the same powers with
3855     respect to the minor that it would have if the proceedings originated in that court.
3856          (5) On and after July 1, 2018, a minor adjudicated under Section 78A-6-117 and who
3857     underwent a validated risk and needs assessment under Subsection 78A-6-117(1)(c) shall
3858     undergo a validated risk and needs assessment within seven days of the day on which an order
3859     terminating jurisdiction is issued.
3860          Section 58. Section 78A-6-121 is amended to read:
3861          78A-6-121. Entry of judgment for fine, fee, surcharge, or restitution.
3862          (1) If, [prior to] before the entry of any order terminating jurisdiction of a juvenile,
3863     there remains any unpaid balance for any fine, fee, or restitution ordered by the court, the court
3864     shall record all pertinent information in the juvenile's file [and].
3865          (2) The court may not transfer responsibility to collect [all] unpaid fines, fees,
3866     surcharges, and restitution to the Office of State Debt Collection.
3867          [(2) Before transferring the responsibility to collect any past due fines, the court shall
3868     reduce the order to a judgment listing the Office of State Debt Collection as the judgment
3869     creditor.]

3870          [(3) Before transferring the responsibility to collect any past due accounts receivable
3871     for restitution to a victim, the] The court shall reduce the restitution order to a judgment listing
3872     the victim, or the estate of the victim, as the judgment creditor.
3873          Section 59. Section 78A-6-123 is enacted to read:
3874          78A-6-123. Case planning and appropriate responses.
3875          (1) For a minor adjudicated and placed on probation or into the custody of the Division
3876     of Juvenile Justice Services under Section 78A-6-117, a case plan shall be created and shall be:
3877          (a) developed in collaboration with the minor and the minor's family;
3878          (b) individualized to the minor;
3879          (c) informed by the results of a validated risk and needs assessment; and
3880          (d) tailored to the minor's offense and history.
3881          (2) (a) The Administrative Office of the Courts and the Division of Juvenile Justice
3882     Services shall develop a statewide system of appropriate responses to guide responses to the
3883     behaviors of minors:
3884          (i) undergoing nonjudicial adjustments;
3885          (ii) under the jurisdiction of the juvenile court; and
3886          (iii) in the custody of the Division of Juvenile Justice Services.
3887          (b) The system of responses shall include both sanctions and incentives that:
3888          (i) are swift and certain;
3889          (ii) include a continuum of community based responses for minors living at home;
3890          (iii) target a minor's criminogenic risks and needs, as determined by the results of a
3891     validated risk and needs assessment, and the severity of the violation; and
3892          (iv) authorize earned discharge credits as one incentive for compliance.
3893          (c) After considering the guidelines established by the Sentencing Commission,
3894     pursuant to Section 63M-7-404, the system of appropriate responses under Subsections (2)(a)
3895     and (b) shall be developed.
3896          (3) A response to a compliant or noncompliant behavior under Subsection (2) shall be
3897     documented in the minor's case plan. Documentation shall include:
3898          (a) positive behaviors and incentives offered;
3899          (b) violations and corresponding sanctions; and
3900          (c) whether the minor has a subsequent violation after a sanction.

3901          (4) Before referring a minor to court for judicial review or to the Youth Parole
3902     Authority if the minor is under the jurisdiction of the Youth Parole Authority in response to a
3903     violation, either through a contempt filing under Section 78A-6-1101 or an order to show
3904     cause, pursuant to Subsections (2)(a) and (b), a pattern of appropriate responses shall be
3905     documented in the minor's case plan .
3906          (5) Notwithstanding Subsection (4), violations of protective orders or ex parte
3907     protection orders listed in Subsection 77-36-2.7(3) with victims and violations that constitute
3908     new delinquency offenses may be filed directly with the court.
3909          Section 60. Section 78A-6-124 is enacted to read:
3910          78A-6-124. Detention risk assessment tool.
3911          (1) The Division of Juvenile Justice Services, in conjunction with the Administrative
3912     Office of the Courts, shall develop or adopt, and validate on the Utah juvenile population, a
3913     statewide detention risk assessment tool.
3914          (2) The Division of Juvenile Justice Services shall administer the detention risk
3915     assessment tool for each youth under consideration for detention. The detention risk assessment
3916     tool shall be administered by a designated individual who has completed training to conduct
3917     the detention risk assessment tool.
3918          (3) The Division of Juvenile Justice Services and the Administrative Office of the
3919     Courts shall establish a scoring system to inform eligibility for placement in a juvenile
3920     detention facility or for referral to an alternative to detention.
3921          Section 61. Section 78A-6-302 is amended to read:
3922          78A-6-302. Court-ordered protective custody of a child following petition filing --
3923     Grounds.
3924          (1) After a petition has been filed under Section 78A-6-304, if the child who is the
3925     subject of the petition is not in the protective custody of the division, a court may order that the
3926     child be removed from the child's home or otherwise taken into protective custody if the court
3927     finds, by a preponderance of the evidence, that any one or more of the following circumstances
3928     exist:
3929          (a) (i) there is an imminent danger to the physical health or safety of the child; and
3930          (ii) the child's physical health or safety may not be protected without removing the
3931     child from the custody of the child's parent or guardian;

3932          (b) (i) a parent or guardian engages in or threatens the child with unreasonable conduct
3933     that causes the child to suffer harm; and
3934          (ii) there are no less restrictive means available by which the child's emotional health
3935     may be protected without removing the child from the custody of the child's parent or guardian;
3936          (c) the child or another child residing in the same household has been, or is considered
3937     to be at substantial risk of being, physically abused, sexually abused, or sexually exploited, by a
3938     parent or guardian, a member of the parent's or guardian's household, or other person known to
3939     the parent or guardian;
3940          (d) the parent or guardian is unwilling to have physical custody of the child;
3941          (e) the child is abandoned or left without any provision for the child's support;
3942          (f) a parent or guardian who has been incarcerated or institutionalized has not arranged
3943     or cannot arrange for safe and appropriate care for the child;
3944          (g) (i) a relative or other adult custodian with whom the child is left by the parent or
3945     guardian is unwilling or unable to provide care or support for the child;
3946          (ii) the whereabouts of the parent or guardian are unknown; and
3947          (iii) reasonable efforts to locate the parent or guardian are unsuccessful;
3948          (h) subject to [the provisions of] Subsections 78A-6-105[(27)](35)(d) and
3949     78A-6-117(2)[(n)] and Section 78A-6-301.5, the child is in immediate need of medical care;
3950          (i) (i) a parent's or guardian's actions, omissions, or habitual action create an
3951     environment that poses a serious risk to the child's health or safety for which immediate
3952     remedial or preventive action is necessary; or
3953          (ii) a parent's or guardian's action in leaving a child unattended would reasonably pose
3954     a threat to the child's health or safety;
3955          (j) the child or another child residing in the same household has been neglected;
3956          (k) the child's natural parent:
3957          (i) intentionally, knowingly, or recklessly causes the death of another parent of the
3958     child;
3959          (ii) is identified by a law enforcement agency as the primary suspect in an investigation
3960     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
3961          (iii) is being prosecuted for or has been convicted of intentionally, knowingly, or
3962     recklessly causing the death of another parent of the child;

3963          (l) an infant has been abandoned, as defined in Section 78A-6-316;
3964          (m) (i) the parent or guardian, or an adult residing in the same household as the parent
3965     or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab
3966     Act; and
3967          (ii) any clandestine laboratory operation was located in the residence or on the property
3968     where the child resided; or
3969          (n) the child's welfare is otherwise endangered.
3970          (2) (a) For purposes of Subsection (1)(a), if a child has previously been adjudicated as
3971     abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or dependency
3972     occurs involving the same substantiated abuser or under similar circumstance as the previous
3973     abuse, that fact constitutes prima facie evidence that the child cannot safely remain in the
3974     custody of the child's parent.
3975          (b) For purposes of Subsection (1)(c):
3976          (i) another child residing in the same household may not be removed from the home
3977     unless that child is considered to be at substantial risk of being physically abused, sexually
3978     abused, or sexually exploited as described in Subsection (1)(c) or Subsection (2)(b)(ii); and
3979          (ii) if a parent or guardian has received actual notice that physical abuse, sexual abuse,
3980     or sexual exploitation by a person known to the parent has occurred, and there is evidence that
3981     the parent or guardian failed to protect the child, after having received the notice, by allowing
3982     the child to be in the physical presence of the alleged abuser, that fact constitutes prima facie
3983     evidence that the child is at substantial risk of being physically abused, sexually abused, or
3984     sexually exploited.
3985          (3) (a) For purposes of Subsection (1), if the division files a petition under Section
3986     78A-6-304, the court shall consider the division's safety and risk assessments described in
3987     Section 62A-4a-203.1 to determine whether a child should be removed from the custody of the
3988     child's parent or guardian or should otherwise be taken into protective custody.
3989          (b) The division shall make a diligent effort to provide the safety and risk assessments
3990     described in Section 62A-4a-203.1 to the court, guardian ad litem, and counsel for the parent or
3991     guardian, as soon as practicable before the shelter hearing described in Section 78A-6-306.
3992          (4) In the absence of one of the factors described in Subsection (1), a court may not
3993     remove a child from the parent's or guardian's custody on the basis of:

3994          (a) educational neglect, truancy, or failure to comply with a court order to attend
3995     school;
3996          (b) mental illness or poverty of the parent or guardian; or
3997          (c) disability of the parent or guardian, as defined in Section 57-21-2.
3998          (5) A child removed from the custody of the child's parent or guardian under this
3999     section may not be placed or kept in a secure detention facility pending further court
4000     proceedings unless the child is detainable based on guidelines promulgated by the Division of
4001     Juvenile Justice Services.
4002          (6) This section does not preclude removal of a child from the child's home without a
4003     warrant or court order under Section 62A-4a-202.1.
4004          (7) (a) Except as provided in Subsection (7)(b), a court or the Division of Child and
4005     Family Services may not remove a child from the custody of the child's parent or guardian on
4006     the sole or primary basis that the parent or guardian refuses to consent to:
4007          (i) the administration of a psychotropic medication to a child;
4008          (ii) a psychiatric, psychological, or behavioral treatment for a child; or
4009          (iii) a psychiatric or behavioral health evaluation of a child.
4010          (b) Notwithstanding Subsection (7)(a), a court or the Division of Child and Family
4011     Services may remove a child under conditions that would otherwise be prohibited under
4012     Subsection (7)(a) if failure to take an action described under Subsection (7)(a) would present a
4013     serious, imminent risk to the child's physical safety or the physical safety of others.
4014          Section 62. Section 78A-6-306 is amended to read:
4015          78A-6-306. Shelter hearing.
4016          (1) A shelter hearing shall be held within 72 hours excluding weekends and holidays
4017     after any one or all of the following occur:
4018          (a) removal of the child from the child's home by the division;
4019          (b) placement of the child in the protective custody of the division;
4020          (c) emergency placement under Subsection 62A-4a-202.1(4);
4021          (d) as an alternative to removal of the child, a parent enters a domestic violence shelter
4022     at the request of the division; or
4023          (e) a "Motion for Expedited Placement in Temporary Custody" is filed under
4024     Subsection 78A-6-106(4).

4025          (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
4026     division shall issue a notice that contains all of the following:
4027          (a) the name and address of the person to whom the notice is directed;
4028          (b) the date, time, and place of the shelter hearing;
4029          (c) the name of the child on whose behalf a petition is being brought;
4030          (d) a concise statement regarding:
4031          (i) the reasons for removal or other action of the division under Subsection (1); and
4032          (ii) the allegations and code sections under which the proceeding has been instituted;
4033          (e) a statement that the parent or guardian to whom notice is given, and the child, are
4034     entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
4035     indigent and cannot afford an attorney, and desires to be represented by an attorney, one will be
4036     provided in accordance with the provisions of Section 78A-6-1111; and
4037          (f) a statement that the parent or guardian is liable for the cost of support of the child in
4038     the protective custody, temporary custody, and custody of the division, and the cost for legal
4039     counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
4040     ability of the parent or guardian.
4041          (3) The notice described in Subsection (2) shall be personally served as soon as
4042     possible, but no later than one business day after removal of the child from the child's home, or
4043     the filing of a "Motion for Expedited Placement in Temporary Custody" under Subsection
4044     78A-6-106(4), on:
4045          (a) the appropriate guardian ad litem; and
4046          (b) both parents and any guardian of the child, unless the parents or guardians cannot
4047     be located.
4048          (4) The following persons shall be present at the shelter hearing:
4049          (a) the child, unless it would be detrimental for the child;
4050          (b) the child's parents or guardian, unless the parents or guardian cannot be located, or
4051     fail to appear in response to the notice;
4052          (c) counsel for the parents, if one is requested;
4053          (d) the child's guardian ad litem;
4054          (e) the caseworker from the division who is assigned to the case; and
4055          (f) the attorney from the attorney general's office who is representing the division.

4056          (5) (a) At the shelter hearing, the court shall:
4057          (i) provide an opportunity to provide relevant testimony to:
4058          (A) the child's parent or guardian, if present; and
4059          (B) any other person having relevant knowledge; and
4060          (ii) subject to Section 78A-6-305, provide an opportunity for the child to testify.
4061          (b) The court:
4062          (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
4063     Procedure;
4064          (ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
4065     the requesting party, or their counsel; and
4066          (iii) may in its discretion limit testimony and evidence to only that which goes to the
4067     issues of removal and the child's need for continued protection.
4068          (6) If the child is in the protective custody of the division, the division shall report to
4069     the court:
4070          (a) the reason why the child was removed from the parent's or guardian's custody;
4071          (b) any services provided to the child and the child's family in an effort to prevent
4072     removal;
4073          (c) the need, if any, for continued shelter;
4074          (d) the available services that could facilitate the return of the child to the custody of
4075     the child's parent or guardian; and
4076          (e) subject to Subsections 78A-6-307(18)(c) through (e), whether any relatives of the
4077     child or friends of the child's parents may be able and willing to accept temporary placement of
4078     the child.
4079          (7) The court shall consider all relevant evidence provided by persons or entities
4080     authorized to present relevant evidence pursuant to this section.
4081          (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
4082     cause shown, the court may grant no more than one continuance, not to exceed five judicial
4083     days.
4084          (b) A court shall honor, as nearly as practicable, the request by a parent or guardian for
4085     a continuance under Subsection (8)(a).
4086          (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice

4087     described in Subsection (2) within the time described in Subsection (3), the court may grant the
4088     request of a parent or guardian for a continuance, not to exceed five judicial days.
4089          (9) (a) If the child is in the protective custody of the division, the court shall order that
4090     the child be returned to the custody of the parent or guardian unless it finds, by a
4091     preponderance of the evidence, consistent with the protections and requirements provided in
4092     Subsection 62A-4a-201(1), that any one of the following exists:
4093          (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
4094     safety of the child and the child's physical health or safety may not be protected without
4095     removing the child from the custody of the child's parent;
4096          (ii) (A) the child is suffering emotional damage that results in a serious impairment in
4097     the child's growth, development, behavior, or psychological functioning;
4098          (B) the parent or guardian is unwilling or unable to make reasonable changes that
4099     would sufficiently prevent future damage; and
4100          (C) there are no reasonable means available by which the child's emotional health may
4101     be protected without removing the child from the custody of the child's parent or guardian;
4102          (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
4103     not removed from the custody of the child's parent or guardian;
4104          (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
4105     household has been, or is considered to be at substantial risk of being, physically abused,
4106     sexually abused, or sexually exploited by a:
4107          (A) parent or guardian;
4108          (B) member of the parent's household or the guardian's household; or
4109          (C) person known to the parent or guardian;
4110          (v) the parent or guardian is unwilling to have physical custody of the child;
4111          (vi) the child is without any provision for the child's support;
4112          (vii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe
4113     and appropriate care for the child;
4114          (viii) (A) a relative or other adult custodian with whom the child is left by the parent or
4115     guardian is unwilling or unable to provide care or support for the child;
4116          (B) the whereabouts of the parent or guardian are unknown; and
4117          (C) reasonable efforts to locate the parent or guardian are unsuccessful;

4118          (ix) subject to Subsections 78A-6-105[(27)](35)(d) and 78A-6-117(2)[(n)] and Section
4119     78A-6-301.5, the child is in immediate need of medical care;
4120          (x) (A) the physical environment or the fact that the child is left unattended beyond a
4121     reasonable period of time poses a threat to the child's health or safety; and
4122          (B) the parent or guardian is unwilling or unable to make reasonable changes that
4123     would remove the threat;
4124          (xi) (A) the child or a minor residing in the same household has been neglected; and
4125          (B) the parent or guardian is unwilling or unable to make reasonable changes that
4126     would prevent the neglect;
4127          (xii) the parent, guardian, or an adult residing in the same household as the parent or
4128     guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act,
4129     and any clandestine laboratory operation was located in the residence or on the property where
4130     the child resided;
4131          (xiii) (A) the child's welfare is substantially endangered; and
4132          (B) the parent or guardian is unwilling or unable to make reasonable changes that
4133     would remove the danger; or
4134          (xiv) the child's natural parent:
4135          (A) intentionally, knowingly, or recklessly causes the death of another parent of the
4136     child;
4137          (B) is identified by a law enforcement agency as the primary suspect in an investigation
4138     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
4139          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4140     recklessly causing the death of another parent of the child.
4141          (b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
4142     established if:
4143          (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
4144     involving the parent; and
4145          (B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
4146          (ii) For purposes of Subsection (9)(a)(iv), if the court finds that the parent knowingly
4147     allowed the child to be in the physical care of a person after the parent received actual notice
4148     that the person physically abused, sexually abused, or sexually exploited the child, that fact

4149     constitutes prima facie evidence that there is a substantial risk that the child will be physically
4150     abused, sexually abused, or sexually exploited.
4151          (10) (a) (i) The court shall also make a determination on the record as to whether
4152     reasonable efforts were made to prevent or eliminate the need for removal of the child from the
4153     child's home and whether there are available services that would prevent the need for continued
4154     removal.
4155          (ii) If the court finds that the child can be safely returned to the custody of the child's
4156     parent or guardian through the provision of those services, the court shall place the child with
4157     the child's parent or guardian and order that those services be provided by the division.
4158          (b) In making the determination described in Subsection (10)(a), and in ordering and
4159     providing services, the child's health, safety, and welfare shall be the paramount concern, in
4160     accordance with federal law.
4161          (11) Where the division's first contact with the family occurred during an emergency
4162     situation in which the child could not safely remain at home, the court shall make a finding that
4163     any lack of preplacement preventive efforts was appropriate.
4164          (12) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
4165     abuse, or severe neglect are involved, neither the division nor the court has any duty to make
4166     "reasonable efforts" or to, in any other way, attempt to maintain a child in the child's home,
4167     return a child to the child's home, provide reunification services, or attempt to rehabilitate the
4168     offending parent or parents.
4169          (13) The court may not order continued removal of a child solely on the basis of
4170     educational neglect as described in Subsection 78A-6-105[(27)](35)(b), truancy, or failure to
4171     comply with a court order to attend school.
4172          (14) (a) Whenever a court orders continued removal of a child under this section, the
4173     court shall state the facts on which that decision is based.
4174          (b) If no continued removal is ordered and the child is returned home, the court shall
4175     state the facts on which that decision is based.
4176          (15) If the court finds that continued removal and temporary custody are necessary for
4177     the protection of a child pursuant to Subsection (9)(a), the court shall order continued removal
4178     regardless of:
4179          (a) any error in the initial removal of the child;

4180          (b) the failure of a party to comply with notice provisions; or
4181          (c) any other procedural requirement of this chapter or Title 62A, Chapter 4a, Child
4182     and Family Services.
4183          Section 63. Section 78A-6-312 is amended to read:
4184          78A-6-312. Dispositional hearing -- Reunification services -- Exceptions.
4185          (1) The court may:
4186          (a) make any of the dispositions described in Section 78A-6-117;
4187          (b) place the minor in the custody or guardianship of any:
4188          (i) individual; or
4189          (ii) public or private entity or agency; or
4190          (c) order:
4191          (i) protective supervision;
4192          (ii) family preservation;
4193          (iii) subject to Subsections (12)(b), 78A-6-105[(27)](35)(d), and 78A-6-117(2)[(n)]
4194     and Section 78A-6-301.5, medical or mental health treatment; or
4195          (iv) other services.
4196          (2) Whenever the court orders continued removal at the dispositional hearing, and that
4197     the minor remain in the custody of the division, the court shall first:
4198          (a) establish a primary permanency plan for the minor; and
4199          (b) determine whether, in view of the primary permanency plan, reunification services
4200     are appropriate for the minor and the minor's family, pursuant to Subsections (20) through (22).
4201          (3) Subject to Subsections (6) and (7), if the court determines that reunification
4202     services are appropriate for the minor and the minor's family, the court shall provide for
4203     reasonable parent-time with the parent or parents from whose custody the minor was removed,
4204     unless parent-time is not in the best interest of the minor.
4205          (4) In cases where obvious sexual abuse, sexual exploitation, abandonment, severe
4206     abuse, or severe neglect are involved, neither the division nor the court has any duty to make
4207     "reasonable efforts" or to, in any other way, attempt to provide reunification services, or to
4208     attempt to rehabilitate the offending parent or parents.
4209          (5) In all cases, the minor's health, safety, and welfare shall be the court's paramount
4210     concern in determining whether reasonable efforts to reunify should be made.

4211          (6) For purposes of Subsection (3), parent-time is in the best interests of a minor unless
4212     the court makes a finding that it is necessary to deny parent-time in order to:
4213          (a) protect the physical safety of the minor;
4214          (b) protect the life of the minor; or
4215          (c) prevent the minor from being traumatized by contact with the parent due to the
4216     minor's fear of the parent in light of the nature of the alleged abuse or neglect.
4217          (7) Notwithstanding Subsection (3), a court may not deny parent-time based solely on a
4218     parent's failure to:
4219          (a) prove that the parent has not used legal or illegal substances; or
4220          (b) comply with an aspect of the child and family plan that is ordered by the court.
4221          (8) (a) In addition to the primary permanency plan, the court shall establish a
4222     concurrent permanency plan that shall include:
4223          (i) a representative list of the conditions under which the primary permanency plan will
4224     be abandoned in favor of the concurrent permanency plan; and
4225          (ii) an explanation of the effect of abandoning or modifying the primary permanency
4226     plan.
4227          (b) In determining the primary permanency plan and concurrent permanency plan, the
4228     court shall consider:
4229          (i) the preference for kinship placement over nonkinship placement;
4230          (ii) the potential for a guardianship placement if the parent-child relationship is legally
4231     terminated and no appropriate adoption placement is available; and
4232          (iii) the use of an individualized permanency plan, only as a last resort.
4233          (9) A permanency hearing shall be conducted in accordance with Subsection
4234     78A-6-314(1)(b) within 30 days after the day on which the dispositional hearing ends if
4235     something other than reunification is initially established as a minor's primary permanency
4236     plan.
4237          (10) (a) The court may amend a minor's primary permanency plan before the
4238     establishment of a final permanency plan under Section 78A-6-314.
4239          (b) The court is not limited to the terms of the concurrent permanency plan in the event
4240     that the primary permanency plan is abandoned.
4241          (c) If, at any time, the court determines that reunification is no longer a minor's primary

4242     permanency plan, the court shall conduct a permanency hearing in accordance with Section
4243     78A-6-314 on or before the earlier of:
4244          (i) 30 days after the day on which the court makes the determination described in this
4245     Subsection (10)(c); or
4246          (ii) the day on which the provision of reunification services, described in Section
4247     78A-6-314, ends.
4248          (11) (a) If the court determines that reunification services are appropriate, [it] the court
4249     shall order that the division make reasonable efforts to provide services to the minor and the
4250     minor's parent for the purpose of facilitating reunification of the family, for a specified period
4251     of time.
4252          (b) In providing the services described in Subsection (11)(a), the minor's health, safety,
4253     and welfare shall be the division's paramount concern, and the court shall so order.
4254          (12) (a) The court shall:
4255          (i) determine whether the services offered or provided by the division under the child
4256     and family plan constitute "reasonable efforts" on the part of the division;
4257          (ii) determine and define the responsibilities of the parent under the child and family
4258     plan in accordance with Subsection 62A-4a-205(6)(e); and
4259          (iii) identify verbally on the record, or in a written document provided to the parties,
4260     the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
4261     determination regarding the provision of reasonable efforts, in accordance with state and
4262     federal law.
4263          (b) If the parent is in a substance [abuse] use disorder treatment program, other than a
4264     certified drug court program:
4265          (i) the court may order the parent to submit to supplementary drug or alcohol testing in
4266     addition to the testing recommended by the parent's substance [abuse] use disorder program
4267     based on a finding of reasonable suspicion that the parent is abusing drugs or alcohol; and
4268          (ii) the court may order the parent to provide the results of drug or alcohol testing
4269     recommended by the substance [abuse] use disorder program to the court or division.
4270          (13) (a) The time period for reunification services may not exceed 12 months from the
4271     date that the minor was initially removed from the minor's home, unless the time period is
4272     extended under Subsection 78A-6-314(7).

4273          (b) Nothing in this section may be construed to entitle any parent to an entire 12
4274     months of reunification services.
4275          (14) (a) If reunification services are ordered, the court may terminate those services at
4276     any time.
4277          (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
4278     to be inconsistent with the final permanency plan for the minor established pursuant to Section
4279     78A-6-314, then measures shall be taken, in a timely manner, to:
4280          (i) place the minor in accordance with the permanency plan; and
4281          (ii) complete whatever steps are necessary to finalize the permanent placement of the
4282     minor.
4283          (15) Any physical custody of the minor by the parent or a relative during the period
4284     described in Subsections (11) through (14) does not interrupt the running of the period.
4285          (16) (a) If reunification services are ordered, a permanency hearing shall be conducted
4286     by the court in accordance with Section 78A-6-314 at the expiration of the time period for
4287     reunification services.
4288          (b) The permanency hearing shall be held no later than 12 months after the original
4289     removal of the minor.
4290          (c) If reunification services are not ordered, a permanency hearing shall be conducted
4291     within 30 days, in accordance with Section 78A-6-314.
4292          (17) With regard to a minor in the custody of the division whose parent or parents are
4293     ordered to receive reunification services but who have abandoned that minor for a period of six
4294     months from the date that reunification services were ordered:
4295          (a) the court shall terminate reunification services; and
4296          (b) the division shall petition the court for termination of parental rights.
4297          (18) When a court conducts a permanency hearing for a minor under Section
4298     78A-6-314, the court shall attempt to keep the minor's sibling group together if keeping the
4299     sibling group together is:
4300          (a) practicable; and
4301          (b) in accordance with the best interest of the minor.
4302          (19) (a) Because of the state's interest in and responsibility to protect and provide
4303     permanency for minors who are abused, neglected, or dependent, the Legislature finds that a

4304     parent's interest in receiving reunification services is limited.
4305          (b) The court may determine that:
4306          (i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
4307     based on the individual circumstances; and
4308          (ii) reunification services should not be provided.
4309          (c) In determining "reasonable efforts" to be made with respect to a minor, and in
4310     making "reasonable efforts," the minor's health, safety, and welfare shall be the paramount
4311     concern.
4312          (20) There is a presumption that reunification services should not be provided to a
4313     parent if the court finds, by clear and convincing evidence, that any of the following
4314     circumstances exist:
4315          (a) the whereabouts of the parents are unknown, based upon a verified affidavit
4316     indicating that a reasonably diligent search has failed to locate the parent;
4317          (b) subject to Subsection (21)(a), the parent is suffering from a mental illness of such
4318     magnitude that it renders the parent incapable of utilizing reunification services;
4319          (c) the minor was previously adjudicated as an abused child due to physical abuse,
4320     sexual abuse, or sexual exploitation, and following the adjudication the minor:
4321          (i) was removed from the custody of the minor's parent;
4322          (ii) was subsequently returned to the custody of the parent; and
4323          (iii) is being removed due to additional physical abuse, sexual abuse, or sexual
4324     exploitation;
4325          (d) the parent:
4326          (i) caused the death of another minor through abuse or neglect;
4327          (ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
4328          (A) murder or manslaughter of a child; or
4329          (B) child abuse homicide;
4330          (iii) committed sexual abuse against the child;
4331          (iv) is a registered sex offender or required to register as a sex offender; or
4332          (v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
4333     child;
4334          (B) is identified by a law enforcement agency as the primary suspect in an investigation

4335     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
4336          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4337     recklessly causing the death of another parent of the child;
4338          (e) the minor suffered severe abuse by the parent or by any person known by the
4339     parent, if the parent knew or reasonably should have known that the person was abusing the
4340     minor;
4341          (f) the minor is adjudicated an abused child as a result of severe abuse by the parent,
4342     and the court finds that it would not benefit the minor to pursue reunification services with the
4343     offending parent;
4344          (g) the parent's rights are terminated with regard to any other minor;
4345          (h) the minor was removed from the minor's home on at least two previous occasions
4346     and reunification services were offered or provided to the family at those times;
4347          (i) the parent has abandoned the minor for a period of six months or longer;
4348          (j) the parent permitted the child to reside, on a permanent or temporary basis, at a
4349     location where the parent knew or should have known that a clandestine laboratory operation
4350     was located;
4351          (k) except as provided in Subsection (21)(b), with respect to a parent who is the child's
4352     birth mother, the child has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
4353     exposed to an illegal or prescription drug that was abused by the child's mother while the child
4354     was in utero, if the child was taken into division custody for that reason, unless the mother
4355     agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
4356     substance [abuse] use disorder treatment program approved by the department; or
4357          (l) any other circumstance that the court determines should preclude reunification
4358     efforts or services.
4359          (21) (a) The finding under Subsection (20)(b) shall be based on competent evidence
4360     from at least two medical or mental health professionals, who are not associates, establishing
4361     that, even with the provision of services, the parent is not likely to be capable of adequately
4362     caring for the minor within 12 months after the day on which the court finding is made.
4363          (b) A judge may disregard the provisions of Subsection (20)(k) if the court finds, under
4364     the circumstances of the case, that the substance [abuse] use disorder treatment described in
4365     Subsection (20)(k) is not warranted.

4366          (22) In determining whether reunification services are appropriate, the court shall take
4367     into consideration:
4368          (a) failure of the parent to respond to previous services or comply with a previous child
4369     and family plan;
4370          (b) the fact that the minor was abused while the parent was under the influence of
4371     drugs or alcohol;
4372          (c) any history of violent behavior directed at the child or an immediate family
4373     member;
4374          (d) whether a parent continues to live with an individual who abused the minor;
4375          (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
4376          (f) testimony by a competent professional that the parent's behavior is unlikely to be
4377     successful; and
4378          (g) whether the parent has expressed an interest in reunification with the minor.
4379          (23) (a) If reunification services are not ordered pursuant to Subsections (19) through
4380     (21), and the whereabouts of a parent become known within six months after the day on which
4381     the out-of-home placement of the minor is made, the court may order the division to provide
4382     reunification services.
4383          (b) The time limits described in Subsections (2) through (18) are not tolled by the
4384     parent's absence.
4385          (24) (a) If a parent is incarcerated or institutionalized, the court shall order reasonable
4386     services unless [it] the court determines that those services would be detrimental to the minor.
4387          (b) In making the determination described in Subsection (24)(a), the court shall
4388     consider:
4389          (i) the age of the minor;
4390          (ii) the degree of parent-child bonding;
4391          (iii) the length of the sentence;
4392          (iv) the nature of the treatment;
4393          (v) the nature of the crime or illness;
4394          (vi) the degree of detriment to the minor if services are not offered;
4395          (vii) for a minor 10 years old or older, the minor's attitude toward the implementation
4396     of family reunification services; and

4397          (viii) any other appropriate factors.
4398          (c) Reunification services for an incarcerated parent are subject to the time limitations
4399     imposed in Subsections (2) through (18).
4400          (d) Reunification services for an institutionalized parent are subject to the time
4401     limitations imposed in Subsections (2) through (18), unless the court determines that continued
4402     reunification services would be in the minor's best interest.
4403          (25) If, pursuant to Subsections (20)(b) through (l), the court does not order
4404     reunification services, a permanency hearing shall be conducted within 30 days, in accordance
4405     with Section 78A-6-314.
4406          Section 64. Section 78A-6-401 is amended to read:
4407          78A-6-401. Attorney general responsibility.
4408          [(1) The processes and procedures described in Part 3, Abuse, Neglect, and
4409     Dependency Proceedings, designed to meet the needs of minors who are abused or neglected,
4410     are not applicable to a minor who is committed to the custody of the Division of Child and
4411     Family Services on a basis other than abuse or neglect and who are classified in the division's
4412     management information system as having been placed in custody primarily on the basis of
4413     delinquent behavior or a status offense.]
4414          [(2) The procedures described in Subsection 78A-6-118(2)(a) are applicable to a minor
4415     described in Subsection (1).]
4416          [(3) The court may appoint a guardian ad litem to represent the interests of a minor
4417     described in Subsection (1), upon request of the minor or the minor's parent or guardian.]
4418          [(4) As of July 1, 1998, the]
4419          The attorney general's office shall represent the Division of Child and Family Services
4420     with regard to actions involving a minor who has not been adjudicated as abused or neglected,
4421     but who is [otherwise committed to the custody of the division by the juvenile court, and who
4422     is classified in the division's management information system as having been placed in custody
4423     primarily on the basis of delinquent behavior or a status offense. Nothing in Subsection (3)
4424     may be construed to affect the responsibility of the county attorney or district attorney to
4425     represent the state in those matters, in accordance with the provisions of Section 78A-6-115]
4426     ordered to complete in-home family services under Section 78A-6-117.5.
4427          Section 65. Section 78A-6-602 is amended to read:

4428          78A-6-602. Petition -- Preliminary inquiry -- Nonjudicial adjustments -- Formal
4429     referral -- Citation -- Failure to appear.
4430          (1) A proceeding in a minor's case is commenced by petition, except as provided in
4431     Sections 78A-6-701, 78A-6-702, and 78A-6-703.
4432          [(2) (a) A peace officer or any public official of the state, any county, city, or town
4433     charged with the enforcement of the laws of the state or local jurisdiction shall file a formal
4434     referral with the juvenile court within 10 days of a minor's arrest. If the arrested minor is taken
4435     to a detention facility, the formal referral shall be filed with the juvenile court within 72 hours,
4436     excluding weekends and holidays. There shall be no requirement to file a formal referral with
4437     the juvenile court on an offense that would be a class B misdemeanor or less if committed by
4438     an adult .]
4439          (2) (a) A peace officer or a public official of the state, a county, city, or town charged
4440     with the enforcement of the laws of the state or local jurisdiction shall file a formal referral
4441     with the juvenile court within 10 days of a minor's arrest. If the arrested minor is taken to a
4442     detention facility, the formal referral shall be filed with the juvenile court within 72 hours,
4443     excluding weekends and holidays. A formal referral under Section 53A-11-911 may not be
4444     filed with the juvenile court on an offense unless the offense is subject to referral under Section
4445     53A-11-911.
4446          (b) When the court is informed by a peace officer or other person that a minor is or
4447     appears to be within the court's jurisdiction, the probation department shall make a preliminary
4448     inquiry to determine whether [the interests of the public or of the minor require that further
4449     action be taken. (c) (i) Based on the preliminary inquiry, the court may authorize the filing of or
4450     request that the county attorney or district attorney as provided under Section 17-18a-202 or
4451     17-18a-203 file a petition. (ii) In its discretion, the court may, through its probation
4452     department,] the minor is eligible to enter into a written consent agreement with the [minor]
4453     probation department and, if the minor is a child, the minor's parent, guardian, or custodian for
4454     the nonjudicial adjustment of the case [if the facts are admitted and establish prima facie
4455     jurisdiction.] pursuant to this Subsection (2). The court's probation department shall offer a
4456     nonjudicial adjustment if the minor:
4457          (i) is referred with a misdemeanor, infraction, or status offense;
4458          (ii) has fewer than three prior adjudications; and

4459          (iii) has no more than three prior unsuccessful nonjudicial adjustment attempts.
4460          (c) (i) Notwithstanding Subsection (2)(b), the probation department may conduct a
4461     validated risk and needs assessment, and if the results of that assessment indicate the youth is
4462     high risk, the probation department may request that the prosecutor review the referral pursuant
4463     to Subsection (2)(g) to determine whether to dismiss the referral or file a petition instead of
4464     offering a nonjudicial adjustment.
4465          (ii) The court's probation department, may offer a nonjudicial adjustment to any other
4466     minor who does not meet the criteria provided in Subsection (2)(b).
4467          (iii) Acceptance of an offer of nonjudicial adjustment may not be predicated on an
4468     admission of guilt.
4469          (iv) A minor may not be denied an offer of nonjudicial adjustment due to an inability to
4470     pay a financial penalty under Subsection (2)(d).
4471          [(iii)] (v) Efforts to effect a nonjudicial adjustment may not extend for a period of more
4472     than 90 days without leave of a judge of the court, who may extend the period for an additional
4473     90 days.
4474          (d) The nonjudicial adjustment of a case may include conditions agreed upon as part of
4475     the nonjudicial closure:
4476          (i) payment of a financial penalty of not more than $250 to the juvenile court subject to
4477     the terms established under Subsection (2)(e);
4478          (ii) payment of victim restitution;
4479          (iii) satisfactory completion of compensatory service;
4480          (iv) referral to an appropriate provider for counseling or treatment;
4481          (v) attendance at substance [abuse] use disorder programs or counseling programs;
4482          (vi) compliance with specified restrictions on activities and associations; and
4483          (vii) other reasonable actions that are in the interest of the child or minor and the
4484     community.
4485          [(e) Proceedings involving offenses under Section 78A-6-606 are governed by that
4486     section regarding suspension of driving privileges.]
4487          (e) A fee, fine, or restitution included in a nonjudicial closure in accordance with
4488     Subsection (2)(d) shall be based upon the ability of the minor's family to pay as determined by
4489     a statewide sliding scale developed as provided in Section 63M-7-208 on and after July 1,

4490     2018.
4491          (f) If a minor fails to substantially comply with the conditions agreed upon as part of
4492     the nonjudicial closure, or if a minor is not offered or declines a nonjudicial adjustment
4493     pursuant to Subsection (2)(b) or (2)(c)(ii), the prosecutor shall review the case and take one of
4494     the following actions:
4495          (i) dismiss the case;
4496          (ii) refer the case back to the probation department for a new attempt at nonjudicial
4497     adjustment; or
4498          (iii) in accordance with Subsections (2)(h), file a petition with the court.
4499          (g) Notwithstanding Subsection (2)(f), a petition may only be filed upon reasonable
4500     belief that:
4501          (i) the charges are supported by probable cause;
4502          (ii) admissible evidence will be sufficient to support conviction beyond a reasonable
4503     doubt; and
4504          (iii) the decision to charge is in the interests of justice.
4505          (h) Failure to a pay a fine or fee may not serve as a basis for filing of a petition under
4506     Subsection (2)(f)(iii) if the minor has substantially complied with the other conditions agreed
4507     upon in accordance with Subsection (2)(d) or those imposed through any other court diversion
4508     program.
4509          [(f)] (i) A violation of Section 76-10-105 that is subject to the jurisdiction of the
4510     juvenile court [shall] may include a [minimum] fine or penalty [of $60] and participation in a
4511     court-approved tobacco education program, which may include a participation fee.
4512          (j) If the prosecutor files a petition in court, the court may refer the case to the
4513     probation department for another offer of nonjudicial adjustment.
4514          (3) Except as provided in Sections 78A-6-701 and 78A-6-702, in the case of a minor
4515     14 years of age or older, the county attorney, district attorney, or attorney general may
4516     commence an action by filing a criminal information and a motion requesting the juvenile court
4517     to waive its jurisdiction and certify the minor to the district court.
4518          (4) (a) In cases of violations of wildlife laws, boating laws, class B and class C
4519     misdemeanors, other infractions or misdemeanors as designated by general order of the Board
4520     of Juvenile Court Judges, and violations of Section 76-10-105 subject to the jurisdiction of the

4521     juvenile court, a petition is not required and the issuance of a citation as provided in Section
4522     78A-6-603 is sufficient to invoke the jurisdiction of the court. A preliminary inquiry is [not]
4523     required [unless requested by the court].
4524          (b) Any failure to comply with the time deadline on a formal referral may not be the
4525     basis of dismissing the formal referral.
4526          Section 66. Section 78A-6-603 is amended to read:
4527          78A-6-603. Citation procedure -- Citation -- Offenses -- Time limits -- Failure to
4528     appear.
4529          (1) As used in this section, "citation" means an abbreviated referral and is sufficient to
4530     invoke the jurisdiction of the court in lieu of a petition.
4531          (2) A citation shall be submitted to the court within five days of [its] issuance.
4532          (3) [Each] A copy of the citation shall contain:
4533          (a) the name and address of the juvenile court before which the minor [is] may be
4534     required to appear;
4535          (b) the name of the minor cited;
4536          (c) the statute or local ordinance that is alleged to have been violated;
4537          (d) a brief description of the offense charged;
4538          (e) the date, time, and location at which the offense is alleged to have occurred;
4539          (f) the date the citation was issued;
4540          (g) the name and badge or identification number of the peace officer or public official
4541     who issued the citation;
4542          (h) the name of the arresting person if an arrest was made by a private party and the
4543     citation was issued in lieu of taking the arrested minor into custody as provided in Section
4544     78A-6-112;
4545          (i) the date and time when the minor is to appear, or a statement that the minor and
4546     parent or legal guardian are to appear when notified by the juvenile court; and
4547          (j) the signature of the minor and the parent or legal guardian, if present, agreeing to
4548     appear at the juvenile court as designated on the citation.
4549          (4) [Each] A copy of the citation shall contain space for the following information to
4550     be entered if known:
4551          (a) the minor's address;

4552          (b) the minor's date of birth;
4553          (c) the name and address of the child's custodial parent or legal guardian, if different
4554     from the child; and
4555          (d) if there is a victim, the victim's name, address, and an estimate of loss, except that
4556     this information shall be removed from the documents the minor receives.
4557          (5) A citation received by the court beyond the time designated in Subsection (2) shall
4558     include a written explanation for the delay.
4559          (6) [The] In accordance with Section 53A-11-911, the following offenses may be sent
4560     to the juvenile court as a citation:
4561          (a) violations of wildlife laws;
4562          (b) violations of boating laws;
4563          (c) violations of curfew laws;
4564          (d) any class B misdemeanor or less traffic violations where the person is under the age
4565     of 16;
4566          (e) any class B or class C misdemeanor or infraction;
4567          (f) any other infraction or misdemeanor as designated by general order of the Board of
4568     Juvenile Court Judges; and
4569          (g) violations of Section 76-10-105 subject to the jurisdiction of the juvenile court.
4570          [(7) A preliminary inquiry is not required unless requested by the court.]
4571          [(8) The provisions of Subsection (5) may not apply to a runaway, ungovernable, or
4572     habitually truant child.]
4573          [(9) In the case of Section 76-10-105 violations committed on school property when a
4574     citation is issued under this section, the peace officer, public official, or compliance officer
4575     shall issue one copy to the minor cited, provide the parent or legal guardian with a copy, and
4576     file a duplicate with the juvenile court specified in the citation within five days.]
4577          (7) A minor offense defined under Section 78A-6-1202, alleged to have been
4578     committed by an enrolled child on school property or related to school attendance, may only be
4579     sent to the prosecutor or the juvenile court in accordance with Section 53A-11-911.
4580          (8) A preliminary inquiry by the prosecutor, and if appropriate, the court, under Section
4581     78A-6-117 is required.
4582          (9) Subsection (5) may not apply to a runaway child.

4583          (10) (a) A minor receiving a citation described in this section shall appear at the
4584     juvenile court designated in the citation on the time and date specified in the citation or when
4585     notified by the juvenile court.
4586          (b) A citation may not require a minor to appear sooner than five days following its
4587     issuance.
4588          (11) A minor who receives a citation and willfully fails to appear before the juvenile
4589     court pursuant to a citation [is subject to arrest and] may be found in contempt of court. The
4590     court may proceed against the minor as provided in Section 78A-6-1101 [regardless of the
4591     disposition of the offense upon which the minor was originally cited].
4592          (12) When a citation is issued under this section, bail may be posted and forfeited
4593     under [Subsection] Section 78A-6-113[(12)] with the consent of:
4594          (a) the court; and
4595          (b) if the minor is a child, the parent or legal guardian of the child cited.
4596          Section 67. Section 78A-6-604 is amended to read:
4597          78A-6-604. Minor held in detention -- Credit for good behavior.
4598          (1) [The judge may order whether a] A minor held in detention under Subsection
4599     78A-6-117(2)(f) [or 78A-6-1101(3)] is eligible to receive credit for good behavior against the
4600     period of detention. The rate of credit is one day for every three days served. The Division of
4601     Juvenile Justice Services shall, in accordance with Title 63G, Chapter 3, Utah Administrative
4602     Rulemaking Act, establish rules describing good behavior for which credit may be earned.
4603          (2) Any disposition including detention under Subsection 78A-6-117(2)(f) [or
4604     78A-6-1101(3)] shall be concurrent with any other order of detention.
4605          Section 68. Section 78A-6-606 is amended to read:
4606          78A-6-606. Suspension of license for certain offenses.
4607          (1) This section applies to a minor who is at least [13 years of age] the age eligible for
4608     a driver license under Section 53-3-204 when found by the court to be within its jurisdiction by
4609     the commission of an offense under:
4610          (a) Section 32B-4-409;
4611          (b) Section 32B-4-410;
4612          (c) Section 32B-4-411;
4613          (d) Section 58-37-8;

4614          (e) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
4615          (f) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
4616          (g) Subsection 76-9-701(1).
4617          (2) This section only applies when the minor is found by the court to be in actual
4618     physical control of a motor vehicle during the commission of one of the offenses under
4619     Subsection (1).
4620          [(2)] (3) If the court hearing the case determines that the minor committed an offense
4621     under Section 58-37-8 or Title 58, Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
4622     Imitation Controlled Substances Act, the court [shall] may prepare and send to the Driver
4623     License Division of the Department of Public Safety an order to suspend that minor's driving
4624     privileges.
4625          [(3)] (4) (a) The court hearing the case [shall] may suspend the minor's driving
4626     privileges if the minor violated Section 32B-4-409, Section 32B-4-410, or Subsection
4627     76-9-701(1).
4628          (b) [Notwithstanding the requirement in Subsection (2) or (3)(a), the] The court may
4629     reduce [the] a suspension period [required] imposed under Section 53-3-219 if:
4630          (i) the violation is the minor's first violation of:
4631          (A) Section 32B-4-409;
4632          (B) Section 32B-4-410;
4633          (C) Section 58-37-8;
4634          (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
4635          (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
4636          (F) Subsection 76-9-701(1); and
4637          (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
4638          (B) the minor demonstrates substantial progress in substance [abuse] use disorder
4639     treatment.
4640          (c) [Notwithstanding the requirement in Subsection (2) or (3)(a) and in accordance
4641     with the requirements of Section 53-3-219, the] The court may reduce the suspension period
4642     required under Section 53-3-219 if:
4643          (i) the violation is the minor's second or subsequent violation of:
4644          (A) Section 32B-4-409;

4645          (B) Section 32B-4-410;
4646          (C) Section 58-37-8;
4647          (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
4648          (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
4649          (F) Subsection 76-9-701(1);
4650          (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
4651     demonstrated substantial progress in substance [abuse] use disorder treatment; and
4652          (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
4653     court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
4654     consecutive period during the suspension period imposed under Subsection [(3)] (4)(a); or
4655          (B) the person is under 18 years of age and has the person's parent or legal guardian
4656     provide an affidavit or sworn statement to the court certifying that to the parent or legal
4657     guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
4658     one-year consecutive period during the suspension period imposed under Subsection [(3)]
4659     (4)(a).
4660          (d) If a minor commits a proof of age violation, as defined in Section 32B-4-411:
4661          (i) the court [shall] may forward a record of adjudication to the Department of Public
4662     Safety for a first or subsequent violation; and
4663          (ii) the minor's driving privileges will be suspended:
4664          (A) for a period of at least one year under Section 53-3-220 for a first conviction for a
4665     violation of Section 32B-4-411; or
4666          (B) for a period of two years for a second or subsequent conviction for a violation of
4667     Section 32B-4-411.
4668          (e) [Notwithstanding the requirement in Subsection (3)(d), the] The court may reduce
4669     the suspension period imposed under Subsection [(3)] (4)(d)(ii)(A) if:
4670          (i) the violation is the minor's first violation of Section 32B-4-411; and
4671          (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
4672          (B) the minor demonstrates substantial progress in substance [abuse] use disorder
4673     treatment.
4674          (f) [Notwithstanding the requirement in Subsection (3)(d), the] The court may reduce
4675     the suspension period imposed under Subsection [(3)] (4)(d)(ii)(B) if:

4676          (i) the violation is the minor's second or subsequent violation of Section 32B-4-411;
4677          (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
4678     demonstrated substantial progress in substance [abuse] use disorder treatment; and
4679          (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
4680     court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
4681     consecutive period during the suspension period imposed under Subsection [(3)] (4)(d)(ii)(B);
4682     or
4683          (B) the person is under 18 years of age and has the person's parent or legal guardian
4684     provide an affidavit or sworn statement to the court certifying that to the parent or legal
4685     guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
4686     one-year consecutive period during the suspension period imposed under Subsection [(3)]
4687     (4)(d)(ii)(B).
4688          [(4)] (5) A minor's license shall be suspended under Section 53-3-219 when a court
4689     issues an order suspending the minor's driving privileges in accordance with Subsection (2) for
4690     a violation of:
4691          (a) Section 32B-4-409;
4692          (b) Section 32B-4-410;
4693          (c) Section 58-37-8;
4694          (d) Title 58, Chapter 37a, Utah Drug Paraphernalia Act, or Title 37b, Imitation
4695     Controlled Substances Act; or
4696          (e) Subsection 76-9-701(1).
4697          [(5)] (6) When the Department of Public Safety receives the arrest or conviction record
4698     of a person for a driving offense committed while the person's license is suspended under this
4699     section, the Department of Public Safety shall extend the suspension for a like period of time.
4700          Section 69. Section 78A-6-701 is amended to read:
4701          78A-6-701. Jurisdiction of district court.
4702          (1) The district court has exclusive original jurisdiction over all persons 16 years of age
4703     or older charged with[: (a)] an offense [which] that would be murder or aggravated murder if
4704     committed by an adult[;].
4705          [(b) if the minor has been previously committed to a secure facility as defined in
4706     Section 62A-7-101, a felony violation of:]

4707          [(i) Section 76-6-103, aggravated arson;]
4708          [(ii) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;]
4709          [(iii) Section 76-5-302, aggravated kidnapping;]
4710          [(iv) Section 76-6-203, aggravated burglary;]
4711          [(v) Section 76-6-302, aggravated robbery;]
4712          [(vi) Section 76-5-405, aggravated sexual assault;]
4713          [(vii) Section 76-10-508.1, felony discharge of a firearm;]
4714          [(viii) Section 76-5-202, attempted aggravated murder; or]
4715          [(ix) Section 76-5-203, attempted murder; or]
4716          [(c) an offense other than those listed in Subsection (1)(b) involving the use of a
4717     dangerous weapon, which would be a felony if committed by an adult, and the minor has been
4718     previously adjudicated or convicted of an offense involving the use of a dangerous weapon,
4719     which also would have been a felony if committed by an adult.]
4720          (2) When the district court has exclusive original jurisdiction over a minor under this
4721     section, it also has exclusive original jurisdiction over the minor regarding all offenses joined
4722     with the qualifying offense, and any other offenses, including misdemeanors, arising from the
4723     same criminal episode. The district court is not divested of jurisdiction by virtue of the fact
4724     that the minor is allowed to enter a plea to, or is found guilty of, a lesser or joined offense.
4725          (3) (a) [Any] A felony, misdemeanor, or infraction committed after the offense over
4726     which the district court takes jurisdiction under Subsection (1) or (2) shall be tried against the
4727     defendant as an adult in the district court or justice court having jurisdiction.
4728          (b) If the qualifying charge under Subsection (1) results in an acquittal, a finding of not
4729     guilty, or a dismissal of the charge in the district court, the juvenile court under Section
4730     78A-6-103 and the Division of Juvenile Justice Services regain any jurisdiction and authority
4731     previously exercised over the minor.
4732          (4) A minor arrested under this section shall be held in a juvenile detention facility
4733     until the district court determines where the minor shall be held until the time of trial, except
4734     for defendants who are otherwise subject to the authority of the Board of Pardons and Parole.
4735          (5) The district court shall consider the following when determining where the minor
4736     will be held until the time of trial:
4737          (a) the age of the minor;

4738          (b) the nature, seriousness, and circumstances of the alleged offense;
4739          (c) the minor's history of prior criminal acts;
4740          (d) whether detention in a juvenile detention facility will adequately serve the need for
4741     community protection pending the outcome of any criminal proceedings;
4742          (e) whether the minor's placement in a juvenile detention facility will negatively impact
4743     the functioning of the facility by compromising the goals of the facility to maintain a safe,
4744     positive, and secure environment for all minors within the facility;
4745          (f) the relative ability of the facility to meet the needs of the minor and protect the
4746     public;
4747          (g) whether the minor presents an imminent risk of harm to the minor or others within
4748     the facility;
4749          (h) the physical maturity of the minor;
4750          (i) the current mental state of the minor as evidenced by relevant mental health or
4751     psychological assessments or screenings that are made available to the court; and
4752          (j) any other factors the court considers relevant.
4753          (6) A minor ordered to a juvenile detention facility under Subsection (5) shall remain
4754     in the facility until released by a district court judge, or if convicted, until sentencing.
4755          (7) A minor held in a juvenile detention facility under this section shall have the same
4756     right to bail as any other criminal defendant.
4757          (8) If the minor ordered to a juvenile detention facility under Subsection (5) attains the
4758     age of 18 years, the minor shall be transferred within 30 days to an adult jail until released by
4759     the district court judge, or if convicted, until sentencing.
4760          (9) A minor 16 years of age or older whose conduct or condition endangers the safety
4761     or welfare of others in the juvenile detention facility may, by court order that specifies the
4762     reasons, be detained in another place of confinement considered appropriate by the court,
4763     including jail or other place of pretrial confinement for adults.
4764          Section 70. Section 78A-6-1101 is amended to read:
4765          78A-6-1101. Violation of order of court -- Contempt -- Penalty -- Enforcement of
4766     fine, fee, or restitution.
4767          (1) [Any] A person who willfully violates or refuses to obey any order of the court may
4768     be proceeded against for contempt of court.

4769          (2) [Any] A person 18 years of age or older found in contempt of court may be
4770     punished in accordance with Section 78B-6-310.
4771          (3) (a) [Any] A person younger than 18 years of age found in contempt of court may be
4772     punished by [any] disposition permitted under Section 78A-6-117, except [for commitment to a
4773     secure facility] the court may only order a disposition that changes the custody of the minor,
4774     including community placement or commitment to a secure facility, if the disposition is
4775     commitment to a secure detention pursuant to Subsection 78A-6-117(2)(f) for no longer than
4776     72 hours, excluding weekends and legal holidays.
4777          (b) [The] A court may [stay or] not suspend all or part of the punishment upon
4778     compliance with conditions imposed by the court.
4779          (4) [The] In accordance with Section 78A-6-117, the court may enforce orders of fines,
4780     fees, or restitution through garnishments, wage withholdings, supplementary proceedings, or
4781     executions. An order described in this Subsection (4) may not be enforced through an order of
4782     detention, community placement, or commitment to a secure facility.
4783          Section 71. Section 78A-6-1202 is amended to read:
4784          78A-6-1202. Definitions.
4785          (1) "Adult" means a person 18 years of age or older.
4786          (2) (a) "Gang activity" means any criminal activity that is conducted as part of an
4787     organized youth gang. It includes any criminal activity that is done in concert with other gang
4788     members, or done alone if it is to fulfill gang purposes.
4789          (b) "Gang activity" does not include graffiti.
4790          (3) (a) "Minor offense" means any unlawful act that is a status offense or would be a
4791     [class B or C] misdemeanor, infraction, or violation of a municipal or county ordinance if the
4792     youth were an adult.
4793          (b) "Minor offense" does not include:
4794          [(a)] (i) a class A [misdemeanors] misdemeanor; or
4795          [(b)] (ii) [felonies] a felony of any degree[;].
4796          [(c) any offenses that are committed as part of gang activity;]
4797          [(d) any of the following offenses which would carry mandatory dispositions if referred
4798     to the juvenile court under Section 78A-6-606:]
4799          [(i) a second violation of Section 32B-4-409, Unlawful Purchase, Possession or

4800     Consumption by Minors -- Measurable Amounts in Body;]
4801          [(ii) a violation of Section 41-6a-502, Driving Under the Influence;]
4802          [(iii) a violation of Section 58-37-8, Controlled Substances Act;]
4803          [(iv) a violation of Title 58, Chapter 37a, Utah Drug Paraphernalia Act;]
4804          [(v) a violation of Title 58, Chapter 37b, Imitation Controlled Substances Act; or]
4805          [(vi) a violation of Section 76-9-701, Intoxication; or]
4806          [(e) any offense where a dangerous weapon, as defined in Subsection 76-1-601(5), is
4807     used in the commission of the offense.]
4808          (4) "Sponsoring entity" means any political subdivision of the state, including a school
4809     or school district, juvenile court, law enforcement agency, prosecutor's office, county, city, or
4810     town.
4811          (5) "Status offense" means a violation of the law that would not be a violation but for
4812     the age of the offender.
4813          (6) "Youth" means a person under the age of 18 years or who is 18 but still attending
4814     high school.
4815          Section 72. Section 78A-6-1203 is amended to read:
4816          78A-6-1203. Youth court -- Authorization -- Referral.
4817          (1) Youth court is a diversion program [which] that provides an alternative disposition
4818     for cases involving juvenile offenders in which youth participants, under the supervision of an
4819     adult coordinator, may serve in various capacities within the courtroom, acting in the role of
4820     jurors, lawyers, bailiffs, clerks, and judges.
4821          (a) Youth who appear before youth courts have been identified by law enforcement
4822     personnel, school officials, a prosecuting attorney, or the juvenile court as having committed
4823     acts which indicate a need for intervention to prevent further development toward juvenile
4824     delinquency, but which appear to be acts that can be appropriately addressed outside the
4825     juvenile court process.
4826          (b) Youth courts may only hear cases as provided for in this part.
4827          (c) Youth court is a diversion program and not a court established under the Utah
4828     Constitution, Article VIII.
4829          (2) A youth court may not accept referrals from law enforcement, schools, prosecuting
4830     attorneys, or a juvenile court unless the youth court is certified by the Utah Youth Court Board.

4831          (3) Any person may refer youth to a youth court for minor offenses or for any other
4832     eligible offense under Section 53A-11-911. Once a referral is made, the case shall be screened
4833     by an adult coordinator to determine whether it qualifies as a youth court case.
4834          (4) Youth courts have authority over youth:
4835          (a) referred for [a] one or more minor [offense or] offenses or who are referred for
4836     other eligible offenses under Section 53A-11-911, or who are granted permission for referral
4837     under this part;
4838          (b) who, along with a parent, guardian, or legal custodian, voluntarily and in writing,
4839     request youth court involvement; and
4840          [(c) who admit having committed the referred offense;]
4841          [(d) who, along with a parent, guardian, or legal custodian, waive any privilege against
4842     self-incrimination and right to a speedy trial; and]
4843          [(e)] (c) who, along with [their] a parent, guardian, or legal custodian, agree to follow
4844     the youth court disposition of the case.
4845          (5) Except with permission granted under Subsection (6), or pursuant to Section
4846     53A-11-911, youth courts may not exercise authority over youth who are under the continuing
4847     jurisdiction of the juvenile court for law violations, including any youth who may have a matter
4848     pending which has not yet been adjudicated. Youth courts may, however, exercise authority
4849     over youth who are under the continuing jurisdiction of the juvenile court as set forth in this
4850     Subsection (5) if the offense before the youth court is not a law violation, and the referring
4851     agency has notified the juvenile court of the referral.
4852          (6) Youth courts may exercise authority over youth described in Subsection (5), and
4853     over any other offense with the permission of the juvenile court and the prosecuting attorney in
4854     the county or district that would have jurisdiction if the matter were referred to juvenile court.
4855          (7) Permission of the juvenile court may be granted by a probation officer of the court
4856     in the district that would have jurisdiction over the offense being referred to youth court.
4857          (8) Youth courts may decline to accept a youth for youth court disposition for any
4858     reason and may terminate a youth from youth court participation at any time.
4859          (9) A youth or the youth's parent, guardian, or legal custodian may withdraw from the
4860     youth court process at any time. The youth court shall immediately notify the referring source
4861     of the withdrawal.

4862          (10) The youth court may transfer a case back to the referring source for alternative
4863     handling at any time.
4864          (11) Referral of a case to youth court may not, if otherwise eligible, prohibit the
4865     subsequent referral of the case to any court.
4866          (12) Proceedings and dispositions of a youth court may only be shared with the
4867     referring agency, juvenile court, and victim.
4868          (13) When a person does not complete the terms ordered by a youth court, and if the
4869     case is referred to a juvenile court, the youth court shall provide the case file to the juvenile
4870     court.
4871          Section 73. Section 78A-6-1302 is amended to read:
4872          78A-6-1302. Procedure -- Standard.
4873          (1) When a motion is filed pursuant to Section 78A-6-1301 raising the issue of a
4874     minor's competency to proceed, or when the court raises the issue of a minor's competency to
4875     proceed, the juvenile court in which proceedings are pending shall stay all delinquency
4876     proceedings.
4877          (2) If a motion for inquiry is opposed by either party, the court shall, prior to granting
4878     or denying the motion, hold a limited hearing solely for the purpose of determining the
4879     sufficiency of the motion. If the court finds that the allegations of incompetency raise a bona
4880     fide doubt as to the minor's competency to proceed, it shall enter an order for an evaluation of
4881     the minor's competency to proceed, and shall set a date for a hearing on the issue of the minor's
4882     competency.
4883          (3) After the granting of a motion, and prior to a full competency hearing, the court
4884     may order the Department of Human Services to evaluate the minor and to report to the court
4885     concerning the minor's mental condition.
4886          (4) The minor shall be evaluated by a mental health examiner with experience in
4887     juvenile forensic evaluations and juvenile brain development, who is not involved in the
4888     current treatment of the minor. If it becomes apparent that the minor may be not competent
4889     due to an intellectual disability or related condition, the examiner shall be experienced in
4890     intellectual disability or related condition evaluations of minors.
4891          (5) The petitioner or other party, as directed by the court, shall provide all information
4892     and materials to the examiners relevant to a determination of the minor's competency

4893     including:
4894          (a) the motion;
4895          (b) the arrest or incident reports pertaining to the charged offense;
4896          (c) the minor's known delinquency history information;
4897          (d) known prior mental health evaluations and treatments; and
4898          (e) consistent with 20 U.S.C. Sec. 1232g (b)(1)(E)(ii)(I), records pertaining to the
4899     minor's education.
4900          (6) The minor's parents or guardian, the prosecutor, defense attorney, and guardian ad
4901     litem, shall cooperate in providing the relevant information and materials to the examiners.
4902          (7) In conducting the evaluation and in the report determining if a minor is competent
4903     to proceed as defined in Subsection 78A-6-105[(30)](38), the examiner shall consider the
4904     impact of a mental disorder, intellectual disability, or related condition on a minor's present
4905     capacity to:
4906          (a) comprehend and appreciate the charges or allegations;
4907          (b) disclose to counsel pertinent facts, events, or states of mind;
4908          (c) comprehend and appreciate the range and nature of possible penalties, if applicable,
4909     that may be imposed in the proceedings against the minor;
4910          (d) engage in reasoned choice of legal strategies and options;
4911          (e) understand the adversarial nature of the proceedings;
4912          (f) manifest appropriate courtroom behavior; and
4913          (g) testify relevantly, if applicable.
4914          (8) In addition to the requirements of Subsection (7), the examiner's written report
4915     shall:
4916          (a) identify the specific matters referred for evaluation;
4917          (b) describe the procedures, techniques, and tests used in the evaluation and the
4918     purpose or purposes for each;
4919          (c) state the examiner's clinical observations, findings, and opinions on each issue
4920     referred for evaluation by the court, and indicate specifically those issues, if any, on which the
4921     examiner could not give an opinion;
4922          (d) state the likelihood that the minor will attain competency and the amount of time
4923     estimated to achieve it; and

4924          (e) identify the sources of information used by the examiner and present the basis for
4925     the examiner's clinical findings and opinions.
4926          (9) The examiner shall provide an initial report to the court, the prosecuting and
4927     defense attorneys, and the guardian ad litem, if applicable, within 30 days of the receipt of the
4928     court's order. If the examiner informs the court that additional time is needed, the court may
4929     grant, taking into consideration the custody status of the minor, up to an additional 30 days to
4930     provide the report to the court and counsel. The examiner must provide the report within 60
4931     days from the receipt of the court's order unless, for good cause shown, the court authorizes an
4932     additional period of time to complete the evaluation and provide the report. The report shall
4933     inform the court of the examiner's opinion concerning the competency and the likelihood of the
4934     minor to attain competency within a year. In the alternative, the examiner may inform the court
4935     in writing that additional time is needed to complete the report.
4936          (10) Any statement made by the minor in the course of any competency evaluation,
4937     whether the evaluation is with or without the consent of the minor, any testimony by the
4938     examiner based upon any statement, and any other fruits of the statement may not be admitted
4939     in evidence against the minor in any delinquency or criminal proceeding except on an issue
4940     respecting the mental condition on which the minor has introduced evidence. The evidence
4941     may be admitted, however, where relevant to a determination of the minor's competency.
4942          (11) [Prior to] Before evaluating the minor, examiners shall specifically advise the
4943     minor and the parents or guardian of the limits of confidentiality as provided under Subsection
4944     (10).
4945          (12) When the report is received the court shall set a date for a competency hearing
4946     [which] that shall be held in not less than five and not more than 15 days, unless the court
4947     enlarges the time for good cause.
4948          (13) A minor shall be presumed competent unless the court, by a preponderance of the
4949     evidence, finds the minor not competent to proceed. The burden of proof is upon the
4950     proponent of incompetency to proceed.
4951          (14) (a) Following the hearing, the court shall determine by a preponderance of
4952     evidence whether the minor is:
4953          (i) competent to proceed;
4954          (ii) not competent to proceed with a substantial probability that the minor may attain

4955     competency in the foreseeable future; or
4956          (iii) not competent to proceed without a substantial probability that the minor may
4957     attain competency in the foreseeable future.
4958          (b) If the court enters a finding pursuant to Subsection (14)(a)(i), the court shall
4959     proceed with the delinquency proceedings.
4960          (c) If the court enters a finding pursuant to Subsection (14)(a)(ii), the court shall
4961     proceed consistent with Section 78A-6-1303.
4962          (d) If the court enters a finding pursuant to Subsection (14)(a)(iii), the court shall
4963     terminate the competency proceeding, dismiss the delinquency charges without prejudice, and
4964     release the minor from any custody order related to the pending delinquency proceeding, unless
4965     the prosecutor informs the court that commitment proceedings pursuant to Title 62A, Chapter
4966     5, Services for People with Disabilities, or Title 62A, Chapter 15, Substance Abuse and Mental
4967     Health Act, will be initiated. These commitment proceedings shall be initiated within seven
4968     days after the court's order, unless the court enlarges the time for good cause shown. The
4969     minor may be ordered to remain in custody until the commitment proceedings have been
4970     concluded.
4971          (15) If the court finds the minor not competent to proceed, its order shall contain
4972     findings addressing each of the factors in Subsection (7).
4973          Section 74. Section 78A-7-106 is amended to read:
4974          78A-7-106. Jurisdiction.
4975          (1) Justice courts have jurisdiction over class B and C misdemeanors, violation of
4976     ordinances, and infractions committed within their territorial jurisdiction by a person 18 years
4977     of age or older.
4978          (2) Except those offenses over which the juvenile court has exclusive jurisdiction,
4979     justice courts have jurisdiction over the following offenses committed within their territorial
4980     jurisdiction by a person who is 16 or 17 years of age:
4981          (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
4982     Licensing Act; and
4983          (b) class B and C misdemeanor and infraction violations of:
4984          (i) Title 23, Wildlife Resources Code of Utah;
4985          (ii) Title 41, Chapter 1a, Motor Vehicle Act;

4986          (iii) Title 41, Chapter 6a, Traffic Code;
4987          (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
4988     Operators Act;
4989          (v) Title 41, Chapter 22, Off-Highway Vehicles;
4990          (vi) Title 73, Chapter 18, State Boating Act;
4991          (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
4992          (viii) Title 73, Chapter 18b, Water Safety; and
4993          (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
4994     Operators Act.
4995          (3) As used in this section, "the court's jurisdiction" means the territorial jurisdiction of
4996     a justice court.
4997          (4) An offense is committed within the territorial jurisdiction of a justice court if:
4998          (a) conduct constituting an element of the offense or a result constituting an element of
4999     the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
5000     itself unlawful;
5001          (b) either a person committing an offense or a victim of an offense is located within the
5002     court's jurisdiction at the time the offense is committed;
5003          (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
5004     within the court's jurisdiction;
5005          (d) a person commits any act constituting an element of an inchoate offense within the
5006     court's jurisdiction, including an agreement in a conspiracy;
5007          (e) a person solicits, aids, or abets, or attempts to solicit, aid, or abet another person in
5008     the planning or commission of an offense within the court's jurisdiction;
5009          (f) the investigation of the offense does not readily indicate in which court's
5010     jurisdiction the offense occurred, and:
5011          (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
5012     passing within the court's jurisdiction;
5013          (ii) (A) the offense is committed on or in any body of water bordering on or within this
5014     state if the territorial limits of the justice court are adjacent to the body of water; and
5015          (B) as used in Subsection (5)(f)(ii)(A), "body of water" includes any stream, river, lake,
5016     or reservoir, whether natural or man-made;

5017          (iii) a person who commits theft exercises control over the affected property within the
5018     court's jurisdiction; or
5019          (iv) the offense is committed on or near the boundary of the court's jurisdiction;
5020          (g) the offense consists of an unlawful communication that was initiated or received
5021     within the court's jurisdiction; or
5022          (h) jurisdiction is otherwise specifically provided by law.
5023          (5) A justice court judge may transfer a criminal matter in which the defendant is a
5024     child to the juvenile court for further proceedings if the justice court judge determines and the
5025     juvenile court concurs that the best interests of the minor would be served by the continuing
5026     jurisdiction of the juvenile court, subject to Section 78A-6-602.
5027          (6) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8,
5028     Small Claims Courts, if a defendant resides in or the debt arose within the territorial
5029     jurisdiction of the justice court.
5030          Section 75. Effective date.
5031          (1) Except as provided in Subsections (2) and (3), this bill takes effect on May 9, 2017.
5032          (2) The actions affecting the following sections take effect on August 1, 2017:
5033          (a) Section 32B-4-409;
5034          (b) Section 32B-4-411;
5035          (c) Section 53A-1-403;
5036          (d) Section 53A-3-402;
5037          (e) Section 53A-11-101.7;
5038          (f) Section 53A-11-103;
5039          (g) Section 53A-11-105;
5040          (h) Section 53A-11-403;
5041          (i) Section 53A-11-901;
5042          (j) Section 53A-11-908;
5043          (k) Section 53A-11-910;
5044          (l) Section 53A-11-911;
5045          (m) Section 53A-11-1302;
5046          (n) Section 53A-11-1604;
5047          (o) Section 58-37-8;

5048          (p) Section 58-37a-7;
5049          (q) Section 58-37b-9;
5050          (r) Section 62A-4a-105;
5051          (s) Section 62A-4a-201;
5052          (t) Section 62A-4a-202;
5053          (u) Section 62A-4a-208;
5054          (v) Section 62A-4a-250;
5055          (w) Section 62A-7-101;
5056          (x) Section 62A-7-104;
5057          (y) Section 62A-7-109.5;
5058          (z) Section 62A-7-201;
5059          (aa) Section 62A-7-501;
5060          (bb) Section 62A-7-504;
5061          (cc) Section 62A-7-506;
5062          (dd) Section 62A-7-601;
5063          (ee) Section 62A-7-701;
5064          (ff) Section 63M-7-208;
5065          (gg) Section 76-5-413;
5066          (hh) Section 76-10-105;
5067          (ii) Section 78A-6-105;
5068          (jj) Section 78A-6-106.5;
5069          (kk) Section 78A-6-109;
5070          (ll) Section 78A-6-111;
5071          (mm) Section 78A-6-115;
5072          (nn) Section 78A-6-117.5;
5073          (oo) Section 78A-6-118;
5074          (pp) Section 78A-6-119;
5075          (qq) Section 78A-6-302;
5076          (rr) Section 78A-6-306;
5077          (ss) Section 78A-6-312;
5078          (tt) Section 78A-6-401;

5079          (uu) Section 78A-6-602;
5080          (vv) Section 78A-6-603;
5081          (ww) Section 78A-6-604;
5082          (xx) Section 78A-6-606;
5083          (yy) Section 78A-6-701;
5084          (zz) Section 78A-6-1202;
5085          (aaa) Section 78A-6-1203;
5086          (bbb) Section 78A-6-1302; and
5087          (ccc) Section 78A-7-106.
5088          (3) The actions affecting the following sections take effect on July 1, 2018:
5089          (a) Section 17-18a-404;
5090          (b) Section 32B-4-410;
5091          (c) Section 62A-7-107.5;
5092          (d) Section 62A-7-202;
5093          (e) Section 62A-7-404;
5094          (f) Section 63M-7-404;
5095          (g) Section 76-9-701;
5096          (h) Section 78A-6-103;
5097          (i) Section 78A-6-112;
5098          (j) Section 78A-6-113;
5099          (k) Section 78A-6-117;
5100          (l) Section 78A-6-120;
5101          (m) Section 78A-6-121;
5102          (n) Section 78A-6-123;
5103          (o) Section 78A-6-124; and
5104          (p) Section 78A-6-1101.
5105          Section 76. Revisor instructions.
5106          The Legislature intends that the Office of Legislative Research and General Counsel, in
5107     preparing the Utah Code database for publication, replace the language "this bill" in Section
5108     62A-1-111.5 with the bill's designated chapter number in the Laws of Utah.