1     
JUVENILE JUSTICE REFORM AMENDMENTS

2     
2019 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 creates a restricted account and modifies the custody, commitment, and
10     jurisdiction relating to a minor in juvenile court.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     creates the Juvenile Justice Reinvestment Restricted Account;
15          ▸     describes the purposes and sources of the restricted account;
16          ▸     grants rulemaking authority to the Division of Juvenile Justice Services;
17          ▸     extends the presumptive length of jurisdiction by the court over a minor for
18     nonrepayment of restitution;
19          ▸     modifies custody and commitment of a minor to the Division of Juvenile Justice
20     Services; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          62A-7-101, as last amended by Laws of Utah 2017, Chapter 330
29          78A-6-117, as last amended by Laws of Utah 2018, Chapters 117 and 285
30          78A-6-117.5, as enacted by Laws of Utah 2017, Chapter 330
31          78A-6-119, as last amended by Laws of Utah 2017, Chapter 330
32          78A-6-604, as last amended by Laws of Utah 2017, Chapter 330
33          78A-6-1101, as last amended by Laws of Utah 2017, Chapter 330
34     ENACTS:
35          62A-7-112, Utah Code Annotated 1953
36          62A-7-113, Utah Code Annotated 1953
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 62A-7-101 is amended to read:
40          62A-7-101. Definitions.
41          As used in this chapter:
42          (1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in
43     Section 62A-7-112.
44          [(1)] (2) "Authority" means the Youth Parole Authority, established in accordance with
45     Section 62A-7-501.
46          [(2)] (3) "Board" means the Board of Juvenile Justice Services established in
47     accordance with Section 62A-1-105.
48          [(3)] (4) "Community-based program" means a nonsecure residential or nonresidential
49     program designated to supervise and rehabilitate youth offenders in accordance with
50     Subsection 78A-6-117(2) that prioritizes the least restrictive nonresidential setting, consistent
51     with public safety, and designated or operated by or under contract with the division.
52          [(4)] (5) "Control" means the authority to detain, restrict, and supervise a youth in a
53     manner consistent with public safety and the well being of the youth and division employees.
54          [(5)] (6) "Court" means the juvenile court.
55          [(6)] (7) "Delinquent act" is an act which would constitute a felony or a misdemeanor if
56     committed by an adult.
57          [(7)] (8) "Detention" means secure detention or home detention.
58          [(8)] (9) "Detention center" means a facility established in accordance with Title 62A,
59     Chapter 7, Part 2, Detention Facilities.
60          [(9)] (10) "Director" means the director of the Division of Juvenile Justice Services.
61          [(10)] (11) "Discharge" means a written order of the Youth Parole Authority that
62     removes a youth offender from its jurisdiction.
63          [(11)] (12) "Division" means the Division of Juvenile Justice Services.
64          [(12)] (13) "Home detention" means predispositional placement of a child in the child's
65     home or a surrogate home with the consent of the child's parent, guardian, or custodian for
66     conduct by a child who is alleged to have committed a delinquent act or postdispositional
67     placement pursuant to Subsection 78A-6-117(2)(f) or 78A-6-1101(3).
68          [(13)] (14) "Observation and assessment program" means a nonresidential service
69     program operated or purchased by the division that is responsible only for diagnostic
70     assessment of minors, including for substance use disorder, mental health, psychological, and
71     sexual behavior risk assessments.
72          [(14)] (15) "Parole" means a conditional release of a youth offender from residency in a
73     secure facility to live outside that facility under the supervision of the Division of Juvenile
74     Justice Services or other person designated by the division.
75          [(15)] (16) "Performance-based contracting" means a system of contracting with
76     service providers for the provision of residential or nonresidential services that:
77          (a) provides incentives for the implementation of evidence-based juvenile justice
78     programs or programs rated as effective for reducing recidivism by a standardized tool pursuant
79     to Section 63M-7-208; and
80          (b) provides a premium rate allocation for a minor who receives the evidence-based
81     dosage of treatment and successfully completes the program within three months.
82          [(16)] (17) "Receiving center" means a nonsecure, nonresidential program established
83     by the division or under contract with the division that is responsible for juveniles taken into
84     custody by a law enforcement officer for status offenses, infractions, or delinquent acts.
85          [(17)] (18) "Rescission" means a written order of the Youth Parole Authority that
86     rescinds a parole date.
87          [(18)] (19) "Revocation of parole" means a written order of the Youth Parole Authority
88     that terminates parole supervision of a youth offender and directs return of the youth offender
89     to the custody of a secure facility after a hearing and a determination that there has been a
90     violation of law or of a condition of parole that warrants a return to a secure facility in
91     accordance with Section 62A-7-504.
92          [(19)] (20) "Runaway" means a youth who willfully leaves the residence of a parent or
93     guardian without the permission of the parent or guardian.
94          [(20)] (21) "Secure detention" means predisposition placement in a facility operated by
95     or under contract with the division, for conduct by a child who is alleged to have committed a
96     delinquent act.
97          [(21)] (22) "Secure facility" means any facility operated by or under contract with the
98     division, that provides 24-hour supervision and confinement for youth offenders committed to
99     the division for custody and rehabilitation.
100          [(22)] (23) "Shelter" means the temporary care of children in physically unrestricted
101     facilities pending court disposition or transfer to another jurisdiction.
102          [(23)] (24) (a) "Temporary custody" means control and responsibility of
103     nonadjudicated youth until the youth can be released to the parent, guardian, a responsible
104     adult, or to an appropriate agency.
105          (b) "Temporary custody" does not include a placement in a secure facility, including
106     secure detention, or a residential community-based program operated or contracted by the
107     division, except pursuant to Subsection 78A-6-117(2).
108          [(24)] (25) "Termination" means a written order of the Youth Parole Authority that
109     terminates a youth offender from parole.
110          [(25)] (26) "Ungovernable" means a youth in conflict with a parent or guardian, and the
111     conflict:
112          (a) results in behavior that is beyond the control or ability of the youth, or the parent or
113     guardian, to manage effectively;
114          (b) poses a threat to the safety or well-being of the youth, the family, or others; or
115          (c) results in the situations in both Subsections [(25)] (26)(a) and (b).
116          [(26)] (27) "Work program" means a nonresidential public or private service work
117     project established and administered by the division for youth offenders for the purpose of
118     rehabilitation, education, and restitution to victims.
119          [(27)] (28) "Youth offender" means a person 12 years of age or older, and who has not
120     reached 21 years of age, committed or admitted by the juvenile court to the custody, care, and
121     jurisdiction of the division, for confinement in a secure facility or supervision in the
122     community, following adjudication for a delinquent act which would constitute a felony or
123     misdemeanor if committed by an adult in accordance with Section 78A-6-117.
124          [(28)] (29) (a) "Youth services" means services provided in an effort to resolve family
125     conflict:
126          (i) for families in crisis when a minor is ungovernable or runaway; or
127          (ii) involving a minor and the minor's parent or guardian.
128          (b) These services include efforts to:
129          (i) resolve family conflict;
130          (ii) maintain or reunite minors with their families; and
131          (iii) divert minors from entering or escalating in the juvenile justice system.
132          (c) The services may provide:
133          (i) crisis intervention;
134          (ii) short-term shelter;
135          (iii) time out placement; and
136          (iv) family counseling.
137          Section 2. Section 62A-7-112 is enacted to read:
138          62A-7-112. Juvenile Justice Reinvestment Restricted Account.
139          (1) There is created in the General Fund a restricted account known as the "Juvenile
140     Justice Reinvestment Restricted Account."
141          (2) The account shall be funded by savings calculated from General Fund
142     appropriations by the Division of Finance as described in Subsection (3).
143          (3) At the end of the fiscal year, the Division of Finance shall:
144          (a) use the formula established in Subsection 67A-7-113(1) to calculate the savings
145     from General Fund appropriations; and
146          (b) lapse the calculated savings into the account.
147          (4) Upon appropriation by the Legislature, the department may expend funds from the
148     account:
149          (a) for the statewide expansion of nonresidential community-based programs,
150     including:
151          (i) receiving centers;
152          (ii) mobile crisis outreach teams as defined in Section 78A-6-105;
153          (iii) youth courts; and
154          (iv) victim-offender mediation;
155          (b) for nonresidential evidence-based programs and practices in cognitive, behavioral,
156     and family therapy;
157          (c) to implement:
158          (i) nonresidential diagnostic assessment; and
159          (ii) nonresidential early intervention programs, including family strengthening
160     programs, family wraparound services, and truancy interventions; or
161          (d) for infrastructure in nonresidential evidence-based juvenile justice programs,
162     including staffing and transportation.
163          Section 3. Section 62A-7-113 is enacted to read:
164          62A-7-113. Rulemaking authority and division responsibilities.
165          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
166     division shall make rules that establish a formula, in consultation with the Office of the
167     Legislative Fiscal Analyst, to calculate savings from General Fund appropriations under 2017
168     Laws of Utah, Chapter 330 resulting from the reduction in out-of-home placements for youth
169     offenders with the division.
170          (2) No later than December 31 of each year, the division shall provide to the Executive
171     Offices and Criminal Justice Appropriations Subcommittee a written report of the division's
172     activities under this section and Section 62A-7-112, including:
173          (a) for the report submitted in 2019, the formula used to calculate the savings from
174     General Fund appropriations under Subsection (1);
175          (b) the amount of savings from General Fund appropriations calculated by the division
176     for the previous fiscal year;
177          (c) an accounting of the money expended or committed to be expended under
178     Subsection 62A-7-112(4); and
179          (d) the balance of the account.
180          Section 4. Section 78A-6-117 is amended to read:
181          78A-6-117. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
182     Enumeration of possible court orders -- Considerations of court.
183          (1) (a) [When] Except as provided in Subsection (1)(b), when a minor is found to come
184     within Section 78A-6-103, the court shall [so adjudicate. The court shall make a finding of the
185     facts upon which it bases its jurisdiction over the minor. However, in cases within] adjudicate
186     the case and make findings of fact upon which the court bases the court's jurisdiction over the
187     minor.
188          (b) For a case described in Subsection 78A-6-103(1), findings of fact are not necessary.
189          [(b)] (c) If the court adjudicates a minor for a crime of violence or an offense in
190     violation of Title 76, Chapter 10, Part 5, Weapons, [it] the court shall order that notice of the
191     adjudication be provided to the school superintendent of the district in which the minor resides
192     or attends school. Notice shall be made to the district superintendent within three days of the
193     adjudication and shall include:
194          (i) the specific offenses for which the minor was adjudicated; and
195          (ii) if available, [if] whether the victim:
196          (A) resides in the same school district as the minor; or
197          (B) attends the same school as the minor.
198          [(c)] (d) An adjudicated minor shall undergo a risk screening or, if indicated, a
199     validated risk and needs assessment. Results of the screening or assessment shall be used to
200     inform disposition decisions and case planning. Assessment results, if available, may not be
201     shared with the court before adjudication.
202          (2) Upon adjudication the court may make the following dispositions by court order:
203          (a) (i) the court may place the minor on probation or under protective supervision in
204     the minor's own home and upon conditions determined by the court, including community or
205     compensatory service;
206          (ii) a condition ordered by the court under Subsection (2)(a)(i):
207          (A) shall be individualized and address a specific risk or need;
208          (B) shall be based on information provided to the court, including the results of a
209     validated risk and needs assessment conducted under Subsection [(1)(c)] (1)(d); and
210          (C) if the court orders treatment, be based on a validated risk and needs assessment
211     conducted under Subsection [(1)(c)] (1)(d);
212          (iii) a court may not issue a standard order that contains control-oriented conditions;
213          (iv) prohibitions on weapon possession, where appropriate, shall be specific to the
214     minor and not the minor's family;
215          (v) if the court orders probation, the court may direct that notice of the court's order be
216     provided to designated [persons] individuals in the local law enforcement agency and the
217     school or transferee school, if applicable, that the minor attends. The designated [persons]
218     individuals may receive the information for purposes of the minor's supervision and student
219     safety; and
220          (vi) an employee of the local law enforcement agency and the school that the minor
221     attends who discloses the court's order of probation is not:
222          (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
223     provided in Section 63G-7-202; and
224          (B) civilly or criminally liable except when the disclosure constitutes a knowing
225     violation of Section 63G-2-801.
226          (b) The court may place the minor in the legal custody of a relative or other suitable
227     [person] individual, with or without probation or other court-specified child welfare services,
228     but the juvenile court may not assume the function of developing foster home services.
229          (c) [(i)] The court shall only vest legal custody of the minor in the Division of Juvenile
230     Justice Services and order the Division of Juvenile Justice Services to provide dispositional
231     recommendations and services if:
232          [(A)] (i) nonresidential treatment options have been exhausted or nonresidential
233     treatment options are not appropriate; and
234          [(B)] (ii) the minor is adjudicated under this section for a felony offense, a
235     misdemeanor when the minor has five prior misdemeanors or felony adjudications arising from
236     separate criminal episodes, or a misdemeanor involving the use of a dangerous weapon as
237     defined in Section 76-1-601.
238          [(ii)] (d) (i) The court may not vest legal custody of a minor in the Division of Juvenile
239     Justice Services for:
240          (A) contempt of court except to the extent permitted under Section 78A-6-1101;
241          (B) a violation of probation;
242          (C) failure to pay a fine, fee, restitution, or other financial obligation;
243          (D) unfinished compensatory or community service hours;
244          (E) an infraction; or
245          (F) a status offense.
246          [(iii)] (ii) (A) A minor who is 18 years old or older, but younger than 21 years old, may
247     petition the court to express the minor's desire to be removed from the jurisdiction of the
248     juvenile court and from the custody of the Division of Child and Family Services if the minor
249     is in the division's custody on grounds of abuse, neglect, or dependency.
250          (B) If the minor's parent's rights have not been terminated in accordance with Part 5,
251     Termination of Parental Rights Act, the minor's petition shall contain a statement from the
252     minor's parent or guardian agreeing that the minor should be removed from the custody of the
253     Division of Child and Family Services.
254          (C) The minor and the minor's parent or guardian shall sign the petition.
255          (D) The court shall review the petition within 14 days.
256          (E) The court shall remove the minor from the custody of the Division of Child and
257     Family Services if the minor and the minor's parent or guardian have met the requirements
258     described in Subsections (2)[(c)(iii)](d)(ii)(B) and (C) and if the court finds, based on input
259     from the Division of Child and Family Services, the minor's guardian ad litem, and the Office
260     of the Attorney General, that the minor does not pose an imminent threat to self or others.
261          (F) A minor removed from custody under Subsection (2)[(c)(iii)](d)(ii)(E) may, within
262     90 days of the date of removal, petition the court to re-enter custody of the Division of Child
263     and Family Services.
264          (G) Upon receiving a petition under Subsection (2)[(c)(iii)](d)(ii)(F), the court shall
265     order the Division of Child and Family Services to take custody of the minor based on the
266     findings the court entered when the court originally vested custody in the Division of Child and
267     Family Services.
268          [(d) (i)] (e) The court shall only commit a minor to the Division of Juvenile Justice
269     Services for secure confinement if the court finds that the minor poses a risk of harm to others
270     and is adjudicated under this section for:
271          [(A)] (i) a felony offense;
272          [(B)] (ii) a misdemeanor if the minor has five prior misdemeanor or felony
273     adjudications arising from separate criminal episodes; or
274          [(C)] (iii) a misdemeanor involving use of a dangerous weapon as defined in Section
275     76-1-601.
276          [(ii)] (f) (i) A minor under the jurisdiction of the court solely on the ground of abuse,
277     neglect, or dependency under Subsection 78A-6-103(1)(b) may not be committed to the
278     Division of Juvenile Justice Services.
279          [(iii)] (ii) The court may not commit a minor to the Division of Juvenile Justice
280     Services for secure confinement for:
281          (A) contempt of court;
282          (B) a violation of probation;
283          (C) failure to pay a fine, fee, restitution, or other financial obligation;
284          (D) unfinished compensatory or community service hours;
285          (E) an infraction; or
286          (F) a status offense.
287          [(e)] (g) The court may order nonresidential, diagnostic assessment, including
288     substance use disorder, mental health, psychological, or sexual behavior risk assessment.
289          [(f)] (h) (i) The court may commit a minor to a place of detention or an alternative to
290     detention for a period not to exceed 30 cumulative days per adjudication subject to the court
291     retaining continuing jurisdiction over the minor. This commitment may not be suspended upon
292     conditions ordered by the court.
293          (ii) This Subsection (2)[(f)](h) applies only to a minor adjudicated for:
294          (A) an act which if committed by an adult would be a criminal offense; or
295          (B) contempt of court under Section 78A-6-1101.
296          (iii) The court may not commit a minor to a place of detention for:
297          (A) contempt of court except to the extent allowed under Section 78A-6-1101;
298          (B) a violation of probation;
299          (C) failure to pay a fine, fee, restitution, or other financial obligation;
300          (D) unfinished compensatory or community service hours;
301          (E) an infraction; or
302          (F) a status offense.
303          (iv) (A) Time spent in detention pre-adjudication shall be credited toward the 30
304     cumulative days eligible as a disposition under Subsection (2)[(f)](h)(i). If the minor spent
305     more than 30 days in a place of detention before disposition, the court may not commit a minor
306     to detention under this section.
307          (B) Notwithstanding Subsection (2)[(f)](h)(iv)(A), the court may commit a minor for a
308     maximum of seven days while a minor is awaiting placement under Subsection (2)(c)[(i)].
309     Only the seven days under this Subsection (2)[(f)](h)(iv)(B) may be combined with a nonsecure
310     placement.
311          (v) Notwithstanding Subsection (2)[(t)](v), no more than seven days of detention may
312     be ordered in combination with an order under Subsection (2)(c)[(i)].
313          [(g)] (i) The court may vest legal custody of an abused, neglected, or dependent minor
314     in the Division of Child and Family Services or any other appropriate person in accordance
315     with the requirements and procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
316     Dependency Proceedings.
317          [(h)] (j) (i) The court may order a minor to repair, replace, or otherwise make
318     restitution for material loss caused by the minor's wrongful act or for conduct for which the
319     minor agrees to make restitution.
320          (ii) [A victim has the meaning defined under Subsection 77-38a-102(14).] A victim, as
321     defined in Subsection 77-38a-102(14), of an offense that involves as an element a scheme, a
322     conspiracy, or a pattern of criminal activity, includes any person directly harmed by the minor's
323     delinquency conduct in the course of the scheme, conspiracy, or pattern.
324          (iii) If the victim and the minor agree to participate, the court may refer the case to a
325     restorative justice program such as victim offender mediation to address how loss resulting
326     from the adjudicated act may be addressed.
327          (iv) For the purpose of determining whether and how much restitution is appropriate,
328     the court shall consider the following:
329          (A) restitution shall only be ordered for the victim's material loss;
330          (B) restitution may not be ordered if the court finds that the minor is unable to pay or
331     acquire the means to pay; [and]
332          (C) any amount paid by the minor to the victim in civil penalty shall be credited against
333     restitution owed[.]; and
334          (D) the length of the presumptive term of supervision shall be taken into account in
335     determining the minor's ability to satisfy the restitution order within the presumptive term.
336          (v) Any amount paid to the victim in restitution shall be credited against liability in a
337     civil suit.
338          (vi) The court may also require a minor to reimburse an individual, entity, or
339     governmental agency who offered and paid a reward to a person or persons for providing
340     information resulting in a court adjudication that the minor is within the jurisdiction of the
341     juvenile court due to the commission of a criminal offense.
342          (vii) If a minor is returned to this state under the Interstate Compact on Juveniles, the
343     court may order the minor to make restitution for costs expended by any governmental entity
344     for the return.
345          (viii) The prosecutor shall submit a request for restitution to the court at the time of
346     disposition, if feasible, otherwise within three months after disposition.
347          (ix) A financial disposition ordered shall prioritize the payment of restitution.
348          [(i)] (k) The court may issue orders necessary for the collection of restitution and fines
349     ordered by the court, including garnishments, wage withholdings, and executions, except for an
350     order that changes the custody of the minor, including detention or other secure or nonsecure
351     residential placements.
352          [(j)] (l) (i) The court may through [its] the court's probation department encourage the
353     development of nonresidential employment or work programs to enable [minors] a minor to
354     fulfill [their] the minor's obligations under Subsection (2)[(h)](j) and for other purposes
355     considered desirable by the court.
356          (ii) Consistent with the order of the court, the probation officer may permit a minor
357     found to be within the jurisdiction of the court to participate in a program of work restitution or
358     compensatory service in lieu of paying part or all of the fine imposed by the court.
359          (iii) The court may order the minor to:
360          (A) pay a fine, fee, restitution, or other cost; or
361          (B) complete service hours.
362          (iv) If the court orders a minor to pay a fine, fee, restitution, or other cost, or to
363     complete service hours, those dispositions shall be considered collectively to ensure that the
364     order [is reasonable and prioritizes restitution.]:
365          (A) is reasonable;
366          (B) prioritizes restitution; and
367          (C) takes into account the minor's ability to satisfy the order within the presumptive
368     term of supervision.
369          (v) If the court orders a minor to pay a fine, fee, or other cost, or complete service
370     hours, the cumulative order shall be limited per criminal episode as follows:
371          (A) for children under age 16 at adjudication, the court may impose up to $180 or up to
372     24 hours of service; and
373          (B) for minors 16 and older at adjudication, the court may impose up to $270 or up to
374     36 hours of service.
375          (vi) The cumulative order under Subsection (2)[(j)](l)(v) does not include restitution.
376          (vii) If the court converts a fine, fee, or restitution amount to service hours, the rate of
377     conversion shall be no less than the minimum wage.
378          [(k)] (m) (i) In violations of traffic laws within the court's jurisdiction, when the court
379     finds that as part of the commission of the violation the minor was in actual physical control of
380     a motor vehicle, the court may, in addition to any other disposition authorized by this section:
381          (A) restrain the minor from driving for periods of time the court considers necessary;
382     and
383          (B) take possession of the minor's driver license.
384          (ii) The court may enter any other eligible disposition under Subsection (2)[(k)](m)(i)
385     except for a disposition under Subsection (2)(c), (d), (e), or (f). However, the suspension of
386     driving privileges for an offense under Section 78A-6-606 is governed only by Section
387     78A-6-606.
388          [(l)] (n) (i) The court may order a minor to complete community or compensatory
389     service hours in accordance with Subsections (2)[(j)](l)(iv) and (v).
390          (ii) When community service is ordered, the presumptive service order shall include
391     between five and 10 hours of service.
392          (iii) Satisfactory completion of an approved substance use disorder prevention or
393     treatment program or other court-ordered condition may be credited by the court as
394     compensatory service hours.
395          (iv) When a minor is found within the jurisdiction of the juvenile court under Section
396     78A-6-103 because of a violation of Section 76-6-106 or 76-6-206 using graffiti, the court may
397     order the minor to clean up graffiti created by the minor or any other [person] individual at a
398     time and place within the jurisdiction of the court. Compensatory service ordered under this
399     section may be performed in the presence and under the direct supervision of the minor's parent
400     or legal guardian. The parent or legal guardian shall report completion of the order to the
401     court. The court may also require the minor to perform other alternative forms of restitution or
402     repair to the damaged property pursuant to Subsection (2)[(h)](j).
403          [(m)] (o) (i) Subject to Subsection (2)[(m)](o)(iii), the court may order that a minor:
404          (A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
405          (B) receive other special care.
406          (ii) For purposes of receiving the examination, treatment, or care described in
407     Subsection (2)[(m)](o)(i), the court may place the minor in a hospital or other suitable facility
408     that is not a secure facility or secure detention.
409          (iii) In determining whether to order the examination, treatment, or care described in
410     Subsection (2)[(m)](o)(i), the court shall consider:
411          (A) the desires of the minor;
412          (B) if the minor is under the age of 18, the desires of the parents or guardian of the
413     minor; and
414          (C) whether the potential benefits of the examination, treatment, or care outweigh the
415     potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
416     function impairment, or emotional or physical harm resulting from the compulsory nature of
417     the examination, treatment, or care.
418          (iv) The Division of Child and Family Services shall take reasonable measures to
419     notify a parent or guardian of any non-emergency health treatment or care scheduled for a
420     child, shall include the parent or guardian as fully as possible in making health care decisions
421     for the child, and shall defer to the parent's or guardian's reasonable and informed decisions
422     regarding the child's health care to the extent that the child's health and well being are not
423     unreasonably compromised by the parent's or guardian's decision.
424          (v) The Division of Child and Family Services shall notify the parent or guardian of a
425     child within five business days after a child in the custody of the Division of Child and Family
426     Services receives emergency health care or treatment.
427          (vi) The Division of Child and Family Services shall use the least restrictive means to
428     accomplish a compelling interest in the care and treatment of a child described in this
429     Subsection (2)[(m)](o).
430          [(n)] (p) (i) The court may appoint a guardian for the minor if it appears necessary in
431     the interest of the minor, and may appoint as guardian a public or private institution or agency,
432     but not a nonsecure residential placement provider, in which legal custody of the minor is
433     vested.
434          (ii) In placing a minor under the guardianship or legal custody of an individual or of a
435     private agency or institution, the court shall give primary consideration to the welfare of the
436     minor. When practicable, the court may take into consideration the religious preferences of the
437     minor and of a child's parents.
438          [(o)] (q) (i) In support of a decree under Section 78A-6-103, the court may order
439     reasonable conditions to be complied with by a minor's parents or guardian, a minor's
440     custodian, or any other person who has been made a party to the proceedings. Conditions may
441     include:
442          (A) parent-time by the parents or one parent;
443          (B) restrictions on the minor's associates;
444          (C) restrictions on the minor's occupation and other activities; and
445          (D) requirements to be observed by the parents or custodian.
446          (ii) A minor whose parents or guardians successfully complete a family or other
447     counseling program may be credited by the court for detention, confinement, or probation time.
448          [(p)] (r) The court may order the child to be committed to the physical custody of a
449     local mental health authority, in accordance with the procedures and requirements of Title 62A,
450     Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
451     Mental Health.
452          [(q)] (s) (i) The court may make an order committing a minor within the court's
453     jurisdiction to the Utah State Developmental Center if the minor has an intellectual disability in
454     accordance with Title 62A, Chapter 5, Part 3, Admission to an Intermediate Care Facility for
455     People with an Intellectual Disability.
456          (ii) The court shall follow the procedure applicable in the district courts with respect to
457     judicial commitments to the Utah State Developmental Center when ordering a commitment
458     under Subsection (2)[(q)](s)(i).
459          [(r)] (t) The court may terminate all parental rights upon a finding of compliance with
460     Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act.
461          [(s)] (u) The court may make other reasonable orders for the best interest of the minor
462     and as required for the protection of the public, except that a child may not be committed to
463     jail, prison, secure detention, or the custody of the Division of Juvenile Justice Services under
464     Subsections (2)(c), (d), (e), and [(d)] (f).
465          [(t)] (v) The court may combine the dispositions listed in this section if it is permissible
466     and they are compatible.
467          [(u)] (w) Before depriving any parent of custody, the court shall give due consideration
468     to the rights of parents concerning their child. The court may transfer custody of a minor to
469     another [person] individual, agency, or institution in accordance with the requirements and
470     procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
471          [(v)] (x) Except as provided in Subsection (2)[(x)](z)(i), an order under this section for
472     probation or placement of a minor with an individual or an agency shall include a date certain
473     for a review and presumptive termination of the case by the court in accordance with
474     Subsection (6) and Section 62A-7-404. A new date shall be set upon each review.
475          [(w)] (y) In reviewing foster home placements, special attention shall be given to
476     making adoptable children available for adoption without delay.
477          [(x)] (z) (i) The juvenile court may enter an order of permanent custody and
478     guardianship with an individual or relative of a child where the court has previously acquired
479     jurisdiction as a result of an adjudication of abuse, neglect, or dependency. The juvenile court
480     may enter an order for child support on behalf of the child against the natural or adoptive
481     parents of the child.
482          (ii) Orders under Subsection (2)[(x)](z)(i):
483          (A) shall remain in effect until the child reaches majority;
484          (B) are not subject to review under Section 78A-6-118; and
485          (C) may be modified by petition or motion as provided in Section 78A-6-1103.
486          (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
487     permanent orders of custody and guardianship do not expire with a termination of jurisdiction
488     of the juvenile court.
489          (3) In addition to the dispositions described in Subsection (2), when a minor comes
490     within the court's jurisdiction, the minor may be given a choice by the court to serve in the
491     National Guard in lieu of other sanctions, provided:
492          (a) the minor meets the current entrance qualifications for service in the National
493     Guard as determined by a recruiter, whose determination is final;
494          (b) the minor is not under the jurisdiction of the court for any act that:
495          (i) would be a felony if committed by an adult;
496          (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
497          (iii) was committed with a weapon; and
498          (c) the court retains jurisdiction over the minor under conditions set by the court and
499     agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
500          (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
501     of the court as described in Subsection 53-10-403(3). The specimen shall be obtained by
502     designated employees of the court or, if the minor is in the legal custody of the Division of
503     Juvenile Justice Services, then by designated employees of the division under Subsection
504     53-10-404(5)(b).
505          (b) The responsible agency shall ensure that [employees] an employee designated to
506     collect the saliva DNA specimens [receive] receives appropriate training and that the
507     specimens are obtained in accordance with accepted protocol.
508          (c) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNA
509     Specimen Restricted Account created in Section 53-10-407.
510          (d) Payment of the reimbursement is second in priority to payments the minor is
511     ordered to make for restitution under this section and treatment under Section 78A-6-321.
512          (5) (a) A disposition made by the court pursuant to this section may not be suspended,
513     except for the following:
514          (i) If a minor qualifies for commitment to the Division of Juvenile Justice Services
515     under Subsection (2)(c), (d), (e), or [(d)] (f), the court may suspend a custody order pursuant to
516     Subsection (2)(c), (d), (e), or [(d)] (f) in lieu of immediate commitment, upon the condition that
517     the minor commit no new misdemeanor or felony offense during the three months following
518     the day of disposition.
519          (ii) The duration of a suspended custody order made under Subsection (5)(a)(i) may not
520     exceed three months post-disposition and may not be extended under any circumstance.
521          (iii) The court may only impose a custody order suspended under Subsection (5)(a)(i):
522          (A) following adjudication of a new misdemeanor or felony offense committed by the
523     minor during the period of suspension set out under Subsection (5)(a)(ii); [or]
524          (B) if a new assessment or evaluation has been completed and recommends that a
525     higher level of care is needed and nonresidential treatment options have been exhausted or
526     nonresidential treatment options are not appropriate[.]; or
527          (C) if, after a notice and a hearing, the court finds a new or previous evaluation
528     recommends a higher level of treatment, and the minor willfully failed to comply with a lower
529     level of treatment and has been unsuccessfully discharged from treatment.
530          (iv) A suspended custody order may not be imposed without notice to the minor, notice
531     to counsel, and a hearing.
532          (b) The court pursuant to Subsection (5)(a) shall terminate jurisdiction over the minor
533     at the end of the presumptive time frame unless at least one the following circumstances exists:
534          (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
535     program determined to be necessary by the results of a validated risk and needs assessment
536     with completion found by the court after considering the recommendation of a licensed service
537     provider on the basis of the minor completing the goals of the necessary treatment program;
538          (ii) the minor commits a new misdemeanor or felony offense;
539          (iii) service hours have not been completed; or
540          (iv) there is an outstanding fine.
541          (6) When the court places a minor on probation under Subsection (2)(a) or vests legal
542     custody of the minor in the Division of Juvenile Justice Services under Subsection (2)(c) or (d),
543     the court shall do so for a defined period of time pursuant to this section.
544          (a) For the purposes of placing a minor on probation under Subsection (2)(a), the court
545     shall establish a presumptive term of probation as specified in this Subsection (6):
546          (i) the presumptive maximum length of intake probation may not exceed three months;
547     and
548          (ii) the presumptive maximum length of formal probation may not exceed four to six
549     months.
550          (b) For the purposes of vesting legal custody of the minor in the Division of Juvenile
551     Justice Services under Subsection (2)(c) or (d), the court shall establish a maximum term of
552     custody and a maximum term of aftercare as specified in this Subsection (6):
553          (i) the presumptive maximum length of out-of-home placement may not exceed three
554     to six months; and
555          (ii) the presumptive maximum length of aftercare supervision, for those previously
556     placed out-of-home, may not exceed three to four months, and minors may serve the term of
557     aftercare in the home of a qualifying relative or guardian or at an independent living program
558     contracted or operated by the Division of Juvenile Justice Services.
559          (c) The court pursuant to Subsections (6)(a) and (b), and the Youth Parole Authority
560     pursuant to Subsection (6)(b), shall terminate jurisdiction over the minor at the end of the
561     presumptive time frame unless at least one of the following circumstances exists:
562          (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
563     court ordered program determined to be necessary by the results of a validated assessment, with
564     completion found by the court after considering the recommendations of a licensed service
565     provider or facilitator of court ordered treatment or intervention program on the basis of the
566     minor completing the goals of the necessary treatment program;
567          (ii) termination pursuant to Subsection (6)(a)(i) or (6)(b) would interrupt the
568     completion of a program determined to be necessary by the results of a validated assessment,
569     with completion determined on the basis of whether the minor has regularly and consistently
570     attended the treatment program and completed the goals of the necessary treatment program as
571     determined by the court or Youth Parole Authority after considering the recommendation of a
572     licensed service provider or facilitator of court ordered treatment or intervention program ;
573          (iii) the minor commits a new misdemeanor or felony offense;
574          (iv) service hours have not been completed; [or]
575          (v) there is an outstanding fine[.]; or
576          (vi) there is a failure to pay restitution in full.
577          (d) (i) Subject to Subsection (6)(g), if one of the circumstances under Subsection
578     (6)(c)[(i), (ii), (iii), or (iv)] exists, the court may extend jurisdiction for the time needed to
579     address the specific circumstance.
580          (ii) Subject to Subsection (6)(g), if one of the circumstances under Subsection
581     (6)(c)[(i), (ii), (iii), or (iv)] exists, and the Youth Parole Authority has jurisdiction, the Youth
582     Parole Authority may extend jurisdiction for the time needed to address the specific
583     circumstance.
584          (e) If the circumstance under Subsection (6)(c)(iv) exists, the court, or the Youth
585     Parole Authority if the Youth Parole Authority has jurisdiction, may extend jurisdiction one
586     time for up to three months.
587          (f) Grounds for extension of the presumptive length of supervision or placement and
588     the length of any extension shall be recorded in the court record or records of the Youth Parole
589     Authority if the Youth Parole Authority has jurisdiction, and tracked in the data system used by
590     the Administrative Office of the Courts and the Division of Juvenile Justice Services.
591          (g) (i) For a minor who is under the supervision of the juvenile court and whose
592     supervision is extended [to complete service hours] under Subsection (6)(c)(iv), (v), or (vi),
593     jurisdiction may only be continued under the supervision of intake probation.
594          (ii) For a minor who is under the jurisdiction of the Youth Parole Authority whose
595     supervision is extended [to complete service hours] under Subsection (6)(c)(iv), (v), or (vi),
596     jurisdiction may only be continued on parole and not in secure confinement.
597          (h) In the event of an unauthorized leave lasting more than 24 hours, the supervision
598     period shall toll until the minor returns.
599          (7) Subsection (6) does not apply to any minor adjudicated under this section for:
600          (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
601          (b) Section 76-5-202, attempted aggravated murder;
602          (c) Section 76-5-203, murder or attempted murder;
603          (d) Section 76-5-302, aggravated kidnapping;
604          (e) Section 76-5-405, aggravated sexual assault;
605          (f) a felony violation of Section 76-6-103, aggravated arson;
606          (g) Section 76-6-203, aggravated burglary;
607          (h) Section 76-6-302, aggravated robbery;
608          (i) Section 76-10-508.1, felony discharge of a firearm; or
609          (j) an offense other than those listed in Subsections (7)(a) through (i) involving the use
610     of a dangerous weapon, as defined in Section 76-1-601, that is a felony, and the minor has been
611     previously adjudicated or convicted of an offense involving the use of a dangerous weapon.
612          Section 5. Section 78A-6-117.5 is amended to read:
613          78A-6-117.5. Custody in Division of Child and Family Services or in the Division
614     of Juvenile Justice Services.
615          (1) Notwithstanding [Subsection] Subsections 78A-6-117(2)(c) and (d), the court may
616     not vest custody in the Division of Child and Family Services except pursuant to Title 78A,
617     Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
618          (2) If the court finds that a child is at risk of being removed from the home or that the
619     family is in crisis, the court may order the Division of Child and Family Services to conduct an
620     assessment to determine if provision of in-home family preservation services is appropriate. If
621     considered appropriate by the Division of Child and Family Services, services shall be
622     provided pursuant to Section 62A-4a-202.
623          (3) Notwithstanding Section 78A-6-117, a court may not place a minor on a ranch,
624     forestry camp, or other residential work program for care or work.
625          (4) Notwithstanding Section 78A-6-117, a court may not commit a minor to the
626     temporary custody of the Division of Juvenile Justice Services for residential observation and
627     evaluation or residential observation and assessment.
628          Section 6. Section 78A-6-119 is amended to read:
629          78A-6-119. Modification of order or decree -- Requirements for changing or
630     terminating custody, probation, or protective supervision.
631          (1) The court may modify or set aside any order or decree made by the court, except on
632     and after July 1, 2018, the order or decree must be in accordance with Sections 78A-6-117 and
633     78A-6-123, however a modification of an order placing a minor on probation may not include
634     on and after July 1, 2018, an order:
635          (a) under Subsection 78A-6-117(2)(c), (d), (e), (f), or [(f)] (h); or
636          (b) extending supervision, except pursuant to Subsection 78A-6-117(7).
637          (2) Notice of the hearing shall be required in any case in which the effect of modifying
638     or setting aside an order or decree may be to make any change in the minor's legal custody
639     under Section 78A-6-1103 and pursuant to Section 78A-6-117.
640          (3) (a) Notice of an order terminating probation or protective supervision of a child
641     shall be given to the child's:
642          (i) parents;
643          (ii) guardian;
644          (iii) custodian; and
645          (iv) where appropriate, to the child.
646          (b) Notice of an order terminating probation or protective supervision of a minor who
647     is at least 18 years of age shall be given to the minor.
648          Section 7. Section 78A-6-604 is amended to read:
649          78A-6-604. Minor held in detention -- Credit for good behavior.
650          (1) A minor held in detention under Subsection 78A-6-117(2)[(f)](h) is eligible to
651     receive credit for good behavior against the period of detention. The rate of credit is one day
652     for every three days served. The Division of Juvenile Justice Services shall, in accordance with
653     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish rules describing good
654     behavior for which credit may be earned.
655          (2) Any disposition including detention under Subsection 78A-6-117(2)[(f)](h) shall be
656     concurrent with any other order of detention.
657          Section 8. Section 78A-6-1101 is amended to read:
658          78A-6-1101. Violation of order of court -- Contempt -- Penalty -- Enforcement of
659     fine, fee, or restitution.
660          (1) A person who willfully violates or refuses to obey any order of the court may be
661     proceeded against for contempt of court.
662          (2) A person 18 years of age or older found in contempt of court may be punished in
663     accordance with Section 78B-6-310.
664          (3) (a) A person younger than 18 years of age found in contempt of court may be
665     punished by disposition permitted under Section 78A-6-117, except the court may only order a
666     disposition that changes the custody of the minor, including community placement or
667     commitment to a secure facility, if the disposition is commitment to a secure detention
668     pursuant to Subsection 78A-6-117(2)[(f)](h) for no longer than 72 hours, excluding weekends
669     and legal holidays.
670          (b) A court may not suspend all or part of the punishment upon compliance with
671     conditions imposed by the court.
672          (4) In accordance with Section 78A-6-117, the court may enforce orders of fines, fees,
673     or restitution through garnishments, wage withholdings, supplementary proceedings, or
674     executions. An order described in this Subsection (4) may not be enforced through an order of
675     detention, community placement, or commitment to a secure facility.