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7 LONG TITLE
8 General Description:
9 This bill reorganizes, renumbers, amends, repeals, and enacts statutes related to
10 juveniles.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms and amends definitions;
14 ▸ reorganizes and renumbers Title 78A, Chapter 6, Juvenile Court Act;
15 ▸ reorganizes and renumbers Title 62A, Chapter 7, Juvenile Justice Services;
16 ▸ enacts Title 80, Utah Juvenile Code;
17 ▸ renumbers and amends statutes in Title 62A, Chapter 7, Juvenile Justice Services,
18 and Title 78A, Chapter 6, Juvenile Court Act, to Title 80, Utah Juvenile Code;
19 ▸ reorganizes and clarifies provisions related to removal of a child from the home and
20 placement of a child in protective custody;
21 ▸ amends the notice requirements for removal of a child from the home or placement
22 of the child in protective custody;
23 ▸ clarifies the notice requirements for release of a minor who is committed to a local
24 mental health authority or the Utah State Developmental Center;
25 ▸ renumbers a statute related to aiding or concealing a juvenile offender, and
26 trespassing in a secure care facility, to Title 76, Utah Criminal Code;
27 ▸ clarifies that an offense for damaging a jail or other place of confinement is
28 applicable to a child;
29 ▸ renumbers statutes regarding the Office of the Guardian Ad Litem;
30 ▸ clarifies the original and concurrent jurisdiction of the juvenile court;
31 ▸ enacts a statute on the exclusive jurisdiction of the juvenile court;
32 ▸ repeals a provision allowing delinquency records for an individual charged with a
33 felony as an adult to be made available upon request;
34 ▸ clarifies provisions related to venue for juvenile court proceedings;
35 ▸ repeals provisions related to venue transfer in the juvenile court;
36 ▸ clarifies requirements for emergency medical or surgical treatment after a petition is
37 filed in the juvenile court;
38 ▸ clarifies the requirements and punishments for contempt of court in the juvenile
39 court;
40 ▸ repeals provisions related to hearings after an adjudication in the juvenile court;
41 ▸ clarifies the requirements for modifying an order or decree in the juvenile court;
42 ▸ provides that a county or district attorney may file a criminal information for an
43 adult in the juvenile court for certain offenses;
44 ▸ clarifies the jurisdiction and requirements for adult criminal proceedings in the
45 juvenile court;
46 ▸ provides that certain agencies and courts assist and cooperate to further the
47 provisions of Title 80, Utah Juvenile Code;
48 ▸ clarifies provisions related to abuse, neglect, and dependency proceedings,
49 including provisions related to:
50 • individuals entitled to be present at abuse, neglect, and dependency proceedings;
51 • consolidating abuse, neglect, and dependency proceedings;
52 • records of abuse, neglect, and dependency proceedings;
53 • disclosures made by parties in abuse, neglect, and dependency proceedings;
54 • physical and mental health examinations for a minor in abuse, neglect, and
55 dependency proceedings;
56 • consideration of an individual's cannabis use in abuse, neglect, and dependency
57 proceedings;
58 • amending a petition for abuse, neglect, or dependency;
59 • referrals for mediation in an abuse, neglect, and dependency proceeding;
60 • temporary custody and protective services of a child who is the subject of a
61 petition for abuse, neglect, or dependency;
62 • shelter hearings;
63 • dispositions that may be ordered after an adjudication on a petition for abuse,
64 neglect, or dependency;
65 • permanency hearings; and
66 • removal of a minor from the jurisdiction of the juvenile court and custody of the
67 Division of Child and Family Services;
68 ▸ clarifies provisions related to proceedings for the termination and restoration of
69 parental rights, including provisions related to:
70 • the rules of procedure that apply to termination proceedings;
71 • individuals entitled to be present at termination proceedings;
72 • records of termination proceedings;
73 • physical or mental health examinations for termination proceedings;
74 • temporary custody of a child after a petition for termination of parental rights is
75 filed;
76 • consideration of an individual's use of cannabis in termination proceedings;
77 • amending a petition for termination of parental rights; and
78 • referrals for mediation in termination proceedings;
79 ▸ repeals provisions regarding the contents of a petition for termination of parental
80 rights;
81 ▸ clarifies the responsibilities of the Division of Juvenile Justice Services;
82 ▸ grants rulemaking authority to the Division of Juvenile Justice Services regarding
83 the operation of certain programs and facilities;
84 ▸ requires the Division of Juvenile Justice to provide prenatal and postnatal care to a
85 pregnant minor who is in secure detention or secure care;
86 ▸ allows the Division of Juvenile Justice Services to refer a minor, who has a child
87 while the minor is in secure detention or secure care, and the minor's child to the
88 Division of Child and Family Services to receive services;
89 ▸ requires a report for a runaway be given to the Division of Juvenile Justice Services;
90 ▸ requires the Division of Juvenile Justice Services to refer a runaway to the Division
91 of Child and Family Services to determine whether the runaway is abused,
92 neglected, or dependent;
93 ▸ reorganizes and clarifies statutes regarding the Youth Parole Authority;
94 ▸ modifies school notification requirements for minors who are taken into custody,
95 admitted to detention, or adjudicated by the juvenile court for certain offenses;
96 ▸ amends the grounds for which a minor may be taken into custody by a peace officer
97 or a juvenile probation officer;
98 ▸ provides the warrant requirements for taking a minor into custody after a
99 delinquency petition is filed;
100 ▸ clarifies the requirements for holding a minor in custody and releasing a minor from
101 custody;
102 ▸ clarifies the requirements for admitting a minor to detention;
103 ▸ provides the rights that a minor has in a detention facility;
104 ▸ provides the requirements for interviewing a minor who is taken into custody or
105 admitted to a detention facility;
106 ▸ clarifies when bail is allowed for a minor who is in a detention facility;
107 ▸ provides the types of pleas that a minor may enter in the juvenile court and the
108 requirements for a minor to withdraw a plea in the juvenile court;
109 ▸ clarifies that, in preparing a dispositional report or recommendation, a juvenile
110 probation officer or the juvenile court shall consider the dispositional guidelines;
111 ▸ provides that competency proceedings apply to a petition or an information filed in
112 the juvenile court for a minor;
113 ▸ clarifies competency proceedings for minors in juvenile court, including
114 commitment proceedings for a minor who is 18 years old or older;
115 ▸ clarifies provisions regarding delinquency proceedings, including:
116 • when the juvenile court or the Division of Juvenile Justice Services is required
117 to take photographs or fingerprints of a minor;
118 • the types of dispositions that a juvenile court may order after a minor is
119 adjudicated for an offense;
120 • the requirements for placing a minor in detention after an adjudication; and
121 • the time periods for probation and supervision by the juvenile court and the
122 Youth Parole Authority;
123 ▸ enacts provisions on the rights that minors have for delinquency proceedings;
124 ▸ provides the burden of proof for an adjudication of an offense;
125 ▸ amends the time period for suspending a disposition after an adjudication of an
126 offense;
127 ▸ clarifies provisions regarding the commitment and parole of a minor, including:
128 • commitment of a minor to a local mental health authority or the Utah State
129 Developmental Center; and
130 • the presumptive terms of commitment to secure care, parole supervision, and
131 aftercare services;
132 ▸ provides the rights that a juvenile offender has in secure care;
133 ▸ clarifies provisions regarding youth courts;
134 ▸ provides that a criminal defense attorney be appointed to the Youth Court Board;
135 ▸ clarifies provisions regarding juvenile records and expungement;
136 ▸ clarifies provisions regarding emancipation of a minor;
137 ▸ repeals statutes relating to the Division of Juvenile Justice Services, Youth Parole
138 Authority, and juvenile court proceedings; and
139 ▸ makes technical and conforming changes.
140 Money Appropriated in this Bill:
141 None
142 Other Special Clauses:
143 This bill provides a special effective date.
144 Utah Code Sections Affected:
145 AMENDS:
146 53G-6-201, as last amended by Laws of Utah 2020, Chapter 20
147 62A-4a-101, as last amended by Laws of Utah 2019, Chapters 259 and 335
148 62A-4a-202.2, as last amended by Laws of Utah 2008, Chapter 3
149 62A-5-308, as last amended by Laws of Utah 2011, Chapter 366
150 62A-5-309, as last amended by Laws of Utah 2011, Chapter 366
151 62A-15-705, as last amended by Laws of Utah 2018, Chapter 322
152 76-8-418, as last amended by Laws of Utah 2005, Chapter 13
153 78A-6-101, as last amended by Laws of Utah 2012, Chapter 316
154 78A-6-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
155 78A-6-103, as last amended by Laws of Utah 2020, Chapters 142, 214, and 250
156 78A-6-120, as last amended by Laws of Utah 2020, Chapter 214
157 78A-6-201, as renumbered and amended by Laws of Utah 2008, Chapter 3
158 78A-6-202, as renumbered and amended by Laws of Utah 2008, Chapter 3
159 78A-6-203, as last amended by Laws of Utah 2009, Chapter 356
160 78A-6-204, as renumbered and amended by Laws of Utah 2008, Chapter 3
161 78A-6-205, as renumbered and amended by Laws of Utah 2008, Chapter 3
162 78A-6-206, as renumbered and amended by Laws of Utah 2008, Chapter 3
163 78A-6-207, as renumbered and amended by Laws of Utah 2008, Chapter 3
164 78A-6-208, as last amended by Laws of Utah 2012, Chapter 316
165 78A-6-209, as last amended by Laws of Utah 2017, Chapter 326
166 78A-6-210, as last amended by Laws of Utah 2020, Chapter 312
167 78A-6-211, as renumbered and amended by Laws of Utah 2008, Chapter 3
168 78B-6-105, as last amended by Laws of Utah 2020, Chapter 214
169 78B-15-104, as last amended by Laws of Utah 2010, Chapter 237
170 ENACTS:
171 78A-2-801, Utah Code Annotated 1953
172 78A-6-101.5, Utah Code Annotated 1953
173 78A-6-103.5, Utah Code Annotated 1953
174 78A-6-357, Utah Code Annotated 1953
175 80-1-101, Utah Code Annotated 1953
176 80-2-101, Utah Code Annotated 1953
177 80-3-101, Utah Code Annotated 1953
178 80-3-105, Utah Code Annotated 1953
179 80-3-106, Utah Code Annotated 1953
180 80-3-107, Utah Code Annotated 1953
181 80-3-203, Utah Code Annotated 1953
182 80-3-206, Utah Code Annotated 1953
183 80-3-207, Utah Code Annotated 1953
184 80-3-405, Utah Code Annotated 1953
185 80-3-503, Utah Code Annotated 1953
186 80-4-103, Utah Code Annotated 1953
187 80-4-106, Utah Code Annotated 1953
188 80-4-107, Utah Code Annotated 1953
189 80-4-109, Utah Code Annotated 1953
190 80-4-205, Utah Code Annotated 1953
191 80-4-206, Utah Code Annotated 1953
192 80-4-207, Utah Code Annotated 1953
193 80-5-101, Utah Code Annotated 1953
194 80-5-102, Utah Code Annotated 1953
195 80-5-202, Utah Code Annotated 1953
196 80-5-702, Utah Code Annotated 1953
197 80-5-703, Utah Code Annotated 1953
198 80-6-101, Utah Code Annotated 1953
199 80-6-102, Utah Code Annotated 1953
200 80-6-103, Utah Code Annotated 1953
201 80-6-203, Utah Code Annotated 1953
202 80-6-205, Utah Code Annotated 1953
203 80-6-206, Utah Code Annotated 1953
204 80-6-301, Utah Code Annotated 1953
205 80-6-306, Utah Code Annotated 1953
206 80-6-602, Utah Code Annotated 1953
207 80-6-603, Utah Code Annotated 1953
208 80-6-604, Utah Code Annotated 1953
209 80-6-606, Utah Code Annotated 1953
210 80-6-701, Utah Code Annotated 1953
211 80-6-702, Utah Code Annotated 1953
212 80-6-703, Utah Code Annotated 1953
213 80-6-704, Utah Code Annotated 1953
214 80-6-705, Utah Code Annotated 1953
215 80-6-706, Utah Code Annotated 1953
216 80-6-708, Utah Code Annotated 1953
217 80-6-709, Utah Code Annotated 1953
218 80-6-710, Utah Code Annotated 1953
219 80-6-711, Utah Code Annotated 1953
220 80-6-712, Utah Code Annotated 1953
221 80-6-801, Utah Code Annotated 1953
222 80-6-1003, Utah Code Annotated 1953
223 80-7-101, Utah Code Annotated 1953
224 REPEALS AND REENACTS:
225 62A-4a-202.1, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
226 78A-6-104, as last amended by Laws of Utah 2020, Chapter 214
227 RENUMBERS AND AMENDS:
228 53G-6-210, (Renumbered from 78A-6-319, as last amended by Laws of Utah 2018,
229 Chapter 415)
230 53G-6-211, (Renumbered from 78A-6-320, as renumbered and amended by Laws of
231 Utah 2008, Chapter 3)
232 76-8-311.5, (Renumbered from 62A-7-402, as last amended by Laws of Utah 2020,
233 Chapter 214)
234 78A-2-802, (Renumbered from 78A-6-901, as last amended by Laws of Utah 2014,
235 Chapter 267)
236 78A-2-803, (Renumbered from 78A-6-902, as last amended by Laws of Utah 2019,
237 Chapter 335)
238 78A-2-804, (Renumbered from 78A-6-903, as enacted by Laws of Utah 2020, Chapter
239 230)
240 78A-6-212, (Renumbered from 62A-7-105.5, as last amended by Laws of Utah 2020,
241 Chapter 214)
242 78A-6-350, (Renumbered from 78A-6-110, as renumbered and amended by Laws of
243 Utah 2008, Chapter 3)
244 78A-6-351, (Renumbered from 78A-6-109, as last amended by Laws of Utah 2017,
245 Chapter 330)
246 78A-6-352, (Renumbered from 78A-6-111, as last amended by Laws of Utah 2018,
247 Chapter 148)
248 78A-6-353, (Renumbered from 78A-6-1101, as last amended by Laws of Utah 2019,
249 Chapter 162)
250 78A-6-354, (Renumbered from 78A-6-114, as last amended by Laws of Utah 2020,
251 Chapter 142)
252 78A-6-355, (Renumbered from 78A-6-1112, as renumbered and amended by Laws of
253 Utah 2008, Chapter 3)
254 78A-6-356, (Renumbered from 78A-6-1106, as last amended by Laws of Utah 2018,
255 Chapter 56)
256 78A-6-358, (Renumbered from 78A-6-118, as last amended by Laws of Utah 2020,
257 Chapter 214)
258 78A-6-359, (Renumbered from 78A-6-1109, as last amended by Laws of Utah 2013,
259 Chapter 245)
260 78A-6-450, (Renumbered from 78A-6-1001, as last amended by Laws of Utah 2018,
261 Chapter 415)
262 78A-6-451, (Renumbered from 78A-6-1002, as last amended by Laws of Utah 2013,
263 Chapter 237)
264 78A-6-452, (Renumbered from 78A-6-1003, as renumbered and amended by Laws of
265 Utah 2008, Chapter 3)
266 80-1-102, (Renumbered from 78A-6-105, as last amended by Laws of Utah 2020,
267 Chapters 214, 312 and last amended by Coordination Clause, Laws of Utah 2020,
268 Chapter 214)
269 80-1-103, (Renumbered from 78A-6-1110, as renumbered and amended by Laws of
270 Utah 2008, Chapter 3)
271 80-3-102, (Renumbered from 78A-6-301, as last amended by Laws of Utah 2018,
272 Chapter 46)
273 80-3-103, (Renumbered from 78A-6-303, as renumbered and amended by Laws of Utah
274 2008, Chapter 3)
275 80-3-104, (Renumbered from 78A-6-317, as last amended by Laws of Utah 2019,
276 Chapters 326 and 335)
277 80-3-108, (Renumbered from 78A-6-305, as last amended by Laws of Utah 2019,
278 Chapter 71)
279 80-3-109, (Renumbered from 78A-6-324, as renumbered and amended by Laws of Utah
280 2008, Chapter 3)
281 80-3-110, (Renumbered from 78A-6-115, as last amended by Laws of Utah 2020,
282 Chapters 12, 132, 250, and 354)
283 80-3-201, (Renumbered from 78A-6-304, as last amended by Laws of Utah 2020,
284 Chapter 158)
285 80-3-202, (Renumbered from 78A-6-107, as renumbered and amended by Laws of Utah
286 2008, Chapter 3)
287 80-3-204, (Renumbered from 78A-6-302, as last amended by Laws of Utah 2020,
288 Chapter 158)
289 80-3-205, (Renumbered from 78A-6-322, as last amended by Laws of Utah 2017,
290 Chapter 459)
291 80-3-301, (Renumbered from 78A-6-306, as last amended by Laws of Utah 2020,
292 Chapters 158 and 214)
293 80-3-302, (Renumbered from 78A-6-307, as last amended by Laws of Utah 2020,
294 Chapter 250)
295 80-3-303, (Renumbered from 78A-6-307.5, as last amended by Laws of Utah 2019,
296 Chapter 71)
297 80-3-304, (Renumbered from 78A-6-301.5, as enacted by Laws of Utah 2015, Chapter
298 274)
299 80-3-305, (Renumbered from 78A-6-308, as last amended by Laws of Utah 2012,
300 Chapter 293)
301 80-3-306, (Renumbered from 78A-6-308.5, as enacted by Laws of Utah 2018, Chapter
302 46)
303 80-3-401, (Renumbered from 78A-6-309, as renumbered and amended by Laws of Utah
304 2008, Chapter 3)
305 80-3-402, (Renumbered from 78A-6-311, as renumbered and amended by Laws of Utah
306 2008, Chapter 3)
307 80-3-403, (Renumbered from 78A-6-321, as renumbered and amended by Laws of Utah
308 2008, Chapter 3)
309 80-3-404, (Renumbered from 78A-6-323, as last amended by Laws of Utah 2015,
310 Chapters 255 and 307)
311 80-3-406, (Renumbered from 78A-6-312, as last amended by Laws of Utah 2020,
312 Chapter 214)
313 80-3-407, (Renumbered from 78A-6-313, as renumbered and amended by Laws of Utah
314 2008, Chapter 3)
315 80-3-408, (Renumbered from 78A-6-315, as last amended by Laws of Utah 2009,
316 Chapter 161)
317 80-3-409, (Renumbered from 78A-6-314, as last amended by Laws of Utah 2020,
318 Chapter 158)
319 80-3-501, (Renumbered from 78A-6-311.5, as last amended by Laws of Utah 2020,
320 Chapter 250)
321 80-3-502, (Renumbered from 78A-6-318, as last amended by Laws of Utah 2018,
322 Chapter 285)
323 80-4-101, (Renumbered from 78A-6-501, as renumbered and amended by Laws of Utah
324 2008, Chapter 3)
325 80-4-102, (Renumbered from 78A-6-502, as renumbered and amended by Laws of Utah
326 2008, Chapter 3)
327 80-4-104, (Renumbered from 78A-6-503, as last amended by Laws of Utah 2020,
328 Chapter 158)
329 80-4-105, (Renumbered from 78A-6-513, as last amended by Laws of Utah 2013,
330 Chapters 340, 416 and last amended by Coordination Clause, Laws of Utah 2013,
331 Chapter 416)
332 80-4-108, (Renumbered from 78A-6-515, as last amended by Laws of Utah 2012,
333 Chapter 120)
334 80-4-201, (Renumbered from 78A-6-504, as renumbered and amended by Laws of Utah
335 2008, Chapter 3)
336 80-4-202, (Renumbered from 78A-6-505, as renumbered and amended by Laws of Utah
337 2008, Chapter 3)
338 80-4-203, (Renumbered from 78A-6-316, as renumbered and amended by Laws of Utah
339 2008, Chapter 3)
340 80-4-204, (Renumbered from 78A-6-506, as last amended by Laws of Utah 2018,
341 Chapter 359)
342 80-4-301, (Renumbered from 78A-6-507, as last amended by Laws of Utah 2020,
343 Chapter 158)
344 80-4-302, (Renumbered from 78A-6-508, as last amended by Laws of Utah 2018, Third
345 Special Session, Chapter 1)
346 80-4-303, (Renumbered from 78A-6-509, as renumbered and amended by Laws of Utah
347 2008, Chapter 3)
348 80-4-304, (Renumbered from 78A-6-510, as renumbered and amended by Laws of Utah
349 2008, Chapter 3)
350 80-4-305, (Renumbered from 78A-6-511, as last amended by Laws of Utah 2013,
351 Chapter 416 and last amended by Coordination Clause, Laws of Utah 2013, Chapter
352 416)
353 80-4-306, (Renumbered from 78A-6-512, as last amended by Laws of Utah 2009,
354 Chapter 32)
355 80-4-307, (Renumbered from 78A-6-514, as renumbered and amended by Laws of Utah
356 2008, Chapter 3)
357 80-4-401, (Renumbered from 78A-6-1403, as last amended by Laws of Utah 2015,
358 Chapter 272)
359 80-4-402, (Renumbered from 78A-6-1404, as last amended by Laws of Utah 2015,
360 Chapter 272)
361 80-5-103, (Renumbered from 62A-7-102, as last amended by Laws of Utah 2019,
362 Chapter 246)
363 80-5-104, (Renumbered from 62A-7-103, as last amended by Laws of Utah 2019,
364 Chapter 246)
365 80-5-201, (Renumbered from 62A-7-104, as last amended by Laws of Utah 2020,
366 Chapter 214)
367 80-5-203, (Renumbered from 78A-6-124, as enacted by Laws of Utah 2017, Chapter
368 330)
369 80-5-204, (Renumbered from 62A-7-106.5, as last amended by Laws of Utah 2019,
370 Chapter 246)
371 80-5-205, (Renumbered from 62A-7-107.5, as last amended by Laws of Utah 2020,
372 Chapter 214)
373 80-5-206, (Renumbered from 62A-7-108.5, as last amended by Laws of Utah 2020,
374 Chapter 214)
375 80-5-207, (Renumbered from 62A-7-109.5, as last amended by Laws of Utah 2020,
376 Chapter 214)
377 80-5-208, (Renumbered from 62A-7-403, as last amended by Laws of Utah 2020,
378 Chapter 214)
379 80-5-301, (Renumbered from 62A-7-104.5, as enacted by Laws of Utah 2013, Chapter
380 452)
381 80-5-302, (Renumbered from 62A-7-112, as enacted by Laws of Utah 2019, Chapter
382 162)
383 80-5-303, (Renumbered from 62A-7-113, as last amended by Laws of Utah 2020,
384 Chapter 214)
385 80-5-401, (Renumbered from 62A-7-601, as last amended by Laws of Utah 2019,
386 Chapter 246)
387 80-5-402, (Renumbered from 62A-7-701, as last amended by Laws of Utah 2020,
388 Chapter 214)
389 80-5-403, (Renumbered from 62A-7-702, as last amended by Laws of Utah 2020,
390 Chapter 214)
391 80-5-501, (Renumbered from 62A-7-202, as last amended by Laws of Utah 2017,
392 Chapter 330)
393 80-5-502, (Renumbered from 62A-7-203, as last amended by Laws of Utah 2012,
394 Chapter 242)
395 80-5-503, (Renumbered from 62A-7-401.5, as last amended by Laws of Utah 2020,
396 Chapter 214)
397 80-5-601, (Renumbered from 62A-4a-501, as last amended by Laws of Utah 2019,
398 Chapter 242)
399 80-5-602, (Renumbered from 62A-4a-502, as enacted by Laws of Utah 2019, Chapter
400 242)
401 80-5-603, (Renumbered from 78A-6-117.5, as last amended by Laws of Utah 2020,
402 Chapter 250)
403 80-5-701, (Renumbered from 62A-7-501, as last amended by Laws of Utah 2020,
404 Chapters 214 and 352)
405 80-6-201, (Renumbered from 78A-6-112, as last amended by Laws of Utah 2020,
406 Chapter 214)
407 80-6-202, (Renumbered from 78A-6-106.5, as enacted by Laws of Utah 2017, Chapter
408 330)
409 80-6-204, (Renumbered from 62A-7-201, as last amended by Laws of Utah 2020,
410 Chapter 214)
411 80-6-207, (Renumbered from 78A-6-113, as last amended by Laws of Utah 2020,
412 Chapters 214, 250, and 312)
413 80-6-302, (Renumbered from 78A-6-603, as last amended by Laws of Utah 2020,
414 Chapters 214, 312 and last amended by Coordination Clause, Laws of Utah 2020,
415 Chapter 214)
416 80-6-303, (Renumbered from 78A-6-601, as last amended by Laws of Utah 2020,
417 Chapters 214, 312 and last amended by Coordination Clause, Laws of Utah 2020,
418 Chapter 214)
419 80-6-304, (Renumbered from 78A-6-602, as last amended by Laws of Utah 2020, Fifth
420 Special Session, Chapter 4)
421 80-6-305, (Renumbered from 78A-6-602.5, as last amended by Laws of Utah 2020,
422 Fifth Special Session, Chapter 4)
423 80-6-307, (Renumbered from 78A-6-605, as renumbered and amended by Laws of Utah
424 2008, Chapter 3)
425 80-6-401, (Renumbered from 78A-6-1301, as last amended by Laws of Utah 2019,
426 Chapter 388)
427 80-6-402, (Renumbered from 78A-6-1302, as last amended by Laws of Utah 2019,
428 Chapters 136, 335, and 388)
429 80-6-403, (Renumbered from 78A-6-1303, as last amended by Laws of Utah 2019,
430 Chapter 388)
431 80-6-501, (Renumbered from 78A-6-703.1, as enacted by Laws of Utah 2020, Chapter
432 214)
433 80-6-502, (Renumbered from 78A-6-703.2, as enacted by Laws of Utah 2020, Chapter
434 214)
435 80-6-503, (Renumbered from 78A-6-703.3, as enacted by Laws of Utah 2020, Chapter
436 214)
437 80-6-504, (Renumbered from 78A-6-703.5, as enacted by Laws of Utah 2020, Chapter
438 214)
439 80-6-505, (Renumbered from 78A-6-703.6, as enacted by Laws of Utah 2020, Chapter
440 214)
441 80-6-506, (Renumbered from 78A-6-704, as last amended by Laws of Utah 2020,
442 Chapter 214)
443 80-6-507, (Renumbered from 78A-6-705, as last amended by Laws of Utah 2020,
444 Chapter 214)
445 80-6-601, (Renumbered from 78A-6-116, as last amended by Laws of Utah 2020,
446 Chapters 214, 218, 312 and last amended by Coordination Clause, Laws of Utah
447 2020, Chapter 214)
448 80-6-605, (Renumbered from 78A-6-703.4, as enacted by Laws of Utah 2020, Chapter
449 214)
450 80-6-607, (Renumbered from 78A-6-123, as last amended by Laws of Utah 2020,
451 Chapter 142)
452 80-6-608, (Renumbered from 78A-6-1104, as last amended by Laws of Utah 2012,
453 Chapter 369)
454 80-6-609, (Renumbered from 78A-6-122, as enacted by Laws of Utah 2015, Chapter
455 338)
456 80-6-610, (Renumbered from 78A-6-1113, as last amended by Laws of Utah 2015,
457 Chapter 258)
458 80-6-707, (Renumbered from 78A-6-606, as last amended by Laws of Utah 2017,
459 Chapter 330)
460 80-6-802, (Renumbered from 62A-7-404, as repealed and reenacted by Laws of Utah
461 2020, Chapter 214)
462 80-6-803, (Renumbered from 62A-7-111.5, as last amended by Laws of Utah 2020,
463 Chapter 214)
464 80-6-804, (Renumbered from 62A-7-404.5, as enacted by Laws of Utah 2020, Chapter
465 214)
466 80-6-805, (Renumbered from 62A-7-502, as last amended by Laws of Utah 2020,
467 Chapter 214)
468 80-6-806, (Renumbered from 62A-7-504, as last amended by Laws of Utah 2020,
469 Chapter 214)
470 80-6-807, (Renumbered from 62A-7-506, as last amended by Laws of Utah 2020,
471 Chapter 214)
472 80-6-808, (Renumbered from 62A-7-507, as last amended by Laws of Utah 2020,
473 Chapter 214)
474 80-6-901, (Renumbered from 78A-6-1202, as last amended by Laws of Utah 2017,
475 Chapter 330)
476 80-6-902, (Renumbered from 78A-6-1203, as last amended by Laws of Utah 2018,
477 Chapter 415)
478 80-6-903, (Renumbered from 78A-6-1204, as renumbered and amended by Laws of
479 Utah 2008, Chapter 3)
480 80-6-904, (Renumbered from 78A-6-1205, as last amended by Laws of Utah 2009,
481 Chapter 356)
482 80-6-905, (Renumbered from 78A-6-1206, as last amended by Laws of Utah 2009,
483 Chapter 356)
484 80-6-906, (Renumbered from 78A-6-1207, as last amended by Laws of Utah 2013,
485 Chapter 27)
486 80-6-907, (Renumbered from 78A-6-1208, as last amended by Laws of Utah 2013,
487 Chapter 27)
488 80-6-908, (Renumbered from 78A-6-1209, as renumbered and amended by Laws of
489 Utah 2008, Chapter 3)
490 80-6-909, (Renumbered from 78A-6-1210, as renumbered and amended by Laws of
491 Utah 2008, Chapter 123)
492 80-6-1001, (Renumbered from 78A-6-1502, as enacted by Laws of Utah 2020, Chapter
493 218)
494 80-6-1002, (Renumbered from 78A-6-1114, as last amended by Laws of Utah 2020,
495 Chapter 108)
496 80-6-1004, (Renumbered from 78A-6-1503, as renumbered and amended by Laws of
497 Utah 2020, Chapter 218)
498 80-6-1005, (Renumbered from 78A-6-1504, as enacted by Laws of Utah 2020, Chapter
499 218)
500 80-6-1006, (Renumbered from 78A-6-1505, as enacted by Laws of Utah 2020, Chapter
501 218)
502 80-6-1007, (Renumbered from 78A-6-1506, as enacted by Laws of Utah 2020, Chapter
503 218)
504 80-7-102, (Renumbered from 78A-6-802, as renumbered and amended by Laws of Utah
505 2008, Chapter 3)
506 80-7-103, (Renumbered from 78A-6-803, as renumbered and amended by Laws of Utah
507 2008, Chapter 3)
508 80-7-104, (Renumbered from 78A-6-804, as last amended by Laws of Utah 2010,
509 Chapter 259)
510 80-7-105, (Renumbered from 78A-6-805, as renumbered and amended by Laws of Utah
511 2008, Chapter 3)
512 REPEALS:
513 62A-4a-203.5, as last amended by Laws of Utah 2008, Chapter 3
514 62A-7-101, as last amended by Laws of Utah 2020, Chapter 214
515 62A-7-503, as renumbered and amended by Laws of Utah 2005, Chapter 13
516 62A-7-505, as last amended by Laws of Utah 2020, Chapter 214
517 78A-6-106, as last amended by Laws of Utah 2018, Chapter 285
518 78A-6-108, as last amended by Laws of Utah 2020, Chapter 214
519 78A-6-117, as last amended by Laws of Utah 2020, Fifth Special Session, Chapters 20
520 and 20
521 78A-6-119, as last amended by Laws of Utah 2019, Chapter 162
522 78A-6-121, as last amended by Laws of Utah 2017, Chapter 330
523 78A-6-310, as renumbered and amended by Laws of Utah 2008, Chapter 3
524 78A-6-604, as last amended by Laws of Utah 2019, Chapter 162
525 78A-6-801, as renumbered and amended by Laws of Utah 2008, Chapter 3
526 78A-6-1102, as renumbered and amended by Laws of Utah 2008, Chapter 3
527 78A-6-1103, as last amended by Laws of Utah 2019, Chapters 136 and 335
528 78A-6-1107, as last amended by Laws of Utah 2020, Chapter 214
529 78A-6-1108, as last amended by Laws of Utah 2020, Chapter 214
530 78A-6-1111, as last amended by Laws of Utah 2020, Chapters 371, 392, and 395
531 78A-6-1201, as renumbered and amended by Laws of Utah 2008, Chapter 3
532 78A-6-1401, as enacted by Laws of Utah 2013, Chapter 340
533 78A-6-1402, as enacted by Laws of Utah 2013, Chapter 340
534 78A-6-1501, as enacted by Laws of Utah 2020, Chapter 218
535
536 Be it enacted by the Legislature of the state of Utah:
537 Section 1. Section 53G-6-201 is amended to read:
538 53G-6-201. Definitions.
539 As used in this part:
540 (1) (a) "Absence" or "absent" means the failure of a school-age child assigned to a class
541 or class period to attend a class or class period.
542 (b) "Absence" or "absent" does not mean multiple tardies used to calculate an absence
543 for the sake of a truancy.
544 [
545 (2) "Educational neglect" means the same as that term is defined in Section 80-1-102.
546 (3) "Minor" means an individual who is under 18 years old.
547 [
548 (a) a custodial parent of the minor;
549 (b) a legally appointed guardian of a minor; or
550 (c) any other person purporting to exercise any authority over the minor which could be
551 exercised by a person described in Subsection [
552 [
553 school-age child is required to be in school for purposes of receiving instruction.
554 [
555 charter school governing board as the school year for the school where the school-age child:
556 (a) is enrolled; or
557 (b) should be enrolled, if the school-age child is not enrolled in school.
558 [
559 (a) is at least six years old but younger than 18 years old; and
560 (b) is not emancipated.
561 [
562 excuse, and subject to Subsection [
563 (i) half of the school day; or
564 (ii) if the school-age child is enrolled in a learner verified program, as that term is
565 defined by the state board, the relevant amount of time under the LEA's policy regarding the
566 LEA's continuing enrollment measure as it relates to truancy.
567 (b) A school-age child may not be considered truant under this part more than one time
568 during one day.
569 [
570 (a) is subject to the requirements of Section 53G-6-202 or 53G-6-203; and
571 (b) is truant.
572 [
573 (i) an illness, which may be either mental or physical;
574 (ii) a family death;
575 (iii) an approved school activity;
576 (iv) an absence permitted by a school-age child's:
577 (A) individualized education program; or
578 (B) Section 504 accommodation plan;
579 (v) an absence permitted in accordance with Subsection 53G-6-803(5); or
580 (vi) any other excuse established as valid by a local school board, charter school
581 governing board, or school district.
582 (b) "Valid excuse" does not mean a parent acknowledgment of an absence for a reason
583 other than a reason described in Subsections [
584 permitted by the local school board, charter school governing board, or school district under
585 Subsection [
586 Section 2. Section 53G-6-210, which is renumbered from Section 78A-6-319 is
587 renumbered and amended to read:
588 [
589 Defenses.
590 (1) With regard to a [
591 under Section 80-3-201 based on educational neglect:
592 (a) if allegations include failure of a [
593 progress, the juvenile court shall permit demonstration of the [
594 skills and abilities based upon any of the criteria used in granting school credit, in accordance
595 with Section 53G-6-702;
596 (b) parental refusal to comply with actions taken by school authorities in violation of
597 Section 53G-10-202, 53G-10-205, 53G-10-403, or 53G-10-203, does not constitute educational
598 neglect;
599 (c) parental refusal to support efforts by a school to encourage a [
600 accordance with any educational objective that focuses on the adoption or expression of a
601 personal philosophy, attitude, or belief that is not reasonably necessary to maintain order and
602 discipline in the school, prevent unreasonable endangerment of persons or property, or to
603 maintain concepts of civility and propriety appropriate to a school setting, does not constitute
604 educational neglect; and
605 (d) an allegation of educational neglect may not be sustained, based solely on a
606 [
607 from any given class, without good cause, for more than 10 consecutive school days or more
608 than 1/16 of the applicable school term.
609 (2) A [
610 of this chapter:
611 (a) unless there is clear and convincing evidence that:
612 (i) the [
613 officials have complied with the requirements of Section 53G-6-206; and
614 (ii) the [
615 expectations in one or more basic skills, and is not receiving special educational services or
616 systematic remediation efforts designed to correct the problem;
617 (b) if the [
618 evidence that:
619 (i) school authorities have failed to comply with the requirements of [
620
621 (ii) the [
622 53G-6-204;
623 (iii) there is documentation that the [
624 progress at a level commensurate with the [
625 (iv) the parent, guardian, or other person in control of the [
626 good faith effort to secure the [
627 (v) good cause or a valid excuse exists for the [
628 (vi) the [
629 is exempt under other applicable state or federal law;
630 (vii) the [
631 public school's age group expectations in all basic skills, as measured by a standardized
632 academic achievement test administered by the school district where the [
633 resides; or
634 (viii) the parent or guardian [
635 curriculum to required school curriculum, in accordance with Section 53G-10-205 or
636 53G-10-403, [
637 parents have implemented the alternative curriculum; or
638 (c) if the [
639 Section 3. Section 53G-6-211, which is renumbered from Section 78A-6-320 is
640 renumbered and amended to read:
641 [
642 school.
643 (1) (a) When a proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency
644 Proceedings, arises from a [
645 assertion of a constitutional or statutory right or duty, raised either by the [
646
647 shall hear the petition and resolve the issues associated with the asserted constitutional or
648 statutory claims within 15 days after the day on which the petition is filed.
649 (b) The parties may waive the time limitation described in this subsection.
650 (2) Absent an emergency situation or other exigent circumstances, the juvenile court
651 may not enter any order changing the educational status of the [
652 time the petition was filed, until the hearing described in Subsection (1) is concluded.
653 (3) [
654 provide the juvenile court with factual stipulations and make all other efforts that are
655 reasonably available to minimize the time required to hear the claims described in Subsection
656 (1).
657 Section 4. Section 62A-4a-101 is amended to read:
658 62A-4a-101. Definitions.
659 As used in this chapter:
660 (1) "Abuse" means the same as that term is defined in Section [
661 (2) "Adoption services" means:
662 (a) placing children for adoption;
663 (b) subsidizing adoptions under Section 62A-4a-105;
664 (c) supervising adoption placements until the adoption is finalized by the court;
665 (d) conducting adoption studies;
666 (e) preparing adoption reports upon request of the court; and
667 (f) providing postadoptive placement services, upon request of a family, for the
668 purpose of stabilizing a possible disruptive placement.
669 (3) "Child" means, except as provided in Part 7, Interstate Compact on Placement of
670 Children, [
671 (4) "Child protection team" means a team consisting of:
672 (a) the caseworker assigned to the case;
673 (b) the caseworker who made the decision to remove the child;
674 (c) a representative of the school or school district where the child attends school;
675 (d) the peace officer who removed the child from the home;
676 (e) a representative of the appropriate Children's Justice Center, if one is established
677 within the county where the child resides;
678 (f) if appropriate, and known to the division, a therapist or counselor who is familiar
679 with the child's circumstances;
680 (g) members of a child protection unit; and
681 (h) any other individuals determined appropriate and necessary by the team coordinator
682 and chair.
683 (5) "Child protection unit" means any unit created by a chief of police or a sheriff of a
684 city, town, metro township, or county that is composed of at least the following individuals
685 who are trained in the prevention, identification, and treatment of abuse or neglect:
686 (a) a law enforcement officer, as defined in Section 53-13-103; and
687 (b) a child advocate selected by the chief of police or a sheriff.
688 (6) (a) "Chronic abuse" means repeated or patterned abuse.
689 (b) "Chronic abuse" does not mean an isolated incident of abuse.
690 (7) (a) "Chronic neglect" means repeated or patterned neglect.
691 (b) "Chronic neglect" does not mean an isolated incident of neglect.
692 (8) "Consult" means an interaction between two persons in which the initiating person:
693 (a) provides information to another person;
694 (b) provides the other person an opportunity to respond; and
695 (c) takes the other person's response, if any, into consideration.
696 (9) "Consumer" means a person who receives services offered by the division in
697 accordance with this chapter.
698 (10) "Custody," with regard to the division, means the custody of a minor in the
699 division as of the date of disposition.
700 (11) "Day-care services" means care of a child for a portion of the day which is less
701 than 24 hours:
702 (a) in the child's own home by a responsible person; or
703 (b) outside of the child's home in a:
704 (i) day-care center;
705 (ii) family group home; or
706 (iii) family child care home.
707 (12) "Dependent child" or "dependency" means [
708
709
710 (13) "Director" means the director of the Division of Child and Family Services created
711 in Section 62A-4a-103.
712 (14) "Division" means the Division of Child and Family Services.
713 (15) "Domestic violence services" means:
714 (a) temporary shelter, treatment, and related services to:
715 (i) a person who is a victim of abuse, as defined in Section 78B-7-102; and
716 (ii) the dependent children of a person who is a victim of abuse, as defined in Section
717 78B-7-102; and
718 (b) treatment services for a person who is alleged to have committed, has been
719 convicted of, or has pled guilty to, an act of domestic violence as defined in Section 77-36-1.
720 (16) "Educational neglect" means the same as that term is defined in Section 80-1-102.
721 [
722 80-1-102.
723 [
724 help given to individual caretaker relatives to achieve improved household and family
725 management through the services of a trained homemaker.
726 [
727 80-1-102.
728 [
729 1903.
730 [
731 1903.
732 [
733 Placement of Children[
734 [
735 [
736 [
737 [
738
739 [
740 [
741 [
742 (a) opened by the division under the division's discretion and procedures;
743 (b) opened by the law enforcement agency with jurisdiction over the case; and
744 (c) accepted for investigation by the child protection unit established by the chief of
745 police or sheriff, as applicable.
746 [
747
748 (25) "Natural parent" means the same as that term is defined in Section 80-1-102.
749 [
750 80-1-102.
751 [
752
753 [
754 [
755 (27) "Protective custody" means the same as that term is defined in Section 80-1-102.
756 [
757 (a) in response to evidence of neglect, abuse, or dependency of a child;
758 (b) to a cohabitant who is neglecting or abusing a child, in order to:
759 (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
760 causes of neglect or abuse; and
761 (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
762 (c) in cases where the child's welfare is endangered:
763 (i) to bring the situation to the attention of the appropriate juvenile court and law
764 enforcement agency;
765 (ii) to cause a protective order to be issued for the protection of the child, when
766 appropriate; and
767 (iii) to protect the child from the circumstances that endanger the child's welfare
768 including, when appropriate:
769 (A) removal from the child's home;
770 (B) placement in substitute care; and
771 (C) petitioning the court for termination of parental rights.
772 [
773 [
774 [
775 [
776 [
777 [
778 [
779 [
780 [
781 (34) "Shelter facility" means a nonsecure facility that provides shelter care for a minor.
782 [
783 common either by blood or adoption.
784 [
785 interaction between a child in division custody with a sibling of that child.
786 [
787 (a) a state of the United States;
788 (b) the District of Columbia;
789 (c) the Commonwealth of Puerto Rico;
790 (d) the Virgin Islands;
791 (e) Guam;
792 (f) the Commonwealth of the Northern Mariana Islands; or
793 (g) a territory or possession administered by the United States.
794 [
795 youth, and family services administered by the division in accordance with federal law.
796 [
797
798 [
799 [
800 [
801 preponderance of the evidence that abuse or neglect occurred. Each allegation made or
802 identified in a given case shall be considered separately in determining whether there should be
803 a finding of substantiated.
804 [
805 (a) the placement of a minor in a family home, group care facility, or other placement
806 outside the minor's own home, either at the request of a parent or other responsible relative, or
807 upon court order, when it is determined that continuation of care in the minor's own home
808 would be contrary to the minor's welfare;
809 (b) services provided for a minor awaiting placement; and
810 (c) the licensing and supervision of a substitute care facility.
811 [
812 available at the completion of an investigation that there is a reasonable basis to conclude that
813 abuse, neglect, or dependency occurred. Each allegation made or identified during the course
814 of the investigation shall be considered separately in determining whether there should be a
815 finding of supported.
816 [
817
818 (44) "Temporary custody" means, with regard to the division, the custody of a child
819 from the day on which the shelter hearing described in Section 80-3-301 is held until the day
820 on which the juvenile court enters a disposition under Section 80-3-405.
821 [
822 [
823 [
824 with escort service, if necessary, to and from community facilities and resources as part of a
825 service plan.
826 [
827 evidence to conclude that abuse or neglect occurred.
828 [
829 investigation that there is insufficient evidence to conclude that abuse, neglect, or dependency
830 occurred. However, a finding of unsupported means also that the division did not conclude
831 that the allegation was without merit.
832 [
833 the division, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur,
834 or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
835 Section 5. Section 62A-4a-202.1 is repealed and reenacted to read:
836 62A-4a-202.1. Removal or protective custody of a child -- Search warrants --
837 Temporary care of a child.
838 (1) A peace officer or a child welfare worker may not enter the home of a child whose
839 case is not under the jurisdiction of the court, remove a child from the child's home or school,
840 or take a child into protective custody unless:
841 (a) there exist exigent circumstances sufficient to relieve the peace officer or the child
842 welfare worker of the requirement to obtain a search warrant under Subsection (4) or (8);
843 (b) the peace officer or the child welfare worker obtains a search warrant under
844 Subsection (4) or (8);
845 (c) the peace officer or the child welfare worker obtains a court order after the child's
846 parent or guardian is given notice and an opportunity to be heard; or
847 (d) the peace officer or the child welfare worker obtains the consent of the child's
848 parent or guardian.
849 (2) A peace officer or a child welfare worker may not remove a child from the child's
850 home or take a child into custody under this section solely on the basis of:
851 (a) educational neglect, truancy, or failure to comply with a court order to attend
852 school; or
853 (b) the possession or use, in accordance with Title 26, Chapter 61a, Utah Medical
854 Cannabis Act, of cannabis in a medicinal dosage form, a cannabis product in a medicinal
855 dosage form, or a medical cannabis device, as those terms are defined in Section 26-61a-102.
856 (3) (a) A child welfare worker may take action under Subsection (1) accompanied by a
857 peace officer or without a peace officer if a peace officer is not reasonably available.
858 (b) Before taking a child into protective custody, and if possible and if consistent with
859 the child's safety and welfare, a child welfare worker shall determine whether there are services
860 available that, if provided to a parent or guardian of the child, would eliminate the need to
861 remove the child from the custody of the child's parent or guardian.
862 (c) If the services described in Subsection (3)(b) are reasonably available, the services
863 described in Subsection (3)(b) shall be utilized.
864 (d) In determining whether the services described in Subsection (3)(b) are reasonably
865 available, and in making reasonable efforts to provide the services described in Subsection
866 (3)(b), the child's health, safety, and welfare shall be the child welfare worker's paramount
867 concern.
868 (4) (a) The juvenile court may issue a warrant authorizing a peace officer or a child
869 welfare worker to search for a child and take the child into protective custody if it appears to
870 the juvenile court upon a verified petition, recorded sworn testimony or an affidavit sworn to
871 by a peace officer or any other individual, and upon the examination of other witnesses if
872 required by the juvenile court, that there is probable cause to believe that:
873 (i) there is a threat of substantial harm to the child's health or safety;
874 (ii) it is necessary to take the child into protective custody to avoid the harm described
875 in Subsection (4)(a)(i); and
876 (iii) it is likely that the child will suffer substantial harm if the parent or guardian of the
877 child is given notice and an opportunity to be heard before the child is taken into protective
878 custody.
879 (b) In accordance with Section 77-23-210, a peace officer making the search may enter
880 a house or premises by force, if necessary, in order to remove the child.
881 (c) The individual executing the warrant shall take the child to a shelter facility
882 designated by the juvenile court or the division or to an emergency placement if the division
883 makes an emergency placement under Section 62A-4a-209.
884 (5) If a peace officer or a child welfare worker takes a child into protective custody
885 under Subsection (1), the peace officer or the child welfare worker shall:
886 (a) notify the child's parent or guardian as described in Section 62A-4a-202.2;
887 (b) release the child to the care of the child's parent, guardian, or another responsible
888 adult, unless:
889 (i) the child's immediate welfare requires the child remain in protective custody; or
890 (ii) the protection of the community requires the child's detention in accordance with
891 Title 80, Chapter 6, Part 2, Custody and Detention.
892 (6) If a peace officer or a child welfare worker takes a child to a shelter facility, the
893 peace officer or the child welfare worker shall promptly file a written report, on a form
894 provided by the division, with the shelter facility.
895 (7) (a) A child removed or taken into protective custody under this section may not be
896 placed or kept in detention, as defined in Section 80-1-102, pending court proceedings, unless
897 the child may be held in detention under Title 80, Chapter 6, Part 2, Custody and Detention.
898 (b) A child removed from the custody of the child's parent or guardian but who does
899 not require physical restriction shall be given temporary care in:
900 (i) a shelter facility; or
901 (ii) an emergency placement in accordance with Section 62A-4a-209.
902 (c) When making a placement under Subsection (7)(b), the division shall give priority
903 to a placement with a noncustodial parent, relative, or friend in accordance with Section
904 62A-4a-209.
905 (d) If the child is not placed with a noncustodial parent, a relative, or a designated
906 friend, the caseworker assigned to the child shall file a report with the caseworker's supervisor
907 explaining why a different placement was in the child's best interest.
908 (8) A juvenile court shall issue a warrant authorizing a peace officer or a child welfare
909 worker to search for a child who is missing, has been abducted, or has run away, and take the
910 child into custody if the court determines that:
911 (a) the child is in the legal custody of the division; and
912 (b) the child is missing, has been abducted, or has run away.
913 (9) When a juvenile court issues a warrant under Subsection (8):
914 (a) the division shall notify the child's parent or guardian who has a right to parent-time
915 with the child;
916 (b) the court shall order:
917 (i) the law enforcement agency that has jurisdiction over the location from which the
918 child ran away to enter a record of the warrant into the National Crime Information Center
919 database within 24 hours after the time in which the law enforcement agency receives a copy of
920 the warrant; and
921 (ii) the division to notify the law enforcement agency described in Subsection (9)(b)(i)
922 of the order described in Subsection (9)(b)(i); and
923 (c) the court shall specify the location to which the peace officer or the child welfare
924 worker shall transport the child.
925 (10) (a) The parent or guardian to be notified under Subsection (9) must be:
926 (i) the child's primary caregiver; or
927 (ii) the parent or guardian who has custody of the child when the order is sought.
928 (b) The person required to provide notice under Subsection (9) shall make a good faith
929 effort to provide notice to a parent or guardian who:
930 (i) is not required to be notified under Subsection (10)(a); and
931 (ii) has a right to parent-time with the child.
932 Section 6. Section 62A-4a-202.2 is amended to read:
933 62A-4a-202.2. Notice upon removal of a child -- Locating noncustodial parent --
934 Information provided to parent, guardian, or responsible adult.
935 (1) (a) [
936 who takes a child into protective custody [
937 62A-4a-202.1(1), shall immediately use reasonable efforts to locate and inform, through the
938 most efficient means available, the parents, including a noncustodial parent, the guardian, or
939 responsible relative:
940 (i) that the child has been taken into protective custody;
941 (ii) the reasons for removal and placement of the child in protective custody;
942 (iii) that [
943 will be provided with information on:
944 (A) the parent's or guardian's procedural rights; and
945 (B) the preliminary stages of the investigation and shelter hearing;
946 (iv) of a telephone number where the parent or guardian may access further
947 information;
948 (v) that the child and the child's parent or guardian are entitled to have an attorney
949 present at the shelter hearing;
950 (vi) that if the child's parent or guardian is [
951 defined in Section 78B-22-102, and desires to have an attorney, one will be provided; and
952 (vii) that resources are available to assist the child's parent or guardian, including:
953 (A) a parent advocate;
954 (B) a qualified attorney; or
955 (C) potential expert witnesses to testify on behalf of the[
956 guardian, or the child's family.
957 [
958 [
959 [
960 [
961 (b) For purposes of locating and informing the noncustodial parent as required in
962 Subsection (1)(a), the division shall search for the noncustodial parent through the national
963 parent locator database if the division is unable to locate the noncustodial parent through other
964 reasonable efforts.
965 [
966
967 [
968 [
969 (2) At the time that a child is taken into protective custody under Subsection
970 62A-4a-202.1(1), the child's parent or a guardian shall be provided an informational packet
971 with:
972 (a) all of the information described in Subsection (1);
973 (b) information on the conditions under which a child may be released;
974 (c) information on resources that are available to the parent or guardian, including:
975 (i) mental health resources;
976 (ii) substance abuse resources; and
977 (iii) parenting classes; and
978 (d) any other information considered relevant by the division.
979 (3) The informational packet described in Subsection (2) shall be:
980 (a) evaluated periodically for the effectiveness of the informational packet at conveying
981 necessary information and revised accordingly;
982 (b) written in simple, easy-to-understand language;
983 (c) available in English and other languages as the division determines to be
984 appropriate and necessary; and
985 (d) made available for distribution in:
986 [
987 [
988 [
989 [
990 [
991 [
992 [
993 [
994 [
995 [
996
997 [
998 [
999 parent or guardian or a responsible relative in accordance with the requirements of Subsection
1000 (1), failure to notify:
1001 (a) shall be considered to be due to circumstances beyond the control of the peace
1002 officer or caseworker; and
1003 (b) may not be construed to:
1004 (i) permit a new defense to any juvenile or judicial proceeding; or
1005 (ii) interfere with any rights, procedures, or investigations provided for by this chapter
1006 or [
1007 Dependency Proceedings, or Chapter 4, Termination and Restoration of Parental Rights.
1008 Section 7. Section 62A-5-308 is amended to read:
1009 62A-5-308. Commitment -- Individuals under 18 years old.
1010 (1) [
1011 may commit an individual under 18 years [
1012 symptoms of an intellectual disability, to the division for observation, diagnosis, care, and
1013 treatment if that commitment is based on:
1014 [
1015
1016
1017
1018
1019 [
1020
1021 (a) an emergency commitment in accordance with Section 62A-5-311: or
1022 (b) involuntary commitment in accordance with Section 62A-5-312.
1023 (2) A proceeding for involuntary commitment under Subsection (1)(a) may be
1024 commenced by filing a written petition with the juvenile court under Section 62A-5-312.
1025 (3) (a) A juvenile court has jurisdiction over the proceeding under Subsection (2) as
1026 described in Subsection 78A-6-103(2)(f).
1027 (b) A juvenile court shall proceed with the written petition in the same manner and
1028 with the same authority as the district court.
1029 (4) If an individual who is under 18 years old is committed to the custody of the Utah
1030 State Developmental Center by the juvenile court, the director or the director's designee shall
1031 give the juvenile court written notice of the intention to release the individual not fewer than
1032 five days before the day on which the individual is released.
1033 Section 8. Section 62A-5-309 is amended to read:
1034 62A-5-309. Commitment -- Individual who is 18 years old or older.
1035 (1) [
1036 commit to the division an individual 18 years [
1037 disability, for observation, diagnosis, care, and treatment if that commitment is based on:
1038 [
1039 62A-5-312; or
1040 [
1041 with Section 62A-5-311.
1042 (2) If an individual who is 18 years old or older is committed to the custody of the Utah
1043 State Developmental Center by the juvenile court, the director or the director's designee shall
1044 give the juvenile court written notice of the intention to release the individual not fewer than
1045 five days before the day on which the individual is released.
1046 Section 9. Section 62A-15-705 is amended to read:
1047 62A-15-705. Commitment proceedings in juvenile court -- Criteria -- Custody.
1048 (1) (a) Subject to Subsection (1)(b), [
1049 proceeding for a child may be commenced by filing a written application with the juvenile
1050 court of the county in which the child resides or is found, in accordance with the procedures
1051 described in Section 62A-15-631.
1052 (b) [
1053 commenced only after a commitment proceeding under Section 62A-15-703 has concluded
1054 without the child being committed.
1055 (2) The juvenile court shall order commitment to the physical custody of a local mental
1056 health authority if, upon completion of the hearing and consideration of the record, [
1057 juvenile court finds by clear and convincing evidence that:
1058 (a) the child has a mental illness, as defined in Section 62A-15-602;
1059 (b) the child demonstrates a risk of harm to [
1060 (c) the child is experiencing significant impairment in the child's ability to perform
1061 socially;
1062 (d) the child will benefit from the proposed care and treatment; and
1063 (e) there is no appropriate less restrictive alternative.
1064 (3) The juvenile court may not commit a child under Subsection (1) directly to the
1065 Utah State Hospital.
1066 [
1067 (a) conduct periodic reviews of children committed to [
1068 local mental health authority's custody in accordance with this section[
1069 (b) release any child who has sufficiently improved so that the local mental health
1070 authority, or [
1071 longer appropriate.
1072 (5) If a child is committed to the custody of a local mental health authority, or the local
1073 mental health authority's designee, by the juvenile court, the local mental health authority, or
1074 the local mental health authority's designee, shall give the juvenile court written notice of the
1075 intention to release the child not fewer than five days before the day on which the child is
1076 released.
1077 Section 10. Section 76-8-311.5, which is renumbered from Section 62A-7-402 is
1078 renumbered and amended to read:
1079 [
1080 Trespass of a secure care facility -- Criminal penalties.
1081 (1) As used in this section:
1082 (a) "Division" means the Division of Juvenile Justice Services created in Section
1083 80-5-103.
1084 (b) "Juvenile offender" means the same as that term is defined in Section 80-1-102.
1085 (c) "Secure care" means the same as that term is defined in Section 80-1-102.
1086 (d) "Secure care facility" means the same as that term is defined in Section 80-1-102.
1087 [
1088 A misdemeanor:
1089 (a) entering, or attempting to enter, a building or enclosure appropriated to the use of
1090 juvenile offenders, without permission;
1091 (b) entering any premises belonging to a secure care facility and committing or
1092 attempting to commit a trespass or damage on [
1093 facility; or
1094 (c) willfully annoying or disturbing the peace and quiet of a secure care facility or of a
1095 juvenile offender in a secure care facility.
1096 [
1097 (a) knowingly harbors or conceals a juvenile offender who has:
1098 (i) escaped from [
1099 (ii) as described in Subsection (4), absconded from:
1100 (A) a facility or supervision; or
1101 (B) supervision of the division; or
1102 (b) willfully aided or assisted a juvenile offender who has been lawfully committed to a
1103 secure care facility in escaping or attempting to escape from [
1104 [
1105 (a) a juvenile offender absconds from a facility under this section when the juvenile
1106 offender:
1107 (i) leaves the facility without permission; or
1108 (ii) fails to return at a prescribed time.
1109 (b) A juvenile offender absconds from supervision when the juvenile offender:
1110 (i) changes the juvenile offender's residence from the residence that the juvenile
1111 offender reported to the division as the juvenile offender's correct address to another residence,
1112 without notifying the division or obtaining permission; or
1113 (ii) for the purpose of avoiding supervision:
1114 (A) hides at a different location from the juvenile offender's reported residence; or
1115 (B) leaves the juvenile offender's reported residence.
1116 Section 11. Section 76-8-418 is amended to read:
1117 76-8-418. Damaging jails or other places of confinement.
1118 (1) As used in this section:
1119 (a) "Child" means the same as that term is defined in Section 80-1-102.
1120 (b) "Detention facility" means the same as that term is defined in Section 80-1-102.
1121 (c) "Secure care facility" means the same as that term is defined in Section 80-1-102.
1122 (d) "Shelter facility" means the same as that term is defined in Section 62A-4a-101.
1123 (2) A person who willfully and intentionally breaks down, pulls down, destroys, floods,
1124 or otherwise damages any public jail or other place of confinement, including a detention[
1125
1126 facility, is guilty of a felony of the third degree.
1127 (3) This section is applicable to a child who willfully and intentionally commits an
1128 offense against a public jail, a detention facility, a shelter facility, or a secure care facility.
1129 Section 12. Section 78A-2-801 is enacted to read:
1130
1131 78A-2-801. Definitions.
1132 As used in this chapter:
1133 (1) "Abuse, neglect, or dependency petition" means the same as that term is defined in
1134 Section 80-3-102.
1135 (2) "Attorney guardian ad litem" means an attorney employed by the office.
1136 (3) "Director" means the director of the office.
1137 (4) "Division" means the Division of Child and Family Services created in Section
1138 62A-4a-103.
1139 (5) "Guardian ad litem" means an attorney guardian ad litem or a private attorney
1140 guardian ad litem.
1141 (6) "Indigent individual" means the same as that term is defined in Section
1142 78B-22-102.
1143 (7) "Minor" means the same as that term is defined in Section 80-1-102.
1144 (8) "Office" means the Office of Guardian ad Litem created in Section 78A-2-802.
1145 (9) "Private attorney guardian ad litem" means an attorney designated by the office in
1146 accordance with Section 78A-2-705 who is not an employee of the office.
1147 Section 13. Section 78A-2-802, which is renumbered from Section 78A-6-901 is
1148 renumbered and amended to read:
1149 [
1150 director -- Duties of director -- Contracts in second, third, and fourth districts.
1151 [
1152 [
1153 [
1154 [
1155 [
1156
1157 [
1158 of the Guardian ad Litem Oversight Committee described in Subsection 78A-2-104(13).
1159 [
1160 individual to serve full time as the guardian ad litem director for the state.
1161 (b) The guardian ad litem director shall:
1162 (i) serve at the pleasure of the Guardian ad Litem Oversight Committee, in consultation
1163 with the state court administrator[
1164 [
1165 selected on the basis of:
1166 [
1167 [
1168 [
1169 juvenile and district courts; and
1170 [
1171 and evaluation[
1172 [
1173 appointment, be trained in nationally recognized standards for an attorney guardian ad litem.
1174 [
1175 (a) establish policy and procedure for the management of a statewide guardian ad litem
1176 program;
1177 (b) manage the guardian ad litem program to assure that [
1178 receives qualified guardian ad litem services in an abuse, neglect, and dependency
1179 [
1180 Proceedings, in accordance with state and federal law and policy;
1181 (c) develop standards for contracts of employment and contracts with independent
1182 contractors, and employ or contract with attorneys licensed to practice law in this state, to act
1183 as attorney guardians ad litem in accordance with Section [
1184 (d) develop and provide training programs for volunteers in accordance with the United
1185 States Department of Justice National Court Appointed Special Advocates Association
1186 standards;
1187 (e) develop and update a guardian ad litem manual that includes:
1188 (i) best practices for an attorney guardian ad litem; and
1189 (ii) statutory and case law relating to an attorney guardian ad litem;
1190 (f) develop and provide a library of materials for the continuing education of attorney
1191 guardians ad litem and volunteers;
1192 (g) educate court personnel regarding the role and function of guardians ad litem;
1193 (h) develop needs assessment strategies, perform needs assessment surveys, and ensure
1194 that guardian ad litem training programs correspond with actual and perceived needs for
1195 training;
1196 (i) design and implement evaluation tools based on specific objectives targeted in the
1197 needs assessments described in Subsection [
1198 (j) prepare and submit an annual report to the Guardian ad Litem Oversight Committee
1199 and the Child Welfare Legislative Oversight Panel created in Section 62A-4a-207 regarding:
1200 (i) the development, policy, and management of the statewide guardian ad litem
1201 program;
1202 (ii) the training and evaluation of attorney guardians ad litem and volunteers; and
1203 (iii) the number of minors served by the office;
1204 (k) hire, train, and supervise investigators; and
1205 (l) administer the program of private attorney guardians ad litem established by Section
1206 78A-2-705.
1207 [
1208 [
1209 third, and fourth judicial districts devote [
1210 attention to the role of attorney guardian ad litem, having no clients other than the minors
1211 whose interest [
1212 litem program.
1213 Section 14. Section 78A-2-803, which is renumbered from Section 78A-6-902 is
1214 renumbered and amended to read:
1215 [
1216 Duties and responsibilities -- Training -- Trained staff and court-appointed special
1217 advocate volunteers -- Costs -- Immunity -- Annual report.
1218 (1) (a) The court:
1219 (i) may appoint an attorney guardian ad litem to represent the best interest of a minor
1220 involved in any case before the court; and
1221 (ii) shall consider the best interest of a minor, consistent with the provisions of Section
1222 62A-4a-201, in determining whether to appoint a guardian ad litem.
1223 (b) In all cases where an attorney guardian ad litem is appointed, the court shall make a
1224 finding that establishes the necessity of the appointment.
1225 (2) An attorney guardian ad litem shall represent the best interest of each [
1226 who may become the subject of [
1227 neglect, or dependency petition from the earlier of [
1228 (a) the [
1229 the division; or
1230 (b) the day on which the abuse, neglect, or dependency petition is filed.
1231 (3) The director shall ensure that each attorney guardian ad litem employed by the
1232 office:
1233 (a) represents the best interest of each client of the office in all venues, including:
1234 (i) court proceedings; and
1235 (ii) meetings to develop, review, or modify the child and family plan with the [
1236
1237 (b) [
1238 (i) applicable statutory, regulatory, and case law; and
1239 (ii) nationally recognized standards for an attorney guardian ad litem;
1240 (c) conducts or supervises an ongoing, independent investigation in order to obtain,
1241 first-hand, a clear understanding of the situation and needs of the minor;
1242 (d) (i) personally meets with the minor, unless:
1243 (A) the minor is outside of the state; or
1244 (B) meeting with the minor would be detrimental to the minor;
1245 (ii) personally interviews the minor, unless:
1246 (A) the minor is not old enough to communicate;
1247 (B) the minor lacks the capacity to participate in a meaningful interview; or
1248 (C) the interview would be detrimental to the minor; and
1249 (iii) if the minor is placed in an out-of-home placement, or is being considered for
1250 placement in an out-of-home placement, unless it would be detrimental to the minor:
1251 (A) to the extent possible, determines the minor's goals and concerns regarding
1252 placement; and
1253 (B) personally assesses or supervises an assessment of the appropriateness and safety
1254 of the minor's environment in each placement;
1255 (e) personally attends all review hearings pertaining to the minor's case;
1256 (f) participates in all appeals, unless excused by order of the court;
1257 (g) is familiar with local experts who can provide consultation and testimony regarding
1258 the reasonableness and appropriateness of efforts made by the [
1259
1260 (i) maintain a minor in the minor's home; or
1261 (ii) reunify [
1262 (h) to the extent possible, and unless it would be detrimental to the minor, personally
1263 or through a trained volunteer, paralegal, or other trained staff, keeps the minor advised of:
1264 (i) the status of the minor's case;
1265 (ii) all court and administrative proceedings;
1266 (iii) discussions with, and proposals made by, other parties;
1267 (iv) court action; and
1268 (v) the psychiatric, medical, or other treatment or diagnostic services that are to be
1269 provided to the minor;
1270 (i) in cases where a child and family plan is required, personally or through a trained
1271 volunteer, paralegal, or other trained staff, monitors implementation of a minor's child and
1272 family plan and any dispositional orders to:
1273 (i) determine whether services ordered by the court:
1274 (A) are actually provided; and
1275 (B) are provided in a timely manner; and
1276 (ii) attempt to assess whether services ordered by the court are accomplishing the
1277 intended goal of the services; and
1278 (j) makes all necessary court filings to advance the [
1279 litem position regarding the best interest of the [
1280 (4) (a) Consistent with this Subsection (4), an attorney guardian ad litem may use
1281 trained volunteers, in accordance with Title 67, Chapter 20, Volunteer Government Workers
1282 Act, trained paralegals, and other trained staff to assist in investigation and preparation of
1283 information regarding the cases of individual minors before the court.
1284 (b) [
1285 other staff utilized under this section shall be trained in and follow, at a minimum, the
1286 guidelines established by the United States Department of Justice Court Appointed Special
1287 Advocate Association.
1288 (5) The attorney guardian ad litem shall continue to represent the best interest of the
1289 minor until released from that duty by the court.
1290 (6) (a) Consistent with Subsection (6)(b), the juvenile court is responsible for:
1291 (i) all costs resulting from the appointment of an attorney guardian ad litem; and
1292 (ii) the costs of volunteer, paralegal, and other staff appointment and training.
1293 (b) The court shall use funds appropriated by the Legislature for the guardian ad litem
1294 program to cover the costs described in Subsection (6)(a).
1295 (c) (i) When the court appoints an attorney guardian ad litem under this section, the
1296 court may assess all or part of the attorney fees, court costs, and paralegal, staff, and volunteer
1297 expenses against the [
1298 court determines to be just and appropriate, taking into consideration costs already borne by the
1299 parents, parent, or legal guardian, including:
1300 (A) private attorney fees;
1301 (B) counseling for the [
1302 (C) counseling for the parent, if mandated by the court or recommended by the
1303 [
1304 (D) any other cost the court determines to be relevant.
1305 (ii) The court may not assess [
1306 against:
1307 (A) a legal guardian, when that guardian is the state; or
1308 (B) consistent with Subsection (6)(d), a parent who is found to be [
1309 indigent individual.
1310 (d) For purposes of Subsection (6)(c)(ii)(B), if [
1311 [
1312 (i) require [
1313 indigence as provided in Section 78A-2-302; and
1314 (ii) follow the procedures and make the determinations as provided in Section
1315 78A-2-304.
1316 (e) The [
1317 determination, under Subsection (6)(c), of fees, costs, and expenses.
1318 (7) An attorney guardian ad litem appointed under this section, when serving in the
1319 scope of the attorney [
1320 considered an employee of the state for purposes of indemnification under Title 63G, Chapter
1321 7, Governmental Immunity Act of Utah.
1322 (8) (a) An attorney guardian ad litem shall represent the best interest of a minor.
1323 (b) If the minor's wishes differ from the attorney's determination of the minor's best
1324 interest, the attorney guardian ad litem shall communicate the minor's wishes to the court in
1325 addition to presenting the attorney's determination of the minor's best interest.
1326 (c) A difference between the minor's wishes and the attorney's determination of best
1327 interest may not be considered a conflict of interest for the attorney.
1328 (d) The guardian ad litem shall disclose the wishes of the [
1329 unless the minor:
1330 (i) instructs the guardian ad litem to not disclose the [
1331 (ii) has not expressed any wishes.
1332 (e) The court may appoint one attorney guardian ad litem to represent the best interests
1333 of more than one [
1334 (9) [
1335 access to all [
1336 issue and the minor's family.
1337 (10) (a) An attorney guardian ad litem shall conduct an independent investigation
1338 regarding the minor at issue, the minor's family, and what [
1339 the minor.
1340 (b) An attorney guardian ad litem may interview the minor's [
1341
1342 (i) rely exclusively on the conclusions and findings of the [
1343
1344 (ii) except as provided in Subsection (10)(c), conduct a visit with the client in
1345 conjunction with the visit of a [
1346 welfare worker.
1347 (c) (i) An attorney guardian ad litem may meet with a client during a team meeting,
1348 court hearing, or similar venue when a [
1349 child welfare worker is present for a purpose other than the attorney guardian ad litem's
1350 meeting with the client.
1351 (ii) A party and the party's counsel may attend a team meeting in accordance with the
1352 Utah Rules of Professional Conduct.
1353 (11) (a) An attorney guardian ad litem shall maintain current and accurate records
1354 regarding:
1355 (i) the number of times the attorney has had contact with each minor; and
1356 (ii) the actions the attorney has taken in representation of the minor's best interest.
1357 (b) In every hearing where the attorney guardian ad litem makes a recommendation
1358 regarding the best interest of the [
1359 litem to disclose the factors that form the basis of the recommendation.
1360 (12) (a) Except as provided in Subsection (12)(b), and notwithstanding Title 63G,
1361 Chapter 2, Government Records Access and Management Act, all records of an attorney
1362 guardian ad litem are confidential and may not be released or made public upon subpoena,
1363 search warrant, discovery proceedings, or otherwise. [
1364
1365 (b) Consistent with Subsection (12)(d), all records of an attorney guardian ad litem:
1366 (i) are subject to legislative subpoena, under Title 36, Chapter 14, Legislative
1367 Subpoena Powers; and
1368 (ii) shall be released to the Legislature.
1369 (c) (i) Except as provided in Subsection (12)(c)(ii), the Legislature shall maintain
1370 records released in accordance with Subsection (12)(b) [
1371 [
1372 (ii) Notwithstanding Subsection (12)(c)(i), the Office of the Legislative Auditor
1373 General may include summary data and nonidentifying information in [
1374 and reports to the Legislature.
1375 (d) (i) Subsection (12)(b) [
1376 Conduct, Rule 1.6, as provided by Rule 1.6(b)(4), because of:
1377 (A) the unique role of an attorney guardian ad litem described in Subsection (8); and
1378 (B) the state's role and responsibility[
1379
1380 (ii) A claim of attorney-client privilege does not bar access to the records of an attorney
1381 guardian ad litem by the Legislature, through legislative subpoena.
1382 Section 15. Section 78A-2-804, which is renumbered from Section 78A-6-903 is
1383 renumbered and amended to read:
1384 [
1385 -- Funding.
1386 (1) There is created [
1387 known as the Guardian Ad Litem Services Account, for the purpose of funding the [
1388
1389
1390 (2) The account shall be funded by the donation described in Subsection
1391 41-1a-422(1)(a)(i)(F).
1392 Section 16. Section 78A-6-101 is amended to read:
1393
1394 78A-6-101. Title.
1395 This chapter is known as [
1396 Section 17. Section 78A-6-101.5 is enacted to read:
1397 78A-6-101.5. Definitions.
1398 The terms defined in Section 80-1-102 apply to this chapter.
1399 Section 18. Section 78A-6-102 is amended to read:
1400 78A-6-102. Establishment of juvenile court -- Organization and status of court --
1401 Purpose.
1402 (1) There is established a juvenile court for the state [
1403 (2) (a) The juvenile court is a court of record. [
1404 (b) The juvenile court shall have a seal[
1405 (c) The juvenile court's judges, clerks, and referees have the power to administer oaths
1406 and affirmations.
1407 (d) The juvenile court has the authority to issue search warrants, subpoenas, or
1408 investigative subpoenas under Section 62A-4a-202.1, Chapter 4a, Adult Criminal Proceedings,
1409 and Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, Chapter 4, Termination
1410 and Restoration of Parental Rights, and Chapter 6, Juvenile Justice, for the same purposes and
1411 in the same manner as described in Title 77, Utah Code of Criminal Procedure, and the Utah
1412 Rules of Criminal Procedure, for the issuance of search warrants, subpoenas, or investigative
1413 subpoenas in other trial courts in the state.
1414 (3) The juvenile court is of equal status with the district courts of the state.
1415 (4) The juvenile court is established as a forum for the resolution of all matters
1416 properly brought before [
1417 statutory requirements of due process.
1418 (5) The purpose of the court under this chapter is to:
1419 (a) promote public safety and individual accountability by the imposition of
1420 appropriate sanctions on persons who have committed acts in violation of law;
1421 (b) order appropriate measures to promote guidance and control, preferably in the
1422 minor's own home, as an aid in the prevention of future unlawful conduct and the development
1423 of responsible citizenship;
1424 (c) where appropriate, order rehabilitation, reeducation, and treatment for persons who
1425 have committed acts bringing them within the court's jurisdiction;
1426 (d) adjudicate matters that relate to minors who are beyond parental or adult control
1427 and to establish appropriate authority over these minors by means of placement and control
1428 orders;
1429 (e) adjudicate matters that relate to abused, neglected, and dependent children and to
1430 provide care and protection for minors by placement, protection, and custody orders;
1431 (f) remove a minor from parental custody only where the minor's safety or welfare, or
1432 the public safety, may not otherwise be adequately safeguarded; and
1433 (g) consistent with the ends of justice, act in the best interests of the minor in all cases
1434 and preserve and strengthen family ties.
1435 Section 19. Section 78A-6-103 is amended to read:
1436 78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions --
1437 Findings -- Transfer of a case from another court.
1438 (1) Except as otherwise provided by Subsections 78A-5-102(9), 78A-5-102(10), and
1439 78A-7-106(2), the juvenile court has original jurisdiction over:
1440 (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
1441 state, or federal law, that was committed by a child; and
1442 (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
1443 state, or federal law, that was committed by an individual:
1444 (i) who is under 21 years old at the time of all court proceedings; and
1445 (ii) who was under 18 years old at the time the offense was committed.
1446 (2) The juvenile court has original jurisdiction over any proceeding concerning:
1447 (a) a child who is an abused child, neglected child, or dependent child[
1448
1449 (b) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, Child
1450 Protective Orders[
1451
1452 [
1453
1454 [
1455
1456
1457
1458 [
1459 (c) the appointment of a guardian of the individual or other guardian of a minor who
1460 comes within the court's jurisdiction under other provisions of this section;
1461 (d) the emancipation of a minor in accordance with [
1462 Chapter 7, Emancipation;
1463 (e) the termination of [
1464 with [
1465 Restoration of Parental Rights, including termination of residual parental rights and duties;
1466 (f) the treatment or commitment of a minor who has an intellectual disability;
1467 (g) the judicial consent to the marriage of a minor who is 16 or 17 years old [
1468
1469 30-1-9;
1470 [
1471
1472
1473
1474
1475
1476 (h) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
1477 (i) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
1478 (j) the treatment or commitment of a child with a mental illness [
1479
1480 (k) the commitment of a child to a secure drug or alcohol facility in accordance with
1481 Section 62A-15-301;
1482 (l) a minor found not competent to proceed in accordance with [
1483 Title 80, Chapter 6, Part 4, Competency;
1484 (m) de novo review of final agency actions resulting from an informal adjudicative
1485 proceeding as provided in Section 63G-4-402; [
1486 (n) adoptions conducted in accordance with the procedures described in Title 78B,
1487 Chapter 6, Part 1, Utah Adoption Act, [
1488 order terminating the rights of a parent and finds that adoption is in the best interest of the
1489 child[
1490 [
1491
1492 [
1493
1494 [
1495 [
1496 [
1497
1498
1499 [
1500 [
1501 [
1502
1503
1504 [
1505
1506 [
1507 [
1508
1509
1510 [
1511 [
1512
1513 [
1514 [
1515 [
1516
1517 [
1518
1519 [
1520
1521 [
1522
1523 [
1524
1525 [
1526
1527 [
1528 who is referred to the juvenile court by the Division of Juvenile Justice Services [
1529 despite earnest and persistent efforts by the Division of Juvenile Justice Services, the child has
1530 demonstrated that the child:
1531 [
1532 the extent that the child's behavior or condition endangers the child's own welfare or the
1533 welfare of others; or
1534 [
1535 [
1536
1537
1538 (p) the establishment of paternity, or the ordering of testing for the purposes of
1539 establishing paternity, in accordance with Title 78B, Chapter 15, Utah Uniform Parentage Act,
1540 in a proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or
1541 Chapter 4, Termination and Restoration of Parental Rights; and
1542 (q) a criminal information filed under Part 4a, Adult Criminal Proceedings, for an adult
1543 alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to comply
1544 with a promise to appear and bring a child to the juvenile court.
1545 (3) It is not necessary for a minor to be adjudicated for an offense or violation of the
1546 law under Section 80-6-701, for the juvenile court to exercise jurisdiction under Subsection
1547 (2)(q).
1548 [
1549 agencies or other persons.
1550 [
1551 arising under [
1552 Court.
1553 [
1554 unsubstantiated, or without merit, in accordance with Section [
1555 [
1556 to the juvenile court by another trial court in accordance with Subsection 78A-7-106(4) and
1557 Section [
1558 [
1559
1560
1561
1562 Section 20. Section 78A-6-103.5 is enacted to read:
1563 78A-6-103.5. Exclusive jurisdiction of the juvenile court.
1564 (1) Except as provided in Subsection (3), the juvenile court has exclusive jurisdiction
1565 over a felony, misdemeanor, infraction, or violation of an ordinance:
1566 (a) committed by a child and that arises from a single criminal episode containing an
1567 offense for which:
1568 (i) a citation, petition, indictment, or criminal information is filed; and
1569 (ii) the court has original jurisdiction; and
1570 (b) committed by an individual who is under 21 years old at the time of all court
1571 proceedings, but committed before the individual was 18 years old, and that arises from a
1572 single criminal episode containing an offense for which:
1573 (i) a citation, petition, indictment, or criminal information is filed; and
1574 (ii) the court has original jurisdiction.
1575 (2) For purposes of this section, the juvenile court has jurisdiction over the following
1576 offenses committed by an individual who is under 21 years old at the time of all court
1577 proceedings, but was under 18 years old at the time the offense was committed:
1578 (a) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
1579 (b) Section 73-18-12.
1580 (3) If a juvenile court transfers jurisdiction of an offense to the district court under
1581 Section 80-6-504, the exclusive jurisdiction of the juvenile court over that offense is
1582 terminated.
1583 (4) (a) As used in this Subsection (4):
1584 (i) "Qualifying offense" means an offense described in Sections 80-6-502 and
1585 80-6-503.
1586 (ii) "Separate offense" means any offense that is not a qualifying offense.
1587 (b) The juvenile court:
1588 (i) regains exclusive jurisdiction over any separate offense described in Subsection (1)
1589 if:
1590 (A) the individual who is alleged to have committed the separate offense is bound over
1591 to the district court for a qualifying offense under Section 80-6-504; and
1592 (B) the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal;
1593 and
1594 (ii) gains exclusive jurisdiction over any separate offense described in Subsection (1)
1595 if:
1596 (A) the individual who is alleged to have committed the separate offense is charged for
1597 a qualifying offense under Section 80-6-502 in the district court; and
1598 (B) the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal
1599 in the district court.
1600 Section 21. Section 78A-6-104 is repealed and reenacted to read:
1601 78A-6-104. Concurrent jurisdiction of the juvenile court -- Transfer of a
1602 protective order to the district court.
1603 (1) The juvenile court has jurisdiction, concurrent with the district court, over:
1604 (a) the establishment of paternity, or the ordering of testing for the purposes of
1605 establishing paternity, in accordance with Title 78B, Chapter 15, Utah Uniform Parentage Act;
1606 (b) a petition to modify a minor's birth certificate if the juvenile court has jurisdiction
1607 over the minor's case; and
1608 (c) questions of custody, support, and parent-time of a minor if the minor's case is
1609 under the jurisdiction of the juvenile court under this section or Section 78A-6-103.
1610 (2) (a) The juvenile court has jurisdiction, concurrent with the district court or the
1611 justice court otherwise having jurisdiction, over a criminal information filed under Part 4a,
1612 Adult Criminal Proceedings, for an adult alleged to have committed:
1613 (i) an offense under Section 32B-4-403, unlawful sale, offer for sale, or furnishing to
1614 minor;
1615 (ii) an offense under Section 53G-6-202, failure to comply with compulsory education
1616 requirements;
1617 (iii) an offense under Section 62A-4a-411, failure to report;
1618 (iv) a misdemeanor offense under Section 76-5-303, custodial interference;
1619 (v) an offense under Section 76-10-2301, contributing to the delinquency of a minor; or
1620 (vi) an offense under Section 80-5-601, harboring a runaway.
1621 (b) It is not necessary for a minor to be adjudicated for an offense or violation of the
1622 law under Section 80-6-701 for the juvenile court to exercise jurisdiction under Subsection
1623 (2)(a).
1624 (3) (a) When a support, custody, or parent-time award has been made by a district court
1625 in a divorce action or other proceeding, and the jurisdiction of the district court in the case is
1626 continuing, the juvenile court may acquire jurisdiction in a case involving the same child if the
1627 child is dependent, abused, neglected, or otherwise comes within the jurisdiction of the juvenile
1628 court under Section 78A-6-103.
1629 (b) (i) The juvenile court may, by order, change the custody subject to Subsection
1630 30-3-10(6), support, parent-time, and visitation rights previously ordered in the district court as
1631 necessary to implement the order of the juvenile court for the safety and welfare of the child.
1632 (ii) An order by the juvenile court under Subsection (3)(b)(i) remains in effect so long
1633 as the juvenile court continues to exercise jurisdiction.
1634 (c) If a copy of the findings and order of the juvenile court under this Subsection (3)
1635 are filed with the district court, the findings and order of the juvenile court are binding on the
1636 parties to the divorce action as though entered in the district court.
1637 (4) This section does not deprive the district court of jurisdiction to:
1638 (a) appoint a guardian for a child;
1639 (b) determine the support, custody, and parent-time of a child upon writ of habeas
1640 corpus; or
1641 (c) determine a question of support, custody, and parent-time that is incidental to the
1642 determination of an action in the district court.
1643 (5) A juvenile court may transfer a petition for a protective order for a child to the
1644 district court if the juvenile court has entered an ex parte protective order and finds that:
1645 (a) the petitioner and the respondent are the natural parent, adoptive parent, or step
1646 parent of the child who is the object of the petition;
1647 (b) the district court has a petition pending or an order related to custody or parent-time
1648 entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 6, Cohabitant Abuse
1649 Protective Orders, or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the
1650 petitioner and the respondent are parties; and
1651 (c) the best interests of the child will be better served in the district court.
1652 Section 22. Section 78A-6-120 is amended to read:
1653 78A-6-120. Continuing jurisdiction of juvenile court -- Period of and termination
1654 of jurisdiction.
1655 (1) Except as provided in Subsection (2), if the [
1656
1657 juvenile court's jurisdiction over the minor's case continues until:
1658 (a) the minor is 21 years old; or
1659 (b) if the juvenile court extends jurisdiction over the minor's case [
1660
1661 (2) (a) The juvenile court's continuing jurisdiction under Subsection (1) terminates:
1662 (i) upon order of the court;
1663 (ii) upon [
1664 80-6-705 ;
1665 (iii) upon commencement of proceedings [
1666 a case where the minor is being tried as an adult for an offense; or
1667 (iv) in accordance with [
1668 (b) The continuing jurisdiction of the juvenile court over a minor's case is not
1669 terminated:
1670 (i) by marriage; or
1671 (ii) when a minor commits an offense under municipal, state, or federal law that is
1672 under the jurisdiction of another court and the minor is at least 18 years old at the time of the
1673 offense.
1674 (c) Notwithstanding Subsection (2)(a)(ii), the juvenile court retains jurisdiction to
1675 make and enforce orders related to restitution until the Youth Parole Authority discharges the
1676 minor under Section 80-6-807.
1677 [
1678
1679
1680
1681
1682
1683 [
1684
1685
1686
1687 [
1688
1689 [
1690
1691 [
1692 [
1693
1694 Section 23. Section 78A-6-201 is amended to read:
1695 78A-6-201. Judges of juvenile court -- Appointments -- Terms.
1696 (1) (a) [
1697 initially to serve until the first general election held more than three years after [
1698
1699 (b) After the initial term described in Subsection (1)(a), the term of office of a [
1700
1701 January next following the date of election.
1702 (2) A juvenile court judge whose term expires may serve, upon request of the Judicial
1703 Council, until a successor is appointed and qualified.
1704 Section 24. Section 78A-6-202 is amended to read:
1705 78A-6-202. Sessions of juvenile court.
1706 (1) In each county, regular juvenile court sessions shall be held at a place designated by
1707 the judge or judges of the juvenile court district, with the approval of the board.
1708 (2) [
1709 judge of the juvenile court directs, except that a judge of the district may hold court in any
1710 county within the district at any time[
1711 Section 25. Section 78A-6-203 is amended to read:
1712 78A-6-203. Board of Juvenile Court Judges -- Composition -- Purpose - Presiding
1713 Judges.
1714 (1) (a) The Judicial Council shall, by rule, establish a Board of Juvenile Court Judges.
1715 (b) The board shall establish general policies for the operation of the juvenile courts
1716 and uniform rules and forms governing practice, consistent with the provisions of this chapter,
1717 the rules of the Judicial Council, and the rules of the Supreme Court.
1718 (c) (i) The board may receive and expend any funds that may become available from
1719 the federal government or private sources to carry out any of the purposes [
1720 described in Section 78A-6-102(5) .
1721 [
1722 receiving the funds.
1723 [
1724 training personnel employed, or preparing for employment, by the juvenile court and may
1725 receive and expend funds from federal or state sources or from private donations for these
1726 purposes.
1727 [
1728 purpose of compensatory service programs [
1729 [
1730 (A) contract with public or nonprofit institutions of higher learning for the training of
1731 personnel;
1732 (B) conduct short-term training courses of [
1733 temporary basis for this purpose; and
1734 (C) cooperate with the Division of Child and Family Services and other state
1735 departments or agencies in personnel training programs.
1736 (d) The board may contract, on behalf of the juvenile court, with the United States
1737 Forest Service or other agencies or departments of the federal government or with agencies or
1738 departments of other states for the care and placement of minors adjudicated under [
1739
1740 (e) The powers to contract and expend funds are subject to budgetary control and
1741 procedures as provided by law.
1742 (2) Under the direction of the presiding officer of the council, the chair shall supervise
1743 the juvenile courts to:
1744 (a) ensure uniform adherence to law and to the rules and forms adopted by the Supreme
1745 Court and Judicial Council[
1746 (b) promote the proper and efficient functioning of the juvenile courts.
1747 (3) (a) The judges of districts having more than one juvenile court judge shall elect a
1748 presiding juvenile court judge.
1749 (b) In districts comprised of five or more juvenile court judges and court
1750 commissioners, the presiding juvenile court judge shall receive an additional $1,000 per annum
1751 as compensation.
1752 [
1753 (4) The presiding juvenile court judge, in accordance with the policies of the Judicial
1754 Council, shall:
1755 (a) implement policies of the Judicial Council;
1756 (b) exercise powers and perform administrative duties as authorized by the Judicial
1757 Council;
1758 (c) manage the judicial business of the district; and
1759 (d) call and preside over meetings of juvenile court judges of the district.
1760 Section 26. Section 78A-6-204 is amended to read:
1761 78A-6-204. Administrator of the juvenile court -- Appointment -- Qualifications
1762 -- Powers and duties.
1763 (1) With the approval of the board, the state court administrator shall appoint a chief
1764 administrative officer of the juvenile court.
1765 (2) The chief administrative officer shall:
1766 (a) be selected on the basis of professional ability and experience in the field of public
1767 administration [
1768 (b) possess an understanding of court procedures[
1769 significance of probation services and other court services.
1770 Section 27. Section 78A-6-205 is amended to read:
1771 78A-6-205. District court executives -- Selection -- Duties.
1772 (1) (a) The chief administrative officer of the juvenile court, with the approval of the
1773 juvenile court judge of each district or the presiding juvenile court judge of multiple judge
1774 districts, shall appoint a court executive for each district.
1775 (b) [
1776 the pleasure of the chief administrative officer.
1777 (2) The court executive shall:
1778 (a) appoint a clerk of the court, [
1779
1780 carry out the work of the court;
1781 (b) supervise the work of all nonjudicial court staff of the district; and
1782 (c) serve as administrative officer of the district.
1783 (3) (a) The clerk shall keep a record of court proceedings [
1784 (b) The clerk may issue all process and [
1785 Section 28. Section 78A-6-206 is amended to read:
1786 78A-6-206. Juvenile court employees -- Salaries -- State courts personnel system
1787 -- Exemptions and discharge.
1788 (1) All employees, except juvenile court judges and commissioners, shall be selected,
1789 promoted, and discharged through the state courts personnel system for the juvenile court[
1790 under the direction and rules of the [
1791 Council.
1792 (2) (a) An employee under the state courts personnel system may not be discharged
1793 except for cause and after a hearing before the appointing authority[
1794 provided by the state courts personnel system.
1795 (b) An employee may be suspended pending the hearing and appeal under Subsection
1796 (2)(a).
1797 Section 29. Section 78A-6-207 is amended to read:
1798 78A-6-207. Volunteers.
1799 (1) The [
1800 [
1801
1802
1803 (2) A volunteer of record under Subsection (1) is:
1804 (a) considered a volunteer to the juvenile court; and
1805 (b) a volunteer under Title 67, Chapter 20, Volunteer Government Workers Act.
1806 Section 30. Section 78A-6-208 is amended to read:
1807 78A-6-208. Mental health evaluations -- Duty of administrator.
1808 (1) The [
1809 approval of the board, and the executive director of the Department of Health, and director of
1810 the Division of Substance Abuse and Mental Health shall from time to time agree upon an
1811 appropriate plan:
1812 (a) for obtaining mental health services and health services for the juvenile court from
1813 the state and local health departments and programs of mental health; and
1814 (b) for assistance by the Department of Health [
1815 Abuse and Mental Health in securing for the juvenile court special health, mental health,
1816 juvenile competency evaluations, and related services including community mental health
1817 services not already available from the Department of Health and the Division of Substance
1818 Abuse and Mental Health.
1819 (2) The Legislature may provide an appropriation to the Department of Health and the
1820 Division of Substance Abuse and Mental Health for [
1821 Subsection (1).
1822 Section 31. Section 78A-6-209 is amended to read:
1823 78A-6-209. Court records -- Inspection.
1824 (1) The juvenile court and the juvenile court's probation department shall keep records
1825 as required by the board and the presiding judge.
1826 (2) [
1827 (a) the parents or guardian of a child, a minor who is at least 18 years [
1828 other parties in the case, the attorneys, and agencies to which custody of a minor has been
1829 transferred;
1830 (b) for information relating to adult offenders alleged to have committed a sexual
1831 offense, a felony or class A misdemeanor drug offense, or an offense against the person under
1832 Title 76, Chapter 5, Offenses Against the Person, the State Board of Education for the purpose
1833 of evaluating whether an individual should be permitted to obtain or retain a license as an
1834 educator or serve as an employee or volunteer in a school, with the understanding that the State
1835 Board of Education must provide the individual with an opportunity to respond to any
1836 information gathered from [
1837 [
1838 (c) the Criminal Investigations and Technical Services Division, established in Section
1839 53-10-103, for the purpose of a criminal history background check for the purchase of a firearm
1840 and establishing good character for issuance of a concealed firearm permit as provided in
1841 Section 53-5-704;
1842 (d) the Division of Child and Family Services for the purpose of Child Protective
1843 Services Investigations in accordance with Sections 62A-4a-403 and 62A-4a-409 and
1844 administrative hearings in accordance with Section 62A-4a-1009;
1845 (e) the Office of Licensing for the purpose of conducting a background check in
1846 accordance with Section 62A-2-120;
1847 (f) for information related to a [
1848 offense, a felony, or an offense that if committed by an adult would be a misdemeanor, the
1849 Department of Health for the purpose of evaluating under the provisions of Subsection
1850 26-39-404(3) whether a licensee should be permitted to obtain or retain a license to provide
1851 child care, with the understanding that the department must provide the individual who
1852 committed the offense with an opportunity to respond to any information gathered from [
1853 the Department of Health's inspection of records before [
1854 decision concerning licensure;
1855 (g) for information related to a [
1856 offense, a felony, or an offense that if committed by an adult would be a misdemeanor, the
1857 Department of Health to determine whether an individual meets the background screening
1858 requirements of Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access, with the
1859 understanding that the department must provide the individual who committed the offense an
1860 opportunity to respond to any information gathered from [
1861 inspection of records before [
1862 (h) for information related to a [
1863 offense, a felony, or an offense that if committed by an adult would be a misdemeanor, the
1864 Department of Health to determine whether to grant, deny, or revoke background clearance
1865 under Section 26-8a-310 for an individual who is seeking or who has obtained an emergency
1866 medical service personnel license under Section 26-8a-302, with the understanding that the
1867 [
1868 opportunity to respond to any information gathered from the [
1869 Health's inspection of records before [
1870 (3) With the consent of the [
1871 inspected by the child, by persons having a legitimate interest in the proceedings, and by
1872 persons conducting pertinent research studies.
1873 (4) If a petition is filed charging a minor who is 14 years [
1874 offense that would be a felony if committed by an adult, the juvenile court shall make available
1875 to any person upon request the petition, any adjudication or disposition orders, and the
1876 delinquency history summary of the minor charged unless the records are closed by the juvenile
1877 court upon findings on the record for good cause.
1878 (5) [
1879 clinical studies are not open to inspection, except by consent of the juvenile court, given under
1880 rules adopted by the board.
1881 [
1882
1883
1884 [
1885
1886 [
1887 with retrieving a requested record that has been archived.
1888 Section 32. Section 78A-6-210 is amended to read:
1889 78A-6-210. Fines -- Fees -- Deposit with state treasurer -- Restricted account.
1890 (1) There is created [
1891 known as the "Nonjudicial Adjustment Account."
1892 (2) (a) The account shall be funded from the financial penalty established under
1893 Subsection [
1894 (b) The court shall deposit all money collected as a result of penalties assessed as part
1895 of the nonjudicial adjustment of a case [
1896 (c) The account shall be used to pay the expenses of juvenile compensatory service,
1897 victim restitution, and diversion programs.
1898 (3) (a) Except under Subsection (3)(b) or (4) and as otherwise provided by law, the
1899 juvenile court shall pay all fines, fees, penalties, and forfeitures imposed and collected by the
1900 juvenile court [
1901 (b) [
1902 rehabilitative employment program for [
1903 80-6-701 that provides for employment of the minor in the county of the minor's residence if:
1904 (i) reimbursement for the minor's labor is paid to the victim of the [
1905
1906 (ii) the amount earned and paid is set by court order;
1907 (iii) the minor is not paid more than the hourly minimum wage; and
1908 (iv) no payments to victims are made without the minor's involvement in a
1909 rehabilitative work program.
1910 (c) Fines withheld under Subsection (3)(b) and any private contributions to the
1911 rehabilitative employment program are accounted for separately and are subject to audit at any
1912 time by the state auditor.
1913 (d) (i) Funds withheld under Subsection (3)(b) and private contributions are
1914 nonlapsing.
1915 (ii) The [
1916 the funds described in this [
1917 (4) For fines and forfeitures collected by the court for a violation of Section
1918 41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic
1919 enforcement safety device as described in Section 41-6a-1310, the court shall allocate 20% to
1920 the school district or private school that owns or contracts for the use of the bus, and the state
1921 treasurer shall allocate 80% to the General Fund.
1922 (5) [
1923 officer may not charge a fee for the service of process in any proceedings initiated by a public
1924 agency.
1925 Section 33. Section 78A-6-211 is amended to read:
1926 78A-6-211. Courtrooms -- Physical facilities.
1927 (1) Suitable courtrooms and office space in each county shall be provided or made
1928 available to the juvenile court by the county for the hearing of cases, except in counties where
1929 the state has provided courtrooms and offices as needed.
1930 (2) Equipment and supplies for the use of the judges, officers, and employees of the
1931 juvenile court and the cost of maintaining the juvenile courts shall be paid from the General
1932 Fund or other funds for those purposes.
1933 Section 34. Section 78A-6-212, which is renumbered from Section 62A-7-105.5 is
1934 renumbered and amended to read:
1935 [
1936 Justice Services.
1937 (1) [
1938 complete cooperation to the [
1939 [
1940 [
1941 Juvenile Justice Services.
1942 (2) Information under Subsection (1) [
1943 criminal history, social history, psychological evaluations, and identifying information
1944 specified by the [
1945 Section 35. Section 78A-6-350, which is renumbered from Section 78A-6-110 is
1946 renumbered and amended to read:
1947
1948 [
1949 merits.
1950 (1) [
1951 of Trial -- Venue, a proceeding for a minor's case in the juvenile court shall be commenced in
1952 the court of the district in which [
1953
1954 [
1955
1956
1957
1958 [
1959
1960
1961
1962 (a) for a proceeding under Title 80, Chapter 6, Juvenile Justice:
1963 (i) the minor is living or found; or
1964 (ii) the alleged offense occurred; or
1965 (b) for all other proceedings, the minor is living or found.
1966 (2) If a party seeks to transfer a case to another district after a petition has been filed in
1967 the juvenile court, the juvenile court may transfer the case in accordance with the Utah Rules of
1968 Juvenile Procedure.
1969 [
1970 prejudice and where there has been no adjudication upon the merits [
1971 refiling within the same district or another district where there is venue [
1972 Section 36. Section 78A-6-351, which is renumbered from Section 78A-6-109 is
1973 renumbered and amended to read:
1974 [
1975 contents -- Notice to absent parent or guardian -- Emergency medical or surgical
1976 treatment -- Compulsory process for attendance of witnesses when authorized.
1977 (1) (a) After a petition is filed [
1978 promptly issue a summons, unless the [
1979 is needed. [
1980 (b) A summons is not required for a person who:
1981 (i) appears voluntarily; or [
1982 (ii) files a written waiver of service with the clerk of the court at or before the hearing.
1983 (2) [
1984 (a) the name of the court;
1985 (b) the title of the proceedings; and
1986 (c) except for a published summons, a brief statement of the substance of the
1987 allegations in the petition.
1988 (3) A published summons shall state:
1989 (a) that a proceeding concerning the minor is pending in the court; and
1990 (b) an adjudication will be made.
1991 (4) (a) The summons shall require [
1992 (i) a minor to appear personally in the juvenile court at a time and place stated; or
1993 (ii) if a person who has physical custody of the minor, for the person to:
1994 (A) appear personally; and
1995 (B) bring the minor before the court at a time and place stated. [
1996
1997 (b) If the minor is a child and a person summoned is not the parent or guardian of the
1998 minor, [
1999 shall issue the summons to the minor's parent or guardian, as the case may be, notifying [
2000 the parent or guardian of the pendency of the case and of the time and place set for the hearing.
2001 (5) [
2002 person whose presence the juvenile court finds necessary.
2003 (6) If it appears to the juvenile court that the welfare of the minor or of the public
2004 requires that the minor be taken into temporary custody under Section 80-6-201 or protective
2005 custody under Section 62A-4a-202.1, and it does not conflict with Section [
2006 80-6-202, the court may by endorsement upon the summons direct that the person serving the
2007 summons take the minor into custody at once.
2008 (7) (a) [
2009 or more reputable physicians, the juvenile court may order emergency medical or surgical
2010 treatment that is immediately necessary for a minor [
2011 filed pending the service of summons upon the minor's [
2012 (b) If the juvenile court orders emergency medical or surgical treatment:
2013 (i) if a petition for delinquency has been filed under Section 80-6-305, Subsection
2014 80-6-706(4) shall apply to the juvenile court's decision to order treatment;
2015 (ii) if a petition has been filed under Section 80-3-201, Subsection 80-3-109(3) shall
2016 apply to the juvenile court's decision to order treatment; or
2017 (iii) if a petition has been filed under Section 80-4-201, Subsection 80-4-108(4) shall
2018 apply to the juvenile court's decision to order treatment.
2019 (8) (a) A minor is entitled to the issuance of compulsory process for the attendance of
2020 witnesses on the minor's own behalf.
2021 [
2022 for the attendance of witnesses on the parent's or guardian's own behalf or on behalf of the
2023 minor.
2024 (c) A guardian ad litem or a juvenile probation officer is entitled to compulsory process
2025 for the attendance of witnesses on behalf of the minor.
2026 (9) Service of summons and process and proof of service shall be made in the manner
2027 provided in the Utah Rules of [
2028 (10) (a) Service of summons or process shall be made by the sheriff of the county
2029 where the service is to be made, or by the sheriff's deputy.
2030 (b) Notwithstanding Subsection (10)(a), upon request of the juvenile court, service
2031 shall be made by any other peace officer[
2032 (11) Service of summons in the state shall be made personally, by delivering a copy to
2033 the person summoned[
2034 living together at [
2035 delivery [
2036 the summons for each parent.
2037 (12) (a) If the [
2038 court has reason to believe that personal service of the summons will be unsuccessful, or will
2039 not accomplish notification within a reasonable time after issuance of the summons, the [
2040 juvenile court may order service by registered mail, with a return receipt to be signed by the
2041 addressee only, to be addressed to the last-known address of the person to be served in the
2042 state.
2043 (b) Service [
2044 receipt.
2045 (13) (a) If the [
2046 under Subsection (4) cannot be found within the state, the fact of [
2047 presence within the state shall confer jurisdiction on the juvenile court in proceedings in a
2048 [
2049
2050 [
2051 sending the parent or guardian a copy of the summons by registered mail with a return receipt
2052 to be signed by the addressee only, or by personal service outside the state, as provided in the
2053 Utah Rules of [
2054
2055 [
2056 cannot after diligent inquiry be ascertained, due notice is given by publishing a summons:
2057 (A) in a newspaper having general circulation in the county in which the proceeding is
2058 pending once a week for four successive weeks; and
2059 (B) in accordance with Section 45-1-101 for four weeks.
2060 [
2061 (b) (i) If service is by registered mail under Subsection (13)(a)(i), service is complete
2062 upon return to the juvenile court of the signed receipt.
2063 (ii) If service is by publication under Subsection (13)(a)(ii), service is complete on the
2064 day of the last publication.
2065 (c) Service of summons as provided in this [
2066 court with jurisdiction over the parent or guardian served in the same manner and to the same
2067 extent as if the person served was served personally within the state.
2068 (14) (a) In the case of service in the state, service completed not less than 48 hours
2069 before the time set in the summons for the appearance of the person served, shall be sufficient
2070 to confer jurisdiction.
2071 (b) In the case of service outside the state, service completed not less than five days
2072 before the time set in the summons for appearance of the person served, shall be sufficient to
2073 confer jurisdiction.
2074 (15) Computation of periods of time under this chapter and Title 80, Utah Juvenile
2075 Code, shall be made in accordance with [
2076 Section 37. Section 78A-6-352, which is renumbered from Section 78A-6-111 is
2077 renumbered and amended to read:
2078 [
2079 to appear with minor or child -- Failure to appear -- Warrant of arrest, when authorized
2080 -- Parent's, guardian's, or custodian's employer to grant time off -- Appointment of
2081 attorney guardian ad litem.
2082 [
2083
2084
2085 [
2086
2087
2088 (1) If a person is required to appear in a proceeding in the juvenile court and the person
2089 fails, without reasonable cause, to appear before the juvenile court, the juvenile court may issue
2090 a bench warrant to produce the person in court.
2091 (2) If a child is required to appear in juvenile court, the child's parent, guardian, or
2092 custodian shall appear with the child in the juvenile court, unless the child's parent, guardian, or
2093 custodian is excused by the juvenile court.
2094 (3) (a) [
2095 from the parent's, guardian's, or custodian's employer to leave the workplace for the purpose of
2096 attending court if the [
2097 juvenile court that the [
2098 (b) An employer must grant the parent, guardian, or custodian permission to leave the
2099 workplace with or without pay if the [
2100 requests permission at least seven days in advance or within 24 hours of the [
2101 guardian, or custodian receiving notice of the hearing.
2102 [
2103 released, signed a written promise to appear and bring the child to juvenile court under Section
2104 [
2105 court on the date set in the promise[
2106 juvenile court, a warrant may be issued for the apprehension of [
2107 guardian, custodian, or other person.
2108 [
2109 (4)(a) is a class B misdemeanor if, at the time of the execution of the promise, the promisor is
2110 given a copy of the promise [
2111 child appear as promised is a class B misdemeanor. [
2112
2113 [
2114
2115
2116
2117
2118
2119 (5) (a) A juvenile court shall make every effort to ensure the presence of the parent,
2120 guardian, or custodian of a child at all hearings through the use of a warrant of arrest, if
2121 necessary, or by other means.
2122 (b) A juvenile court may appoint a guardian ad litem whenever necessary for the
2123 welfare of a child, regardless of whether the child's parent or guardian is present at the juvenile
2124 court proceedings.
2125 (6) A [
2126 [
2127 (a) a summons is issued but cannot be served;
2128 (b) [
2129 served will not obey the summons; or
2130 (c) serving the summons will be ineffectual.
2131 Section 38. Section 78A-6-353, which is renumbered from Section 78A-6-1101 is
2132 renumbered and amended to read:
2133 [
2134 or restitution.
2135 (1) [
2136 juvenile court may be proceeded against for contempt of court.
2137 [
2138
2139 [
2140
2141
2142
2143
2144
2145 (2) If a juvenile court finds an individual who is 18 years old or older in contempt of
2146 court, the juvenile court may impose sanctions on the individual in accordance with Title 78B,
2147 Chapter 6, Part 3, Contempt.
2148 (3) (a) Except as otherwise provided in this Subsection (3), if a juvenile court finds a
2149 child in contempt of court, the juvenile court may:
2150 (i) place the child on probation in accordance with Section 80-6-702;
2151 (ii) order the child to detention, or an alternative to detention, in accordance with
2152 Section 80-6-704; or
2153 (iii) require the child to pay a fine or fee in accordance with Section 80-6-709.
2154 (b) The juvenile court may only order a child to secure detention under Subsection
2155 (3)(a)(ii) for no longer than 72 hours, excluding weekends and legal holidays.
2156 [
2157 to secure detention upon compliance with conditions imposed by the juvenile court.
2158 [
2159
2160
2161
2162 (d) The juvenile court may not enforce a disposition under Subsection (3)(a)(iii)
2163 through an order for detention, a community-based program, or secure care.
2164 (4) On the sole basis of a child's absence from placement, a juvenile court may not hold
2165 a child in contempt under this section if the child:
2166 (a) is in the legal custody of the Division of Child and Family Services; and
2167 (b) is missing, has been abducted, or has run away.
2168 Section 39. Section 78A-6-354, which is renumbered from Section 78A-6-114 is
2169 renumbered and amended to read:
2170 [
2171 adult cases -- Minor or parents or custodian heard separately -- Continuance of hearing.
2172 (1) [
2173 juvenile court without a jury and may be conducted in an informal manner.
2174 [
2175
2176
2177 [
2178 [
2179 [
2180 [
2181
2182 [
2183
2184
2185 [
2186
2187
2188 [
2189
2190 [
2191
2192
2193 [
2194
2195
2196
2197
2198
2199
2200 [
2201
2202 [
2203 [
2204 [
2205 (2) (a) [
2206 Dependency Proceedings, Chapter 4, Termination and Restoration of Parental Rights, and
2207 Chapter 6, Juvenile Justice, shall be heard separately from [
2208 (b) The minor or the [
2209 be heard separately when considered necessary by the juvenile court.
2210 (c) [
2211 order.
2212 [
2213
2214
2215
2216 Section 40. Section 78A-6-355, which is renumbered from Section 78A-6-1112 is
2217 renumbered and amended to read:
2218 [
2219 institution having legal custody.
2220 (1) [
2221 juvenile court shall transmit, with the court order, copies of the social study, any clinical
2222 reports, and other information pertinent to the care and treatment of the minor to the institution
2223 or agency with legal custody of the minor.
2224 (2) The institution or agency shall give the juvenile court any information concerning
2225 the minor that the juvenile court may at any time require.
2226 [
2227
2228
2229 Section 41. Section 78A-6-356, which is renumbered from Section 78A-6-1106 is
2230 renumbered and amended to read:
2231 [
2232 is vested in an individual or institution.
2233 (1) As used in this section:
2234 (a) "Office" means the Office of Recovery Services.
2235 (b) "State custody" means that a child is in the custody of a state department, division,
2236 or agency, including [
2237 (2) Under this section, a juvenile court may not issue a child support order against an
2238 individual unless:
2239 (a) the individual is served with notice that specifies the date and time of a hearing to
2240 determine the financial support of a specified child;
2241 (b) the individual makes a voluntary appearance; or
2242 (c) the individual submits a waiver of service.
2243 (3) Except as provided in Subsection (11), when a juvenile court places a child in state
2244 custody or if the guardianship of the child has been granted to another party and an agreement
2245 for a guardianship subsidy has been signed by the guardian, the juvenile court:
2246 (a) shall order [
2247 guardian, or other obligated individual to pay child support for each month the child is in state
2248 custody or cared for under a grant of guardianship; [
2249 (b) shall inform [
2250 guardian, or other obligated individual, verbally and in writing, of the requirement to pay child
2251 support in accordance with Title 78B, Chapter 12, Utah Child Support Act; and
2252 (c) may refer the establishment of a child support order to the office.
2253 (4) When a juvenile court chooses to refer a case to the office to determine support
2254 obligation amounts in accordance with Title 78B, Chapter 12, Utah Child Support Act, the
2255 juvenile court shall:
2256 (a) make the referral within three working days after the day on which the juvenile
2257 court holds the hearing described in Subsection (2)(a); and
2258 (b) inform [
2259 guardian, or other obligated individual of:
2260 (i) the requirement to contact the office within 30 days after the day on which the
2261 juvenile court holds the hearing described in Subsection (2)(a); and
2262 (ii) the penalty described in Subsection (6) for failure to contact the office.
2263 (5) Liability for child support ordered under Subsection (3) shall accrue:
2264 (a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which
2265 the juvenile court holds the hearing described in Subsection (2)(a)[
2266 child support order for the child; or
2267 (b) beginning on the day the child is removed from the child's home, including time
2268 spent in detention or sheltered care, if the child is removed after having been returned to the
2269 child's home from state custody.
2270 (6) (a) If the [
2271 or other obligated individual contacts the office within 30 days after the day on which the court
2272 holds the hearing described in Subsection (2)(a), the child support order may not include a
2273 judgment for past due support for more than two months.
2274 (b) Notwithstanding Subsections (5) and (6)(a), the juvenile court may order the
2275 liability of support to begin to accrue from the date of the proceeding referenced in Subsection
2276 (3) if:
2277 (i) the court informs [
2278 parent, guardian, or other obligated individual, as described in Subsection (4)(b), and the
2279 [
2280 fails to contact the office within 30 days after the day on which the court holds the hearing
2281 described in Subsection (2)(a); and
2282 (ii) the office took reasonable steps under the circumstances to contact [
2283
2284 within 30 days after the last day on which [
2285 the parent, guardian, or other obligated individual was required to contact the office to facilitate
2286 the establishment of a child support order.
2287 (c) For purposes of Subsection (6)(b)(ii), the office is presumed to have taken
2288 reasonable steps if the office:
2289 (i) has a signed, returned receipt for a certified letter mailed to the address of the
2290 [
2291 individual regarding the requirement that a child support order be established; or
2292 (ii) has had a documented conversation, whether by telephone or in person, with the
2293 [
2294 individual regarding the requirement that a child support order be established.
2295 (7) In collecting arrears, the office shall comply with Section 62A-11-320 in setting a
2296 payment schedule or demanding payment in full.
2297 (8) (a) Unless a court orders otherwise, the [
2298
2299 the office.
2300 (b) The clerk of the juvenile court, the office, or the Department of Human Services
2301 and [
2302 care and maintenance of the child, such as [
2303 railroad retirement payments made in the name of or for the benefit of the child.
2304 (9) An existing child support order payable to a parent or other individual shall be
2305 assigned to the Department of Human Services as provided in Section 62A-1-117.
2306 (10) (a) Subsections (4) through (9) do not apply if legal custody of a child is vested by
2307 the juvenile court in an individual.
2308 (b) (i) If legal custody of a child is vested by the juvenile court in an individual, the
2309 court may order the [
2310 other obligated individual to pay child support to the individual in whom custody is vested.
2311 (ii) In the same proceeding, the juvenile court shall inform the [
2312
2313 in writing, of the requirement to pay child support in accordance with Title 78B, Chapter 12,
2314 Utah Child Support Act.
2315 (11) The juvenile court may not order an individual to pay child support for a child in
2316 state custody if:
2317 (a) the individual's only form of income is a government-issued disability benefit;
2318 (b) the benefit described in Subsection (11)(a) is issued because of the individual's
2319 disability, and not the child's disability; and
2320 (c) the individual provides the juvenile court and the office evidence that the individual
2321 meets the requirements of Subsections (11)(a) and (b).
2322 (12) After the juvenile court or the office establishes an individual's child support
2323 obligation ordered under Subsection (3), the office shall waive the obligation without further
2324 order of the juvenile court if:
2325 (a) the individual's child support obligation is established under Subsection
2326 78B-12-205(6) or Section 78B-12-302; or
2327 (b) the individual's only source of income is a means-tested, income replacement
2328 payment of aid, including:
2329 (i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
2330 Program; or
2331 (ii) cash benefits received under General Assistance, social security income, or social
2332 security disability income.
2333 Section 42. Section 78A-6-357 is enacted to read:
2334 78A-6-357. New hearings -- Modification of order or decree -- Requirements for
2335 changing or terminating custody, probation, or protective supervision.
2336 (1) If a party seeks a new hearing after an adjudication under Title 80, Utah Juvenile
2337 Code, Utah Rules of Juvenile Procedure, Rule 48, shall govern the matter of granting a new
2338 hearing.
2339 (2) (a) Except as provided in Subsection (3), a juvenile court may modify or set aside
2340 any order or decree made by the juvenile court.
2341 (b) A modification of an order placing a minor on probation may not:
2342 (i) include an order under Section 80-3-405, 80-6-703, 80-6-704, or 80-6-705; or
2343 (ii) extend supervision over a minor, except in accordance with Section 80-6-712.
2344 (3) (a) A parent or guardian of a child whose legal custody has been transferred by the
2345 juvenile court to an individual, agency, or institution may petition the juvenile court for
2346 restoration of custody or other modification or revocation of the juvenile court's order or
2347 decree, except as provided in Subsections (3)(b), (c), and (d) and for a transfer of legal custody
2348 for secure care.
2349 (b) A parent or guardian may only petition the juvenile court under Subsection (3)(a)
2350 on the ground that a change of circumstances has occurred that requires modification or
2351 revocation in the best interest of the child or the public.
2352 (c) A parent may not file a petition after the parent's parental rights have been
2353 terminated in accordance with Title 80, Chapter 4, Termination and Restoration of Parental
2354 Rights.
2355 (d) A parent may not file a petition for restoration of custody under this section during
2356 the existence of a permanent guardianship established for the child under Subsection
2357 80-3-405(2)(d).
2358 (4) (a) An individual, agency, or institution vested with legal custody of a child may
2359 petition the juvenile court for a modification of the custody order on the ground that the change
2360 is necessary for the welfare of the child or in the public interest.
2361 (b) The juvenile court shall proceed upon the petition in accordance with this section.
2362 (5) Notice of hearing is required in any case in which the effect of modifying or setting
2363 aside an order or decree may be to make any change in the minor's legal custody under Section
2364 80-3-405 or 80-6-703.
2365 (6) (a) Upon the filing of a petition under Subsection (3)(a), the juvenile court shall
2366 make a preliminary investigation.
2367 (b) After the preliminary investigation described in Subsection (6)(a), the juvenile
2368 court:
2369 (i) may dismiss the petition if the juvenile court finds the alleged change of
2370 circumstances, if proved, would not affect the decree; or
2371 (ii) shall conduct a hearing, if the juvenile court finds that further examination of the
2372 facts is needed, or if the juvenile court on the juvenile court's own motion determines that the
2373 juvenile court's order or decree should be reviewed.
2374 (c) Notice of the hearing described in Subsection (6)(b)(ii) shall be given to all
2375 interested persons.
2376 (d) At a hearing under Subsection (6)(b)(ii), the juvenile court may enter an order
2377 continuing, modifying, or terminating the juvenile court's order or decree.
2378 (7) Notice of an order terminating probation or protective supervision of a child shall
2379 be given to the child's:
2380 (a) parent;
2381 (b) guardian;
2382 (c) custodian; and
2383 (d) where appropriate, to the child.
2384 (8) Notice of an order terminating probation or protective supervision of a minor who
2385 is at least 18 years old shall be given to the minor.
2386 Section 43. Section 78A-6-358, which is renumbered from Section 78A-6-118 is
2387 renumbered and amended to read:
2388 [
2389 by a juvenile court.
2390 (1) A judgment, order, or decree of the juvenile court is no longer in effect after a
2391 minor is 21 years old, except:
2392 (a) for an order of commitment to the Utah State Developmental Center or to the
2393 custody of the Division of Substance Abuse and Mental Health;
2394 (b) for an adoption under Subsection 78A-6-103[
2395 (c) for an order permanently terminating the rights of a parent, guardian, or custodian
2396 under Title 80, Chapter 4, Termination and Restoration of Parental Rights;
2397 (d) for a permanent order of custody and guardianship under Subsection
2398 80-3-405(2)(d); and
2399 (e) as provided in Subsection (2).
2400 (2) If the juvenile court enters a judgment or order for a minor for whom the juvenile
2401 court has extended continuing jurisdiction over the minor's case until the minor is 25 years old
2402 under Section [
2403 effect after the minor is 25 years old.
2404 Section 44. Section 78A-6-359, which is renumbered from Section 78A-6-1109 is
2405 renumbered and amended to read:
2406 [
2407 (1) An appeal to the Court of Appeals may be taken from any order, decree, or
2408 judgment of the juvenile court.
2409 [
2410
2411
2412 (2) (a) An appeal of right from an order, decree, or judgment by a juvenile court related
2413 to a proceeding under Title 78B, Chapter 6, Part 1, Utah Adoption Act, Title 80, Chapter 3,
2414 Abuse, Neglect, and Dependency Proceedings, and Title 80, Chapter 4, Termination and
2415 Restoration of Parental Rights, shall be filed within 15 days after the day on which the juvenile
2416 court enters the order, decree, or judgment.
2417 (b) A notice of appeal must be signed by appellant's counsel, if any, and by appellant,
2418 unless the appellant is a child or state agency.
2419 (c) If an appellant fails to timely sign a notice of appeal, the appeal shall be dismissed.
2420 (3) [
2421 include the following information:
2422 (a) notice that the right to appeal described in Subsection (2)(a) is time sensitive and
2423 must be taken within 15 days [
2424 the order, decree, or judgment appealed from;
2425 (b) the right to appeal within the specified time limits;
2426 (c) the need for the signature of the parties on a notice of appeal in [
2427
2428
2429 (d) the need for parties to maintain regular contact with [
2430 to keep all other parties and the appellate court informed of [
2431 (4) If the parties are not present in the courtroom, the juvenile court shall [
2432
2433 the parties at [
2434 (5) (a) The juvenile court shall inform the parties' counsel at the conclusion of the
2435 proceedings that, if an appeal is filed, [
2436 the parties throughout the appellate process unless relieved of that obligation by the juvenile
2437 court upon a showing of extraordinary circumstances.
2438 (b) (i) Until the petition on appeal is filed, claims of ineffective assistance of counsel
2439 do not constitute extraordinary circumstances.
2440 (ii) If a claim is raised by trial counsel or a party, [
2441 petition on appeal.
2442 (6) During the pendency of an appeal [
2443
2444 shall maintain regular contact with [
2445 and the appellate court informed of [
2446 (7) (a) In all other appeals of right, the appeal shall be taken within 30 days [
2447
2448 juvenile court enters the order, decree, or judgment.
2449 (b) A notice of appeal under Subsection (7)(a) must be signed by appellant's counsel, if
2450 any, or by appellant.
2451 (8) The attorney general shall represent the state in all appeals under this chapter and
2452 Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, Chapter 4, Termination and
2453 Restoration of Parental Rights, and Chapter 6, Juvenile Justice.
2454 [
2455 an appeal does not stay the order or decree appealed from in a minor's case, unless otherwise
2456 ordered by the Court of Appeals, if suitable provision for the care and custody of the minor
2457 involved is made pending the appeal.
2458 [
2459 2, Government Records Access and Management Act.
2460 Section 45. Section 78A-6-450, which is renumbered from Section 78A-6-1001 is
2461 renumbered and amended to read:
2462
2463 [
2464 court.
2465 [
2466
2467
2468 A county attorney or district attorney may file a criminal information in the juvenile
2469 court charging an adult for:
2470 [
2471 Section 32B-4-403;
2472 [
2473
2474 [
2475 [
2476 [
2477 [
2478 [
2479 Section 53G-6-202[
2480 [
2481
2482 (7) a willful failure to perform a promise to appear under Subsection 78A-6-352(4)(b).
2483 Section 46. Section 78A-6-451, which is renumbered from Section 78A-6-1002 is
2484 renumbered and amended to read:
2485 [
2486 Transfer to district court.
2487 (1) The county attorney or district attorney, as provided in Title 17, Chapter 18a,
2488 Powers and Duties of County and District Attorney, shall prosecute any case brought under this
2489 part.
2490 (2) [
2491 and rules governing criminal proceedings in the district court, except the juvenile court may,
2492 [
2493 Section 47. Section 78A-6-452, which is renumbered from Section 78A-6-1003 is
2494 renumbered and amended to read:
2495 [
2496 [
2497
2498
2499 (1) Except as provided in Subsection (2), the state shall pay, when approved by the
2500 court, the cost of publication of a summons, the expense of a trial, and any other fee or expense
2501 of a trial of an adult under this part.
2502 (2) The county where the hearing or trial is held shall pay the prosecution costs and
2503 public defender costs.
2504 Section 48. Section 78B-6-105 is amended to read:
2505 78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction
2506 over nonresidents -- Time for filing.
2507 (1) [
2508 petition [
2509 (a) the district court in the district where the prospective adoptive parent resides;
2510 (b) if the prospective adoptive parent is not a resident of this state, the district court in
2511 the district where:
2512 (i) the adoptee was born;
2513 (ii) the adoptee resides on the day on which the petition is filed; or
2514 (iii) a parent of the proposed adoptee resides on the day on which the petition is filed;
2515 or
2516 (c) [
2517 78A-6-350.
2518 (2) All orders, decrees, agreements, and notices in [
2519 proceeding shall be filed with the clerk of the court where the adoption [
2520 proceeding is commenced under Subsection (1).
2521 (3) A petition for adoption:
2522 (a) may be filed before the birth of a child;
2523 (b) may be filed before or after the adoptee is placed in the home of the petitioner for
2524 the purpose of adoption; and
2525 (c) shall be filed no later than 30 days after the day on which the adoptee is placed in
2526 the home of the petitioners for the purpose of adoption, unless:
2527 (i) the time for filing has been extended by the court; or
2528 (ii) the adoption is arranged by a child-placing agency in which case the agency may
2529 extend the filing time.
2530 (4) (a) If a person whose consent for the adoption is required under Section 78B-6-120
2531 or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state
2532 shall confer jurisdiction on the court in proceedings under this chapter as to such absent person,
2533 provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
2534 (b) The notice may not include the name of:
2535 (i) a prospective adoptive parent; or
2536 (ii) an unmarried mother without her consent.
2537 (5) Service of notice [
2538 with jurisdiction over the person served in the same manner and to the same extent as if the
2539 person served was served personally within the state.
2540 (6) In the case of service outside the state, service completed not less than five days
2541 before the time set in the notice for appearance of the person served [
2542 confer jurisdiction.
2543 (7) Computation of periods of time not otherwise set forth in this section shall be made
2544 in accordance with the Utah Rules of Civil Procedure.
2545 Section 49. Section 78B-15-104 is amended to read:
2546 78B-15-104. Adjudication -- Jurisdiction.
2547 (1) The district court, the juvenile court, and the Office of Recovery Services in
2548 accordance with Section 62A-11-304.2 and Title 63G, Chapter 4, Administrative Procedures
2549 Act, are authorized to adjudicate parentage under Part 1, General Provisions, Part 2, Parent and
2550 Child Relationship, Part 3, Voluntary Declaration of Paternity Act, Part 4, Registry, Part 5,
2551 Genetic Testing, Part 6, Adjudication of Parentage, and Part 9, Miscellaneous.
2552 (2) The district court and the juvenile court have jurisdiction over proceedings under
2553 Part 7, Assisted Reproduction, and Part 8, Gestational Agreement.
2554 (3) The juvenile court has original jurisdiction over a proceeding under this chapter in
2555 accordance with Subsection 78A-6-103(2)(p).
2556 [
2557 filed under this chapter by an unmarried biological father if he is not entitled to consent to the
2558 adoption of the child under Sections 78B-6-121 and 78B-6-122.
2559 Section 50. Section 80-1-101 is enacted to read:
2560
2561
2562 80-1-101. Title.
2563 (1) This title is known as the "Utah Juvenile Code."
2564 (2) This chapter is known as "General Provisions."
2565 Section 51. Section 80-1-102, which is renumbered from Section 78A-6-105 is
2566 renumbered and amended to read:
2567 [
2568 As used in this [
2569 (1) (a) "Abuse" means:
2570 (i) (A) nonaccidental harm of a child;
2571 (B) threatened harm of a child;
2572 (C) sexual exploitation;
2573 (D) sexual abuse; or
2574 (E) human trafficking of a child in violation of Section 76-5-308.5; or
2575 (ii) that a child's natural parent:
2576 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
2577 child;
2578 (B) is identified by a law enforcement agency as the primary suspect in an investigation
2579 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
2580 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
2581 recklessly causing the death of another parent of the child.
2582 (b) "Abuse" does not include:
2583 (i) reasonable discipline or management of a child, including withholding privileges;
2584 (ii) conduct described in Section 76-2-401; or
2585 (iii) the use of reasonable and necessary physical restraint or force on a child:
2586 (A) in self-defense;
2587 (B) in defense of others;
2588 (C) to protect the child; or
2589 (D) to remove a weapon in the possession of a child for any of the reasons described in
2590 Subsections (1)(b)(iii)(A) through (C).
2591 (2) "Abused child" means a child who has been subjected to abuse.
2592 (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
2593 facts alleged in the petition have been proved.
2594 (b) "Adjudication" does not mean a finding of not competent to proceed in accordance
2595 with Section [
2596 (4) (a) "Adult" means an individual who is 18 years old or older.
2597 (b) "Adult" does not include an individual:
2598 (i) who is 18 years old or older; and
2599 [
2600
2601 (ii) who is a minor.
2602 (5) "Attorney guardian ad litem" means the same as that term is defined in Section
2603 78A-2-801.
2604 [
2605 [
2606 (8) "Child and family plan" means a written agreement between a child's parents or
2607 guardian and the Division of Child and Family Services as described in Section 62A-4a-205.
2608 [
2609 (a) a private agency licensed to receive a child for placement or adoption under this
2610 code; or
2611 (b) a private agency that receives a child for placement or adoption in another state,
2612 which [
2613 [
2614 Section 58-37d-3.
2615 [
2616 (a) with respect to a child, to transfer legal custody; and
2617 (b) with respect to a minor who is at least 18 years old, to transfer custody.
2618 [
2619 (12) "Community-based program" means a nonsecure residential or nonresidential
2620 program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
2621 restrictive setting, consistent with public safety, and operated by or under contract with the
2622 Division of Juvenile Justice Services.
2623 (13) "Community placement" means placement of a minor in a community-based
2624 program described in Section 80-5-402.
2625 (14) "Correctional facility" means:
2626 (a) a county jail; or
2627 (b) a secure correctional facility as defined in Section 64-13-1.
2628 [
2629 associated with a minor's likelihood of reoffending.
2630 [
2631
2632 [
2633 62A-1-102.
2634 [
2635
2636 (17) "Dependent child" or "dependency" means a child, or a condition of a child, who
2637 is homeless, or without proper care, through no fault of the child's parent, guardian, or
2638 custodian.
2639 [
2640 court from a parent [
2641 institution.
2642 [
2643
2644
2645 [
2646 [
2647 [
2648
2649
2650
2651 (19) "Detention" means home detention or secure detention.
2652 (20) "Detention risk assessment tool" means an evidence based tool established under
2653 Section 80-5-203 that:
2654 (a) assesses a minor's risk of failing to appear in court or reoffending before
2655 adjudication; and
2656 (b) is designed to assist in making a determination of whether a minor shall be held in
2657 detention.
2658 [
2659 more domains [
2660 (a) consult with counsel with a reasonable degree of rational understanding; and
2661 (b) have a rational as well as factual understanding of the proceedings.
2662 [
2663 (22) "Disposition" means an order by a juvenile court, after the adjudication of a
2664 minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
2665 [
2666 education violation under Section 53G-6-202, the parent or guardian fails to make a good faith
2667 effort to ensure that the child receives an appropriate education.
2668 [
2669 (a) obtained at a substance abuse program that is approved by the Division of
2670 Substance Abuse and Mental Health in accordance with Section 62A-15-105; and
2671 (b) designed to prevent substance use or the onset of a mental health disorder.
2672 (25) "Emancipated" means the same as that term is defined in Section 80-7-102.
2673 [
2674 randomized control studies or a meta-analysis demonstrating that the program or practice is
2675 effective for a specific population or has been rated as effective by a standardized program
2676 evaluation tool.
2677 [
2678 77-15-2.
2679 [
2680
2681 (a) supervised in the community by, and reports to, a juvenile probation officer or an
2682 agency designated by the juvenile court; and
2683 (b) subject to return to the juvenile court in accordance with Section [
2684
2685 [
2686
2687
2688 [
2689 of one or more individuals in the group, depending upon the recommendation of the therapist.
2690 [
2691 appointed by a court to make decisions regarding a minor, including the authority to consent to:
2692 (a) marriage;
2693 (b) enlistment in the armed forces;
2694 (c) major medical, surgical, or psychiatric treatment; or
2695 (d) legal custody, if legal custody is not vested in another individual, agency, or
2696 institution.
2697 [
2698 (31) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
2699 [
2700 (a) physical or developmental injury or damage;
2701 (b) emotional damage that results in a serious impairment in the child's growth,
2702 development, behavior, or psychological functioning;
2703 (c) sexual abuse; or
2704 (d) sexual exploitation.
2705 (33) "Home detention" means placement of a minor:
2706 (a) if prior to a disposition, in the minor's home, or in a surrogate home with the
2707 consent of the minor's parent, guardian, or custodian, under terms and conditions established by
2708 the Division of Juvenile Justice Services or the juvenile court; or
2709 (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
2710 minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
2711 custodian, under terms and conditions established by the Division of Juvenile Justice Services
2712 or the juvenile court.
2713 [
2714 the perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
2715 nephew, niece, or first cousin.
2716 [
2717 (b) "Incest" includes:
2718 (i) blood relationships of the whole or half blood, without regard to legitimacy;
2719 (ii) relationships of parent and child by adoption; and
2720 (iii) relationships of stepparent and stepchild while the marriage creating the
2721 relationship of a stepparent and stepchild exists.
2722 [
2723
2724
2725 (35) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
2726 (36) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
2727 (37) "Indigent defense service provider" means the same as that term is defined in
2728 Section 78B-22-102.
2729 (38) "Indigent defense services" means the same as that term is defined in Section
2730 78B-22-102.
2731 (39) "Indigent individual" means the same as that term is defined in Section
2732 78B-22-102.
2733 (40) (a) "Intake probation" means a minor is:
2734 (i) monitored by a juvenile probation officer; and
2735 (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
2736 (b) "Intake probation" does not include formal probation.
2737 [
2738 functioning existing concurrently with deficits in adaptive behavior that constitutes a
2739 substantial limitation to the individual's ability to function in society.
2740 (42) "Juvenile offender" means:
2741 (a) a serious youth offender; or
2742 (b) a youth offender.
2743 (43) "Juvenile probation officer" means a probation officer appointed under Section
2744 78A-6-205.
2745 (44) "Juvenile receiving center" means a nonsecure, nonresidential program established
2746 by the Division of Juvenile Justice Services, or under contract with the Division of Juvenile
2747 Justice Services, that is responsible for minors taken into temporary custody under Section
2748 80-6-201.
2749 [
2750
2751 (a) the right to physical custody of the minor;
2752 (b) the right and duty to protect, train, and discipline the minor;
2753 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
2754 medical care;
2755 (d) the right to determine where and with whom the minor shall live; and
2756 (e) the right, in an emergency, to authorize surgery or other extraordinary care.
2757 [
2758 [
2759 [
2760 [
2761
2762 [
2763 [
2764 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
2765 behavioral, or related functioning; or
2766 (b) the same as that term is defined in:
2767 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
2768 published by the American Psychiatric Association; or
2769 (ii) the current edition of the International Statistical Classification of Diseases and
2770 Related Health Problems.
2771 [
2772 [
2773 [
2774 [
2775 [
2776 [
2777 [
2778 [
2779 [
2780 [
2781 [
2782 (47) "Minor" means, except as provided in Sections 80-6-901 and 80-7-102:
2783 (a) a child; or
2784 (b) an individual:
2785 (i) (A) who is at least 18 years old and younger than 21 years old; and
2786 (B) for whom the Division of Child and Family Services has been specifically ordered
2787 by the juvenile court to provide services because the individual was an abused, neglected, or
2788 dependent child or because the individual was adjudicated for an offense; or
2789 (ii) (A) who is at least 18 years old and younger than 25 years old; and
2790 (B) whose case is under the continuing jurisdiction of the juvenile court under Chapter
2791 6, Juvenile Justice.
2792 [
2793
2794 same as that term is defined in Section 62A-15-102.
2795 [
2796 the sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any
2797 child, or the breast of a female child, or takes indecent liberties with a child as defined in
2798 Section 76-5-416.
2799 [
2800 (b) "Natural parent" includes the minor's noncustodial parent.
2801 [
2802 (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
2803 Relinquishment of a Newborn Child;
2804 (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
2805 guardian, or custodian;
2806 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
2807 subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
2808 well-being;
2809 (iv) a child to be at risk of being neglected or abused because another child in the same
2810 home is neglected or abused;
2811 (v) abandonment of a child through an unregulated custody transfer; or
2812 (vi) educational neglect.
2813 (b) "Neglect" does not include:
2814 (i) a parent or guardian legitimately practicing religious beliefs and who, for that
2815 reason, does not provide specified medical treatment for a child;
2816 (ii) a health care decision made for a child by the child's parent or guardian, unless the
2817 state or other party to a proceeding shows, by clear and convincing evidence, that the health
2818 care decision is not reasonable and informed;
2819 (iii) a parent or guardian exercising the right described in Section [
2820 80-3-304; or
2821 (iv) permitting a child, whose basic needs are met and who is of sufficient age and
2822 maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
2823 including:
2824 (A) traveling to and from school, including by walking, running, or bicycling;
2825 (B) traveling to and from nearby commercial or recreational facilities;
2826 (C) engaging in outdoor play;
2827 (D) remaining in a vehicle unattended, except under the conditions described in
2828 Subsection 76-10-2202(2);
2829 (E) remaining at home unattended; or
2830 (F) engaging in a similar independent activity.
2831 [
2832 [
2833 probation officer, without [
2834 Section 80-6-701, upon the consent in writing of:
2835 (a) the assigned juvenile probation officer; and
2836 (b) (i) the minor; or
2837 (ii) the minor and the minor's parent, legal guardian, or custodian.
2838 [
2839 intellectual disability or related condition, or developmental immaturity, lacks the ability to:
2840 (a) understand the nature of the proceedings against the minor or of the potential
2841 disposition for the offense charged; or
2842 (b) consult with counsel and participate in the proceedings against the minor with a
2843 reasonable degree of rational understanding.
2844 (55) "Parole" means a conditional release of a juvenile offender from residency in
2845 secure care to live outside of secure care under the supervision of the Division of Juvenile
2846 Justice Services, or another person designated by the Division of Juvenile Justice Services.
2847 [
2848 child.
2849 [
2850 adjudication [
2851 80-6-701, whereby the minor is permitted to remain in the minor's home under prescribed
2852 conditions.
2853 (b) "Probation" includes intake probation or formal probation.
2854 [
2855 (a) the attorney general and any assistant attorney general;
2856 (b) any district attorney or deputy district attorney;
2857 (c) any county attorney or assistant county attorney; and
2858 (d) any other attorney authorized to commence an action on behalf of the state.
2859 (59) "Protective custody" means the shelter of a child by the Division of Child and
2860 Family Services from the time the child is removed from the home until the earlier of:
2861 (a) the day on which the shelter hearing is held under Section 80-3-301; or
2862 (b) the day on which the child is returned home.
2863 [
2864 following an adjudication on the ground of abuse, neglect, or dependency, whereby:
2865 (a) the minor is permitted to remain in the minor's home[
2866 (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
2867 by [
2868 the juvenile court.
2869 [
2870 (i) is found to be closely related to intellectual disability;
2871 (ii) results in impairment of general intellectual functioning or adaptive behavior
2872 similar to that of an intellectually disabled individual;
2873 (iii) is likely to continue indefinitely; and
2874 (iv) constitutes a substantial limitation to the individual's ability to function in society.
2875 (b) "Related condition" does not include mental illness, psychiatric impairment, or
2876 serious emotional or behavioral disturbance.
2877 [
2878 remaining with [
2879 another person or agency, including:
2880 (i) the responsibility for support;
2881 (ii) the right to consent to adoption;
2882 (iii) the right to determine the child's religious affiliation; and
2883 (iv) the right to reasonable parent-time unless restricted by the court.
2884 (b) If no guardian has been appointed, "residual parental rights and duties" includes the
2885 right to consent to:
2886 (i) marriage;
2887 (ii) enlistment; and
2888 (iii) major medical, surgical, or psychiatric treatment.
2889 [
2890
2891
2892
2893 (63) "Runaway" means a child, other than an emancipated child, who willfully leaves
2894 the home of the child's parent or guardian, or the lawfully prescribed residence of the child,
2895 without permission.
2896 (64) "Secure care" means placement of a minor, who is committed to the Division of
2897 Juvenile Justice Services for rehabilitation, in a facility operated by, or under contract with, the
2898 Division of Juvenile Justice Services, that provides 24-hour supervision and confinement of the
2899 minor.
2900 (65) "Secure care facility" means a facility, established in accordance with Section
2901 80-5-503, for juvenile offenders in secure care.
2902 (66) "Secure detention" means temporary care of a minor who requires secure custody
2903 in a physically restricting facility operated by, or under contract with, the Division of Juvenile
2904 Justice Services:
2905 (a) before disposition of an offense that is alleged to have been committed by the
2906 minor; or
2907 (b) under Section 80-6-704.
2908 (67) "Serious youth offender" means an individual who:
2909 (a) is at least 14 years old, but under 25 years old;
2910 (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
2911 of the juvenile court was extended over the individual's case until the individual was 25 years
2912 old in accordance with Section 80-6-605; and
2913 (c) is committed by the juvenile court to the Division of Juvenile Justice Services for
2914 secure care under Sections 80-6-703 and 80-6-705.
2915 [
2916 to a child.
2917 [
2918 harm to a child.
2919 [
2920 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
2921 adult directed towards a child;
2922 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2923 committed by a child towards another child if:
2924 (i) there is an indication of force or coercion;
2925 (ii) the children are related, as described in Subsection [
2926 by marriage while the marriage exists or by adoption;
2927 (iii) there have been repeated incidents of sexual contact between the two children,
2928 unless the children are 14 years old or older; or
2929 (iv) there is a disparity in chronological age of four or more years between the two
2930 children;
2931 (c) engaging in any conduct with a child that would constitute an offense under any of
2932 the following, regardless of whether the individual who engages in the conduct is actually
2933 charged with, or convicted of, the offense:
2934 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
2935 alleged perpetrator of an offense described in Section 76-5-401 is a minor;
2936 (ii) child bigamy, Section 76-7-101.5;
2937 (iii) incest, Section 76-7-102;
2938 (iv) lewdness, Section 76-9-702;
2939 (v) sexual battery, Section 76-9-702.1;
2940 (vi) lewdness involving a child, Section 76-9-702.5; or
2941 (vii) voyeurism, Section 76-9-702.7; or
2942 (d) subjecting a child to participate in or threatening to subject a child to participate in
2943 a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
2944 marriage.
2945 [
2946 (a) employing, using, persuading, inducing, enticing, or coercing any child to:
2947 (i) pose in the nude for the purpose of sexual arousal of any individual; or
2948 (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
2949 filming, recording, or displaying in any way the sexual or simulated sexual conduct;
2950 (b) displaying, distributing, possessing for the purpose of distribution, or selling
2951 material depicting a child:
2952 (i) in the nude, for the purpose of sexual arousal of any individual; or
2953 (ii) engaging in sexual or simulated sexual conduct; or
2954 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2955 sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
2956 is actually charged with, or convicted of, the offense.
2957 [
2958 facility pending [
2959 (73) "Shelter facility" means the same as that term is defined in Section 62A-4a-101.
2960 [
2961 76-1-401.
2962 [
2963 an offense that would not be an offense but for the age of the offender.
2964 [
2965 drugs or substances.
2966 [
2967 62A-4a-101.
2968 [
2969 [
2970 parental rights and duties, including residual parental rights and duties, by court order.
2971 [
2972 (a) an individual employed by a state division or agency for the purpose of conducting
2973 psychological treatment and counseling of a minor in [
2974 (b) any other individual licensed or approved by the state for the purpose of conducting
2975 psychological treatment and counseling.
2976 [
2977 indicating that the child is at an unreasonable risk of harm or neglect.
2978 (82) "Ungovernable" means a child in conflict with a parent or guardian, and the
2979 conflict:
2980 (a) results in behavior that is beyond the control or ability of the child, or the parent or
2981 guardian, to manage effectively;
2982 (b) poses a threat to the safety or well-being of the child, the child's family, or others;
2983 or
2984 (c) results in the situations described in Subsections (82)(a) and (b).
2985 [
2986 (a) with an individual who is not the child's parent, step-parent, grandparent, adult
2987 sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
2988 whom the child is familiar, or a member of the child's federally recognized tribe;
2989 (b) with the intent of severing the child's existing parent-child or guardian-child
2990 relationship; and
2991 (c) without taking:
2992 (i) reasonable steps to ensure the safety of the child and permanency of the placement;
2993 and
2994 (ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
2995 guardianship to the individual taking custody of the child.
2996 [
2997 62A-4a-101.
2998 [
2999 62A-4a-101.
3000 [
3001 assesses a minor's risk of reoffending and a minor's criminogenic needs.
3002 [
3003
3004 [
3005 [
3006 62A-4a-101.
3007 (88) "Youth offender" means an individual who is:
3008 (a) at least 12 years old, but under 21 years old; and
3009 (b) committed by the juvenile court to the Division of Juvenile Justice Services for
3010 secure care under Sections 80-6-703 and 80-6-705.
3011 Section 52. Section 80-1-103, which is renumbered from Section 78A-6-1110 is
3012 renumbered and amended to read:
3013 [
3014 private agencies and organizations.
3015 (1) Every county, municipality, and school district, and the Department of Human
3016 Services, the Division of Juvenile Justice Services, the Division of Child and Family Services,
3017 the Department of Health, the Division of Substance Abuse and Mental Health, the State Board
3018 of Education, and state and local law enforcement officers, shall render all assistance and
3019 cooperation within their jurisdiction and power to further the [
3020 [
3021 (2) A juvenile court is authorized to seek the cooperation of all agencies and
3022 organizations, public or private, whose [
3023 Section 53. Section 80-2-101 is enacted to read:
3024 80-2-101. Title.
3025 Reserved
3026 Section 54. Section 80-3-101 is enacted to read:
3027
3028
3029 80-3-101. Title.
3030 This chapter is known as "Abuse, Neglect, and Dependency Proceedings."
3031 Section 55. Section 80-3-102, which is renumbered from Section 78A-6-301 is
3032 renumbered and amended to read:
3033 [
3034 As used in this [
3035 (1) "Abuse, neglect, or dependency petition" means a petition filed in accordance with
3036 this chapter to commence proceedings in a juvenile court alleging that a child is:
3037 (a) abused;
3038 (b) neglected; or
3039 (c) dependent.
3040 (2) "Child protection team" means the same as that term is defined in Section
3041 62A-4a-101.
3042 (3) "Child protection unit" means the same as that term is defined in Section
3043 62A-4a-101.
3044 [
3045 (5) "Division" means the Division of Child and Family Services created in Section
3046 62A-4a-103.
3047 (6) "Friend" means an adult who:
3048 (a) has an established relationship with the child or a family member of the child; and
3049 (b) is not the natural parent of the child.
3050 [
3051 grandparent, or grandchild.
3052 [
3053
3054 [
3055 [
3056 (8) "Relative" means an adult who:
3057 (a) is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle,
3058 brother in law, sister in law, stepparent, first cousin, stepsibling, or sibling;
3059 (b) is a first cousin of the child's parent;
3060 (c) is an adoptive parent of the child's sibling; or
3061 (d) in the case of a child who is an Indian child, an extended family member as defined
3062 in 25 U.S.C. Sec. 1903.
3063 (9) "Shelter care" means the same as that term is defined in Section 62A-4a-101.
3064 [
3065 [
3066 62A-4a-101.
3067 (12) "Substitute care" means the same as that term is defined in Section 62A-4a-101.
3068 [
3069
3070 62A-4a-101.
3071 Section 56. Section 80-3-103, which is renumbered from Section 78A-6-303 is
3072 renumbered and amended to read:
3073 [
3074 parte communications.
3075 [
3076
3077
3078 (1) The proceedings under this chapter are civil in nature and are governed by the Utah
3079 Rules of Civil Procedure and the Utah Rules of Juvenile Procedure.
3080 (2) Any unauthorized ex parte communication concerning a pending case between a
3081 judge and a party to an abuse, neglect, or dependency proceeding shall be recorded for
3082 subsequent review, if necessary, by the Judicial Conduct Commission.
3083 Section 57. Section 80-3-104, which is renumbered from Section 78A-6-317 is
3084 renumbered and amended to read:
3085 [
3086 Legal representation -- Attorney general responsibilities.
3087 (1) (a) A [
3088 entitled to notice [
3089 80-3-301, preadoptive parents, foster parents, and any relative providing care for the [
3090 minor, are:
3091 [
3092 under this [
3093 [
3094 Subsection (1)(a)(i).
3095 [
3096
3097
3098 (b) A child's right to be present at a hearing under Subsection (1)(a) is subject to the
3099 discretion of the guardian ad litem, as defined in Section 78A-2-801, appointed under
3100 Subsection (3) or the juvenile court regarding any possible detriment to the child.
3101 [
3102 abuse, neglect, or dependency petition [
3103 counsel, and to present evidence, at each hearing.
3104 [
3105
3106 (b) If a parent or guardian is the subject of an abuse, neglect, or dependency petition,
3107 the juvenile court shall:
3108 (i) appoint an indigent defense service provider for a parent or guardian determined to
3109 be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
3110 Counsel; and
3111 (ii) order indigent defense services for the parent or legal guardian who is determined
3112 to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
3113 Counsel.
3114 [
3115 the juvenile court shall order that the child be represented by [
3116 in accordance with Section [
3117 (b) A guardian ad litem appointed under Subsection (3)(a) shall represent the best
3118 interest of the [
3119 78A-2-803:
3120 (i) at the shelter hearing and at all subsequent court and administrative proceedings,
3121 including any proceeding for termination of parental rights in accordance with [
3122
3123 Rights; and
3124 (ii) in other actions initiated under this chapter when appointed by the court under
3125 Section 78A-2-803 or as otherwise provided by law.
3126 (4) Subject to the attorney general's prosecutorial discretion in civil enforcement
3127 actions, the attorney general shall, in accordance with Section 62A-4a-113, enforce all
3128 provisions of this chapter and Title 62A, Chapter 4a, Child and Family Services, relating to
3129 protection or custody of an abused, neglected, or dependent minor and the termination of
3130 parental rights.
3131 (5) (a) The juvenile court shall admit any individual to a hearing, including a hearing
3132 under Section 80-3-205, unless the juvenile court makes a finding upon the record that the
3133 individual's presence at the hearing would:
3134 (i) be detrimental to the best interest of a minor who is a party to the proceeding;
3135 (ii) impair the fact-finding process; or
3136 (iii) be otherwise contrary to the interests of justice.
3137 (b) The juvenile court may exclude an individual from a hearing under Subsection
3138 (5)(a) on the juvenile court's own motion or by motion of a party to the proceeding.
3139 [
3140
3141 [
3142
3143
3144 [
3145
3146 [
3147
3148 [
3149
3150 [
3151
3152 [
3153
3154
3155 [
3156
3157 [
3158
3159
3160
3161 [
3162
3163
3164 [
3165
3166 [
3167
3168 [
3169
3170 [
3171
3172 Section 58. Section 80-3-105 is enacted to read:
3173 80-3-105. Consolidation of proceedings.
3174 (1) Subject to Subsection (2), when more than one child is involved in a home situation
3175 that may be found to constitute abuse, neglect, or dependency, the proceedings may be
3176 consolidated.
3177 (2) Separate hearings may be held in proceedings consolidated under Subsection (1)
3178 with respect to disposition.
3179 Section 59. Section 80-3-106 is enacted to read:
3180 80-3-106. Record of proceedings.
3181 (1) As used in this section:
3182 (a) "Record of a proceeding" does not include documentary materials of any type
3183 submitted to the juvenile court as part of the proceeding, including items submitted under Utah
3184 Rules of Juvenile Procedure, Rule 45.
3185 (b) "Subjects of the record" includes the child's attorney guardian ad litem, the child's
3186 guardian, the division, and any other party to the proceeding.
3187 (2) (a) Except as provided in Subsection (2)(b), the juvenile court shall take a verbatim
3188 record of the proceedings under this chapter, unless dispensed with by the juvenile court.
3189 (b) A juvenile court shall take a verbatim record of the proceedings in all cases under
3190 this chapter that might result in deprivation of custody.
3191 (3) Notwithstanding any other provision, including Title 63G, Chapter 2, Government
3192 Records Access and Management Act, the juvenile court shall release a record of a proceeding
3193 made under Subsection (2) to any person upon a finding on the record for good cause.
3194 (4) Following a petition for a record of a proceeding made under Subsection (2), the
3195 juvenile court shall:
3196 (a) provide notice to all subjects of the record that a request for release of the record
3197 has been made; and
3198 (b) allow sufficient time for the subjects of the record to respond before making a
3199 finding on the petition.
3200 (5) A record of a proceeding may not be released under this section if the juvenile
3201 court's jurisdiction over the subjects of the proceeding ended more than 12 months before the
3202 day on which the request is made.
3203 Section 60. Section 80-3-107 is enacted to read:
3204 80-3-107. Disclosure of records -- Record sharing.
3205 (1) (a) Except as provided in Subsections (1)(c) through (e), in an abuse, neglect, or
3206 dependency proceeding occurring after the commencement of a shelter hearing under Section
3207 80-3-301, or the filing of an abuse, neglect, or dependency petition, each party to the
3208 proceeding shall provide in writing to any other party or the other party's counsel any
3209 information that the party:
3210 (i) plans to report to the juvenile court at the proceeding; or
3211 (ii) could reasonably expect would be requested of the party by the juvenile court at the
3212 proceeding.
3213 (b) A party providing the disclosure required under Subsection (1)(a) shall make the
3214 disclosure:
3215 (i) for a dispositional hearing under Part 4, Adjudication and Disposition, no less than
3216 five days before the day on which the dispositional hearing is held; and
3217 (ii) for all other proceedings, no less than five days before the day on which the
3218 proceeding is held.
3219 (c) The division is not required to provide a court report or a child and family plan
3220 described in Section 62A-4a-205 to each party to the proceeding if:
3221 (i) the information is electronically filed with the juvenile court; and
3222 (ii) each party to the proceeding has access to the electronically filed information.
3223 (d) If a party to a proceeding obtains information after the deadline described in
3224 Subsection (1)(b), the information is exempt from the disclosure required under Subsection
3225 (1)(a) if the party certifies to the juvenile court that the information was obtained after the
3226 deadline.
3227 (e) Subsection (1)(a) does not apply to:
3228 (i) pretrial hearings; and
3229 (ii) the frequent, periodic review hearings held in a dependency drug court case to
3230 assess and promote the parent's progress in substance use disorder treatment.
3231 (2) (a) Except as provided in Subsection (2)(b), and notwithstanding any other
3232 provision of law:
3233 (i) counsel for all parties to the action shall be given access to all records, maintained
3234 by the division or any other state or local public agency, that are relevant to the abuse, neglect,
3235 or dependency proceeding under this chapter; and
3236 (ii) if the natural parent of a child is not represented by counsel, the natural parent shall
3237 have access to the records described in Subsection (2)(a)(i).
3238 (b) The disclosures described in Subsection (2)(a) are not required if:
3239 (i) subject to Subsection (2)(c), the division or other state or local public agency did not
3240 originally create the record being requested;
3241 (ii) disclosure of the record would jeopardize the life or physical safety of a child who
3242 has been a victim of abuse or neglect, or any individual who provided substitute care for the
3243 child;
3244 (iii) disclosure of the record would jeopardize the anonymity of the individual making
3245 the initial report of abuse or neglect or any others involved in the subsequent investigation;
3246 (iv) disclosure of the record would jeopardize the life or physical safety of an
3247 individual who has been a victim of domestic violence;
3248 (v) the record is a report maintained in the Management Information System, for which
3249 a finding of unsubstantiated, unsupported, or without merit has been made, unless the
3250 individual requesting the information is the alleged perpetrator in the report or counsel for the
3251 alleged perpetrator in the report; or
3252 (vi) the record is a Children's Justice Center interview, including a video or audio
3253 recording, and a transcript of the recording, the release of which is governed by Section
3254 77-37-4.
3255 (c) If a disclosure is denied under Subsection (2)(b)(i), the division shall inform the
3256 individual making the request:
3257 (i) of the existence of all records in the possession of the division or any other state or
3258 local public agency;
3259 (ii) of the name and address of the individual or agency that originally created the
3260 record; and
3261 (iii) that the individual making the request must seek access to the record from the
3262 individual or agency that originally created the record.
3263 Section 61. Section 80-3-108, which is renumbered from Section 78A-6-305 is
3264 renumbered and amended to read:
3265 [
3266 court -- Consideration of minor's statement outside of court.
3267 (1) [
3268 (a) a dispositional hearing;
3269 (b) a permanency hearing; or
3270 (c) a review hearing, except a drug court review hearing.
3271 (2) A minor shall be present at any postadjudication hearing in a case relating to the
3272 abuse, neglect, or dependency of the minor, unless the juvenile court determines that:
3273 (a) requiring the minor to be present at the postadjudication hearing would be
3274 detrimental to the minor or impractical; or
3275 (b) the minor is not sufficiently mature to articulate the minor's wishes in relation to the
3276 hearing.
3277 (3) A juvenile court may, in the juvenile court's discretion, order that a minor described
3278 in Subsection (2) be present at a hearing that is not a postadjudication hearing.
3279 (4) (a) Except as provided in Subsection (4)(b), at any hearing in a case relating to the
3280 abuse, neglect, or dependency of a minor, when the minor is present at the hearing, the juvenile
3281 court shall:
3282 (i) ask the minor whether the minor desires the opportunity to address the juvenile
3283 court or testify; and
3284 (ii) if the minor desires an opportunity to address the juvenile court or testify, allow the
3285 minor to address the juvenile court or testify.
3286 (b) Subsection (4)(a) does not apply if the juvenile court determines that:
3287 (i) it would be detrimental to the minor to comply with Subsection (4)(a); or
3288 (ii) the minor is not sufficiently mature to articulate the minor's wishes in relation to
3289 the hearing.
3290 (c) Subject to applicable court rules, the juvenile court may allow the minor to address
3291 the court in camera.
3292 (d) If a minor 14 years [
3293 juvenile court or testify, the juvenile court shall give the minor's desires added weight, but may
3294 not treat the minor's desires as the single controlling factor in a postadjudication hearing or
3295 other hearing described in Subsection (3).
3296 (e) For the purpose of establishing the fact of abuse, neglect, or dependency, the
3297 juvenile court may, in the juvenile court's discretion, consider evidence of statements made by
3298 a child under eight years old to an individual in a trust relationship.
3299 (5) [
3300 being present at a hearing that the minor is not required to be at [
3301 court order, unless the juvenile court orders otherwise.
3302 Section 62. Section 80-3-109, which is renumbered from Section 78A-6-324 is
3303 renumbered and amended to read:
3304 [
3305 proceedings -- Division duties.
3306 [
3307
3308
3309 (1) In a proceeding under this chapter, the juvenile court:
3310 (a) may appoint any mental health therapist, as defined in Section 58-60-102, [
3311 who the juvenile court finds to be qualified[
3312 (i) evaluate the mental health of a minor or provide mental health services to the minor;
3313 or
3314 (ii) after notice and a hearing set for the specific purpose, evaluate the mental health of
3315 the minor's parent or guardian or provide mental health services to the parent or guardian if the
3316 juvenile court finds from the evidence presented at the hearing that the parent's or guardian's
3317 mental or emotional condition may be a factor in causing the abuse, neglect, or dependency of
3318 the minor; or
3319 (b) may appoint a physician or a physician assistant who the juvenile court finds to be
3320 qualified to:
3321 (i) physically examine the minor; or
3322 (ii) after notice and a hearing set for the specific purpose, physically examine the
3323 minor's parent or guardian if the juvenile court finds from the evidence presented at the hearing
3324 that the parent's or guardian's physical condition may be a factor in causing the abuse, neglect,
3325 or dependency of the minor.
3326 [
3327 Subsection (1) for the reason that the therapist's recommendations in another case [
3328
3329 division.
3330 [
3331 (3) The division shall, with regard to a minor in the division's custody:
3332 (a) take reasonable measures to notify a minor's parent or guardian of any
3333 non-emergency health treatment or care scheduled for a minor;
3334 (b) include the minor's parent or guardian as fully as possible in making health care
3335 decisions for the minor;
3336 (c) defer to the minor's parent's or guardian's reasonable and informed decisions
3337 regarding the minor's health care to the extent that the minor's health and well-being are not
3338 unreasonably compromised by the parent's or guardian's decision; and
3339 (d) notify the minor's parent or guardian within five business days after the day on
3340 which the minor receives emergency health care or treatment.
3341 (4) An examination conducted in accordance with Subsection (1) is not a privileged
3342 communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general
3343 rule of privilege.
3344 (5) Subsection (1) applies to a proceeding under this chapter involving:
3345 (a) parents and minors; or
3346 (b) the [
3347 Section 63. Section 80-3-110, which is renumbered from Section 78A-6-115 is
3348 renumbered and amended to read:
3349 [
3350 [
3351
3352
3353 [
3354 [
3355
3356
3357 [
3358
3359 [
3360
3361
3362 [
3363
3364 [
3365
3366 [
3367
3368 [
3369
3370
3371 [
3372
3373
3374 [
3375
3376
3377 [
3378 [
3379 [
3380
3381
3382
3383 [
3384
3385
3386
3387
3388
3389
3390 [
3391
3392
3393
3394
3395 [
3396
3397
3398
3399 [
3400 [
3401
3402 [
3403 [
3404
3405 [
3406
3407 [
3408
3409 [
3410
3411 [
3412 [
3413 [
3414
3415
3416 [
3417 [
3418 [
3419
3420 [
3421
3422
3423 [
3424 [
3425 [
3426 26-61a-102.
3427 [
3428 [
3429 [
3430 26-61a-102.
3431 [
3432 26-61a-102.
3433 [
3434 26-61a-102.
3435 [
3436 Section 26-61a-102.
3437 [
3438 Section 26-61a-102.
3439 [
3440 the juvenile court makes a finding, determination, or otherwise considers an individual's
3441 possession or use of medical cannabis, a cannabis product, or a medical cannabis device, the
3442 juvenile court may not consider or treat the individual's possession or use any differently than
3443 the lawful possession or use of any prescribed controlled substance if:
3444 [
3445 Production Establishments;
3446 [
3447 (3); or
3448 [
3449 Utah Medical Cannabis Act; and
3450 [
3451 guidelines determined by the individual's qualified medical provider or through a consultation
3452 described in Subsection 26-61a-502(4) or (5).
3453 [
3454 or guardian's use of cannabis or a cannabis product is not abuse or neglect of [
3455 [
3456 [
3457 or because of cannabis being introduced to the child's body in another manner; or
3458 [
3459 ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner.
3460 [
3461 in Subsection [
3462 guardian's use of medical cannabis or a cannabis product is not contrary to the best interests of
3463 [
3464 [
3465 guardian's possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act,
3466 and there is no evidence that the parent's or guardian's use of medical cannabis unreasonably
3467 deviates from the directions of use and dosing guidelines determined by the parent's or
3468 guardian's qualified medical provider or through a consultation described in Subsection
3469 26-61a-502(4) or (5); or
3470 [
3471 with Subsection 58-37-3.7(2) or (3).
3472 [
3473 child [
3474 parent's or guardian's use of medical cannabis or a cannabis product is contrary to the best
3475 interests of a child, if there is evidence showing a nexus between the parent's or guardian's use
3476 of cannabis or a cannabis product and behavior that would separately constitute abuse or
3477 neglect of the child.
3478 Section 64. Section 80-3-201, which is renumbered from Section 78A-6-304 is
3479 renumbered and amended to read:
3480
3481 [
3482 Notice.
3483 [
3484
3485 [
3486 [
3487 [
3488 [
3489 neglect, or dependency petition.
3490 [
3491 division before the person files [
3492 [
3493
3494
3495 [
3496 [
3497
3498 [
3499
3500 [
3501
3502 [
3503
3504 [
3505
3506
3507
3508 (3) If a child who is the subject of an abuse, neglect, or dependency petition is removed
3509 from the child's home by the division, the petition shall be filed on or before the day on which
3510 the initial shelter hearing described in Section 80-3-301 is held.
3511 (4) An abuse, neglect, or dependency petition shall include:
3512 (a) a concise statement of facts, separately stated, to support the conclusion that the
3513 child upon whose behalf the abuse, neglect, or dependency petition is brought is abused,
3514 neglected, or dependent; and
3515 (b) a statement regarding whether the child is in protective custody, and if so, the date
3516 and precise time the child was taken into protective custody.
3517 (5) (a) Upon the filing of an abuse, neglect, or dependency petition, the petitioner shall
3518 serve the petition and notice on:
3519 (i) the guardian ad litem;
3520 (ii) both parents and any guardian of the child; and
3521 (iii) the child's foster parents.
3522 (b) The notice described in Subsection (5) shall contain all of the following:
3523 (i) the name and address of the person to whom the notice is directed;
3524 (ii) the date, time, and place of the hearing on the petition;
3525 (iii) the name of the child on whose behalf the petition is brought;
3526 (iv) a statement that the parent or guardian to whom notice is given, and the child, are
3527 entitled to have an attorney present at the hearing on the petition, and that if the parent or
3528 guardian is indigent and cannot afford an attorney, and desires to be represented by an attorney,
3529 one will be provided; and
3530 (v) a statement that the parent or legal guardian is liable for the cost of support of the
3531 child in the protective custody, temporary custody, and custody of the division, and for legal
3532 counsel appointed for the parent or guardian under Subsection (5)(b)(iv), according to the
3533 parent's or guardian's financial ability.
3534 (6) The petitioner shall serve the abuse, neglect, or dependency petition and notice
3535 under this section on all individuals described in Subsection (5)(a) as soon as possible after the
3536 petition is filed and at least five days before the day on which the hearing is set.
3537 (7) The juvenile court may dismiss an abuse, neglect, or dependency petition at any
3538 stage of the proceedings.
3539 (8) If an abuse, neglect, or dependency petition includes an allegation of educational
3540 neglect, Sections 53G-6-210 and 53G-6-211 are applicable to the proceedings under this
3541 chapter.
3542 Section 65. Section 80-3-202, which is renumbered from Section 78A-6-107 is
3543 renumbered and amended to read:
3544 [
3545 [
3546
3547 [
3548 [
3549 [
3550 [
3551 the attorney general shall file the abuse, neglect, or dependency petition within 72 hours [
3552 after the completion of the division's investigation and request, excluding weekends and
3553 holidays, if:
3554 (a) the child who is the subject of the requested abuse, neglect, or dependency petition
3555 is not removed from the child's home by the division; and
3556 (b) without an expedited hearing and services ordered under the protective supervision
3557 of the juvenile court, the child will likely be taken into protective custody.
3558 [
3559 adjudication hearings on [
3560 (a) the child who is the subject of the petition is not in:
3561 (i) protective custody; or
3562 (ii) temporary custody; and
3563 (b) the division indicates in the petition that, without expedited hearings and services
3564 ordered under the protective supervision of the court, the child will likely be taken into
3565 protective custody.
3566 Section 66. Section 80-3-203 is enacted to read:
3567 80-3-203. Expedited hearing for temporary custody.
3568 (1) After an abuse, neglect, or dependency petition is filed, the juvenile court may
3569 make an order:
3570 (a) providing for temporary custody of the child who is the subject of the petition; or
3571 (b) that the division provide protective services to the child who is the subject of the
3572 petition if the juvenile court determines that:
3573 (i) the child is at risk of being removed from the child's home due to abuse or neglect;
3574 and
3575 (ii) the provision of protective services may make the removal described in Subsection
3576 (1)(b)(i) unnecessary.
3577 (2) (a) The juvenile court shall hold an expedited hearing to determine whether a child
3578 should be placed in temporary custody if:
3579 (i) a person files an abuse, neglect, or dependency petition;
3580 (ii) a party to the proceeding files a motion for expedited placement in temporary
3581 custody; and
3582 (iii) notice of the hearing described in this Subsection (1)(a) is served consistent with
3583 the requirements for notice of a shelter hearing under Section 80-3-301.
3584 (b) The hearing described in Subsection (2)(a):
3585 (i) shall be held within 72 hours, excluding weekends and holidays, after the time in
3586 which the motion described in Subsection (2)(a)(ii) is filed; and
3587 (ii) shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of
3588 Juvenile Procedure, Rule 13.
3589 (3) (a) The hearing and notice described in Subsection (1) are subject to:
3590 (i) Section 80-3-301;
3591 (ii) Section 80-3-302; and
3592 (iii) the Utah Rules of Juvenile Procedure.
3593 (b) After the hearing described in Subsection (1), the juvenile court may order a child
3594 placed in the temporary custody of the division.
3595 Section 67. Section 80-3-204, which is renumbered from Section 78A-6-302 is
3596 renumbered and amended to read:
3597 [
3598 -- Grounds.
3599 (1) When [
3600
3601 and alternatives available to accomplish a compelling state interest and to prevent irretrievable
3602 destruction of family life as described in Subsections 62A-4a-201(1) and (7)(a) and Section
3603 [
3604 (2) After [
3605 dependency petition is filed, if the child who is the subject of the petition is not in [
3606 protective custody [
3607 the child's home or otherwise taken into protective custody if the juvenile court finds, by a
3608 preponderance of the evidence, that any one or more of the following circumstances exist:
3609 (a) (i) there is an imminent danger to the physical health or safety of the child; and
3610 (ii) the child's physical health or safety may not be protected without removing the
3611 child from the custody of the child's parent or guardian;
3612 (b) (i) a parent or guardian engages in or threatens the child with unreasonable conduct
3613 that causes the child to suffer harm; and
3614 (ii) there are no less restrictive means available by which the child's emotional health
3615 may be protected without removing the child from the custody of the child's parent or guardian;
3616 (c) the child or another child residing in the same household has been, or is considered
3617 to be at substantial risk of being, physically abused, sexually abused, or sexually exploited, by a
3618 parent or guardian, a member of the parent's or guardian's household, or other [
3619 individual known to the parent or guardian;
3620 (d) the parent or guardian is unwilling to have physical custody of the child;
3621 (e) the child is abandoned or left without any provision for the child's support;
3622 (f) a parent or guardian who has been incarcerated or institutionalized has not arranged
3623 or cannot arrange for safe and appropriate care for the child;
3624 (g) (i) a relative or other adult custodian with whom the child is left by the parent or
3625 guardian is unwilling or unable to provide care or support for the child;
3626 (ii) the whereabouts of the parent or guardian are unknown; and
3627 (iii) reasonable efforts to locate the parent or guardian are unsuccessful;
3628 (h) subject to [
3629 [
3630 immediate need of medical care;
3631 (i) (i) a parent's or guardian's actions, omissions, or habitual action create an
3632 environment that poses a serious risk to the child's health or safety for which immediate
3633 remedial or preventive action is necessary; or
3634 (ii) a parent's or guardian's action in leaving a child unattended would reasonably pose
3635 a threat to the child's health or safety;
3636 (j) the child or another child residing in the same household has been neglected;
3637 (k) the child's natural parent:
3638 (i) intentionally, knowingly, or recklessly causes the death of another parent of the
3639 child;
3640 (ii) is identified by a law enforcement agency as the primary suspect in an investigation
3641 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
3642 (iii) is being prosecuted for or has been convicted of intentionally, knowingly, or
3643 recklessly causing the death of another parent of the child;
3644 (l) an infant has been abandoned, as defined in Section [
3645 (m) (i) the parent or guardian, or an adult residing in the same household as the parent
3646 or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab
3647 Act; and
3648 (ii) any clandestine laboratory operation was located in the residence or on the property
3649 where the child resided; or
3650 (n) the child's welfare is otherwise endangered.
3651 (3) (a) For purposes of Subsection (2)(a), if a child has previously been adjudicated as
3652 abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or dependency
3653 occurs involving the same substantiated abuser or under similar circumstance as the previous
3654 abuse, that fact [
3655 custody of the child's parent.
3656 (b) For purposes of Subsection (2)(c):
3657 (i) another child residing in the same household may not be removed from the home
3658 unless that child is considered to be at substantial risk of being physically abused, sexually
3659 abused, or sexually exploited as described in Subsection (2)(c) or Subsection (3)(b)(ii); and
3660 (ii) if a parent or guardian has received actual notice that physical abuse, sexual abuse,
3661 or sexual exploitation by [
3662 is evidence that the parent or guardian failed to protect the child, after having received the
3663 notice, by allowing the child to be in the physical presence of the alleged abuser, that fact
3664 [
3665 abused, sexually abused, or sexually exploited.
3666 (4) (a) For purposes of Subsection (2), if the division files [
3667 dependency petition [
3668 safety and risk assessments described in Section 62A-4a-203.1 to determine whether a child
3669 should be removed from the custody of the child's parent or guardian or should otherwise be
3670 taken into protective custody.
3671 (b) The division shall make a diligent effort to provide the safety and risk assessments
3672 described in Section 62A-4a-203.1 to the juvenile court, guardian ad litem, and counsel for the
3673 parent or guardian, as soon as practicable before the shelter hearing described in Section
3674 [
3675 (5) In the absence of one of the factors described in Subsection (2), a juvenile court
3676 may not remove a child from the parent's or guardian's custody on the basis of:
3677 (a) educational neglect, truancy, or failure to comply with a court order to attend
3678 school;
3679 (b) mental illness or poverty of the parent or guardian; [
3680 (c) disability of the parent or guardian, as defined in Section 57-21-2[
3681 (d) the possession or use, in accordance with Title 26, Chapter 61a, Utah Medical
3682 Cannabis Act, of cannabis in a medicinal dosage form, a cannabis product in a medicinal
3683 dosage form, or a medical cannabis device, as those terms are defined in Section 26-61a-102.
3684 (6) A child removed from the custody of the child's parent or guardian under this
3685 section may not be placed or kept in [
3686
3687
3688 Chapter 6, Part 2, Custody and Detention.
3689 (7) This section does not preclude removal of a child from the child's home without a
3690 warrant or court order under Section 62A-4a-202.1.
3691 (8) (a) Except as provided in Subsection (8)(b), [
3692
3693 custody of the child's parent or guardian on the sole or primary basis that the parent or guardian
3694 refuses to consent to:
3695 (i) the administration of a psychotropic medication to a child;
3696 (ii) a psychiatric, psychological, or behavioral treatment for a child; or
3697 (iii) a psychiatric or behavioral health evaluation of a child.
3698 (b) Notwithstanding Subsection (8)(a), [
3699
3700 otherwise be prohibited under Subsection (8)(a) if failure to take an action described under
3701 Subsection (8)(a) would present a serious, imminent risk to the child's physical safety or the
3702 physical safety of others.
3703 Section 68. Section 80-3-205, which is renumbered from Section 78A-6-322 is
3704 renumbered and amended to read:
3705 [
3706 (1) In each case where an information or indictment [
3707 defendant concerning abuse, neglect, or dependency of a child, and a petition [
3708 in juvenile court concerning the victim, the appropriate county attorney's or district attorney's
3709 office shall coordinate with the attorney general's office.
3710 (2) Law enforcement personnel, [
3711 personnel, the appointed guardian ad litem, pretrial services personnel, and corrections
3712 personnel shall make reasonable efforts to facilitate the coordination required [
3713 section.
3714 (3) [
3715
3716 [
3717 (4) [
3718
3719 office, [
3720 litem, pretrial services personnel, and corrections personnel as appropriate under this section.
3721 Section 69. Section 80-3-206 is enacted to read:
3722 80-3-206. Mediation.
3723 If an abuse, neglect, or dependency petition is filed, or if a matter is referred to the
3724 juvenile court under Subsection 78A-6-104(1)(c), the juvenile court may require the parties to
3725 participate in mediation in accordance with Title 78B, Chapter 6, Part 2, Alternative Dispute
3726 Resolution Act.
3727 Section 70. Section 80-3-207 is enacted to read:
3728 80-3-207. Modification of petition -- Continuance.
3729 (1) When it appears in a proceeding under this chapter that evidence presented points
3730 to material facts not alleged in the abuse, neglect, or dependency petition, the juvenile court
3731 may consider the additional or different matters raised by the evidence if the parties consent.
3732 (2) The juvenile court on motion of any interested party, or on the juvenile court's own
3733 motion, shall direct that the abuse, neglect, or dependency petition be amended to conform to
3734 the evidence described in Subsection (1).
3735 (3) If the amendment described in Subsection (2) results in a substantial departure from
3736 the facts originally alleged in the abuse, neglect, or dependency petition, the juvenile court shall
3737 grant a continuance as justice may require in accordance with Utah Rules of Juvenile
3738 Procedure, Rule 54.
3739 Section 71. Section 80-3-301, which is renumbered from Section 78A-6-306 is
3740 renumbered and amended to read:
3741
3742 [
3743 (1) A juvenile court shall hold a shelter hearing [
3744 temporary custody of a child within 72 hours, excluding weekends and holidays, after any one
3745 or all of the following occur:
3746 (a) removal of the child from the child's home by the division;
3747 (b) placement of the child in [
3748 (c) emergency placement under Subsection 62A-4a-202.1[
3749 (d) as an alternative to removal of the child, a parent enters a domestic violence shelter
3750 at the request of the division; or
3751 [
3752
3753 (e) a motion for expedited placement in temporary custody is filed under Section
3754 80-3-203.
3755 (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
3756 division shall issue a notice that contains all of the following:
3757 (a) the name and address of the [
3758 (b) the date, time, and place of the shelter hearing;
3759 (c) the name of the child on whose behalf [
3760 is [
3761 (d) a concise statement regarding:
3762 (i) the reasons for removal or other action of the division under Subsection (1); and
3763 (ii) the allegations and code sections under which the proceeding [
3764 instituted;
3765 (e) a statement that the parent or guardian to whom notice is given, and the child, are
3766 entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
3767 [
3768 an attorney, one will be provided in accordance with Title 78B, Chapter 22, Indigent Defense
3769 Act; and
3770 (f) a statement that the parent or guardian is liable for the cost of support of the child in
3771 the protective custody, temporary custody, and custody of the division, and the cost for legal
3772 counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
3773 ability of the parent or guardian.
3774 (3) The notice described in Subsection (2) shall be personally served as soon as
3775 possible, but no later than one business day after [
3776 removed from the child's home, or the [
3777
3778 placement in temporary custody under Section 80-3-203 is filed, on:
3779 (a) the appropriate guardian ad litem; and
3780 (b) both parents and any guardian of the child, unless the parents or guardians cannot
3781 be located.
3782 (4) [
3783 be present at the shelter hearing:
3784 (a) the child, unless it would be detrimental for the child;
3785 (b) the child's parents or guardian, unless the parents or guardian cannot be located, or
3786 fail to appear in response to the notice;
3787 (c) counsel for the parents, if one is requested;
3788 (d) the child's guardian ad litem;
3789 (e) the [
3790 case; and
3791 (f) the attorney from the attorney general's office who is representing the division.
3792 (5) (a) At the shelter hearing, the juvenile court shall:
3793 (i) provide an opportunity to provide relevant testimony to:
3794 (A) the child's parent or guardian, if present; and
3795 (B) any other [
3796 (ii) subject to Section [
3797 testify; and
3798 (iii) in accordance with Subsections [
3799 grant preferential consideration to a relative or friend for the temporary placement of the child.
3800 (b) The juvenile court:
3801 (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
3802 Procedure;
3803 (ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
3804 the requesting party, or [
3805 (iii) may in [
3806 which goes to the issues of removal and the child's need for continued protection.
3807 (6) If the child is in [
3808 to the juvenile court:
3809 (a) the reason why the child was removed from the parent's or guardian's custody;
3810 (b) any services provided to the child and the child's family in an effort to prevent
3811 removal;
3812 (c) the need, if any, for continued shelter;
3813 (d) the available services that could facilitate the return of the child to the custody of
3814 the child's parent or guardian; and
3815 (e) subject to Subsections [
3816 relatives of the child or friends of the child's parents may be able and willing to accept
3817 temporary placement of the child.
3818 (7) The juvenile court shall consider all relevant evidence provided by [
3819
3820 section.
3821 (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
3822 cause shown, the juvenile court may grant no more than one continuance, not to exceed five
3823 judicial days.
3824 (b) A juvenile court shall honor, as nearly as practicable, the request by a parent or
3825 guardian for a continuance under Subsection (8)(a).
3826 (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
3827 described in Subsection (2) within the time described in Subsection (3), the juvenile court may
3828 grant the request of a parent or guardian for a continuance, not to exceed five judicial days.
3829 (9) (a) If the child is in [
3830 shall order that the child be returned to the custody of the parent or guardian unless [
3831 juvenile court finds, by a preponderance of the evidence, consistent with the protections and
3832 requirements provided in Subsection 62A-4a-201(1), that any one of the following exists:
3833 (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
3834 safety of the child and the child's physical health or safety may not be protected without
3835 removing the child from the custody of the child's parent;
3836 (ii) (A) the child is suffering emotional damage that results in a serious impairment in
3837 the child's growth, development, behavior, or psychological functioning;
3838 (B) the parent or guardian is unwilling or unable to make reasonable changes that
3839 would sufficiently prevent future damage; and
3840 (C) there are no reasonable means available by which the child's emotional health may
3841 be protected without removing the child from the custody of the child's parent or guardian;
3842 (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
3843 not removed from the custody of the child's parent or guardian;
3844 (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
3845 household has been, or is considered to be at substantial risk of being, physically abused,
3846 sexually abused, or sexually exploited by [
3847 (A) a parent or guardian;
3848 (B) a member of the parent's household or the guardian's household; or
3849 (C) [
3850 (v) the parent or guardian is unwilling to have physical custody of the child;
3851 (vi) the child is without any provision for the child's support;
3852 (vii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe
3853 and appropriate care for the child;
3854 (viii) (A) a relative or other adult custodian with whom the child is left by the parent or
3855 guardian is unwilling or unable to provide care or support for the child;
3856 (B) the whereabouts of the parent or guardian are unknown; and
3857 (C) reasonable efforts to locate the parent or guardian are unsuccessful;
3858 [
3859
3860 (ix) subject to Subsection 80-1-102(51)(b) and Sections 80-3-109 and 80-3-304, the
3861 child is in immediate need of medical care;
3862 (x) (A) the physical environment or the fact that the child is left unattended beyond a
3863 reasonable period of time poses a threat to the child's health or safety; and
3864 (B) the parent or guardian is unwilling or unable to make reasonable changes that
3865 would remove the threat;
3866 (xi) (A) the child or a minor residing in the same household has been neglected; and
3867 (B) the parent or guardian is unwilling or unable to make reasonable changes that
3868 would prevent the neglect;
3869 (xii) the parent, guardian, or an adult residing in the same household as the parent or
3870 guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act,
3871 and any clandestine laboratory operation was located in the residence or on the property where
3872 the child resided;
3873 (xiii) (A) the child's welfare is substantially endangered; and
3874 (B) the parent or guardian is unwilling or unable to make reasonable changes that
3875 would remove the danger; or
3876 (xiv) the child's natural parent:
3877 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
3878 child;
3879 (B) is identified by a law enforcement agency as the primary suspect in an investigation
3880 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
3881 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
3882 recklessly causing the death of another parent of the child.
3883 (b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
3884 established if:
3885 (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
3886 involving the parent; and
3887 (B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
3888 (ii) For purposes of Subsection (9)(a)(iv), if the juvenile court finds that the parent
3889 knowingly allowed the child to be in the physical care of [
3890 parent received actual notice that the [
3891 sexually exploited the child, that fact [
3892 substantial risk that the child will be physically abused, sexually abused, or sexually exploited.
3893 (10) (a) (i) The juvenile court shall [
3894 whether reasonable efforts were made to prevent or eliminate the need for removal of the child
3895 from the child's home and whether there are available services that would prevent the need for
3896 continued removal.
3897 (ii) If the juvenile court finds that the child can be safely returned to the custody of the
3898 child's parent or guardian through the provision of [
3899 (10)(a)(i), the juvenile court shall place the child with the child's parent or guardian and order
3900 that [
3901 (b) In accordance with federal law, the juvenile court shall consider the child's health,
3902 safety, and welfare as the paramount concern when making the determination described in
3903 Subsection (10)(a), and in ordering and providing the services[
3904
3905 Subsection (10)(a).
3906 (11) Where the division's first contact with the family occurred during an emergency
3907 situation in which the child could not safely remain at home, the juvenile court shall make a
3908 finding that any lack of preplacement preventive efforts, as described in Section 62A-4a-203,
3909 was appropriate.
3910 (12) In cases where [
3911 abuse, or severe neglect are involved, [
3912 and the division do not have any duty to make [
3913 attempt to maintain a child in the child's home, return a child to the child's home, provide
3914 reunification services, or attempt to rehabilitate the offending parent or parents.
3915 (13) The juvenile court may not order continued removal of a child solely on the basis
3916 of educational neglect [
3917 court order to attend school.
3918 (14) (a) Whenever a juvenile court orders continued removal of a child under this
3919 section, the juvenile court shall state the facts on which [
3920 (b) If no continued removal is ordered and the child is returned home, the juvenile
3921 court shall state the facts on which [
3922 (15) If the juvenile court finds that continued removal and temporary custody are
3923 necessary for the protection of a child [
3924 shall order continued removal regardless of:
3925 (a) any error in the initial removal of the child;
3926 (b) the failure of a party to comply with notice provisions; or
3927 (c) any other procedural requirement of this chapter or Title 62A, Chapter 4a, Child
3928 and Family Services.
3929 Section 72. Section 80-3-302, which is renumbered from Section 78A-6-307 is
3930 renumbered and amended to read:
3931 [
3932 [
3933 [
3934 [
3935 [
3936 [
3937 (1) As used in this section:
3938 (a) "Natural parent," notwithstanding Section 80-1-102, means:
3939 [
3940 [
3941 [
3942 [
3943 conceived or born; or
3944 [
3945 removal of the child or voluntary surrender of the child by the custodial parent.
3946 [
3947 "Natural parent" includes the individuals described in Subsection (1)(a) regardless of whether
3948 the child has been or will be placed with adoptive parents or whether adoption has been or will
3949 be considered as a long-term goal for the child.
3950 [
3951 [
3952
3953 [
3954 [
3955 [
3956
3957
3958 (2) (a) At the shelter hearing, when the juvenile court orders that a child be removed
3959 from the custody of the child's parent in accordance with the requirements of Section
3960 [
3961 parent with whom the child was not residing at the time the events or conditions that brought
3962 the child within the juvenile court's jurisdiction occurred, who desires to assume custody of the
3963 child.
3964 (b) [
3965 Subsection (2)(a), the juvenile court shall place the child with that parent unless the juvenile
3966 court finds that the placement would be unsafe or otherwise detrimental to the child.
3967 [
3968 [
3969 (i) shall make a specific finding regarding the fitness of the parent described in
3970 Subsection (2)(b) to assume custody, and the safety and appropriateness of the placement[
3971 (ii) [
3972 comply with the criminal background check provisions described in Section [
3973 80-3-305, and check the division's management information system for any previous reports of
3974 abuse or neglect received by the division regarding the parent at issue[
3975 (iii) [
3976 the safety and appropriateness of the placement[
3977 [
3978 [
3979 pending the juvenile court's determination regarding [
3980 (d) The division shall report the division's findings from an investigation regarding the
3981 child in writing to the juvenile court.
3982 (3) If the juvenile court orders placement with a parent under Subsection (2):
3983 (a) the child and the parent are under the continuing jurisdiction of the juvenile court;
3984 (b) the juvenile court may order:
3985 (i) that the parent [
3986 court; and
3987 (ii) that services be provided to the parent from whose custody the child was removed,
3988 the parent who has assumed custody, or both; and
3989 (c) the juvenile court shall order reasonable parent-time with the parent from whose
3990 custody the child was removed, unless parent-time is not in the best interest of the child.
3991 (4) The juvenile court shall periodically review an order described in Subsection (3) to
3992 determine whether:
3993 (a) placement with the parent continues to be in the child's best interest;
3994 (b) the child should be returned to the original custodial parent;
3995 (c) the child should be placed [
3996 Subsections (7) through [
3997 (d) the child should be placed in the temporary custody of the division.
3998 (5) The time limitations described in Section [
3999 reunification efforts apply to children placed with a previously noncustodial parent [
4000
4001 (6) (a) Legal custody of the child is not affected by an order entered under Subsection
4002 (2) or (3).
4003 (b) To affect a previous court order regarding legal custody, the party shall petition
4004 [
4005 (7) [
4006 removed from the custody of the child's parent and is not placed in the custody of the child's
4007 other parent, the juvenile court:
4008 (a) shall, at that time, determine whether[
4009 there is a relative or a friend who is able and willing to care for the child, which may include
4010 asking a child, who is of sufficient maturity to articulate the child's wishes in relation to a
4011 placement, if there is a relative or friend with whom the child would prefer to reside;
4012 (b) may order the division to conduct a reasonable search to determine whether[
4013
4014 appropriate, in accordance with the requirements of this [
4015 4a, Part 2, Child Welfare Services, for placement of the child;
4016 (c) shall order the parents to cooperate with the division, within five working days, to[
4017
4018 who may be able and willing to care for the child; and
4019 (d) may order that the child be placed in the temporary custody of the division pending
4020 the determination under Subsection (7)(a).
4021 [
4022
4023 [
4024 consideration shall be given to a relative's or a friend's request for placement of the child, if [
4025 the placement is in the best interest of the child, and the provisions of this section are satisfied.
4026 (b) (i) The preferential consideration that a relative or friend is initially granted under
4027 Subsection (8)(a) expires 120 days after the day on which the shelter hearing occurs.
4028 (ii) After the day on which the time period described in Subsection (8)(b)(i) expires, a
4029 relative or friend, who has not obtained custody or asserted an interest in a child, may not be
4030 granted preferential consideration by the division or the juvenile court.
4031 (c) (i) The preferential consideration that a natural parent is initially granted under
4032 Subsection (2) is limited after 120 days after the day on which the shelter hearing occurs.
4033 (ii) After the time period described in Subsection (8)(c)(i), the juvenile court shall base
4034 the juvenile court's custody decision on the best interest of the child.
4035 (iii) Before the day on which the time period described in Subsection (8)(c)(i) expires,
4036 the following order of preference shall be applied when determining the individual with whom
4037 a child will be placed, provided that the individual is willing and able to care for the child:
4038 (A) a noncustodial parent of the child;
4039 (B) a relative of the child;
4040 (C) subject to Subsection (8)(d), a friend if the friend is a licensed foster parent; and
4041 (D) other placements that are consistent with the requirements of law.
4042 (d) In determining whether a friend is a willing, able, and appropriate placement for a
4043 child, the juvenile court or the division:
4044 (i) subject to Subsections (8)(d)(ii) through (iv), shall consider the child's preferences
4045 or level of comfort with the friend;
4046 (ii) is required to consider no more than one friend designated by each parent of the
4047 child and one friend designated by the child if the child is of sufficient maturity to articulate the
4048 child's wishes in relation to a placement;
4049 (iii) may limit the number of designated friends to two, one of whom shall be a friend
4050 designated by the child if the child is of sufficient maturity to articulate the child's wishes in
4051 relation to a placement; and
4052 (iv) shall give preference to a friend designated by the child if:
4053 (A) the child is of sufficient maturity to articulate the child's wishes; and
4054 (B) the basis for removing the child under Section 80-3-301 is sexual abuse of the
4055 child.
4056 (e) (i) If a parent of the child or the child, if the child is of sufficient maturity to
4057 articulate the child's wishes in relation to a placement, is not able to designate a friend who is a
4058 licensed foster parent for placement of the child, but is able to identify a friend who is willing
4059 to become licensed as a foster parent, the department shall fully cooperate to expedite the
4060 licensing process for the friend.
4061 (ii) If the friend described in Subsection (8)(e)(i) becomes licensed as a foster parent
4062 within the time frame described in Subsection (8)(b), the juvenile court shall determine
4063 whether it is in the best interest of the child to place the child with the friend.
4064 [
4065 permanency goal is identified under Subsection (7)(a), the juvenile court shall make a specific
4066 finding regarding:
4067 (i) the fitness of that relative or friend as a placement for the child; and
4068 (ii) the safety and appropriateness of placement with [
4069 [
4070
4071 [
4072 court shall, at a minimum, order the division to:
4073 (i) if the child may be placed with a relative, conduct a background check that includes:
4074 (A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification
4075 background check of the relative;
4076 (B) a completed search, relating to the relative, of the Management Information System
4077 described in Section 62A-4a-1003; and
4078 (C) a background check that complies with the criminal background check provisions
4079 described in Section [
4080 62A-4a-209, of the child who resides in the household where the child may be placed;
4081 (ii) if the child will be placed with a noncustodial parent, complete a background check
4082 that includes:
4083 (A) the background check requirements applicable to an emergency placement with a
4084 noncustodial parent that are described in Subsections 62A-4a-209(5) and (7);
4085 (B) a completed search, relating to the noncustodial parent of the child, of the
4086 Management Information System described in Section 62A-4a-1003; and
4087 (C) a background check that complies with the criminal background check provisions
4088 described in Section [
4089 62A-4a-209, of the child who resides in the household where the child may be placed;
4090 (iii) if the child may be placed with an individual other than a noncustodial parent or a
4091 relative, conduct a criminal background check of the individual, and each adult that resides in
4092 the household where the child may be placed, that complies with the criminal background
4093 check provisions described in Section [
4094 (iv) visit the relative's or friend's home;
4095 (v) check the division's management information system for any previous reports of
4096 abuse or neglect regarding the relative or friend at issue;
4097 (vi) report the division's findings in writing to the juvenile court; and
4098 (vii) provide sufficient information so that the juvenile court may determine whether:
4099 (A) the relative or friend has any history of abusive or neglectful behavior toward other
4100 children that may indicate or present a danger to this child;
4101 (B) the child is comfortable with the relative or friend;
4102 (C) the relative or friend recognizes the parent's history of abuse and is committed to
4103 protect the child;
4104 (D) the relative or friend is strong enough to resist inappropriate requests by the parent
4105 for access to the child, in accordance with court orders;
4106 (E) the relative or friend is committed to caring for the child as long as necessary; and
4107 (F) the relative or friend can provide a secure and stable environment for the child.
4108 [
4109 division to conduct, any further investigation regarding the safety and appropriateness of the
4110 placement described in Subsection (9)(a).
4111 [
4112 placement with a relative or friend under Subsections (9)(a) and (b) as soon as practicable, in
4113 an effort to facilitate placement of the child with a relative or friend.
4114 [
4115 the temporary custody of the division, pending the division's investigation [
4116
4117 regarding the appropriateness of [
4118 (b) The juvenile court shall ultimately base the juvenile court's determination regarding
4119 the appropriateness of a placement with a relative or friend on the best interest of the child.
4120 [
4121
4122 (a) the juvenile court:
4123 (i) shall order the relative or friend [
4124 supervision of the juvenile court; and
4125 (ii) may order the division provide necessary services to the child and the child's
4126 relative or friend, including the monitoring of the child's safety and well-being;
4127 (b) the child and the relative or friend in whose custody the child is placed are under
4128 the continuing jurisdiction of the juvenile court;
4129 (c) the juvenile court may enter any order that [
4130 necessary for the protection and best interest of the child;
4131 (d) the juvenile court shall provide for reasonable parent-time with the parent or
4132 parents from whose custody the child was removed, unless parent-time is not in the best
4133 interest of the child; and
4134 (e) the juvenile court shall conduct a periodic review no less often than every six
4135 months, to determine whether:
4136 (i) placement with the relative or friend continues to be in the child's best interest;
4137 (ii) the child should be returned home; or
4138 (iii) the child should be placed in the custody of the division.
4139 [
4140 on which the child was removed from the home, the juvenile court shall schedule a hearing for
4141 the purpose of entering a permanent order in accordance with the best interest of the child.
4142 [
4143 regard to reunification efforts, apply to children placed with a relative or friend [
4144 under Subsection (7).
4145 [
4146 and the division places the child with a relative, the division shall:
4147 (i) conduct a criminal background check of the relative that complies with the criminal
4148 background check provisions described in Section [
4149 (ii) if the results of the criminal background check described in Subsection [
4150 (14)(a)(i) would prohibit the relative from having direct access to the child under Section
4151 62A-2-120, the division shall:
4152 (A) take the child into physical custody; and
4153 (B) within three days, excluding weekends and holidays, after [
4154 on which the child is taken into physical custody under Subsection [
4155 written notice to the juvenile court, and all parties to the proceedings, of the division's action.
4156 (b) [
4157 division from placing a child with a relative, pending the results of the background check
4158 described in Subsection [
4159 [
4160 custody of the child's parent and does not award custody and guardianship to another parent,
4161 relative, or friend under this section, the juvenile court shall order that the child be placed in
4162 the temporary custody of the division, to proceed to adjudication and disposition and to be
4163 provided with care and services in accordance with this chapter and Title 62A, Chapter 4a,
4164 Child and Family Services.
4165 [
4166
4167
4168
4169 [
4170
4171
4172
4173 [
4174
4175
4176
4177 [
4178 [
4179 [
4180
4181 [
4182 [
4183
4184 [
4185
4186 [
4187
4188
4189 [
4190
4191
4192 [
4193 [
4194 [
4195
4196 [
4197
4198
4199
4200 [
4201
4202 [
4203
4204
4205 [
4206 is not a parent, a relative, a friend, or a former foster parent of the child, priority shall be given
4207 to a foster placement with a married couple, unless it is in the best interests of the child to place
4208 the child with a single foster parent.
4209 [
4210
4211 religion of an individual with whom the child may be placed, unless the purpose of taking
4212 religion into account is to place the child with an individual or family of the same religion as
4213 the child.
4214 [
4215 child is of sufficient maturity to articulate the wishes in relation to the child's placement, the
4216 juvenile court shall make findings explaining why the juvenile court's decision differs from the
4217 child's wishes.
4218 (19) This section does not guarantee that an identified relative or friend will receive
4219 custody of the child.
4220 Section 73. Section 80-3-303, which is renumbered from Section 78A-6-307.5 is
4221 renumbered and amended to read:
4222 [
4223 division's temporary custody.
4224 (1) If the juvenile court awards temporary custody of a [
4225 under Section [
4226 determine ongoing placement of the [
4227 (2) In placing a [
4228 (a) except as provided in Subsections (2)(b) and (d), shall comply with the applicable
4229 background check provisions described in Section [
4230 (b) is not required to receive approval from the juvenile court before making the
4231 placement;
4232 (c) shall, within three days, excluding weekends and holidays, after [
4233
4234 and the parties to the proceedings, that the placement has been made;
4235 (d) may place the [
4236 same criteria established for an emergency placement under Section 62A-4a-209, pending the
4237 results of:
4238 (i) the background check described in Subsection [
4239 and
4240 (ii) evaluation with the noncustodial parent, relative, or friend to determine the
4241 individual's capacity to provide ongoing care to the [
4242 (e) shall take into consideration the will of the [
4243 sufficient maturity to articulate the [
4244 placement.
4245 (3) If the division's placement decision differs from a [
4246 if the [
4247 [
4248 decision differs from the [
4249 the [
4250 Section 74. Section 80-3-304, which is renumbered from Section 78A-6-301.5 is
4251 renumbered and amended to read:
4252 [
4253 neglect.
4254 (1) In cases of alleged medical neglect where the division seeks protective custody,
4255 temporary custody, or custody of the child based on the report or testimony of a physician, a
4256 parent or guardian shall have a reasonable amount of time, as determined by the juvenile court,
4257 to obtain a second medical opinion from another physician of the parent's or guardian's
4258 choosing who has expertise in the applicable field.
4259 (2) Unless there is an imminent risk of death or a deteriorating condition of the child's
4260 health, the child shall remain in the custody of the parent or guardian while the parent or
4261 guardian obtains a second medical opinion.
4262 (3) If the second medical opinion results in a different diagnosis or treatment
4263 recommendation from that of the opinion of the physician the division used, the juvenile court
4264 shall give deference to the second medical opinion as long as that opinion is reasonable and
4265 informed and is consistent with treatment that is regularly prescribed by medical experts in the
4266 applicable field.
4267 (4) Subsections (1) through (3) do not apply to emergency treatment or care when the
4268 child faces an immediate threat of death or serious and irreparable harm and when there is
4269 insufficient time to safely allow the parent or guardian to provide alternative necessary care and
4270 treatment of the parent's or guardian's choosing.
4271 Section 75. Section 80-3-305, which is renumbered from Section 78A-6-308 is
4272 renumbered and amended to read:
4273 [
4274 out-of-home placement.
4275 (1) Subject to Subsection (3), upon ordering removal of a child from the custody of the
4276 child's parent and placing that child in the temporary custody or custody of the [
4277
4278 division places a child in out-of-home care, the juvenile court shall require the completion of a
4279 nonfingerprint-based background check by the Utah Bureau of Criminal Identification
4280 regarding the proposed placement.
4281 (2) (a) Except as provided in Subsection (4), the division and the Office of Guardian ad
4282 Litem may request, or the juvenile court upon the juvenile court's own motion, may order, the
4283 Department of Public Safety to conduct a complete Federal Bureau of Investigation criminal
4284 background check through the national criminal history system (NCIC).
4285 (b) (i) Except as provided in Subsection (4), upon request by the division or the Office
4286 of Guardian ad Litem, or upon the juvenile court's order, [
4287 requirements of Subsection (1) shall submit fingerprints and shall be subject to an FBI
4288 fingerprint background check.
4289 (ii) The child may be temporarily placed, pending the outcome of [
4290 check described in Subsection (2)(b)(i).
4291 (c) (i) [
4292 investigations described in Subsection (2)(a) shall be borne by whoever is to receive placement
4293 of the child[
4294 (ii) The division may pay all or part of the cost of [
4295 in Subsection (2)(a).
4296 (3) Except as provided in Subsection (5), a child who is in the legal custody of the
4297 [
4298 parent, unless, before the child is placed with the prospective foster parent or the prospective
4299 adoptive parent:
4300 (a) a fingerprint based FBI national criminal history records check is conducted on the
4301 prospective foster parent or prospective adoptive parent and any other adult residing in the
4302 household;
4303 (b) the [
4304 neglect registry in each state where the prospective foster parent or prospective adoptive parent
4305 resided in the five years immediately [
4306 foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to
4307 determine whether the prospective foster parent or prospective adoptive parent is listed in the
4308 registry as having a substantiated or supported finding of a severe type of abuse or neglect as
4309 defined in Section 62A-4a-1002;
4310 (c) the [
4311 neglect registry of each state where each adult living in the home of the prospective foster
4312 parent or prospective adoptive parent described in Subsection (3)(b) resided in the five years
4313 immediately [
4314 adoptive parent applied to be a foster parent or adoptive parent, to determine whether the adult
4315 is listed in the registry as having a substantiated or supported finding of a severe type of abuse
4316 or neglect as defined in Section 62A-4a-1002; and
4317 (d) each [
4318 Subsection (3) passes the background check, [
4319 Section 62A-2-120.
4320 (4) Subsections (2)(a) and (b) do not apply to a child who is placed with a noncustodial
4321 parent or relative under Section 62A-4a-209, [
4322 80-3-303, unless the juvenile court finds that compliance with Subsection (2)(a) or (b) is
4323 necessary to ensure the safety of the child.
4324 (5) The requirements under Subsection (3) do not apply to the extent that:
4325 (a) federal law or rule permits otherwise; or
4326 (b) the requirements would prohibit the division or a juvenile court from placing a
4327 child with:
4328 (i) a noncustodial parent, under Section 62A-4a-209, [
4329 80-3-302, or 80-3-303; or
4330 (ii) a relative, under Section 62A-4a-209, [
4331 80-3-303, pending completion of the background check described in Subsection (3).
4332 Section 76. Section 80-3-306, which is renumbered from Section 78A-6-308.5 is
4333 renumbered and amended to read:
4334 [
4335 custody.
4336 (1) Before the division may recommend that a child who is in [
4337 custody, [
4338 parent or guardian of the child, the division shall determine whether the parent or guardian has
4339 an outstanding felony arrest warrant in any state where the parent or guardian has resided or in
4340 any state where an immediate family member of the parent or guardian resides.
4341 (2) The division shall file the results of the felony arrest warrant check with the
4342 juvenile court.
4343 (3) (a) If the parent or guardian of a child who is in [
4344 [
4345 state, the juvenile court may deny the return of the child to the custody of [
4346 guardian.
4347 (b) [
4348 court shall consider the best interest of the child [
4349 Section 77. Section 80-3-401, which is renumbered from Section 78A-6-309 is
4350 renumbered and amended to read:
4351
4352 [
4353 deadlines.
4354 (1) (a) Upon the filing of [
4355 juvenile court shall set the pretrial hearing on the petition within 15 calendar days [
4356 the later of:
4357 [
4358 [
4359 (i) the day on which the shelter hearing is held; or
4360 (ii) the day on which the abuse, neglect, or dependency petition is filed.
4361 [
4362 cause shown[
4363 (2) The final adjudication hearing shall be held no later than 60 calendar days [
4364 after the later of:
4365 [
4366 [
4367 (a) the day on which the shelter hearing is held; or
4368 (b) the day on which the abuse, neglect, or dependency petition is filed.
4369 Section 78. Section 80-3-402, which is renumbered from Section 78A-6-311 is
4370 renumbered and amended to read:
4371 [
4372 deadlines -- Scheduling of review and permanency hearing.
4373 (1) If, at the adjudication hearing, the juvenile court finds, by clear and convincing
4374 evidence, that the allegations contained in the abuse, neglect, or dependency petition are true,
4375 [
4376 (2) The dispositional hearing may be held on the same date as the adjudication hearing,
4377 but shall be held no later than 30 calendar days after the [
4378 adjudication hearing is held.
4379 (3) At the adjudication hearing or the dispositional hearing, the juvenile court shall
4380 schedule dates and times for:
4381 (a) the six-month periodic review; and
4382 (b) the permanency hearing.
4383 (4) If an abuse, neglect, or dependency petition is filed under this chapter and a petition
4384 for termination of parental rights is filed under Section 80-4-201, before the day on which a
4385 dispositional hearing is held on the abuse, neglect, or dependency petition, a party may request
4386 a hearing on whether reunification services are appropriate in accordance with the factors
4387 described in Subsections 80-3-406(5) and (7).
4388 Section 79. Section 80-3-405 is enacted to read:
4389 80-3-405. Dispositions after adjudication.
4390 (1) (a) Upon adjudication under Subsection 80-3-402(1), the juvenile court may make
4391 the dispositions described in Subsection (2) at the dispositional hearing.
4392 (2) (a) (i) The juvenile court may vest custody of an abused, neglected, or dependent
4393 minor in the division or any other appropriate person, with or without court-specified child
4394 welfare services, in accordance with the requirements and procedures of this chapter.
4395 (ii) When placing a minor in the custody of the division or any other appropriate
4396 person, the juvenile court:
4397 (A) shall give primary consideration to the welfare of the minor;
4398 (B) shall give due consideration to the rights of the parent or parents concerning the
4399 minor; and
4400 (C) when practicable, may take into consideration the religious preferences of the
4401 minor and of the minor's parents or guardian.
4402 (b) (i) The juvenile court may appoint a guardian for the minor if it appears necessary
4403 in the interest of the minor.
4404 (ii) A guardian appointed under Subsection (2)(b)(i) may be a public or private
4405 institution or agency, but not a nonsecure residential placement provider, in which legal
4406 custody of the minor is vested.
4407 (iii) When placing a minor under the guardianship of an individual or of a private
4408 agency or institution, the juvenile court:
4409 (A) shall give primary consideration to the welfare of the minor; and
4410 (B) when practicable, may take into consideration the religious preferences of the
4411 minor and of the minor's parents or guardian.
4412 (c) The juvenile court may order:
4413 (i) protective supervision;
4414 (ii) family preservation;
4415 (iii) sibling visitation; or
4416 (iv) other services.
4417 (d) (i) If a minor has been placed with an individual or relative as a result of an
4418 adjudication under this chapter, the juvenile court may enter an order of permanent legal
4419 custody and guardianship with the individual or relative of the minor.
4420 (ii) If a juvenile court enters an order of permanent custody and guardianship with an
4421 individual or relative of a minor under Subsection (2)(d)(i), the juvenile court may, in
4422 accordance with Section 78A-6-356, enter an order for child support on behalf of the minor
4423 against the natural parents of the minor.
4424 (iii) An order under this Subsection (2)(d):
4425 (A) shall remain in effect until the minor is 18 years old;
4426 (B) is not subject to review under Section 78A-6-358; and
4427 (C) may be modified by petition or motion as provided in Section 78A-6-357.
4428 (e) The juvenile court may order a child be committed to the physical custody, as
4429 defined in Section 62A-15-701, of a local mental health authority, in accordance with the
4430 procedures and requirements of Title 62A, Chapter 15, Part 7, Commitment of Persons Under
4431 Age 18 to Division of Substance Abuse and Mental Health.
4432 (f) (i) If the child has an intellectual disability, the juvenile court may make an order
4433 committing a minor to the Utah State Developmental Center in accordance with Title 62A,
4434 Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with an Intellectual
4435 Disability.
4436 (ii) The juvenile court shall follow the procedure applicable in the district court with
4437 respect to judicial commitments to the Utah State Developmental Center when ordering a
4438 commitment under Subsection (2)(f)(i).
4439 (g) (i) Subject to Subsection 80-1-102(51)(b) and Section 80-3-304, the juvenile court
4440 may order that a minor:
4441 (A) be examined or treated by a mental health therapist, as described in Section
4442 80-3-109; or
4443 (B) receive other special care.
4444 (ii) For purposes of receiving the examination, treatment, or care described in
4445 Subsection (2)(g)(i), the juvenile court may place the minor in a hospital or other suitable
4446 facility that is not secure care or secure detention.
4447 (iii) In determining whether to order the examination, treatment, or care described in
4448 Subsection (2)(g)(i), the juvenile court shall consider:
4449 (A) the desires of the minor;
4450 (B) the desires of the parent or guardian of the minor if the minor is younger than 18
4451 years old; and
4452 (C) whether the potential benefits of the examination, treatment, or care outweigh the
4453 potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
4454 function impairment, or emotional or physical harm resulting from the compulsory nature of
4455 the examination, treatment, or care.
4456 (h) The juvenile court may make other reasonable orders for the best interest of the
4457 minor.
4458 (3) Upon an adjudication under this chapter, the juvenile court may not:
4459 (a) commit a minor solely on the ground of abuse, neglect, or dependency to the
4460 Division of Juvenile Justice Services;
4461 (b) assume the function of developing foster home services; or
4462 (c) vest legal custody of an abused, neglected, or dependent minor in the division to
4463 primarily address the minor's ungovernable or other behavior, mental health, or disability,
4464 unless the division:
4465 (i) engages other relevant divisions within the department that are conducting an
4466 assessment of the minor and the minor's family's needs;
4467 (ii) based on the assessment described in Subsection (3)(c)(i), determines that vesting
4468 custody of the minor in the division is the least restrictive intervention for the minor that meets
4469 the minor's needs; and
4470 (iii) consents to legal custody of the minor being vested in the division.
4471 (4) The juvenile court may combine the dispositions listed in Subsection (2) if
4472 combining the dispositions is permissible and the dispositions are compatible.
4473 Section 80. Section 80-3-403, which is renumbered from Section 78A-6-321 is
4474 renumbered and amended to read:
4475 [
4476 (1) Upon adjudication in the juvenile court of [
4477 charged with child abuse, child sexual abuse, or sexual exploitation of a child, the juvenile
4478 court may order treatment for the adjudicated offender [
4479 (2) [
4480 require the adjudicated offender described in Subsection (1) to pay, to the extent that [
4481 adjudicated offender is able, the costs of [
4482 in Subsection (1) and the administrative costs incurred by the division in monitoring
4483 completion of the ordered therapy or treatment.
4484 (3) If the adjudicated offender is unable to pay the full cost of treatment under
4485 Subsection (2), the juvenile court:
4486 (a) may order the [
4487 costs, to the extent that funding is provided by the Legislature for that purpose[
4488 (b) shall order the adjudicated offender [
4489 public service work as compensation for the cost of the treatment.
4490 Section 81. Section 80-3-404, which is renumbered from Section 78A-6-323 is
4491 renumbered and amended to read:
4492 [
4493 for removal from Licensing Information System -- Court records.
4494 (1) Upon the filing with the juvenile court of [
4495 petition [
4496
4497 the division has made a supported finding that [
4498 of child abuse or neglect as defined in Section 62A-4a-1002, the juvenile court shall:
4499 (a) make a finding of substantiated, unsubstantiated, or without merit;
4500 (b) include the finding described in Subsection (1)(a) in a written order; and
4501 (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
4502 (2) The [
4503 the finding described in Subsection (1):
4504 (a) as part of the adjudication hearing;
4505 (b) at the conclusion of the adjudication hearing; or
4506 (c) as part of a court order entered pursuant to a written stipulation of the parties.
4507 (3) (a) [
4508 time file with the juvenile court a petition for removal of the [
4509 the Licensing Information System.
4510 (b) At the conclusion of the hearing on the petition described in Subsection (3), the
4511 juvenile court shall:
4512 (i) make a finding of substantiated, unsubstantiated, or without merit;
4513 (ii) include the finding described in Subsection (1)(a) in a written order; and
4514 (iii) deliver a certified copy of the order described in Subsection (1)(b) to the division.
4515 (4) A proceeding for adjudication of a supported finding under this section of a type of
4516 abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined
4517 in the juvenile court with an adjudication of a severe type of child abuse or neglect.
4518 (5) If [
4519 [
4520 time that an alleged perpetrator's application for clearance to work with children or vulnerable
4521 adults is pending, the juvenile court shall hear the matter and enter a final decision no later than
4522 60 days after the [
4523 (6) For the purposes of licensing under Sections 26-39-402, 62A-1-118, and
4524 62A-2-120, and for the purposes described in Sections 26-8a-310 and 62A-2-121 and Title 26,
4525 Chapter 21, Part 2, Clearance for Direct Patient Access:
4526 (a) the juvenile court shall make available records of [
4527 under Subsections (1) and (2):
4528 (i) for those purposes; and
4529 (ii) only to [
4530 Information System created under Section 62A-4a-1006; and
4531 (b) any appellate court shall make available court records of appeals from juvenile
4532 court decisions under Subsections (1), (2), (3), and (4):
4533 (i) for those purposes; and
4534 (ii) only to [
4535 Information System.
4536 Section 82. Section 80-3-406, which is renumbered from Section 78A-6-312 is
4537 renumbered and amended to read:
4538 [
4539 [
4540 [
4541 [
4542 [
4543 [
4544 [
4545 [
4546 [
4547 [
4548
4549 [
4550 [
4551 [
4552 (1) If the juvenile court orders continued removal at the dispositional hearing under
4553 Section 80-3-402, and that the minor remain in the custody of the division, the juvenile court
4554 shall first:
4555 (a) establish a primary permanency plan and a concurrent permanency plan for the
4556 minor in accordance with this section; and
4557 (b) determine whether, in view of the primary permanency plan, reunification services
4558 are appropriate for the [
4559
4560 [
4561
4562
4563
4564 [
4565
4566
4567
4568 [
4569
4570 [
4571
4572 [
4573 [
4574 [
4575
4576 [
4577
4578 [
4579 [
4580 [
4581 (2) (a) The concurrent permanency plan [
4582 (i) a representative list of the conditions under which the primary permanency plan will
4583 be abandoned in favor of the concurrent permanency plan; and
4584 (ii) an explanation of the effect of abandoning or modifying the primary permanency
4585 plan.
4586 (b) In determining the primary permanency plan and concurrent permanency plan, the
4587 juvenile court shall consider:
4588 (i) the preference for kinship placement over nonkinship placement;
4589 (ii) the potential for a guardianship placement if [
4590
4591 and
4592 (iii) the use of an individualized permanency plan, only as a last resort.
4593 [
4594
4595
4596
4597 [
4598 the establishment of a final permanency plan under Section [
4599 (b) The juvenile court is not limited to the terms of the concurrent permanency plan in
4600 the event that the primary permanency plan is abandoned.
4601 (c) If, at any time, the juvenile court determines that reunification is no longer a minor's
4602 primary permanency plan, the juvenile court shall conduct a permanency hearing in accordance
4603 with Section [
4604 (i) 30 days after the day on which the juvenile court makes the determination described
4605 in this Subsection [
4606 (ii) the day on which the provision of reunification services, described in Section
4607 [
4608 (4) (a) Because of the state's interest in and responsibility to protect and provide
4609 permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
4610 parent's interest in receiving reunification services is limited.
4611 (b) The juvenile court may determine that:
4612 (i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
4613 based on the individual circumstances; and
4614 (ii) reunification services should not be provided.
4615 (c) In determining reasonable efforts to be made with respect to a minor, and in making
4616 reasonable efforts, the juvenile court and the division shall consider the minor's health, safety,
4617 and welfare as the paramount concern.
4618 (5) There is a presumption that reunification services should not be provided to a
4619 parent if the juvenile court finds, by clear and convincing evidence, that any of the following
4620 circumstances exist:
4621 (a) the whereabouts of the parents are unknown, based upon a verified affidavit
4622 indicating that a reasonably diligent search has failed to locate the parent;
4623 (b) subject to Subsection (6)(a), the parent is suffering from a mental illness of such
4624 magnitude that the mental illness renders the parent incapable of utilizing reunification
4625 services;
4626 (c) the minor was previously adjudicated as an abused child due to physical abuse,
4627 sexual abuse, or sexual exploitation, and following the adjudication the child:
4628 (i) was removed from the custody of the minor's parent;
4629 (ii) was subsequently returned to the custody of the parent; and
4630 (iii) is being removed due to additional physical abuse, sexual abuse, or sexual
4631 exploitation;
4632 (d) the parent:
4633 (i) caused the death of another minor through abuse or neglect;
4634 (ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
4635 (A) murder or manslaughter of a minor; or
4636 (B) child abuse homicide;
4637 (iii) committed sexual abuse against the minor;
4638 (iv) is a registered sex offender or required to register as a sex offender; or
4639 (v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
4640 minor;
4641 (B) is identified by a law enforcement agency as the primary suspect in an investigation
4642 for intentionally, knowingly, or recklessly causing the death of another parent of the minor; or
4643 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4644 recklessly causing the death of another parent of the minor;
4645 (e) the minor suffered severe abuse by the parent or by any individual known by the
4646 parent if the parent knew or reasonably should have known that the individual was abusing the
4647 minor;
4648 (f) the minor is adjudicated as an abused minor as a result of severe abuse by the
4649 parent, and the juvenile court finds that it would not benefit the minor to pursue reunification
4650 services with the offending parent;
4651 (g) the parent's rights are terminated with regard to any other minor;
4652 (h) the minor was removed from the minor's home on at least two previous occasions
4653 and reunification services were offered or provided to the family at those times;
4654 (i) the parent has abandoned the minor for a period of six months or longer;
4655 (j) the parent permitted the minor to reside, on a permanent or temporary basis, at a
4656 location where the parent knew or should have known that a clandestine laboratory operation
4657 was located;
4658 (k) except as provided in Subsection (6)(b), with respect to a parent who is the minor's
4659 birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
4660 exposed to an illegal or prescription drug that was abused by the minor's mother while the
4661 minor was in utero, if the minor was taken into division custody for that reason, unless the
4662 mother agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
4663 substance use disorder treatment program approved by the department; or
4664 (l) any other circumstance that the juvenile court determines should preclude
4665 reunification efforts or services.
4666 (6) (a) The juvenile court shall base the finding under Subsection (5)(b) on competent
4667 evidence from at least two medical or mental health professionals, who are not associates,
4668 establishing that, even with the provision of services, the parent is not likely to be capable of
4669 adequately caring for the minor within 12 months after the day on which the juvenile court
4670 finding is made.
4671 (b) The juvenile court may disregard the provisions of Subsection (5)(k) if the juvenile
4672 court finds, under the circumstances of the case, that the substance use disorder treatment
4673 described in Subsection (5)(k) is not warranted.
4674 (7) In determining whether reunification services are appropriate, the juvenile court
4675 shall take into consideration:
4676 (a) failure of the parent to respond to previous services or comply with a previous child
4677 and family plan;
4678 (b) the fact that the minor was abused while the parent was under the influence of
4679 drugs or alcohol;
4680 (c) any history of violent behavior directed at the minor or an immediate family
4681 member;
4682 (d) whether a parent continues to live with an individual who abused the minor;
4683 (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
4684 (f) testimony by a competent professional that the parent's behavior is unlikely to be
4685 successful; and
4686 (g) whether the parent has expressed an interest in reunification with the minor.
4687 (8) If, under Subsections (5)(b) through (l), the juvenile court does not order
4688 reunification services, a permanency hearing shall be conducted within 30 days in accordance
4689 with Section 80-3-409.
4690 (9) (a) Subject to Subsections (9)(b) and (c), if the juvenile court determines that
4691 reunification services are appropriate for the minor and the minor's family, the juvenile court
4692 shall provide for reasonable parent-time with the parent or parents from whose custody the
4693 minor was removed, unless parent-time is not in the best interest of the minor.
4694 (b) Parent-time is in the best interests of a minor unless the juvenile court makes a
4695 finding that it is necessary to deny parent-time in order to:
4696 (i) protect the physical safety of the minor;
4697 (ii) protect the life of the minor; or
4698 (iii) prevent the minor from being traumatized by contact with the parent due to the
4699 minor's fear of the parent in light of the nature of the alleged abuse or neglect.
4700 (c) Notwithstanding Subsection (9)(a), a juvenile court may not deny parent-time based
4701 solely on a parent's failure to:
4702 (i) prove that the parent has not used legal or illegal substances; or
4703 (ii) comply with an aspect of the child and family plan that is ordered by the juvenile
4704 court.
4705 [
4706 appropriate, the juvenile court shall order that the division make reasonable efforts to provide
4707 services to the minor and the minor's parent for the purpose of facilitating reunification of the
4708 family, for a specified period of time.
4709 (b) In providing the services described in Subsection [
4710 juvenile court and the division shall consider the minor's health, safety, and welfare [
4711
4712 (11) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or
4713 severe neglect are involved:
4714 (a) the juvenile court does not have any duty to order reunification services; and
4715 (b) the division does not have a duty to make reasonable efforts to or in any other way
4716 attempt to provide reunification services or attempt to rehabilitate the offending parent or
4717 parents.
4718 (12) (a) The juvenile court shall:
4719 (i) determine whether the services offered or provided by the division under the child
4720 and family plan constitute [
4721 (ii) determine and define the responsibilities of the parent under the child and family
4722 plan in accordance with Subsection 62A-4a-205(6)(e); and
4723 (iii) identify verbally on the record, or in a written document provided to the parties,
4724 the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
4725 determination regarding the provision of reasonable efforts, in accordance with state and
4726 federal law.
4727 (b) If the parent is in a substance use disorder treatment program, other than a certified
4728 drug court program, the juvenile court may order the parent:
4729 (i) [
4730 in addition to the testing recommended by the parent's substance use disorder program based
4731 on a finding of reasonable suspicion that the parent is abusing drugs or alcohol; and
4732 (ii) [
4733 recommended by the substance use disorder program to the juvenile court or division.
4734 (13) (a) The time period for reunification services may not exceed 12 months from the
4735 [
4736 time period is extended under Subsection [
4737 (b) Nothing in this section may be construed to entitle any parent to an entire 12
4738 months of reunification services.
4739 (14) (a) If reunification services are ordered, the juvenile court may terminate those
4740 services at any time.
4741 (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
4742 to be inconsistent with the final permanency plan for the minor established [
4743 Section [
4744 (i) place the minor in accordance with the final permanency plan; and
4745 (ii) complete whatever steps are necessary to finalize the permanent placement of the
4746 minor.
4747 (15) Any physical custody of the minor by the parent or a relative during the period
4748 described in Subsections [
4749 (16) (a) If reunification services are ordered, [
4750
4751 [
4752 day on which the time period for reunification services expires.
4753 (b) The permanency hearing shall be held no later than 12 months after the original
4754 removal of the minor.
4755 (c) If reunification services are not ordered, a permanency hearing shall be conducted
4756 within 30 days[
4757 (17) With regard to a minor in the custody of the division whose parent or parents are
4758 ordered to receive reunification services but who have abandoned that minor for a period of six
4759 months from the [
4760 (a) the juvenile court shall terminate reunification services; and
4761 (b) the division shall petition the juvenile court for termination of parental rights.
4762 [
4763
4764
4765 [
4766 [
4767 [
4768 separated from a sibling due to foster care or adoptive placement, a juvenile court may order
4769 sibling visitation, subject to the division obtaining consent from the sibling's legal guardian,
4770 according to the juvenile court's determination of the best interests of the [
4771 whom the hearing is held.
4772 [
4773
4774
4775 [
4776 [
4777
4778 [
4779 [
4780
4781
4782 [
4783
4784
4785 [
4786
4787 [
4788
4789 [
4790
4791 [
4792 [
4793 [
4794
4795 [
4796 [
4797 [
4798 [
4799 [
4800 [
4801 [
4802 [
4803
4804 [
4805
4806
4807 [
4808
4809 [
4810
4811
4812 [
4813
4814
4815 [
4816 [
4817
4818 [
4819 [
4820
4821
4822 [
4823
4824
4825
4826
4827
4828 [
4829
4830 [
4831
4832
4833
4834 [
4835
4836
4837 [
4838
4839 [
4840
4841 [
4842
4843 [
4844
4845 [
4846 [
4847
4848 [
4849
4850 [
4851 [
4852
4853 within six months after the day on which the out-of-home placement of the minor is made, the
4854 juvenile court may order the division to provide reunification services.
4855 (b) The time limits described in [
4856 tolled by the parent's absence.
4857 [
4858 order reasonable services unless the juvenile court determines that those services would be
4859 detrimental to the minor.
4860 (b) In making the determination described in Subsection [
4861 court shall consider:
4862 (i) the age of the minor;
4863 (ii) the degree of parent-child bonding;
4864 (iii) the length of the sentence;
4865 (iv) the nature of the treatment;
4866 (v) the nature of the crime or illness;
4867 (vi) the degree of detriment to the minor if services are not offered;
4868 (vii) for a minor who is 10 years old or older, the minor's attitude toward the
4869 implementation of family reunification services; and
4870 (viii) any other appropriate factors.
4871 (c) Reunification services for an incarcerated parent are subject to the time limitations
4872 imposed in [
4873 (d) Reunification services for an institutionalized parent are subject to the time
4874 limitations imposed in [
4875 determines that continued reunification services would be in the minor's best interest.
4876 [
4877
4878
4879 Section 83. Section 80-3-407, which is renumbered from Section 78A-6-313 is
4880 renumbered and amended to read:
4881 [
4882 regarding reasonable efforts by the division and parental compliance with child and
4883 family plan requirements.
4884 If reunification efforts have been ordered by the juvenile court under Section 80-3-406,
4885 [
4886 [
4887 home, in order for the juvenile court to determine whether:
4888 (1) the division has provided and is providing [
4889 to reunify [
4890 Section 62A-4a-205; and
4891 (2) the parent has fulfilled or is fulfilling identified duties and responsibilities in order
4892 to comply with the requirements of the child and family plan.
4893 Section 84. Section 80-3-408, which is renumbered from Section 78A-6-315 is
4894 renumbered and amended to read:
4895 [
4896 (1) At least every six months, the division or the juvenile court shall conduct a periodic
4897 review of the status of each [
4898 terminates the division's custody of the [
4899 (2) (a) The juvenile court or the division shall conduct the review described in
4900 Subsection (1) [
4901 system described in 42 U.S.C. Section 675.
4902 (b) If a review described in Subsection (1) is conducted by the division, the division
4903 shall:
4904 (i) conduct the review in accordance with the administrative review requirements of 42
4905 U.S.C. Section 675; and
4906 (ii) to the extent practicable, involve volunteer citizens in the administrative review
4907 process.
4908 (3) (a) Within 30 days after [
4909 Subsection (1) that is conducted by the division is completed, the division shall:
4910 (i) submit a copy of [
4911 made a part of the juvenile court's legal file; and
4912 (ii) provide a copy of the dispositional report to each party in the case to which the
4913 review relates.
4914 (b) The juvenile court shall receive and review each dispositional report submitted
4915 under Subsection (3)(a)(i) in the same manner as the juvenile court receives and reviews a
4916 report described in Section [
4917 (c) If a report submitted under Subsection (3)(a)(i) is determined to be an ex parte
4918 communication with a judge, the report [
4919 law.
4920 [
4921
4922
4923
4924 Section 85. Section 80-3-409, which is renumbered from Section 78A-6-314 is
4925 renumbered and amended to read:
4926 [
4927 termination of parental rights filed -- Hearing on termination of parental rights.
4928 (1) (a) [
4929
4930 of the [
4931 division, the juvenile court shall hold a permanency hearing no later than 12 months after the
4932 day on which the minor [
4933 (b) If reunification services [
4934 juvenile court shall hold a permanency hearing [
4935 which the dispositional hearing ends.
4936 (2) (a) If reunification services [
4937 Section [
4938 consistent with Subsection (3), whether the minor may safely be returned to the custody of the
4939 minor's parent.
4940 (b) If the juvenile court finds, by a preponderance of the evidence, that return of the
4941 minor to the minor's parent would create a substantial risk of detriment to the minor's physical
4942 or emotional well-being, the minor may not be returned to the custody of the minor's parent.
4943 (c) Prima facie evidence that return of the minor to a parent or guardian would create a
4944 substantial risk of detriment to the minor is established if:
4945 (i) the parent or guardian fails to:
4946 (A) participate in a court approved child and family plan;
4947 (B) comply with a court approved child and family plan in whole or in part; or
4948 (C) meet the goals of a court approved child and family plan; or
4949 (ii) the minor's natural parent:
4950 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
4951 minor;
4952 (B) is identified by a law enforcement agency as the primary suspect in an investigation
4953 for intentionally, knowingly, or recklessly causing the death of another parent of the minor; or
4954 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4955 recklessly causing the death of another parent of the minor.
4956 (3) In making a determination under Subsection (2)(a), the juvenile court shall:
4957 (a) review and consider:
4958 [
4959 [
4960 offered by the minor's attorney guardian ad litem;
4961 [
4962 80-3-408(3)(a)(i);
4963 [
4964 and
4965 [
4966 and
4967 (b) attempt to keep the minor's sibling group together if keeping the sibling group
4968 together is:
4969 (i) practicable; and
4970 (ii) in accordance with the best interest of the minor.
4971 (4) With regard to a case where reunification services [
4972 juvenile court, if a minor is not returned to the minor's parent or guardian at the permanency
4973 hearing, the juvenile court shall, unless the time for the provision of reunification services is
4974 extended under Subsection (7):
4975 (a) order termination of reunification services to the parent;
4976 (b) make a final determination regarding whether termination of parental rights,
4977 adoption, or permanent custody and guardianship is the most appropriate final plan for the
4978 minor, taking into account the minor's primary permanency plan established by the juvenile
4979 court [
4980 (c) in accordance with Subsection 80-3-406(2), establish a concurrent permanency plan
4981 that identifies the second most appropriate final plan for the minor, if appropriate.
4982 (5) The juvenile court may order another planned permanent living arrangement other
4983 than reunification for a minor who is 16 years old or older upon entering the following
4984 findings:
4985 (a) the [
4986 ongoing, and unsuccessful efforts to reunify the minor with the minor's parent or parents, or to
4987 secure a placement for the minor with a guardian, an adoptive parent, or an individual
4988 described in Subsection [
4989 (b) the [
4990 division has made efforts to normalize the life of the minor while in the division's custody, in
4991 accordance with Sections 62A-4a-210 through 62A-4a-212;
4992 (c) the minor prefers another planned permanent living arrangement; and
4993 (d) there is a compelling reason why reunification or a placement described in
4994 Subsection (5)(a) is not in the minor's best interest.
4995 (6) Except as provided in Subsection (7), the juvenile court may not extend
4996 reunification services beyond 12 months after the day on which the minor [
4997 removed from the minor's home, in accordance with the provisions of Section [
4998 80-3-406.
4999 (7) (a) Subject to Subsection (7)(b), the juvenile court may extend reunification
5000 services for no more than 90 days if the juvenile court finds, beyond a preponderance of the
5001 evidence, that:
5002 (i) there has been substantial compliance with the child and family plan;
5003 (ii) reunification is probable within that 90-day period; and
5004 (iii) the extension is in the best interest of the minor.
5005 (b) (i) Except as provided in Subsection (7)(c), the juvenile court may not extend any
5006 reunification services beyond 15 months after the day on which the minor [
5007 removed from the minor's home.
5008 (ii) Delay or failure of a parent to establish paternity or seek custody does not provide a
5009 basis for the juvenile court to extend services for [
5010 described in Subsection (6).
5011 (c) In accordance with Subsection (7)(d), the juvenile court may extend reunification
5012 services for one additional 90-day period, beyond the 90-day period described in Subsection
5013 (7)(a), if:
5014 (i) the juvenile court finds, by clear and convincing evidence, that:
5015 (A) the parent has substantially complied with the child and family plan;
5016 (B) it is likely that reunification will occur within the additional 90-day period; and
5017 (C) the extension is in the best interest of the minor;
5018 (ii) the juvenile court specifies the facts upon which the findings described in
5019 Subsection (7)(c)(i) are based; and
5020 (iii) the juvenile court specifies the time period in which it is likely that reunification
5021 will occur.
5022 (d) A juvenile court may not extend the time period for reunification services without
5023 complying with the requirements of this Subsection (7) before the extension.
5024 (e) In determining whether to extend reunification services for a minor, a juvenile court
5025 shall take into consideration the status of the minor siblings of the minor.
5026 (8) The juvenile court may, in [
5027 (a) enter any additional order that [
5028 interest of the minor, so long as that order does not conflict with the requirements and
5029 provisions of Subsections (4) through (7); or
5030 (b) order the division to provide protective supervision or other services to a minor and
5031 the minor's family after the division's custody of a minor [
5032 (9) (a) If the final plan for the minor is to proceed toward termination of parental
5033 rights, the petition for termination of parental rights shall be filed, and a pretrial held, within 45
5034 calendar days after the day on which the permanency hearing is held.
5035 (b) If the division opposes the plan to terminate parental rights, the juvenile court may
5036 not require the division to file a petition for the termination of parental rights, except as
5037 required under Subsection [
5038 (10) (a) Any party to an action may, at any time, petition the juvenile court for an
5039 expedited permanency hearing on the basis that continuation of reunification efforts are
5040 inconsistent with the permanency needs of the minor.
5041 (b) If the juvenile court so determines, [
5042 with federal law, that:
5043 (i) the minor be placed in accordance with the permanency plan; and
5044 (ii) whatever steps are necessary to finalize the permanent placement of the minor be
5045 completed as quickly as possible.
5046 (11) Nothing in this section may be construed to:
5047 (a) entitle any parent to reunification services for any specified period of time;
5048 (b) limit a juvenile court's ability to terminate reunification services at any time before
5049 a permanency hearing; or
5050 (c) limit or prohibit the filing of a petition for termination of parental rights by any
5051 party, or a hearing on termination of parental rights, at any time [
5052 hearing provided that relative placement and custody options have been fairly considered in
5053 accordance with Sections 62A-4a-201 and [
5054 (12) (a) Subject to Subsection (12)(b), if a petition for termination of parental rights is
5055 filed [
5056 consolidate the hearing on termination of parental rights with the permanency hearing.
5057 (b) For purposes of Subsection (12)(a), if the juvenile court consolidates the hearing on
5058 termination of parental rights with the permanency hearing:
5059 (i) the juvenile court shall first make a finding regarding whether reasonable efforts
5060 have been made by the [
5061 permanency plan for the minor; and
5062 (ii) any reunification services shall be terminated in accordance with the time lines
5063 described in Section [
5064 (c) [
5065 parental rights [
5066 initially removed from the minor's home.
5067 (13) If a juvenile court determines that a minor will not be returned to a parent of the
5068 minor, the juvenile court shall consider appropriate placement options inside and outside of the
5069 state.
5070 (14) (a) [
5071 older desires an opportunity to address the juvenile court or testify regarding permanency or
5072 placement, the juvenile court shall give the minor's wishes added weight, but may not treat the
5073 minor's wishes as the single controlling factor under this section.
5074 (b) If the juvenile court's decision under this section differs from a minor's express
5075 wishes if the minor is of sufficient maturity to articulate the wishes in relation to permanency
5076 or the minor's placement, the juvenile court shall make findings explaining why the juvenile
5077 court's decision differs from the minor's wishes.
5078 Section 86. Section 80-3-501, which is renumbered from Section 78A-6-311.5 is
5079 renumbered and amended to read:
5080
5081 [
5082 program -- Review hearings.
5083 (1) As used in this section:
5084 (a) "Qualified individual" means the same as that term is defined in 42 U.S.C. Sec.
5085 675a.
5086 (b) "Qualified residential treatment program" means the same as that term is defined in
5087 42 U.S.C. Sec. 672.
5088 (2) Within 60 days [
5089 qualified residential treatment program under this chapter or Chapter 6, Juvenile Justice, the
5090 juvenile court shall:
5091 (a) review the assessment, determination, and documentation made by a qualified
5092 individual regarding the [
5093 (b) determine whether the needs of the [
5094 foster home;
5095 (c) if the [
5096 determine whether:
5097 (i) placement of the [
5098 the most effective and appropriate level of care for the [
5099 environment; and
5100 (ii) placement in a qualified residential treatment program is consistent with the
5101 short-term and long-term goals for the [
5102 the [
5103 (d) approve or disapprove of the [
5104 treatment program.
5105 (3) As long as a [
5106 program, the juvenile court shall review the placement decision at each subsequent review and
5107 permanency hearing held with respect to the [
5108 (4) When the juvenile court conducts a review described in Subsection (3), the juvenile
5109 court shall review evidence submitted by the custodial division to:
5110 (a) demonstrate an ongoing assessment of the strengths and needs of the [
5111 such that the [
5112 (b) demonstrate that placement in a qualified residential treatment program provides
5113 the most effective and appropriate level of care for the [
5114 environment;
5115 (c) demonstrate that placement in the qualified residential treatment program is
5116 consistent with the short-term and long-term goals for the [
5117 permanency plan for the [
5118 (d) document the specific treatment or service needs that will be met for the [
5119 minor in the placement;
5120 (e) document the length of time the [
5121 services; and
5122 (f) document the efforts made by the custodial division to prepare the [
5123 return home or transition to another setting, such as with a relative, with a friend of the [
5124 minor, with a [
5125 Section 87. Section 80-3-502, which is renumbered from Section 78A-6-318 is
5126 renumbered and amended to read:
5127 [
5128 standing.
5129 (1) With regard to a [
5130
5131 who has been placed in foster care with a foster family, the Legislature finds that:
5132 (a) except with regard to the [
5133 limited but recognized interest in its familial relationship with the [
5134 (b) [
5135 in foster care placements with little or no documentation, and that numerous studies of child
5136 growth and development emphasize the importance of stability in foster care living
5137 arrangements.
5138 (2) For the reasons described in Subsection (1), the Legislature finds that, except with
5139 regard to the [
5140 provided to a foster family prior to removal of a foster [
5141 (3) (a) A foster parent who has had a foster [
5142 12 months or longer may petition the juvenile court for a review and determination of the
5143 appropriateness of a decision by the [
5144 remove the [
5145 (i) returning the [
5146 guardian;
5147 (ii) immediately placing the [
5148 (iii) placing the [
5149 who obtained custody or asserted an interest in the [
5150 described in Subsection [
5151 (iv) placing an Indian child in accordance with [
5152 and other requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.
5153 (b) The foster parent may petition the juvenile court under this section without
5154 exhausting administrative remedies within the division.
5155 (c) The juvenile court may order the division to place the [
5156 home, and shall base [
5157 minor.
5158 (4) The requirements of this section do not apply to the removal of a [
5159 based on a foster parent's request for that removal.
5160 Section 88. Section 80-3-503 is enacted to read:
5161 80-3-503. Minor's petition for removal from division custody -- Reentering
5162 division custody.
5163 (1) (a) A minor who is 18 years old or older, but younger than 21 years old, may
5164 petition the juvenile court to express the minor's desire to have the minor be removed from the
5165 custody of the division if the minor is in the division's custody on grounds of abuse, neglect, or
5166 dependency.
5167 (b) If the minor's parent's rights have not been terminated in accordance with Chapter
5168 4, Termination and Restoration of Parental Rights, the minor's petition described in Subsection
5169 (1)(a) shall contain a statement from the minor's parent or guardian agreeing that the minor
5170 should be removed from the custody of the division.
5171 (c) The minor and the minor's parent or guardian shall sign the petition described in
5172 Subsection (1)(a).
5173 (2) The juvenile court shall:
5174 (a) review the petition described in Subsection (1)(a) within 14 days after the day on
5175 which the petition is filed; and
5176 (b) remove the minor from the custody of the division if:
5177 (i) the requirements under Subsections (1)(b) and (c) are met; and
5178 (ii) the court finds, based on input from the division, the minor's attorney guardian ad
5179 litem, and the Office of the Attorney General, that the minor does not pose an imminent threat
5180 to self or others.
5181 (3) (a) A minor removed from custody of the division under this section may, within 90
5182 days after the day on which the minor is removed from custody of the division, petition the
5183 court to re-enter custody of the division.
5184 (b) Upon receiving a petition described in Subsection (3)(a), the juvenile court shall
5185 order the division to take custody of the minor based on the findings the juvenile court entered
5186 when the juvenile court originally vested custody of the minor in the division.
5187 Section 89. Section 80-4-101, which is renumbered from Section 78A-6-501 is
5188 renumbered and amended to read:
5189
5190
5191 [
5192 This [
5193 "Termination and Restoration of Parental Rights."
5194 Section 90. Section 80-4-102, which is renumbered from Section 78A-6-502 is
5195 renumbered and amended to read:
5196 [
5197 As used in this chapter:
5198 (1) "Division" means the Division of Child and Family Services [
5199
5200 (2) "Failure of parental adjustment" means that a parent or parents are unable or
5201 unwilling within a reasonable time to substantially correct the circumstances, conduct, or
5202 conditions that led to placement of their child outside of their home, notwithstanding
5203 reasonable and appropriate efforts made by the [
5204 division to return the child to [
5205 [
5206
5207
5208
5209
5210 (3) "Former parent" means an individual whose legal parental rights were terminated
5211 under this chapter.
5212 (4) "Petition to restore parental rights" means a petition filed in accordance with this
5213 chapter to restore the rights of a parent with regard to a child.
5214 (5) "Petition for termination of parental rights" means a petition filed in accordance
5215 with this chapter to terminate the parental rights of a parent.
5216 (6) "Temporary custody" means the same as that term is defined in Section
5217 62A-4a-101.
5218 Section 91. Section 80-4-103 is enacted to read:
5219 80-4-103. Nature of the proceedings -- Rules of procedure -- Burden of proof.
5220 (1) The proceedings under this chapter are civil in nature and are governed by the Utah
5221 Rules of Civil Procedure and the Utah Rules of Juvenile Procedure.
5222 (2) The juvenile court shall:
5223 (a) in all cases filed under this chapter require the petitioner to establish the facts by
5224 clear and convincing evidence;
5225 (b) give full and careful consideration to all of the evidence presented with regard to
5226 the constitutional rights and claims of the parent; and
5227 (c) if a parent is found, by reason of the parent's conduct or condition, to be unfit or
5228 incompetent based upon any of the grounds for termination described in this chapter, consider
5229 the welfare and best interest of the child of paramount importance in determining whether to
5230 terminate parental rights.
5231 Section 92. Section 80-4-104, which is renumbered from Section 78A-6-503 is
5232 renumbered and amended to read:
5233 [
5234 incompetent -- Best interest of child.
5235 (1) Under both the United States Constitution and the constitution of this state, a parent
5236 possesses a fundamental liberty interest in the care, custody, and management of the parent's
5237 child. For this reason, the termination of family ties by the state may only be done for
5238 compelling reasons.
5239 (2) The juvenile court shall provide a fundamentally fair process to a parent if a party
5240 moves to terminate the parent's parental rights.
5241 (3) If the party moving to terminate parental rights is a governmental entity, the
5242 juvenile court shall find that any actions or allegations made in opposition to the rights and
5243 desires of a parent regarding the parent's child are supported by sufficient evidence to satisfy a
5244 parent's constitutional entitlement to heightened protection against government interference
5245 with the parent's fundamental rights and liberty interests.
5246 (4) (a) The fundamental liberty interest of a parent concerning the care, custody, and
5247 management of the parent's child is recognized, protected, and does not cease to exist simply
5248 because:
5249 (i) a parent may fail to be a model parent; or
5250 (ii) the parent's child is placed in the temporary custody of the state.
5251 (b) The juvenile court should give serious consideration to the fundamental right of a
5252 parent to rear the parent's child, and concomitantly, of the right of the child to be reared by the
5253 child's natural parent.
5254 (5) At all times, a parent retains a vital interest in preventing the irretrievable
5255 destruction of family life.
5256 (6) [
5257 parent and a parent's child may not exceed the least restrictive means or alternatives available
5258 to accomplish a compelling state interest.
5259 (7) Until parental unfitness is established and the children suffer, or are substantially
5260 likely to suffer, serious detriment as a result, the child and the child's parent share a vital
5261 interest in preventing erroneous termination of their relationship and the juvenile court may not
5262 presume that a child and the child's parents are adversaries.
5263 (8) It is in the best interest and welfare of a child to be raised under the care and
5264 supervision of the child's natural parents. A child's need for a normal family life in a permanent
5265 home, and for positive, nurturing family relationships is usually best met by the child's natural
5266 parents. Additionally, the integrity of the family unit and the right of parents to conceive and
5267 raise their children are constitutionally protected. For these reasons, the juvenile court should
5268 only transfer custody of a child from the child's natural parent for compelling reasons and when
5269 there is a jurisdictional basis to do so.
5270 (9) The right of a fit, competent parent to raise the parent's child without undue
5271 government interference is a fundamental liberty interest that has long been protected by the
5272 laws and Constitution of this state and of the United States, and is a fundamental public policy
5273 of this state.
5274 (10) (a) The state recognizes that:
5275 (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
5276 train, educate, provide for, and reasonably discipline the parent's child; and
5277 (ii) the state's role is secondary and supportive to the primary role of a parent.
5278 (b) It is the public policy of this state that a parent retain the fundamental right and duty
5279 to exercise primary control over the care, supervision, upbringing, and education of the parent's
5280 child.
5281 (c) The interests of the state favor preservation and not severance of natural familial
5282 bonds in situations where a positive, nurturing parent-child relationship can exist, including
5283 extended family association and support.
5284 (11) This [
5285 severance of the parent-child relationship, designed to safeguard the rights and interests of all
5286 parties concerned and promote their welfare and that of the state.
5287 (12) (a) Wherever possible, family life should be strengthened and preserved, but if a
5288 parent is found, by reason of the parent's conduct or condition, to be unfit or incompetent based
5289 upon any of the grounds for termination described in this part, the juvenile court shall then
5290 consider the welfare and best interest of the child of paramount importance in determining
5291 whether termination of parental rights shall be ordered.
5292 (b) In determining whether termination is in the best interest of the child, and in
5293 finding that termination of parental rights, from the child's point of view, is strictly necessary,
5294 the juvenile court shall consider, among other relevant factors, whether:
5295 (i) sufficient efforts were dedicated to reunification in accordance with [
5296
5297 (ii) the efforts to place the child with kin who have, or are willing to come forward to
5298 care for the child, were given due weight.
5299 Section 93. Section 80-4-105, which is renumbered from Section 78A-6-513 is
5300 renumbered and amended to read:
5301 [
5302 (1) An order for the termination of [
5303 divests the child and the parents of all legal rights, powers, immunities, duties, and obligations
5304 with respect to each other, except the right of the child to inherit from the parent.
5305 (2) An order or decree entered [
5306 disentitle a child to any benefit due [
5307
5308 (3) Except as provided in Sections [
5309 80-4-402, after the termination of [
5310 the former parent:
5311 (a) is [
5312 [
5313 (b) does not have any right to object to the adoption or to participate in any other
5314 placement proceedings.
5315 (4) An order permanently terminating the rights of a parent, guardian, or custodian
5316 does not expire with termination of the jurisdiction of the juvenile court.
5317 Section 94. Section 80-4-106 is enacted to read:
5318 80-4-106. Individuals entitled to be present at proceedings -- Legal representation
5319 -- Attorney general responsibilities.
5320 (1) (a) The juvenile court shall admit any individual to a hearing unless the juvenile
5321 court makes a finding upon the record that the individual's presence at the hearing would:
5322 (i) be detrimental to the best interest of a child who is a party to the proceeding;
5323 (ii) impair the fact-finding process; or
5324 (iii) be otherwise contrary to the interests of justice.
5325 (b) The juvenile court may exclude an individual from a hearing under Subsection
5326 (1)(a) on the juvenile court's own motion or by motion of a party to the proceeding.
5327 (2) (a) The parties shall be advised of the parties' right to counsel, including the
5328 appointment of counsel for a parent or legal guardian facing any action initiated by a private
5329 party under this chapter or under Section 78B-6-112 for termination of parental rights.
5330 (b) If a parent or guardian is the subject of a petition for the termination of parental
5331 rights, the juvenile court shall:
5332 (i) appoint an indigent defense service provider for a parent or guardian determined to
5333 be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
5334 Counsel; and
5335 (ii) order indigent defense services for the parent or legal guardian who is determined
5336 to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
5337 Counsel.
5338 (c) In any action under this chapter, a guardian ad litem, as defined in Section
5339 78A-2-801, shall represent the child in accordance with Sections 78A-2-803 and 80-3-104.
5340 (d) A guardian ad litem, as defined in Section 78A-2-801, shall represent the child in
5341 other actions initiated under this chapter when appointed by the juvenile court under Section
5342 78A-2-803 or as otherwise provided by law.
5343 (3) Subject to the attorney general's prosecutorial discretion in civil enforcement
5344 actions, the attorney general shall, in accordance with Section 62A-4a-113, enforce all
5345 provisions of this chapter and Title 62A, Chapter 4a, Child and Family Services, relating to the
5346 termination of parental rights.
5347 Section 95. Section 80-4-107 is enacted to read:
5348 80-4-107. Record of Proceedings -- Written reports and other materials --
5349 Statements of a child.
5350 (1) As used in this section, "record of a proceeding" means the same as that term is
5351 defined in Section 80-3-106.
5352 (2) A record of a proceeding under this chapter:
5353 (a) shall be taken in accordance with Section 80-3-106; and
5354 (b) may be requested for release as described in Section 80-3-106.
5355 (3) (a) For purposes of determining proper disposition of a child in hearings upon a
5356 petition for termination of parental rights, written reports and other material relating to the
5357 minor's mental, physical, and social history and condition may be:
5358 (i) received in evidence; and
5359 (ii) considered by the court along with other evidence.
5360 (b) The court may require that an individual who wrote a report or prepared the
5361 material under Subsection (3)(a) to appear as a witness if the individual is reasonably available.
5362 (4) For the purpose of establishing abuse, neglect, or dependency under this chapter,
5363 the juvenile court may, in the juvenile court's discretion, consider evidence of statements made
5364 by a child under eight years old to an individual in a trust relationship.
5365 Section 96. Section 80-4-108, which is renumbered from Section 78A-6-515 is
5366 renumbered and amended to read:
5367 [
5368 proceedings.
5369 [
5370
5371
5372 [
5373 health therapist, as defined in Section 58-60-102, [
5374 qualified[
5375 (a) evaluate the mental health of, or provide mental health services to, the child; or
5376 (b) after notice and a hearing set for the specific purpose, evaluate the mental health of
5377 a parent, or provide mental health services to a parent, if the juvenile court finds from the
5378 evidence presented at the hearing that the parent's mental or emotional condition may be a
5379 factor in the parent's unfitness.
5380 (2) The juvenile court:
5381 [
5382 the reason that the therapist's recommendations in another case [
5383 follow the recommendations of the [
5384 Office of Guardian Ad Litem; and
5385 [
5386 the selection of a mental health therapist.
5387 (3) In a proceeding under this chapter, the juvenile court may appoint a physician, or a
5388 physician assistant, who the court finds to be qualified to:
5389 (a) physically examine the child; or
5390 (b) after notice and a hearing set for a specific purpose, physically examine the parent
5391 if the juvenile court finds from the evidence presented at the hearing that the parent's physical
5392 condition may be a factor in causing the parent's unfitness.
5393 (4) The division shall, with regard to a child in the division's custody:
5394 (a) take reasonable measures to notify a parent of any non-emergency health treatment
5395 or care scheduled for a child;
5396 (b) include the parent as fully as possible in making health care decisions for the child;
5397 (c) defer to the parent's reasonable and informed decisions regarding the child's health
5398 care to the extent that the child's health and well-being are not unreasonably compromised by
5399 the parent's decision; and
5400 (d) notify the parent of the child within five business days after the day on which the
5401 child receives emergency health care or treatment.
5402 (5) An examination conducted in accordance with Subsection (1) or (2) is not a
5403 privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from
5404 the general rule of privilege.
5405 [
5406 involving:
5407 (a) parents and children; or
5408 [
5409 (b) the division.
5410 Section 97. Section 80-4-109 is enacted to read:
5411 80-4-109. Consideration of cannabis during proceedings.
5412 (1) As used in this section:
5413 (a) "Cannabis" means the same as that term is defined in Section 26-61a-102.
5414 (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
5415 (c) (i) "Chronic" means repeated or patterned.
5416 (ii) "Chronic" does not mean an isolated incident.
5417 (d) "Directions of use" means the same as that term is defined in Section 26-61a-102.
5418 (e) "Dosing guidelines" means the same as that term is defined in Section 26-61a-102.
5419 (f) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
5420 (g) "Medical cannabis cardholder" means the same as that term is defined in Section
5421 26-61a-102.
5422 (h) "Qualified medical provider" means the same as that term is defined in Section
5423 26-61a-102.
5424 (2) In a proceeding under this chapter in which the juvenile court makes a finding,
5425 determination, or otherwise considers an individual's possession or use of medical cannabis, a
5426 cannabis product, or a medical cannabis device, the juvenile court may not consider or treat the
5427 individual's possession or use any differently than the lawful possession or use of any
5428 prescribed controlled substance if:
5429 (a) the individual's possession or use complies with Title 4, Chapter 41a, Cannabis
5430 Production Establishments;
5431 (b) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or
5432 (c) (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah
5433 Medical Cannabis Act; and
5434 (ii) the individual reasonably complies with the directions of use and dosing guidelines
5435 determined by the individual's qualified medical provider or through a consultation described
5436 in Subsection 26-61a-502(4) or (5).
5437 (3) In a proceeding under this chapter, a parent's or guardian's use of cannabis or a
5438 cannabis product is not abuse or neglect of a child unless there is evidence showing that:
5439 (a) the child is harmed because of the child's inhalation or ingestion of cannabis, or
5440 because of cannabis being introduced to the child's body in another manner; or
5441 (b) the child is at an unreasonable risk of harm because of chronic inhalation or
5442 ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner.
5443 (4) Unless there is harm or an unreasonable risk of harm to the child as described in
5444 Subsection (3), a parent's or guardian's use of medical cannabis or a cannabis product is not
5445 contrary to the best interests of a child if:
5446 (a) for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's
5447 possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act, and there
5448 is no evidence that the parent's or guardian's use of medical cannabis unreasonably deviates
5449 from the directions of use and dosing guidelines determined by the parent's or guardian's
5450 qualified medical provider or through a consultation described in Subsection 26-61a-502(4) or
5451 (5); or
5452 (b) before January 1, 2021, the parent's or guardian's possession or use complies with
5453 Subsection 58-37-3.7(2) or (3).
5454 (5) Subsection (3) does not prohibit a finding of abuse or neglect of a child and
5455 Subsection (3) does not prohibit a finding that a parent's or guardian's use of medical cannabis
5456 or a cannabis product is contrary to the best interests of a child, if there is evidence showing a
5457 nexus between the parent's or guardian's use of cannabis or a cannabis product and behavior
5458 that would separately constitute abuse or neglect of the child.
5459 Section 98. Section 80-4-201, which is renumbered from Section 78A-6-504 is
5460 renumbered and amended to read:
5461
5462 [
5463 (1) Any interested party, including a foster parent, may file a petition for termination of
5464 [
5465 (2) The attorney general shall file a petition for termination of parental rights under this
5466 [
5467 Section 99. Section 80-4-202, which is renumbered from Section 78A-6-505 is
5468 renumbered and amended to read:
5469 [
5470 (1) [
5471 information or belief of the petitioner:
5472 [
5473 [
5474 [
5475 [
5476 [
5477
5478
5479 (a) the information required by Utah Rules of Juvenile Procedure, Rule 17;
5480 [
5481 with Section [
5482 [
5483 to whom legal custody or guardianship of the child might be transferred.
5484 (2) [
5485 previously executed by the parent or parents [
5486 Subsection (1).
5487 Section 100. Section 80-4-203, which is renumbered from Section 78A-6-316 is
5488 renumbered and amended to read:
5489 [
5490 rights.
5491 (1) For purposes of this section, "abandoned infant" means a child who is 12 months
5492 [
5493 (a) although having legal custody of the child, fail to maintain physical custody of the
5494 child without making arrangements for the care of the child;
5495 (b) have failed to:
5496 (i) maintain physical custody; and
5497 (ii) exhibit the normal interest of a natural parent without just cause; or
5498 (c) are unwilling to have physical custody of the child.
5499 (2) Except as provided in Subsection (3), notwithstanding any other provision of this
5500 chapter or of Title 62A, Chapter 4a, Child and Family Services, the division shall file a petition
5501 for termination of parental rights with regard to:
5502 (a) an abandoned infant; or
5503 (b) the child of a parent, whenever a court has determined that the parent has:
5504 (i) committed murder or child abuse homicide of another child of that parent;
5505 (ii) committed manslaughter of another child of that parent;
5506 (iii) aided, abetted, attempted, conspired, or solicited to commit murder, child abuse
5507 homicide, or manslaughter against another child of that parent; or
5508 (iv) committed a felony assault or abuse that results in serious physical injury to:
5509 (A) another child of that parent; or
5510 (B) the other parent of the child.
5511 (3) The division is not required to file a petition for termination of parental rights under
5512 Subsection (2) if:
5513 (a) the child is being cared for by a relative;
5514 (b) the division has:
5515 (i) documented in the child's child and family plan a compelling reason for determining
5516 that filing a petition for termination of parental rights is not in the child's best interest; and
5517 (ii) made that child and family plan available to the juvenile court for [
5518 court's review; or
5519 (c) (i) the juvenile court has previously determined, in accordance with the provisions
5520 and limitations of Sections 62A-4a-201, 62A-4a-203, [
5521 and 80-3-406, that reasonable efforts to reunify the child with the child's parent or parents were
5522 required; and
5523 (ii) the division has not provided, within the time period specified in the child and
5524 family plan, services that had been determined to be necessary for the safe return of the child.
5525 Section 101. Section 80-4-204, which is renumbered from Section 78A-6-506 is
5526 renumbered and amended to read:
5527 [
5528 (1) (a) After a petition for termination of parental rights [
5529 [
5530 having legal custody of the child, and any [
5531 child; and
5532 [
5533 [
5534 [
5535 [
5536 [
5537 determines is indigent and at risk of losing the party's parental rights.
5538 (b) The notice described in Subsection (1)(a), or a separate notice subsequently issued,
5539 shall contain a statement to the effect that the rights of the parent or parents are proposed to be
5540 permanently terminated in the proceedings.
5541 (2) [
5542 question of termination of parental rights no sooner than 10 days after [
5543
5544
5545
5546
5547
5548
5549
5550 (1) is served.
5551 [
5552
5553
5554
5555
5556
5557
5558
5559 Section 102. Section 80-4-205 is enacted to read:
5560 80-4-205. Expedited hearing for temporary custody.
5561 (1) At any time after a petition for termination of parental rights is filed, the juvenile
5562 court may make an order in accordance with this chapter:
5563 (a) providing for temporary custody of the child who is the subject of the petition; or
5564 (b) that the division provide protective services to the child who is the subject of the
5565 petition if the juvenile court determines that:
5566 (i) the child is at risk of being removed from the child's home due to abuse and neglect;
5567 and
5568 (ii) the provision of protective services may make the removal described in Subsection
5569 (1)(b)(i) unnecessary.
5570 (2) (a) The juvenile court shall hold an expedited hearing to determine whether a child
5571 should be placed in temporary custody if:
5572 (i) a person files a petition for termination of parental rights;
5573 (ii) a party to the proceeding files a motion for expedited placement in temporary
5574 custody; and
5575 (iii) notice of the hearing described in this Subsection (1)(a) is served consistent with
5576 the requirements for notice of a shelter hearing under Section 80-3-301.
5577 (b) The hearing described in Subsection (2)(a):
5578 (i) shall be held within 72 hours, excluding weekends and holidays, after the time in
5579 which the motion described in Subsection (2)(a)(ii) is filed; and
5580 (ii) shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of
5581 Juvenile Procedure, Rule 13.
5582 (3) (a) The hearing and notice described in Subsection (1) are subject to:
5583 (i) Section 80-3-301;
5584 (ii) Section 80-3-302; and
5585 (iii) the Utah Rules of Juvenile Procedure.
5586 (b) After the hearing described in Subsection (1), the juvenile court may order a child
5587 placed in the temporary custody of the division.
5588 Section 103. Section 80-4-206 is enacted to read:
5589 80-4-206. Mediation.
5590 If a petition for termination of parental rights is filed, or if the matter is referred to the
5591 juvenile court under Subsection 78A-6-104(1)(c), the juvenile court may require the parties to
5592 participate in mediation in accordance with Title 78B, Chapter 6, Part 2, Alternative Dispute
5593 Resolution Act.
5594 Section 104. Section 80-4-207 is enacted to read:
5595 80-4-207. Modification of petition -- Continuance.
5596 (1) When it appears that evidence presented in a proceeding under this chapter points
5597 to material facts not alleged in the petition for termination of parental rights, the juvenile court
5598 may consider the additional or different matters raised by the evidence if the parties consent.
5599 (2) The juvenile court, by a motion of any interested party or on the juvenile court's
5600 own motion, shall direct that the petition for termination of parental rights be amended to
5601 conform to the evidence described in Subsection (1).
5602 (3) If the amendment described in Subsection (2) results in a substantial departure from
5603 the facts originally alleged in the petition for the termination of parental rights, the juvenile
5604 court shall grant a continuance as justice may require in accordance with Utah Rules of
5605 Juvenile Procedure, Rule 54.
5606 Section 105. Section 80-4-301, which is renumbered from Section 78A-6-507 is
5607 renumbered and amended to read:
5608
5609 [
5610 Findings regarding reasonable efforts.
5611 (1) Subject to the protections and requirements of Section [
5612 if the juvenile court finds termination of [
5613 view, is strictly necessary, the juvenile court may terminate all parental rights with respect to
5614 the parent if the juvenile court finds any one of the following:
5615 (a) that the parent has abandoned the child;
5616 (b) that the parent has neglected or abused the child;
5617 (c) that the parent is unfit or incompetent;
5618 (d) (i) that the child is being cared for in an out-of-home placement under the
5619 supervision of the juvenile court or the division;
5620 (ii) that the parent has substantially neglected, [
5621 unable or unwilling to remedy the circumstances that cause the child to be in an out-of-home
5622 placement; and
5623 (iii) that there is a substantial likelihood that the parent will not be capable of
5624 exercising proper and effective parental care in the near future;
5625 (e) failure of parental adjustment, as defined in this chapter;
5626 (f) that only token efforts have been made by the parent:
5627 (i) to support or communicate with the child;
5628 (ii) to prevent neglect of the child;
5629 (iii) to eliminate the risk of serious harm to the child; or
5630 (iv) to avoid being an unfit parent;
5631 (g) (i) that the parent has voluntarily relinquished the parent's parental rights to the
5632 child; and
5633 (ii) that termination is in the child's best interest;
5634 (h) that, after a period of trial during which the child was returned to live in the child's
5635 own home, the parent substantially and continuously or repeatedly refused or failed to give the
5636 child proper parental care and protection; or
5637 (i) the terms and conditions of safe relinquishment of a newborn child have been
5638 complied with, [
5639 Relinquishment of a Newborn Child.
5640 (2) The juvenile court may not terminate the parental rights of a parent because the
5641 parent has failed to complete the requirements of a child and family plan.
5642 (3) (a) Except as provided in Subsection (3)(b), in any case in which the juvenile court
5643 has directed the division to provide reunification services to a parent, the juvenile court must
5644 find that the division made reasonable efforts to provide those services before the juvenile
5645 court may terminate the parent's rights under Subsection (1)(b), (c), (d), (e), (f), or (h).
5646 (b) Notwithstanding Subsection (3)(a), the juvenile court is not required to make the
5647 finding under Subsection (3)(a) before terminating a parent's rights:
5648 (i) under Subsection (1)(b), if the juvenile court finds that the abuse or neglect occurred
5649 subsequent to adjudication; or
5650 (ii) if reasonable efforts to provide the services described in Subsection (3)(a) are not
5651 required under federal law, and federal law is not inconsistent with Utah law.
5652 Section 106. Section 80-4-302, which is renumbered from Section 78A-6-508 is
5653 renumbered and amended to read:
5654 [
5655 (1) In determining whether a parent or parents have abandoned a child, it is prima facie
5656 evidence of abandonment that the parent or parents:
5657 (a) although having legal custody of the child, have surrendered physical custody of the
5658 child, and for a period of six months following the surrender have not manifested to the child
5659 or to the person having the physical custody of the child a firm intention to resume physical
5660 custody or to make arrangements for the care of the child;
5661 (b) have failed to communicate with the child by mail, telephone, or otherwise for six
5662 months;
5663 (c) failed to have shown the normal interest of a natural parent, without just cause; or
5664 (d) have abandoned an infant, as described in [
5665 80-4-203.
5666 (2) In determining whether a parent or parents are unfit or have neglected a child the
5667 juvenile court shall consider[
5668
5669 (a) emotional illness, mental illness, or mental deficiency of the parent that renders the
5670 parent unable to care for the immediate and continuing physical or emotional needs of the child
5671 for extended periods of time;
5672 (b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive
5673 nature;
5674 (c) habitual or excessive use of intoxicating liquors, controlled substances, or
5675 dangerous drugs that render the parent unable to care for the child;
5676 (d) repeated or continuous failure to provide the child with adequate food, clothing,
5677 shelter, education, or other care necessary for the child's physical, mental, and emotional health
5678 and development by a parent or parents who are capable of providing that care;
5679 (e) whether the parent is incarcerated as a result of conviction of a felony, and the
5680 sentence is of such length that the child will be deprived of a normal home for more than one
5681 year;
5682 (f) a history of violent behavior; [
5683 (g) whether the parent has intentionally exposed the child to pornography or material
5684 harmful to a minor, as defined in Section 76-10-1201[
5685 (h) any other circumstance, conduct, or condition that the court considers relevant in
5686 the determination of whether a parent or parents are unfit or have neglected the child.
5687 (3) Notwithstanding Subsection (2)(c), the juvenile court may not discriminate against
5688 a parent because of or otherwise consider the parent's lawful possession or consumption of
5689 cannabis in a medicinal dosage form, a cannabis product, as those terms are defined in Section
5690 26-61a-102 or a medical cannabis device, in accordance with Title 26, Chapter 61a, Utah
5691 Medical Cannabis Act.
5692 (4) A parent who, legitimately practicing the parent's religious beliefs, does not provide
5693 specified medical treatment for a child is not, for that reason alone, a negligent or unfit parent.
5694 (5) (a) Notwithstanding Subsection (2), a parent may not be considered neglectful or
5695 unfit because of a health care decision made for a child by the child's parent unless the state or
5696 other party to the proceeding shows, by clear and convincing evidence, that the health care
5697 decision is not reasonable and informed.
5698 (b) Nothing in Subsection (5)(a) may prohibit a parent from exercising the right to
5699 obtain a second health care opinion.
5700 (6) If a child has been placed in the custody of the division and the parent or parents
5701 fail to comply substantially with the terms and conditions of a plan within six months after the
5702 date on which the child was placed or the plan was commenced, whichever occurs later, that
5703 failure to comply is evidence of failure of parental adjustment.
5704 (7) The following circumstances [
5705 (a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any
5706 child, due to known or substantiated abuse or neglect by the parent or parents;
5707 (b) conviction of a crime, if the facts surrounding the crime are of such a nature as to
5708 indicate the unfitness of the parent to provide adequate care to the extent necessary for the
5709 child's physical, mental, or emotional health and development;
5710 (c) a single incident of life-threatening or gravely disabling injury to or disfigurement
5711 of the child;
5712 (d) the parent has committed, aided, abetted, attempted, conspired, or solicited to
5713 commit murder or manslaughter of a child or child abuse homicide; or
5714 (e) the parent intentionally, knowingly, or recklessly causes the death of another parent
5715 of the child, without legal justification.
5716 Section 107. Section 80-4-303, which is renumbered from Section 78A-6-509 is
5717 renumbered and amended to read:
5718 [
5719 physical custody of parent.
5720 (1) If a child is not in the physical custody of the child's parent or parents, the juvenile
5721 court, in determining whether parental rights should be terminated, shall consider[
5722
5723 (a) the physical, mental, or emotional condition and needs of the child and [
5724 child's desires regarding the termination, if the juvenile court determines [
5725 sufficient capacity to express [
5726 (b) the effort the child's parent or parents have made to adjust [
5727 parents circumstances, conduct, or conditions to make it in the child's best interest to return
5728 [
5729
5730 (i) payment of a reasonable portion of substitute physical care and maintenance, if
5731 financially able;
5732 (ii) maintenance of regular parent-time or other contact with the child that was
5733 designed and carried out in a plan to reunite the child with the parent or parents; and
5734 (iii) maintenance of regular contact and communication with the custodian of the
5735 child[
5736 (c) any other factor that the juvenile court considers relevant in the determination of
5737 whether to terminate parental rights.
5738 (2) For purposes of this section, the juvenile court shall disregard incidental conduct,
5739 contributions, contacts, and communications.
5740 Section 108. Section 80-4-304, which is renumbered from Section 78A-6-510 is
5741 renumbered and amended to read:
5742 [
5743 foster home.
5744 If a child is in the custody of the division and has been placed and resides in a foster
5745 home and the division institutes proceedings under this [
5746 an ultimate goal of having the child's foster parent or parents adopt [
5747 court shall consider:
5748 (1) whether the child has become integrated into the foster family to the extent that
5749 [
5750 (2) whether the foster family is able and willing permanently to treat the child as a
5751 member of the family[
5752 [
5753 parents, and the child's ties with the foster family;
5754 [
5755 removed as compared with that of the foster family to give the child love, affection, and
5756 guidance and to continue the education of the child;
5757 [
5758 the desirability of [
5759 [
5760 [
5761 considers relevant to a particular placement of a child.
5762 Section 109. Section 80-4-305, which is renumbered from Section 78A-6-511 is
5763 renumbered and amended to read:
5764 [
5765 parental rights -- Posttermination reunification.
5766 (1) As used in this section, "relative" means:
5767 (a) an adult who is a grandparent, great-grandparent, aunt, great aunt, uncle, great
5768 uncle, brother-in-law, sister-in-law, stepparent, first cousin, sibling, or stepsibling of a child;
5769 and
5770 [
5771
5772
5773 (b) in the case of a child who is an Indian child, an extended family member as defined
5774 in 25 U.S.C. Sec. 1903.
5775 (2) Upon entry of an order under this [
5776 (a) place the child in the legal custody and guardianship of a licensed child placement
5777 agency or the division for adoption; or
5778 (b) make any other disposition of the child authorized under Section [
5779 80-3-405 .
5780 (3) Subject to the requirements of Subsections (4) and (5), all adoptable children
5781 placed in the custody of the division shall be placed for adoption.
5782 (4) If the parental rights of all parents of an adoptable child placed in the custody of the
5783 division have been terminated and a suitable adoptive placement is not already available, the
5784 juvenile court:
5785 (a) shall determine whether there is a relative who desires to adopt the child;
5786 (b) may order the division to conduct a reasonable search to determine whether there
5787 are relatives who are willing to adopt the child; and
5788 (c) shall, if a relative desires to adopt the child:
5789 (i) make a specific finding regarding the fitness of the relative to adopt the child; and
5790 (ii) place the child for adoption with that relative unless [
5791 adoption by the relative is not in the best interest of the child.
5792 (5) This section does not guarantee that a relative will be permitted to adopt the child.
5793 (6) A parent whose rights were terminated under this [
5794 child, as defined by Section [
5795 if:
5796 (a) (i) following an adoptive placement, the child's adoptive parent returns the child to
5797 the custody of the division; or
5798 (ii) the child is in the custody of the division for one year following the day on which
5799 the parent's rights were terminated, and no permanent placement has been found or is likely to
5800 be found; and
5801 (b) reunification with the child's parent, or guardianship by the child's relative, is in the
5802 best interest of the child.
5803 Section 110. Section 80-4-306, which is renumbered from Section 78A-6-512 is
5804 renumbered and amended to read:
5805 [
5806 (1) At the conclusion of the hearing in which the juvenile court orders termination of
5807 [
5808 hearing be held within 90 days after the day on which [
5809 rights are terminated[
5810 (2) At [
5811 (a) the agency or individual vested with custody of the child shall report to the juvenile
5812 court regarding the plan for permanent placement of the child[
5813 (b) the guardian ad litem shall make recommendations to the juvenile court, based on
5814 an independent investigation, for disposition meeting the best interests of the child.
5815 (3) The juvenile court may order the agency or individual vested with custody of the
5816 child to report, at appropriate intervals, on the status of the child until the plan for permanent
5817 placement of the child [
5818 Section 111. Section 80-4-307, which is renumbered from Section 78A-6-514 is
5819 renumbered and amended to read:
5820 [
5821 [
5822
5823 (1) The individual consenting to termination of parental rights or voluntarily
5824 relinquishing parental rights shall sign or confirm the consent or relinquishment under oath:
5825 (a) before a judge of any court that has jurisdiction over proceedings for termination of
5826 parental rights in this state or any other state, or a public officer appointed by that court for the
5827 purpose of taking consents or relinquishments; or
5828 (b) except as provided in Subsection (2), any person authorized to take consents or
5829 relinquishments under Subsections 78B-6-124(1) and (2).
5830 (2) Only the juvenile court is authorized to take consents or relinquishments from a
5831 parent who has any child who is in the custody of a state agency or who has a child who is
5832 otherwise under the jurisdiction of the juvenile court.
5833 (3) The court, appointed officer, or other authorized person shall certify to the best of
5834 that person's information and belief that the [
5835 relinquishment has read and understands the consent or relinquishment and has signed [
5836 consent or relinquishment freely and voluntarily.
5837 (4) A voluntary relinquishment or consent for termination of parental rights is effective
5838 when [
5839 (5) (a) The requirements and processes described in [
5840
5841 Termination of Parental Rights, do not apply to a voluntary relinquishment or consent for
5842 termination of parental rights.
5843 (b) [
5844 parental rights, the juvenile court need only find that the relinquishment or termination is in the
5845 child's best interest.
5846 (6) (a) There is a presumption that voluntary relinquishment or consent for termination
5847 of parental rights is not in the child's best interest where it appears to the juvenile court that the
5848 primary purpose for relinquishment or consent for termination is to avoid a financial support
5849 obligation.
5850 (b) The presumption described in Subsection (6)(a) may be rebutted[
5851 juvenile court finds the relinquishment or consent to termination of parental rights will
5852 facilitate the establishment of stability and permanency for the child.
5853 (7) Upon granting a voluntary relinquishment the juvenile court may make orders
5854 relating to the child's care and welfare that the juvenile court considers to be in the child's best
5855 interest.
5856 Section 112. Section 80-4-401, which is renumbered from Section 78A-6-1403 is
5857 renumbered and amended to read:
5858
5859 [
5860 duties.
5861 (1) A child, who is 12 years [
5862 on behalf of a child of any age, may file a petition to restore parental rights if:
5863 (a) 24 months have passed since the day on which the juvenile court ordered
5864 termination of [
5865 (b) the child:
5866 (i) has not been adopted and is not in an adoptive placement, or is unlikely to be
5867 adopted before the child is 18 years [
5868 (ii) was previously adopted following a termination of [
5869
5870 of the division.
5871 (2) The petition [
5872 (a) filed in the juvenile court that previously terminated [
5873 parental rights; and
5874 (b) served on the division.
5875 (3) The division shall notify and inform a child who is 12 years [
5876 and who qualifies for restoration of parental rights under Subsection (1) that the child is
5877 eligible to file a petition [
5878 (4) Upon the receipt of a petition to restore parental rights, filed by a child or an
5879 authorized representative acting on behalf of a child, the division shall:
5880 (a) make a diligent effort to locate the former parent whose rights may be restored
5881 under this part; and
5882 (b) if the former parent is found, as described in Subsection (4)(a), notify the former
5883 parent of:
5884 (i) the legal effects of restoration; and
5885 (ii) the time and date of the hearing on the petition to restore parental rights.
5886 (5) The juvenile court shall set a hearing on the petition to restore parental rights at
5887 least 30 days, but no more than 60 days, after the day on which the petition to restore parental
5888 rights is filed with the juvenile court.
5889 (6) Before the hearing described in Subsection (5), the division may submit a
5890 confidential report to the juvenile court that includes the following information:
5891 (a) material changes in circumstances since the termination of parental rights;
5892 (b) a summary of the reasons why parental rights were terminated;
5893 (c) the date on which parental rights were terminated;
5894 (d) the willingness of the former parent to resume contact with the child and have
5895 parental rights restored;
5896 (e) the ability of the former parent to be involved in the life of the child and accept
5897 physical custody of, and responsibility for, the child; and
5898 (f) any other information the division reasonably considers appropriate and
5899 determinative.
5900 (7) (a) A former parent who remedies the circumstances that resulted in the termination
5901 of the former parent's parental rights and who is capable of exercising proper and effective
5902 parental care, shall notify the division that if the circumstances described in Subsection (1) are
5903 established, the former parent desires and requests to have the former parent's parental rights
5904 restored.
5905 (b) The former parent's request to the division shall be fully and fairly considered by
5906 the division for appropriate submittal to the court.
5907 Section 113. Section 80-4-402, which is renumbered from Section 78A-6-1404 is
5908 renumbered and amended to read:
5909 [
5910 (1) The juvenile court may restore [
5911 parental rights if:
5912 (a) the child meets the requirements of Subsection [
5913 (b) considering the age and maturity of the child, the child consents to the restoration;
5914 (c) the former parent consents to the restoration; and
5915 (d) the juvenile court finds by clear and convincing evidence that restoration is in the
5916 best interest of the child.
5917 (2) In determining whether reunification under this section is appropriate and in the
5918 best interest of the child, the juvenile court shall consider:
5919 (a) whether the former parent has been sufficiently rehabilitated from the behavior that
5920 resulted in the termination of [
5921 (b) extended family support for the former parent; and
5922 (c) other material changes of circumstances, if any, that may have occurred that warrant
5923 the granting of the motion.
5924 (3) At the hearing on a petition [
5925 rights, if the former parent consents and if the juvenile court finds by clear and convincing
5926 evidence that it is in the best interest of the child, the juvenile court may:
5927 (a) allow contact between the former parent and the child, and describe the conditions
5928 under which contact may take place;
5929 (b) order that the child be placed with the former parent, in a temporary custody and
5930 guardianship relationship, to be reevaluated after the child has been placed with the former
5931 parent for six months; or
5932 (c) restore the parental rights of the parent.
5933 (4) If the juvenile court orders the child to be placed in the physical custody of the
5934 former parent under Subsection (3), the juvenile court shall specify in the order:
5935 (a) whether that custody is subject to:
5936 (i) continued evaluation by the court; or
5937 (ii) the supervision of the division; and
5938 (b) the terms and conditions of reunification.
5939 Section 114. Section 80-5-101 is enacted to read:
5940
5941
5942 80-5-101. Title.
5943 This chapter is known as "Juvenile Justice Services."
5944 Section 115. Section 80-5-102 is enacted to read:
5945 80-5-102. Definitions.
5946 As used in this chapter:
5947 (1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in
5948 Section 80-5-302.
5949 (2) (a) "Adult" means an individual who is 18 years old or older.
5950 (b) "Adult" does not include a juvenile offender.
5951 (3) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
5952 1351.1.
5953 (4) "Authority" means the Youth Parole Authority created in Section 80-5-701.
5954 (5) "Control" means the authority to detain, restrict, and supervise a juvenile offender
5955 in a manner consistent with public safety and the well-being of the juvenile offender and
5956 division employees.
5957 (6) "Director" means the director of the Division of Juvenile Justice Services.
5958 (7) "Discharge" means the same as that term is defined in Section 80-6-102.
5959 (8) "Division" means the Division of Juvenile Justice Services created in Section
5960 80-5-103.
5961 (9) "Homeless youth" means a child, other than an emancipated minor:
5962 (a) who is a runaway; or
5963 (b) who is:
5964 (i) not accompanied by the child's parent or guardian; and
5965 (ii) without care, as defined in Section 80-5-602.
5966 (10) "Observation and assessment program" means a nonresidential service program
5967 operated or purchased by the division that is responsible only for diagnostic assessment of
5968 minors, including for substance use disorder, mental health, psychological, and sexual behavior
5969 risk assessments.
5970 (11) "Performance based contracting" means a system of contracting with service
5971 providers for the provision of residential or nonresidential services that:
5972 (a) provides incentives for the implementation of evidence-based juvenile justice
5973 programs or programs rated as effective for reducing recidivism by a standardized tool in
5974 accordance with Section 63M-7-208; and
5975 (b) provides a premium rate allocation for a minor who receives the evidence-based
5976 dosage of treatment and successfully completes the program within three months.
5977 (12) "Rescission" means the same as that term is defined in Section 80-6-102.
5978 (13) "Restitution" means the same as that term is defined in Section 80-6-102.
5979 (14) "Revocation" means the same as that term is defined in Section 80-6-102.
5980 (15) "Temporary custody" means the same as that term is defined in Section 80-6-102.
5981 (16) "Temporary homeless youth shelter" means a facility that:
5982 (a) provides temporary shelter to homeless youth; and
5983 (b) is licensed by the Office of Licensing, created under Section 62A-1-105, as a
5984 residential support program.
5985 (17) "Termination" means the same as that term is defined in Section 80-6-102.
5986 (18) "Victim" means the same as that term is defined in Section 80-6-102.
5987 (19) "Work program" means a nonresidential public or private service work project
5988 established and administered by the division for juvenile offenders for the purpose of
5989 rehabilitation, education, and restitution to victims.
5990 (20) (a) "Youth services" means services provided in an effort to resolve family
5991 conflict:
5992 (i) for families in crisis when a minor is ungovernable or a runaway; or
5993 (ii) involving a minor and the minor's parent or guardian.
5994 (b) "Youth services" include efforts to:
5995 (i) resolve family conflict;
5996 (ii) maintain or reunite minors with the minors' families; and
5997 (iii) divert minors from entering or escalating in the juvenile justice system.
5998 (c) "Youth services" may provide:
5999 (i) crisis intervention;
6000 (ii) short-term shelter;
6001 (iii) time-out placement; and
6002 (iv) family counseling.
6003 (21) "Youth services center" means a center established by, or under contract with, the
6004 division to provide youth services.
6005 Section 116. Section 80-5-103, which is renumbered from Section 62A-7-102 is
6006 renumbered and amended to read:
6007 [
6008 (1) There is created the Division of Juvenile Justice Services within the department[
6009 (2) The division shall be under the administration and supervision of the executive
6010 director of the department.
6011 [
6012
6013 Section 117. Section 80-5-104, which is renumbered from Section 62A-7-103 is
6014 renumbered and amended to read:
6015 [
6016 Responsibility.
6017 [
6018 (1) The executive director of the department shall appoint the director of the division.
6019 (2) The director shall have a bachelor's degree from an accredited university or college,
6020 be experienced in administration, and be knowledgeable in [
6021 (3) The director is the administrative head of the division.
6022 Section 118. Section 80-5-201, which is renumbered from Section 62A-7-104 is
6023 renumbered and amended to read:
6024
6025 [
6026 (1) The division is responsible for all [
6027 division by juvenile courts [
6028
6029 (2) The division shall:
6030 (a) establish and administer a continuum of community, secure, and nonsecure
6031 programs for all [
6032 (b) establish and maintain all detention and secure care facilities and set minimum
6033 standards for [
6034 (c) establish and operate prevention and early intervention youth services programs for
6035 nonadjudicated [
6036 (d) establish observation and assessment programs necessary to serve [
6037
6038 [
6039 (e) place [
6040 80-6-703 in the most appropriate program for supervision and treatment[
6041 [
6042
6043
6044
6045
6046 [
6047
6048 [
6049 (f) employ staff necessary to:
6050 [
6051
6052 [
6053 to the division for placement in community-based programs; and
6054 [
6055 with the division for temporary services in juvenile receiving centers, youth services, and other
6056 programs established by the division[
6057 [
6058
6059
6060
6061
6062
6063 [
6064
6065
6066 [
6067 (g) control or detain a minor committed to the division, or in the temporary custody of
6068 the division, in a manner that is consistent with public safety and rules made by the division;
6069 (h) establish and operate [
6070
6071
6072 (i) are not residential;
6073 [
6074 facilities, parks, highways, and other programs designated by the division;
6075 [
6076 Board of Education for [
6077 [
6078 [
6079 (i) establish minimum standards for the operation of all private residential and
6080 nonresidential rehabilitation facilities that provide services to [
6081 committed [
6082 [
6083 (j) provide regular training for [
6084 staff, case management staff, and staff of the community-based programs[
6085 [
6086
6087
6088
6089 [
6090
6091
6092 [
6093 (k) designate employees to obtain the saliva DNA specimens required under Section
6094 53-10-403[
6095 (l) ensure that the designated employees receive appropriate training and that the
6096 specimens are obtained in accordance with accepted protocol[
6097 [
6098 (m) register an individual with the Department of Corrections who:
6099 [
6100 or 77-43-102(2);
6101 [
6102 [
6103 30 days before the individual's 21st birthday; or
6104 [
6105 30 days before the individual's 25th birthday[
6106 [
6107 (n) ensure that a program delivered to a [
6108 [
6109 (3) (a) The division is authorized to employ special function officers, as defined in
6110 Section 53-13-105 to:
6111 (i) locate and apprehend minors who have absconded from division custody;
6112 (ii) transport minors taken into custody in accordance with division policy;
6113 (iii) investigate cases; and
6114 (iv) carry out other duties as assigned by the division.
6115 (b) A special function officer may be:
6116 (i) employed through a contract with the Department of Public Safety, or any law
6117 enforcement agency certified by the Peace Officer Standards and Training Division; or
6118 (ii) directly hired by the division.
6119 (4) In the event of an unauthorized leave from secure care, detention, a
6120 community-based program, a juvenile receiving center, a home, or any other designated
6121 placement of a minor, a division employee has the authority and duty to locate and apprehend
6122 the minor, or to initiate action with a local law enforcement agency for assistance.
6123 Section 119. Section 80-5-202 is enacted to read:
6124 80-5-202. Division rulemaking authority.
6125 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6126 division shall make rules:
6127 (a) establishing standards for the admission of a minor to detention;
6128 (b) that describe good behavior for which credit may be earned under Subsection
6129 80-6-704(4); and
6130 (c) that establish a formula, in consultation with the Office of the Legislative Fiscal
6131 Analyst, to calculate savings from General Fund appropriations under 2017 Laws of Utah,
6132 Chapter 330, resulting from the reduction in out-of-home placements for juvenile offenders
6133 with the division.
6134 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6135 division may make rules:
6136 (a) that govern the operation of prevention and early intervention programs, youth
6137 service programs, juvenile receiving centers, and other programs described in Section
6138 80-5-401; and
6139 (b) that govern the operation of detention and secure care facilities.
6140 (3) A rule made by the division under Subsection (1)(a):
6141 (a) may not permit secure detention based solely on the existence of multiple status
6142 offenses, misdemeanors, or infractions arising out of a single criminal episode; and
6143 (b) shall prioritize use of home detention for a minor who might otherwise be held in
6144 secure detention.
6145 Section 120. Section 80-5-203, which is renumbered from Section 78A-6-124 is
6146 renumbered and amended to read:
6147 [
6148 (1) The [
6149 Administrative Office of the Courts, shall develop or adopt, and validate on the Utah juvenile
6150 population, a statewide detention risk assessment tool.
6151 (2) (a) The [
6152 detention risk assessment tool for each [
6153
6154
6155 (b) A designated individual who has completed training to conduct the detention risk
6156 assessment tool shall administer the detention risk assessment tool.
6157 (3) The [
6158 of the Courts shall establish a scoring system to inform eligibility for placement of a minor in a
6159 [
6160 Section 121. Section 80-5-204, which is renumbered from Section 62A-7-106.5 is
6161 renumbered and amended to read:
6162 [
6163 (1) (a) The division shall:
6164 (i) annually review all programs and facilities that provide services to [
6165
6166 other state, which would constitute a felony or misdemeanor if committed by an adult[
6167 (ii) license [
6168 (1)(a)(i) that are in compliance with standards established by the division .
6169 (b) The division shall provide [
6170
6171 [
6172 (c) A program or facility that is unable or unwilling to comply with the standards
6173 established by the division may not be licensed.
6174 (2) Any private facility or program providing services under this chapter that willfully
6175 fails to comply with the standards established by the division is guilty of a class B
6176 misdemeanor.
6177 Section 122. Section 80-5-205, which is renumbered from Section 62A-7-107.5 is
6178 renumbered and amended to read:
6179 [
6180 (1) This chapter does not prohibit the division from contracting with private providers
6181 or other agencies for:
6182 (a) the construction, operation, and maintenance of juvenile facilities; or
6183 (b) the provision of care, treatment, and supervision of [
6184 have been committed to [
6185 (2) All programs for the care, treatment, and supervision of [
6186 committed to the division shall be licensed in compliance with division standards within six
6187 months after commencing operation.
6188 (3) A contract for the care, treatment, and supervision of a [
6189 committed to the division shall be executed in accordance with the performance-based
6190 contracting system developed under Section 63M-7-208.
6191 Section 123. Section 80-5-206, which is renumbered from Section 62A-7-108.5 is
6192 renumbered and amended to read:
6193 [
6194 (1) All records maintained by programs that are under contract with the division to
6195 provide services to [
6196 returned to the division when the [
6197 (2) The division shall maintain an accurate audit trail of information provided to other
6198 programs or agencies regarding [
6199 Section 124. Section 80-5-207, which is renumbered from Section 62A-7-109.5 is
6200 renumbered and amended to read:
6201 [
6202 (1) (a) The division shall make reasonable efforts to ensure that restitution is made to
6203 the victim of a [
6204 (b) Except as provided in Subsection (1)(c), restitution shall be made through the
6205 employment of [
6206 (c) Reimbursement to the victim of a [
6207 [
6208 [
6209
6210 [
6211 through the employment of [
6212 to the division, in a work program.
6213 Section 125. Section 80-5-208, which is renumbered from Section 62A-7-403 is
6214 renumbered and amended to read:
6215 [
6216 secure care.
6217 (1) When a [
6218 care is pregnant, the division shall:
6219 (a) ensure that adequate prenatal and postnatal care is provided[
6220 (b) place the [
6221 (2) As soon as the [
6222 [
6223 [
6224
6225
6226 (a) secure detention if the minor was placed in secure detention; or
6227 (b) secure care if the minor was committed to secure care.
6228 (3) If the division has concerns regarding the minor's fitness to raise the minor's child,
6229 the division shall make a referral for services for the minor and the minor's child to the
6230 Division of Child and Family Services.
6231 Section 126. Section 80-5-301, which is renumbered from Section 62A-7-104.5 is
6232 renumbered and amended to read:
6233
6234 [
6235 centers.
6236 Funding for juvenile receiving centers and youth services programs under this part is
6237 intended to be broad based, be provided by an appropriation by the Legislature to the division,
6238 and include federal grant money, local government money, and private donations.
6239 Section 127. Section 80-5-302, which is renumbered from Section 62A-7-112 is
6240 renumbered and amended to read:
6241 [
6242 (1) There is created in the General Fund a restricted account known as the "Juvenile
6243 Justice Reinvestment Restricted Account."
6244 (2) The account shall be funded by savings calculated from General Fund
6245 appropriations by the Division of Finance as described in Subsection (3).
6246 (3) At the end of the fiscal year, the Division of Finance shall:
6247 (a) use the formula established in [
6248 80-5-202(1)(c) to calculate the savings from General Fund appropriations; and
6249 (b) lapse the calculated savings into the account.
6250 (4) Upon appropriation by the Legislature, the department may expend funds from the
6251 account:
6252 (a) for the statewide expansion of nonresidential community-based programs,
6253 including:
6254 (i) receiving centers;
6255 (ii) mobile crisis outreach teams [
6256 (iii) youth courts under Title 80, Chapter 6, Part 9, Youth Court; and
6257 (iv) victim-offender mediation under Section 80-6-304 and Subsection 80-6-710(7);
6258 (b) for nonresidential evidence-based programs and practices in cognitive, behavioral,
6259 and family therapy;
6260 (c) to implement:
6261 (i) nonresidential diagnostic assessment; and
6262 (ii) nonresidential early intervention programs, including family strengthening
6263 programs, family wraparound services, and truancy interventions; or
6264 (d) for infrastructure in nonresidential evidence-based juvenile justice programs,
6265 including staffing and transportation.
6266 Section 128. Section 80-5-303, which is renumbered from Section 62A-7-113 is
6267 renumbered and amended to read:
6268 [
6269 Restricted Account.
6270 [
6271
6272
6273
6274
6275 [
6276 Executive Offices and Criminal Justice Appropriations Subcommittee a written report of the
6277 division's activities under [
6278 Section 80-5-302, including:
6279 [
6280 from General Fund appropriations under Subsection [
6281 [
6282 division for the previous fiscal year;
6283 [
6284 Subsection [
6285 [
6286 Section 129. Section 80-5-401, which is renumbered from Section 62A-7-601 is
6287 renumbered and amended to read:
6288
6289 [
6290 intervention -- Program standards -- Program services.
6291 (1) The division shall establish and operate prevention and early intervention youth
6292 services programs.
6293 (2) The division shall adopt statewide policies and procedures, including minimum
6294 standards for the organization and operation of youth services programs.
6295 (3) The division shall establish housing, programs, and procedures to ensure that
6296 [
6297
6298
6299 (4) The division may enter into contracts with state and local governmental entities and
6300 private providers to provide the youth services.
6301 (5) The division shall establish and administer juvenile receiving centers and other
6302 programs to provide temporary custody, care, risk-needs assessments, evaluations, and control
6303 for nonadjudicated and adjudicated [
6304 (6) The division shall prioritize use of evidence-based juvenile justice programs and
6305 practices.
6306 Section 130. Section 80-5-402, which is renumbered from Section 62A-7-701 is
6307 renumbered and amended to read:
6308 [
6309 (1) (a) The division shall operate residential and nonresidential community-based
6310 programs to provide care, treatment, and supervision for [
6311 to the division by juvenile courts.
6312 (b) The division shall operate or contract for nonresidential community-based
6313 programs and independent living programs to provide care, treatment, and supervision of
6314 paroled juvenile offenders.
6315 (2) The division shall adopt minimum standards for the organization and operation of
6316 community-based [
6317 (3) The division shall place [
6318 community-based programs in the most appropriate program based upon the division's
6319 evaluation of the [
6320 accordance with Sections [
6321 Section 131. Section 80-5-403, which is renumbered from Section 62A-7-702 is
6322 renumbered and amended to read:
6323 [
6324 (1) The division shall provide a sufficient number of case management staff members
6325 to provide care, treatment, and supervision for juvenile offenders on parole and for [
6326
6327 programs.
6328 (2) (a) Case management staff shall develop treatment programs for each [
6329
6330 progress.
6331 (b) Progress reports shall be filed every three months with:
6332 (i) the juvenile court for each [
6333 community-based programs; and [
6334 (ii) the authority for each [
6335 (c) The authority, in the case of [
6336 court, in the case of [
6337 programs, shall be immediately notified, in writing, of any violation of law or of conditions of
6338 parole or placement.
6339 (3) Case management staff shall:
6340 (a) conduct investigations and make reports requested by [
6341 to aid [
6342 (b) conduct investigations and make reports requested by the authority to aid [
6343 authority in making appropriate dispositions in cases of parole, revocation, and termination.
6344 Section 132. Section 80-5-501, which is renumbered from Section 62A-7-202 is
6345 renumbered and amended to read:
6346
6347 [
6348 (1) The division shall provide detention facilities and services in each county, or group
6349 of counties, as the population demands, in accordance with this chapter.
6350 (2) (a) The division is responsible for development, implementation, and
6351 administration of home detention services available in every judicial district[
6352 (b) The division shall establish criteria for placement [
6353 [
6354
6355
6356 [
6357
6358 [
6359 made under Subsection 80-5-202(1)(a) to law enforcement agencies, division employees,
6360 juvenile court employees, and other affected agencies and individuals upon their request.
6361 Section 133. Section 80-5-502, which is renumbered from Section 62A-7-203 is
6362 renumbered and amended to read:
6363 [
6364 (1) The division may issue requests for proposals to allow for the private construction
6365 of facilities suitable to meet the detention requirements of any county or group of counties,
6366 subject to approval by the governor.
6367 (2) The governor shall furnish an analysis of the benefits of the proposals received to
6368 the Infrastructure and General Government Appropriations Subcommittee for [
6369 subcommittee's review.
6370 Section 134. Section 80-5-503, which is renumbered from Section 62A-7-401.5 is
6371 renumbered and amended to read:
6372 [
6373 (1) The division shall maintain and operate [
6374 the custody and rehabilitation of juvenile offenders:
6375 (a) who pose a danger of serious bodily harm to others[
6376 (b) who cannot be controlled in a less secure setting[
6377 (c) who have engaged in a pattern of conduct characterized by persistent and serious
6378 criminal offenses [
6379 controlled in a less secure setting.
6380 (2) (a) The director shall appoint an administrator for each [
6381 facility.
6382 (b) An administrator of a secure care facility shall have experience in social work, law,
6383 criminology, corrections, or a related field, and [
6384 (3) (a) (i) The division, in cooperation with the State Board of Education, shall provide
6385 instruction, or make instruction available, to juvenile offenders in secure care facilities.
6386 (ii) The instruction shall be appropriate to the age, needs, and range of abilities of the
6387 juvenile offender.
6388 (b) [
6389 (i) assess each juvenile offender [
6390 juvenile offender's abilities, possible learning disabilities, interests, attitudes, and other
6391 attributes related to appropriate educational programs[
6392 [
6393 (ii) provide prevocational education to juvenile offenders to acquaint juvenile
6394 offenders with vocations, and vocational requirements and opportunities.
6395 (4) The division shall place juvenile offenders who have been committed to the
6396 division for [
6397 care facility, operated by the division or by a private entity, that is appropriate to ensure that
6398 humane care and rehabilitation opportunities are afforded to the juvenile offender.
6399 (5) The division shall adopt standards, policies, and procedures for the regulation and
6400 operation of secure care facilities, consistent with state and federal law.
6401 Section 135. Section 80-5-601, which is renumbered from Section 62A-4a-501 is
6402 renumbered and amended to read:
6403
6404 [
6405 Division of Child and Family Services to provide assistance -- Affirmative defense --
6406 Providing shelter after notice.
6407 [
6408 [
6409 [
6410 [
6411 [
6412 [
6413 [
6414 [
6415 [
6416
6417
6418 [
6419 [
6420 [
6421
6422 [
6423
6424
6425 (1) As used in this section, "harbor" means to provide shelter in:
6426 (a) the home of the person who is providing shelter; or
6427 (b) any structure over which the person providing the shelter has any control.
6428 (2) Except as provided in Subsection (3), a person[
6429
6430 (a) knowingly and intentionally harbors a child;
6431 (b) knows at the time of harboring the child that the child is a runaway;
6432 (c) fails to notify one of the following, by telephone or other reasonable means, of the
6433 location of the child:
6434 (i) the parent or [
6435 (ii) the division; or
6436 (iii) a youth services center; and
6437 (d) fails to notify a person described in Subsection (2)(c) within eight hours after the
6438 later of:
6439 (i) the time that the person becomes aware that the child is a runaway; or
6440 (ii) the time that the person begins harboring the child.
6441 (3) A person described in Subsection (2)[
6442
6443 Subsections (2)(c) and (d), if:
6444 (a) (i) a court order is issued authorizing a peace officer to take the child into custody;
6445 and
6446 (ii) the person notifies a peace officer [
6447
6448 of the location of the child, within eight hours after the later of:
6449 (A) the time that the person becomes aware that the child is a runaway; or
6450 (B) the time that the person begins harboring the child; or
6451 (b) (i) the child is a runaway who consents to shelter, care, or licensed services under
6452 Section [
6453 (ii) (A) the person is unable to locate the child's parent or [
6454 (B) the child refuses to disclose the contact information for the child's parent or [
6455 guardian.
6456 (4) A person described in Subsection (2)[
6457
6458 (a) if the person has an obligation under Section 62A-4a-403 to report child abuse or
6459 neglect; or
6460 (b) if, within 48 hours after the person begins harboring the child:
6461 (i) the person continues to harbor the child; and
6462 (ii) the person does not make direct contact with:
6463 (A) a parent or legal guardian of the child;
6464 (B) the division;
6465 (C) a youth services center; or
6466 (D) a peace officer or the nearest [
6467 detention facility if a court order is issued authorizing a peace officer to take the child into
6468 custody.
6469 (5) It is an affirmative defense to the crime described in Subsection (2) that:
6470 (a) the person failed to provide notice as described in Subsection (2) or (3) due to
6471 circumstances beyond the control of the person providing the shelter; and
6472 (b) the person provided the notice described in Subsection (2) or (3) as soon as it was
6473 reasonably practicable to provide the notice.
6474 (6) Upon receipt of a report that a runaway is being harbored by a person:
6475 (a) a youth services center shall:
6476 (i) notify the [
6477 and
6478 (ii) inform the [
6479 from the youth services center; or
6480 (b) the division shall:
6481 (i) make a referral to the Division of Child and Family Services to determine whether
6482 the runaway is abused, neglected, or dependent; and
6483 (ii) if appropriate, make a referral for services for the runaway.
6484 (7) (a) A parent or [
6485 being harbored may notify a law enforcement agency and request assistance in retrieving the
6486 runaway.
6487 (b) The local law enforcement agency may assist the parent or [
6488 retrieving the runaway.
6489 (8) Nothing in this section prohibits a person[
6490
6491 Subsections (2) through (4), if:
6492 (a) a parent or [
6493 continued provision of shelter; or
6494 (b) a peace officer or a parent or [
6495 fails to retrieve the runaway.
6496 (9) Nothing in this section prohibits a person [
6497 from providing shelter to a child whose parent or [
6498 (a) ceased to maintain physical custody of the child; and
6499 (b) failed to make reasonable arrangements for the safety, care, and physical custody of
6500 the child.
6501 (10) Nothing in this section prohibits:
6502 (a) a juvenile receiving center or a youth services center from providing shelter to a
6503 runaway in accordance with the requirements of [
6504
6505 center; or
6506 (b) a government agency from taking custody of a child as otherwise provided by law.
6507 Section 136. Section 80-5-602, which is renumbered from Section 62A-4a-502 is
6508 renumbered and amended to read:
6509 [
6510 services by a homeless youth.
6511 (1) As used in this section:
6512 (a) "Care" means providing:
6513 (i) assistance to obtain food, clothing, hygiene products, or other basic necessities;
6514 (ii) access to a bed, showering facility, or transportation; or
6515 (iii) assistance with school enrollment or attendance.
6516 [
6517 [
6518 shelter, a youth services center, or other facility that is licensed to provide the service to a
6519 homeless youth.
6520 [
6521 (i) youth services[
6522 (ii) child welfare or juvenile court case management or advocacy;
6523 (iii) aftercare services[
6524 (iv) independent living skills training.
6525 [
6526
6527 [
6528
6529 (2) A homeless youth may consent to temporary shelter, care, or licensed services if the
6530 homeless youth:
6531 (a) is at least 15 years old; and
6532 (b) manages the homeless youth's own financial affairs, regardless of the source of
6533 income.
6534 (3) In determining consent under Subsection (2), a person may rely on the homeless
6535 youth's verbal or written statement describing the homeless youth's ability to consent to
6536 temporary shelter, care, or licensed services.
6537 (4) A person who provides shelter, care, or licensed services to a homeless youth who
6538 consents to the shelter, care, or licensed services under Subsection (2):
6539 (a) shall report to the division as required under [
6540 [
6541 (b) may provide the homeless youth a referral to safe permanent housing, employment
6542 services, medical or dental care, or counseling.
6543 Section 137. Section 80-5-603, which is renumbered from Section 78A-6-117.5 is
6544 renumbered and amended to read:
6545 [
6546 for services.
6547 [
6548
6549
6550 [
6551
6552 [
6553
6554
6555 [
6556 (1) If a juvenile court finds that a child is ungovernable or a runaway, [
6557
6558
6559 assessment to determine [
6560 provide prevention and early intervention youth services, as described in Section [
6561
6562 [
6563 provision of prevention and early intervention youth services is appropriate under Subsection
6564 [
6565 the ungovernable or runaway child.
6566 Section 138. Section 80-5-701, which is renumbered from Section 62A-7-501 is
6567 renumbered and amended to read:
6568
6569 [
6570 (1) There is created the Youth Parole Authority within the division.
6571 (2) (a) The authority is composed of 10 part-time members and five pro tempore
6572 members who are residents of this state.
6573 (b) No more than three pro tempore members may serve on the authority at any one
6574 time.
6575 [
6576
6577 [
6578
6579 [
6580
6581
6582 [
6583
6584 [
6585
6586 [
6587 [
6588
6589 [
6590 [
6591 [
6592
6593 [
6594
6595 [
6596
6597 [
6598 [
6599 [
6600
6601 [
6602
6603 [
6604
6605
6606
6607
6608 [
6609
6610 [
6611
6612
6613 Section 139. Section 80-5-702 is enacted to read:
6614 80-5-702. Member qualifications -- Expenses.
6615 (1) As used in this section, "member" means both a part-time member and a pro
6616 tempore member of the authority.
6617 (2) (a) Except as required by Subsection (2)(b), the governor, with the advice and
6618 consent of the Senate, shall appoint members to four-year terms.
6619 (b) The governor shall, at the time of appointment or reappointment, adjust the length
6620 of terms to ensure that the terms of members are staggered so that approximately half of the
6621 authority is appointed every two years.
6622 (3) A member shall have training or experience in social work, law, juvenile or
6623 criminal justice, or related behavioral sciences.
6624 (4) When a vacancy occurs in the membership for any reason, the replacement member
6625 shall be appointed for the unexpired term.
6626 (5) During the tenure of the member's appointment, a member may not:
6627 (a) be an employee of the department, other than in the member's capacity as a member
6628 of the authority;
6629 (b) hold any public office;
6630 (c) hold any position in the state's juvenile justice system; or
6631 (d) be an employee, officer, advisor, policy board member, or subcontractor of any
6632 juvenile justice agency or the juvenile justice agency's contractor.
6633 (6) In extraordinary circumstances or when a regular member is absent or otherwise
6634 unavailable, the chair may assign a pro tempore member to act in the absent member's place.
6635 (7) A member may not receive compensation or benefits for the member's service but
6636 may receive per diem and travel expenses in accordance with:
6637 (a) Section 63A-3-106;
6638 (b) Section 63A-3-107; and
6639 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
6640 63A-3-107.
6641 Section 140. Section 80-5-703 is enacted to read:
6642 80-5-703. Authority responsibilities -- Administrative officer of the authority.
6643 (1) The authority is responsible for:
6644 (a) the release of a juvenile offender from secure care; and
6645 (b) the rescission, revocation, and termination of parole for a juvenile offender.
6646 (2) In accordance with Chapter 6, Part 8, Commitment and Parole, the authority shall:
6647 (a) determine when and under what conditions a juvenile offender in secure care is
6648 eligible for parole;
6649 (b) establish policies and procedures regarding:
6650 (i) the authority's governance, meetings, and hearings;
6651 (ii) the conduct of proceedings before the authority;
6652 (iii) the parole of a juvenile offender; and
6653 (iv) for which parole for a juvenile offender may be granted, rescinded, revoked,
6654 modified, and terminated; and
6655 (c) determine appropriate parole dates for juvenile offenders.
6656 (3) The division's case management staff shall:
6657 (a) implement plans for parole; and
6658 (b) supervise a juvenile offender on parole.
6659 (4) The division shall:
6660 (a) permit the authority to have reasonable access to a juvenile offender in secure care;
6661 and
6662 (b) furnish all pertinent data requested by the authority in matters of parole, revocation,
6663 and termination.
6664 (5) The director shall appoint an administrative officer of the authority.
6665 (6) The administrative officer is responsible for the day to day operations of the
6666 authority.
6667 (7) The authority and the administrative officer have power to:
6668 (a) issue subpoenas;
6669 (b) compel attendance of witnesses;
6670 (c) compel production of books, papers and other documents; and
6671 (d) administer oaths and take testimony under oath for the purposes of conducting the
6672 hearings.
6673 (8) The administrative officer shall maintain summary records of all hearings and
6674 provide written notice to the juvenile offender of a decision and the reason for the decision.
6675 Section 141. Section 80-6-101 is enacted to read:
6676
6677 80-6-101. Title.
6678 This chapter is known as "Juvenile Justice."
6679 Section 142. Section 80-6-102 is enacted to read:
6680 80-6-102. Definitions.
6681 As used in this chapter:
6682 (1) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
6683 1351.1.
6684 (2) "Authority" means the Youth Parole Authority created in Section 80-5-701.
6685 (3) "Commission" means the State Commission on Criminal and Juvenile Justice
6686 created in Section 63M-7-201.
6687 (4) "Compensatory service" means service or unpaid work performed by a minor in
6688 lieu of the payment of a fine, fee, or restitution.
6689 (5) "Control" means the same as that term is defined in Section 80-5-102.
6690 (6) "Detention hearing" means a proceeding under Section 80-6-207 to determine
6691 whether a minor should remain in detention.
6692 (7) "Detention guidelines" means standards, established by the division in accordance
6693 with Subsection 80-5-202(1)(a), for the admission of a minor to detention.
6694 (8) "Discharge" means a written order of the authority that removes a juvenile offender
6695 from the authority's jurisdiction.
6696 (9) "Division" means the Division of Juvenile Justice Services created in Section
6697 80-5-103.
6698 (10) "Formal referral" means a written report from a peace officer, or other person,
6699 informing the juvenile court that:
6700 (a) an offense committed by a minor is, or appears to be, within the juvenile court's
6701 jurisdiction; and
6702 (b) the minor's case must be reviewed by a juvenile probation officer or a prosecuting
6703 attorney.
6704 (11) "Material loss" means an uninsured:
6705 (a) property loss;
6706 (b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;
6707 (c) lost wages because of an injury, time spent as a witness, or time spent assisting the
6708 police or prosecution; or
6709 (d) medical expense.
6710 (12) "Referral" means a formal referral under Section 80-6-301, a referral to the
6711 juvenile court under Section 53G-8-211, or a citation issued to a minor for which the juvenile
6712 court receives notice under Section 80-6-302.
6713 (13) "Rescission" means a written order of the authority that rescinds a date for parole.
6714 (14) "Restitution" means money or services that the juvenile court, or a juvenile
6715 probation officer if the minor agrees to a nonjudicial adjustment, orders a minor to pay or
6716 render to a victim for the minor's wrongful act or conduct.
6717 (15) "Revocation" means a written order of the authority that, after a hearing and
6718 determination under Section 80-6-806:
6719 (a) terminates supervision of a juvenile offender's parole; and
6720 (b) directs a juvenile offender to return to secure care.
6721 (16) "Temporary custody" means the control and responsibility of a minor, before an
6722 adjudication under Section 80-6-701, until the minor is released to a parent, guardian,
6723 responsible adult, or to an appropriate agency.
6724 (17) "Termination" means a written order of the authority that terminates a juvenile
6725 offender from parole.
6726 (18) (a) "Victim" means a person that the juvenile court determines suffered a material
6727 loss as a result of a minor's wrongful act or conduct.
6728 (b) "Victim" includes:
6729 (i) any person directly harmed by the minor's wrongful act or conduct in the course of
6730 the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that
6731 involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and
6732 (ii) the Utah Office for Victims of Crime.
6733 (19) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
6734 (20) "Work program" means the same as that term is defined in Section 80-5-102.
6735 (21) "Youth services" means the same as that term is defined in Section 80-5-102.
6736 Section 143. Section 80-6-103 is enacted to read:
6737 80-6-103. Notification to a school -- Civil and criminal liability.
6738 (1) As used in this section:
6739 (a) "School official" means:
6740 (i) the school superintendent of the district in which the minor resides or attends
6741 school; or
6742 (ii) if there is no school superintendent for the school, the principal of the school where
6743 the minor attends.
6744 (b) "Transferee school official" means:
6745 (i) the school superintendent of the district in which the minor resides or attends school
6746 if the minor is admitted to home detention; or
6747 (ii) if there is no school superintendent for the school, the principal of the school where
6748 the minor attends if the minor is admitted to home detention.
6749 (2) A notification under this section is provided for a minor's supervision and student
6750 safety.
6751 (3) (a) (i) If a minor is taken into temporary custody under Section 80-6-201, or
6752 admitted to a detention facility under Section 80-6-205, for a violent felony, or an offense in
6753 violation of Title 76, Chapter 10, Part 5, Weapons, the peace officer, or other person who has
6754 taken the minor into temporary custody, shall notify a school official as soon as practicable or
6755 as established under Subsection 53G-8-402(2).
6756 (ii) A notification under this section shall only disclose:
6757 (A) the name of the minor;
6758 (B) the offense for which the minor was taken into temporary custody or admitted to
6759 detention; and
6760 (C) if available, the name of the victim if the victim resides in the same school district
6761 as the minor or attends the same school as the minor.
6762 (b) After a detention hearing for a minor who is alleged to have committed a violent
6763 felony, or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the juvenile court
6764 shall order that a school official, or a transferee school official, and the appropriate local law
6765 enforcement agency are notified of the juvenile court's decision, including any disposition,
6766 order, or no-contact order.
6767 (4) If a designated staff member of a detention facility admits a minor to home
6768 detention under Section 80-6-205 and notifies the juvenile court of that admission, the juvenile
6769 court shall order that a school official, or a transferee school official, and the appropriate local
6770 law enforcement agency are notified that the minor has been admitted to home detention.
6771 (5) (a) If the juvenile court adjudicates a minor for an offense of violence or an offense
6772 in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall order that a school
6773 official, or a transferee school official, is notified of the adjudication.
6774 (b) A notification under Subsection (5)(a) shall be given to a school official, or a
6775 transferee school official, within three days after the day on which the minor is adjudicated.
6776 (c) A notification under this section shall include:
6777 (i) the name of the minor;
6778 (ii) the offense for which the minor was adjudicated; and
6779 (iii) if available, the name of the victim if the victim:
6780 (A) resides in the same school district as the minor; or
6781 (B) attends the same school as the minor.
6782 (6) If the juvenile court orders probation under Section 80-6-702, the juvenile court
6783 may order that the appropriate local law enforcement agency and the school official are notified
6784 of the juvenile court's order for probation.
6785 (7) (a) An employee of the local law enforcement agency, or the school the minor
6786 attends, who discloses a notification under this section is not:
6787 (i) civilly liable except when the disclosure constitutes fraud or willful misconduct as
6788 provided in Section 63G-7-202; and
6789 (ii) civilly or criminally liable except when the disclosure constitutes a knowing
6790 violation of Section 63G-2-801.
6791 (b) An employee of a governmental agency is immune from any criminal liability for
6792 failing to provide the information required by this section, unless the employee fails to act due
6793 to malice, gross negligence, or deliberate indifference to the consequences.
6794 (8) (a) A notification under this section shall be classified as a protected record under
6795 Section 63G-2-305.
6796 (b) All other records of disclosures under this section are governed by Title 63G,
6797 Chapter 2, Government Records Access and Management Act, and the Family Educational
6798 Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
6799 Section 144. Section 80-6-201, which is renumbered from Section 78A-6-112 is
6800 renumbered and amended to read:
6801
6802 [
6803 officer, private citizen, or probation officer -- Grounds -- Protective custody.
6804 (1) A minor may be taken into temporary custody by a peace officer without a court
6805 order, or a warrant under Section 80-6-202, if the peace officer has probable cause to believe
6806 that:
6807 (a) the minor has committed an offense under municipal, state, or federal law;
6808 [
6809
6810 [
6811 [
6812 [
6813 [
6814
6815 (b) the minor seriously endangers the minor's own welfare or the welfare of others and
6816 taking the minor into temporary custody appears to be necessary for the protection of the minor
6817 or others;
6818 [
6819 custodian; or
6820 [
6821 (i) subject to the state's compulsory education law; and
6822 (ii) subject to Section 53G-6-208, absent from school without legitimate or valid
6823 excuse[
6824 (2) [
6825 custody if under the circumstances the private citizen [
6826 citizen's arrest under Section 77-7-3 if the minor was an adult.
6827 [
6828 [
6829 [
6830 violated the conditions of the minor's probation[
6831 [
6832 [
6833 [
6834
6835
6836 [
6837
6838
6839 [
6840
6841
6842
6843
6844
6845 [
6846 [
6847 [
6848 [
6849 [
6850 [
6851 [
6852 [
6853
6854
6855 [
6856
6857
6858 [
6859
6860
6861 [
6862
6863
6864 [
6865
6866 [
6867
6868
6869 [
6870 [
6871 [
6872 [
6873
6874
6875 [
6876
6877
6878
6879 [
6880 [
6881 [
6882 [
6883
6884 [
6885
6886
6887
6888
6889
6890 [
6891
6892 [
6893
6894 [
6895
6896 [
6897
6898
6899 [
6900 [
6901 [
6902 [
6903 [
6904 [
6905
6906
6907 [
6908
6909 [
6910 [
6911 [
6912
6913
6914
6915
6916 [
6917 [
6918 [
6919
6920 (4) (a) Nothing in this part shall be construed to prevent a peace officer or the Division
6921 of Child and Family Services from taking a minor into protective custody under Section
6922 62A-4a-202.1 or 80-3-204.
6923 (b) If a peace officer or the Division of Child and Family Services takes a minor into
6924 protective custody, the provisions of Chapter 3, Abuse, Neglect, and Dependency Proceedings,
6925 and Title 62A, Chapter 4a, Child and Family Services, shall govern.
6926 Section 145. Section 80-6-202, which is renumbered from Section 78A-6-106.5 is
6927 renumbered and amended to read:
6928 [
6929 (1) (a) Except as otherwise provided in this section, after a petition is filed under
6930 Section 80-6-305, or a criminal information under Section 80-6-503, a juvenile court may issue
6931 a warrant for a minor to be taken into temporary custody if:
6932 (i) there is probable cause to believe that:
6933 (A) the minor has committed an offense that would be a felony if committed by an
6934 adult;
6935 (B) the minor has failed to appear after the minor or the minor's parent, guardian, or
6936 custodian has been legally served with a summons in accordance with Section 78A-6-351 and
6937 the Utah Rules of Juvenile Procedure;
6938 (C) there is a substantial likelihood the minor will not respond to a summons;
6939 (D) a summons cannot be served and the minor's present whereabouts are unknown;
6940 (E) serving a summons for the minor will be ineffectual;
6941 (F) the minor seriously endangers others or the public and temporary custody appears
6942 to be necessary for the protection of others or the public; or
6943 (G) the minor is a runaway or has escaped from the minor's parent, guardian, or
6944 custodian; or
6945 (ii) the minor is under the continuing jurisdiction of the juvenile court and there is
6946 probable cause to believe that the minor:
6947 (A) has left the custody of the person or agency vested by a court with legal custody, or
6948 guardianship of the minor, without permission; or
6949 (B) has violated a court order.
6950 (b) A warrant issued under this Subsection (1) shall be:
6951 (i) filed in accordance with Utah Rules of Juvenile Procedure, Rule 7; and
6952 (ii) executed in accordance with Title 77, Chapter 7, Arrest, by Whom, and How Made.
6953 [
6954 (2) A juvenile court may not issue a warrant [
6955 temporary custody for:
6956 (a) a status offense; or
6957 (b) an infraction.
6958 [
6959 court may issue a warrant that directs [
6960 or to a shelter or other nonsecure facility [
6961
6962
6963 (b) A warrant under Subsection (3)(a) may not direct a minor to secure care or secure
6964 detention.
6965 [
6966 12, Interstate Compact for Juveniles.
6967 Section 146. Section 80-6-203 is enacted to read:
6968 80-6-203. Temporary custody of a minor -- Notification of a child's parent,
6969 guardian, or custodian -- Taking a minor to a detention facility.
6970 (1) (a) Except as provided in Subsection (3), if a peace officer, or other person, takes a
6971 child into temporary custody under Section 80-6-201, the peace officer, or other person, may
6972 not take the child into temporary custody for any longer than is reasonably necessary to:
6973 (i) obtain the child's name, age, residence, and other necessary information;
6974 (ii) contact the child's parent, guardian, or custodian; and
6975 (iii) release the child to the child's parent, guardian, or custodian.
6976 (b) Before a child is released under Subsection (1)(a), the parent, or other person to
6977 whom the child is released, shall sign a written promise on forms supplied by the juvenile court
6978 to bring the child to the juvenile court at a time set or to be set by the court.
6979 (2) Except as provided in Subsection (3), if a peace officer, or other person, takes a
6980 minor who is 18 years old or older into temporary custody under Section 80-6-201, the peace
6981 officer, or other person, may not take the minor into temporary custody for any longer than is
6982 reasonably necessary to obtain the minor's name, age, residence, and other necessary
6983 information.
6984 (3) (a) A minor may remain in the temporary custody of a peace officer or other person
6985 if:
6986 (i) the protection of the community requires the minor's detention; or
6987 (ii) a warrant has been issued for the minor's arrest under Section 80-6-202 or
6988 80-6-806.
6989 (b) If a minor remains in temporary custody, the minor shall be taken to a detention
6990 facility without unnecessary delay.
6991 (c) If the peace officer, or other person, takes a minor to a detention facility, the peace
6992 officer, or other person, shall promptly file a written report, on a form provided by the division,
6993 with the detention facility stating:
6994 (i) the details of the offense that the minor is alleged to have committed;
6995 (ii) the facts that bring the offense within the jurisdiction of the juvenile court;
6996 (iii) the reason that the minor was not released by the peace officer or other person; and
6997 (iv) if the minor is under consideration for detention, the eligibility of the minor for
6998 detention under the detention guidelines.
6999 Section 147. Section 80-6-204, which is renumbered from Section 62A-7-201 is
7000 renumbered and amended to read:
7001 [
7002 Restrictions.
7003 (1) Except as provided in Subsection (2) or [
7004 is apprehended by [
7005 law, the child may not be confined:
7006 (a) in a jail, lockup, or cell used for an adult who is charged with a crime; or
7007 (b) in [
7008 (2) (a) The division shall detain a child in accordance with Sections [
7009
7010 (i) the child is charged with an offense under Section [
7011 80-6-502 or 80-6-503;
7012 (ii) the district court has obtained jurisdiction over the offense because the child is
7013 bound over to the district court under Section [
7014 (iii) the juvenile or district court orders the detention of the child.
7015 (b) (i) If a child is detained before a detention hearing [
7016
7017 information is filed for the child under Section 80-6-503, the child may only be held in certified
7018 juvenile detention accommodations in accordance with rules made by the commission.
7019 (ii) The commission's rules shall include rules for acceptable sight and sound
7020 separation from adult inmates.
7021 (iii) The commission shall certify that a correctional facility is in compliance with the
7022 commission's rules.
7023 (iv) This Subsection (2)(b) does not apply to a child held in [
7024 a correctional facility in accordance with Subsection (2)(a).
7025 (3) (a) In an area of low density population, the commission may, by rule, approve a
7026 juvenile detention accommodation within a correctional facility that has acceptable sight and
7027 sound separation.
7028 (b) An accommodation described in Subsection (3)(a) shall be used only:
7029 (i) for short-term holding of a child who is alleged to have committed an act that would
7030 be a criminal offense if committed by an adult; and
7031 (ii) for a maximum confinement period of six hours.
7032 (c) A child may only be held in an accommodation described in Subsection (3)(a) for:
7033 (i) identification;
7034 (ii) notification of a juvenile court official;
7035 (iii) processing; and
7036 (iv) allowance of adequate time for evaluation of needs and circumstances regarding
7037 the release or transfer of the child to a shelter or detention facility.
7038 (d) This Subsection (3) does not apply to a child held in a correctional facility in
7039 accordance with Subsection (2)(a).
7040 (4) (a) If a child is alleged to have committed an act that would be a criminal offense if
7041 committed by an adult, the child may be detained in a holding room in a local law enforcement
7042 agency facility:
7043 (i) for a maximum of two hours; and
7044 (ii) (A) for identification or interrogation; or
7045 (B) while awaiting release to a parent or other responsible adult.
7046 (b) A holding room described in Subsection (4)(a) shall be certified by the commission
7047 in accordance with the commission's rules.
7048 (c) The commission's rules shall include provisions for constant supervision and for
7049 sight and sound separation from adult inmates.
7050 (5) Willful failure to comply with this section is a class B misdemeanor.
7051 (6) (a) The division is responsible for the custody and detention of:
7052 (i) a child who requires [
7053
7054
7055 80-6-704; and
7056 (ii) a juvenile offender under Subsection [
7057 (b) Subsection (6)(a) does not apply to a child held in a correctional facility in
7058 accordance with Subsection (2)(a).
7059 (c) (i) The commission shall provide standards for custody or detention under
7060 Subsections (2)(b), (3), and (4).
7061 (ii) The division shall determine and set standards for conditions of care and
7062 confinement of children in detention facilities.
7063 (d) (i) The division, or a public or private agency willing to undertake temporary
7064 custody or detention upon agreed terms in a contract with the division, shall provide all other
7065 custody or detention in suitable premises distinct and separate from the general jails, lockups,
7066 or cells used in law enforcement and corrections systems.
7067 (ii) This Subsection (6)(d) does not apply to a child held in a correctional facility in
7068 accordance with Subsection (2)(a).
7069 (7) Except as otherwise provided by this chapter, if an individual who is, or appears to
7070 be, under 18 years old is received at a correctional facility, the sheriff, warden, or other official,
7071 in charge of the correctional facility shall:
7072 (a) immediately notify the juvenile court of the individual; and
7073 (b) make arrangements for the transfer of the individual to a detention facility, unless
7074 otherwise ordered by the juvenile court.
7075 Section 148. Section 80-6-205 is enacted to read:
7076 80-6-205. Admission to detention -- Alternative to detention -- Rights of a minor
7077 in detention.
7078 (1) If a minor is taken to a detention facility under Section 80-6-203, a designated staff
7079 member of the detention facility shall immediately review the form and determine, based on
7080 the results of the detention risk assessment tool and Subsection (2), whether to:
7081 (a) admit the minor to secure detention;
7082 (b) admit the minor to home detention;
7083 (c) place the minor in another alternative to detention; or
7084 (d) if the minor is a child, return the minor home upon a written promise by the minor's
7085 parent, guardian, or custodian to bring the minor to the juvenile court at a time set or without
7086 restriction.
7087 (2) A minor may not be admitted to detention unless:
7088 (a) the minor is detainable based on the detention guidelines; or
7089 (b) the minor has been brought to detention in accordance with:
7090 (i) a court order;
7091 (ii) a warrant in accordance with Section 80-6-202; or
7092 (iii) a division warrant in accordance with Section 80-6-806.
7093 (3) If the designated staff member determines to admit a minor to home detention, the
7094 staff member shall notify the juvenile court of that determination.
7095 (4) Even if a minor is eligible for secure detention, a peace officer or other person who
7096 takes a minor to a detention facility, or the designated staff member of the detention facility,
7097 may release a minor to a less restrictive alternative than secure detention.
7098 (5) (a) If a minor taken to a detention facility does not qualify for admission under
7099 detention guidelines or this section, a designated staff member of the detention facility shall
7100 arrange an appropriate alternative, including admitting a minor to a juvenile receiving center or
7101 a shelter facility.
7102 (b) (i) Except as otherwise provided by this section, a minor may not be placed or kept
7103 in secure detention while court proceedings are pending.
7104 (ii) A child may not be placed or kept in a shelter facility while court proceedings are
7105 pending, unless the child is in protective custody in accordance with Chapter 3, Abuse,
7106 Neglect, and Dependency Proceedings.
7107 (6) If a minor is taken into temporary custody and admitted to a secure detention, or
7108 another alternative to detention, a designated staff member of the detention facility shall:
7109 (a) immediately notify the minor's parent, guardian, or custodian; and
7110 (b) promptly notify the juvenile court of the placement.
7111 (7) If a minor is admitted to secure detention, or another alternative to detention,
7112 outside the county of the minor's residence and a juvenile court determines, in a detention
7113 hearing, that secure detention, or an alternative to detention, of the minor shall continue, the
7114 juvenile court shall direct the sheriff of the county of the minor's residence to transport the
7115 minor to secure detention or another alternative to detention in that county.
7116 (8) (a) Subject to Subsection (8)(b), a minor admitted to detention has a right to:
7117 (i) phone the minor's parent, guardian, or attorney immediately after the minor is
7118 admitted to detention; and
7119 (ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or
7120 custodian.
7121 (b) The division may:
7122 (i) establish a schedule for which a minor in detention may visit or phone a person
7123 described in Subsection (8)(a);
7124 (ii) allow a minor in detention to visit or call persons described in Subsection (8)(a) in
7125 special circumstances;
7126 (iii) limit the number and length of calls and visits for a minor in detention to persons
7127 described in Subsection (8)(a) on account of scheduling, facility, or personnel constraints; or
7128 (iv) limit the minor's rights under Subsection (8)(a) if a compelling reason exists to
7129 limit the minor's rights.
7130 Section 149. Section 80-6-206 is enacted to read:
7131 80-6-206. Interview of a child in detention.
7132 (1) If a child is admitted to a detention facility, a juvenile probation officer, or a staff
7133 member at the detention facility, may interview the child regarding an offense the child is
7134 alleged to have committed without the child's parent, guardian, or custodian present.
7135 (2) Except as provided in Subsection (1), a person may not interview a child, who is
7136 under 14 years old and admitted to a detention facility, regarding an offense the child is alleged
7137 to have committed, without the child's parent, guardian, or custodian present at the interview,
7138 unless:
7139 (a) the parent, guardian, or custodian has given written permission for the interview to
7140 be held outside the presence of the parent, guardian, or custodian;
7141 (b) the parent, guardian, or custodian has been advised of the child's rights under
7142 Section 80-6-603 and has knowingly and voluntarily waived the child's right under Subsection
7143 80-6-603(9); and
7144 (c) the child has been advised of the child's rights under Section 80-6-603 and has
7145 knowingly and voluntarily waived the child's right under Subsection 80-6-603(9).
7146 (3) A person may not interview a minor who is 14 years old or older and admitted to a
7147 detention facility regarding an offense the minor is alleged to have committed without the
7148 consent of the minor or the minor's parent, guardian, or custodian, unless:
7149 (a) the minor has been advised of the minor's rights under Section 80-6-603; and
7150 (b) the minor has knowingly and voluntarily waived the minor's right under Subsection
7151 80-6-603(9).
7152 (4) If a child's parent, guardian, or custodian is not available to consent to an interview
7153 of a child in a detention facility, the consent of the juvenile court shall be obtained before
7154 interviewing the child.
7155 (5) If an guardian ad litem is appointed for a minor, the division may not consent to the
7156 interview of the minor by a law enforcement officer, unless consent for the interview is
7157 obtained from the minor's guardian ad litem.
7158 Section 150. Section 80-6-207, which is renumbered from Section 78A-6-113 is
7159 renumbered and amended to read:
7160 [
7161 [
7162
7163 [
7164
7165 [
7166
7167
7168 probation officer shall order the release of the child to the child's parent, guardian, or custodian
7169 if the [
7170 returned to the parent's, the guardian's, or the custodian's care, [
7171 bring the child to the juvenile court at a time set or without restriction.
7172 (b) If a child's parent, guardian, or custodian fails to retrieve the child from a detention
7173 facility within 24 hours after notification of release, the parent, guardian, or custodian is
7174 responsible for the cost of care for the time the child remains in the detention facility in
7175 accordance with Section 78A-6-356.
7176 (c) The detention facility shall determine the cost of care.
7177 (d) Any money collected under this Subsection [
7178 [
7179 remains in the facility.
7180 [
7181 the [
7182 individual in charge of the detention facility that the parent's [
7183 custodian's child has the right to a prompt hearing in a juvenile court to determine whether the
7184 child is to be further detained or released.
7185 (b) [
7186 minor shall be informed by the person in charge of the facility that the minor has the right to a
7187 prompt hearing in a juvenile court to determine whether the minor is to be further detained or
7188 released.
7189 [
7190 [
7191 detention, regardless of whether a detention hearing is held or not.
7192 [
7193 the [
7194 parent, guardian, or custodian shall be responsible for the cost of care as provided in
7195 Subsections [
7196 (4) (a) As used in this Subsection (4), "arrest" means being apprehended, detained,
7197 taken into temporary custody under Section 80-6-201 or 80-6-202, held for investigation, or
7198 restrained by a peace officer or other person due to an accusation or suspicion that the minor
7199 committed an offense.
7200 (b) A minor may not be held in a detention facility longer than 24 hours, unless a
7201 juvenile court determines that there is probable cause for the minor's arrest.
7202 (5) (a) A detention hearing under this section shall be held by a juvenile court judge or
7203 commissioner.
7204 (b) [
7205 minor's [
7206 determine whether the minor should:
7207 (i) remain in detention in accordance with Subsection [
7208 (ii) be released to a parent or guardian; or
7209 (iii) be placed in any other party's custody as authorized by statute.
7210 [
7211 hearing under Subsection [
7212 determination and the detention hearing occur within the time [
7213 (4)[
7214 [
7215
7216
7217 [
7218 (7) (a) A detention hearing may not be waived.
7219 [
7220 (b) Staff at the detention facility shall provide the juvenile court with all information
7221 received from the individual who brought the minor to the detention facility.
7222 [
7223 (8) (a) The juvenile court may only order a minor to be held in the detention facility or
7224 be placed in another appropriate facility, subject to further order of the court, if the court finds
7225 at a detention hearing that:
7226 [
7227 unreasonable risk to public safety;
7228 [
7229 and, where appropriate, attempted; and
7230 [
7231
7232
7233 (b) The juvenile court may not vest custody of a minor admitted to detention in the
7234 Division of Child and Family Services, except as provided in Chapter 3, Abuse, Neglect, and
7235 Dependency Proceedings.
7236 [
7237 release a minor from detention.
7238 (b) If a minor remains in a detention facility, periodic reviews shall be held in
7239 accordance with the Utah Rules of Juvenile Procedure to ensure that continued detention of the
7240 minor is necessary.
7241 [
7242
7243
7244
7245
7246
7247
7248 [
7249
7250 [
7251
7252 [
7253
7254 [
7255
7256
7257 [
7258
7259
7260 [
7261
7262 [
7263
7264
7265 [
7266
7267 [
7268
7269 [
7270
7271 [
7272
7273 [
7274
7275
7276 [
7277
7278 [
7279
7280 [
7281
7282
7283 [
7284 [
7285
7286
7287
7288 [
7289
7290 [
7291
7292
7293
7294
7295 [
7296 a correctional facility in accordance with Section [
7297 80-6-502, 80-6-504, or 80-6-505.
7298 [
7299
7300 [
7301 [
7302
7303 [
7304
7305
7306
7307 (11) Notwithstanding Title 77, Chapter 20, Bail, a minor in a detention facility does not
7308 have a right to bail, except that bail is allowed if:
7309 (a) a minor is cited under Section 80-6-302;
7310 (b) a minor is charged in accordance with Section 80-6-502;
7311 (c) a minor is bound over to the district court in accordance with Section 80-6-504;
7312 (d) a minor, who need not be detained, lives outside this state; and
7313 (e) a minor, who need not be detained, is held in contempt under Section 78A-6-353.
7314 Section 151. Section 80-6-301 is enacted to read:
7315
7316 80-6-301. Referral to juvenile court.
7317 (1) Except as provided in Subsections (2) and (3), a peace officer, or a public official of
7318 the state, a county, a city, or a town charged with the enforcement of the laws of the state or
7319 local jurisdiction, shall file a formal referral with the juvenile court within 10 days after the day
7320 on which a minor is taken into temporary custody under Section 80-6-201.
7321 (2) If a minor is taken to a detention facility, a peace officer, or public official of the
7322 state, a county, a city, or a town charged with the enforcement of laws of the state or local
7323 jurisdiction, shall file the formal referral with the juvenile court within 24 hours after the time
7324 in which the minor is taken into temporary custody under Section 80-6-201.
7325 (3) A peace officer, public official, school district, or school may only refer a minor to
7326 the juvenile court under Section 53G-8-211 for an offense that is subject to referral under
7327 Section 53G-8-211.
7328 Section 152. Section 80-6-302, which is renumbered from Section 78A-6-603 is
7329 renumbered and amended to read:
7330 [
7331 appear.
7332 (1) A petition is not required to commence a proceeding against a minor for an
7333 adjudication of an alleged offense if a citation is issued for an offense for which the juvenile
7334 court has jurisdiction over and the offense listed in the citation is for:
7335 (a) a violation of a wildlife law;
7336 (b) a violation of a boating law;
7337 (c) a class B or C misdemeanor or an infraction other than a misdemeanor or
7338 infraction:
7339 (i) for a traffic violation; or
7340 (ii) designated as a citable offense by general order of the Board of Juvenile Court
7341 Judges;
7342 (d) a class B misdemeanor or infraction for a traffic violation where the individual is
7343 15 years old or younger at the time the offense was alleged to have occurred;
7344 (e) an infraction or misdemeanor designated as a citable offense by a general order of
7345 the Board of Juvenile Court Judges; or
7346 (f) a violation of Subsection 76-10-105(2).
7347 (2) Except as provided in Subsection (6) and Section [
7348 for an offense listed in Subsection (1) shall be submitted to the juvenile court within five days
7349 of issuance to a minor.
7350 (3) A copy of the citation shall contain:
7351 (a) the name and address of the juvenile court before which the minor may be required
7352 to appear;
7353 (b) the name of the minor cited;
7354 (c) the statute or local ordinance that the minor is alleged to have violated;
7355 (d) a brief description of the offense charged;
7356 (e) the date, time, and location at which the offense is alleged to have occurred;
7357 (f) the date the citation was issued;
7358 (g) the name and badge or identification number of the peace officer or public official
7359 who issued the citation;
7360 (h) the name of the arresting person if an arrest was made by a private party and the
7361 citation was issued in lieu of taking the [
7362 Section [
7363 (i) a statement that the minor and [
7364 guardian are to appear when notified by the juvenile court; and
7365 (j) the signature of the minor and [
7366 guardian, if present, agreeing to appear at the juvenile court when notified by the court.
7367 (4) A copy of the citation shall contain space for the following information to be
7368 entered if known:
7369 (a) the minor's address;
7370 (b) the minor's date of birth;
7371 (c) the name and address of the child's custodial parent [
7372 if different from the child; and
7373 (d) if there is a victim, the victim's name, address, and an estimate of loss, except that
7374 this information shall be removed from the documents the minor receives.
7375 (5) A citation received by the juvenile court beyond the time designated in Subsection
7376 (2) shall include a written explanation for the delay.
7377 (6) A minor offense, as defined in Section [
7378 been committed by an enrolled child on school property or related to school attendance, may
7379 only be referred to the prosecuting attorney or the juvenile court in accordance with Section
7380 53G-8-211.
7381 (7) If a juvenile court receives a citation described in Subsection (1), [
7382
7383 whether the minor is eligible for a nonjudicial adjustment in accordance with Subsection
7384 [
7385 (8) (a) Except as provided in Subsection (8)(b), if a citation is issued to a minor, a
7386 prosecuting attorney may commence a proceeding against a minor, without filing a petition, for
7387 an adjudication of the offense in the citation only if:
7388 (i) the minor is not eligible for, or does not complete, a nonjudicial adjustment in
7389 accordance with Section [
7390 (ii) the prosecuting attorney conducts an inquiry under Subsection (9).
7391 (b) Except as provided in Subsection [
7392 attorney may not commence a proceeding against an individual for any offense listed in a
7393 citation alleged to have occurred before the individual was 12 years old.
7394 (9) The prosecuting attorney shall conduct an inquiry to determine, upon reasonable
7395 belief, that:
7396 (a) the charge listed in the citation is supported by probable cause;
7397 (b) admissible evidence will be sufficient to support adjudication beyond a reasonable
7398 doubt; and
7399 (c) the decision to charge is in the interests of justice.
7400 (10) If a proceeding is commenced against a minor under Subsection (8)(a), the minor
7401 shall appear at the juvenile court at a date and time established by the juvenile court.
7402 (11) If a minor willfully fails to appear before the juvenile court for a proceeding under
7403 Subsection (8)(a), the juvenile court may:
7404 (a) find the minor in contempt of court; and
7405 (b) proceed against the minor as provided in Section [
7406 (12) [
7407 forfeited under Section [
7408 (a) the juvenile court; and
7409 (b) if the minor is a child, the parent or [
7410 Section 153. Section 80-6-303, which is renumbered from Section 78A-6-601 is
7411 renumbered and amended to read:
7412 [
7413 to juvenile court -- Exception.
7414 (1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or
7415 justice court determines that an individual being charged is under 21 years old and was younger
7416 than 18 years old at the time of committing the alleged offense, the district court or justice
7417 court shall transfer the case to the juvenile court with all the papers, documents, and transcripts
7418 of any testimony.
7419 (b) (i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense
7420 that is:
7421 (A) filed in the district court in accordance with Section [
7422 (B) transferred to the district court in accordance with Section [
7423 (ii) Notwithstanding Subsection (1)(a), a justice court may decline to transfer an
7424 offense for which the justice court has original jurisdiction under Subsection 78A-7-106(2).
7425 (2) (a) Except as provided in Subsection (2)(b), the district court or justice court making
7426 the transfer shall:
7427 (i) order the individual to be taken immediately to the juvenile court or to a place of
7428 detention designated by the juvenile court; or
7429 (ii) release the individual to the custody of the individual's parent or guardian or other
7430 person legally responsible for the individual, to be brought before the juvenile court at a time
7431 designated by the juvenile court.
7432 (b) If the alleged offense under Subsection (1) occurred before the individual was 12
7433 years old:
7434 (i) the district court or justice court making the transfer shall release the individual to
7435 the custody of the individual's parent or guardian, or other person legally responsible for the
7436 individual;
7437 (ii) the juvenile court shall treat the transfer as a referral under [
7438
7439 (iii) [
7440 a preliminary inquiry to determine whether the individual is eligible for a nonjudicial
7441 adjustment in accordance with Section [
7442 (c) If the case is transferred to the juvenile court under this section, the juvenile court
7443 shall then proceed in accordance with this chapter.
7444 (3) A district court or justice court does not have to transfer a case under Subsection
7445 (1) if the district court or justice court would have had jurisdiction over the case at the time the
7446 individual committed the offense in accordance with Subsections 78A-5-102(9) and
7447 78A-7-106(2).
7448 Section 154. Section 80-6-304, which is renumbered from Section 78A-6-602 is
7449 renumbered and amended to read:
7450 [
7451 [
7452
7453
7454 [
7455
7456
7457 [
7458
7459 [
7460
7461
7462 [
7463 committed by a minor that is, or appears to be, within the juvenile court's jurisdiction, [
7464
7465 accordance with Subsections [
7466 is eligible to enter into a nonjudicial adjustment.
7467 [
7468 single criminal episode, and the minor is eligible under this section for a nonjudicial
7469 adjustment, [
7470 minor one nonjudicial adjustment for all offenses arising from the single criminal episode.
7471 [
7472 (i) conduct a validated risk and needs assessment; and
7473 (ii) request that a prosecuting attorney review a referral in accordance with Subsection
7474 [
7475 (A) the results of the validated risk and needs assessment indicate the minor is high
7476 risk; or
7477 (B) the results of the validated risk and needs assessment indicate the minor is
7478 moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5,
7479 Offenses Against the Person, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
7480 (b) If a minor violates Section 41-6a-502, the minor shall:
7481 (i) undergo a drug and alcohol screening;
7482 (ii) if found appropriate by the screening, participate in an assessment; and
7483 (iii) if warranted by the screening and assessment, follow the recommendations of the
7484 assessment.
7485 [
7486 juvenile probation officer shall request that a prosecuting attorney review a referral in
7487 accordance with Subsection [
7488 (a) the referral involves:
7489 (i) a felony offense; or
7490 (ii) a violation of:
7491 (A) Section 41-6a-502, driving under the influence;
7492 (B) Section 76-5-112, reckless endangerment creating a substantial risk of death or
7493 serious bodily injury;
7494 (C) Section 76-5-206, negligent homicide;
7495 (D) Section 76-9-702.1, sexual battery;
7496 (E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
7497 shotgun on or about school premises; or
7498 (F) Section 76-10-509, possession of a dangerous weapon by minor, but only if the
7499 dangerous weapon is a firearm;
7500 (b) the minor has a current suspended order for custody under [
7501
7502 (c) the referral involves an offense alleged to have occurred before an individual was
7503 12 years old and the offense is a felony violation of:
7504 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
7505 (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
7506 (iii) Section 76-5-203, murder or attempted murder;
7507 (iv) Section 76-5-302, aggravated kidnapping;
7508 (v) Section 76-5-405, aggravated sexual assault;
7509 (vi) Section 76-6-103, aggravated arson;
7510 (vii) Section 76-6-203, aggravated burglary;
7511 (viii) Section 76-6-302, aggravated robbery; or
7512 (ix) Section 76-10-508.1, felony discharge of a firearm.
7513 [
7514
7515 minor if the minor:
7516 (i) is referred for an offense that is a misdemeanor, infraction, or status offense;
7517 (ii) has no more than two prior adjudications; and
7518 (iii) has no more than three prior unsuccessful nonjudicial adjustment attempts.
7519 (b) If the juvenile court receives a referral for an offense that is alleged to have
7520 occurred before an individual was 12 years old, [
7521 probation officer shall offer a nonjudicial adjustment to the individual, unless the referral
7522 includes an offense described in Subsection [
7523 (c) (i) For purposes of determining a minor's eligibility for a nonjudicial adjustment
7524 under this Subsection [
7525 shall treat all offenses arising out of a single criminal episode that resulted in a nonjudicial
7526 adjustment as one prior nonjudicial adjustment.
7527 (ii) For purposes of determining a minor's eligibility for a nonjudicial adjustment under
7528 this Subsection [
7529 treat all offenses arising out of a single criminal episode that resulted in one or more prior
7530 adjudications as a single adjudication.
7531 (d) Except as provided in Subsection [
7532 juvenile probation officer may offer a nonjudicial adjustment to a minor who does not meet the
7533 criteria provided in Subsection [
7534 [
7535 probation officer may require a minor to:
7536 (a) pay a financial penalty of no more than $250 to the juvenile court, subject to the
7537 terms established under Subsection [
7538 (b) pay restitution to any victim;
7539 (c) complete community or compensatory service;
7540 (d) attend counseling or treatment with an appropriate provider;
7541 (e) attend substance abuse treatment or counseling;
7542 (f) comply with specified restrictions on activities or associations;
7543 (g) attend victim-offender mediation if requested by the victim; and
7544 (h) comply with any other reasonable action that is in the interest of the minor, the
7545 community, or the victim.
7546 [
7547 nonjudicial adjustment in accordance with Subsection [
7548 (5), the juvenile probation officer shall provide an initial notice to reasonably identifiable and
7549 locatable victims of the offense contained in the referral.
7550 (b) The victim shall be responsible to provide to [
7551 juvenile probation officer upon request:
7552 (i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and
7553 out-of-pocket loss;
7554 (ii) documentation and evidence of compensation or reimbursement from an insurance
7555 company or an agency of the state, any other state, or the federal government received as a
7556 direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and
7557 (iii) proof of identification, including home and work address and telephone numbers.
7558 (c) The inability, failure, or refusal of the victim to provide all or part of the requested
7559 information shall result in [
7560 determining restitution based on the best information available.
7561 [
7562 predicate acceptance of an offer of a nonjudicial adjustment on an admission of guilt.
7563 (b) The [
7564 an offer of a nonjudicial adjustment due to a minor's inability to pay a financial penalty under
7565 Subsection [
7566 (c) The [
7567 or the restitution for a nonjudicial adjustment under Subsection [
7568 minor's family to pay as determined by a statewide sliding scale developed in accordance with
7569 Section 63M-7-208 [
7570 (d) A nonjudicial adjustment may not extend for more than 90 days, unless a juvenile
7571 court judge extends the nonjudicial adjustment for an additional 90 days.
7572 (e) (i) Notwithstanding Subsection [
7573 nonjudicial adjustment beyond the 180 days permitted under Subsection [
7574 minor who is offered a nonjudicial adjustment under Subsection [
7575 offense under Title 76, Chapter 5, Part 4, Sexual Offenses, or is referred under Subsection
7576 [
7577 minor committed before the minor was 12 years old, if the judge determines that:
7578 (A) the nonjudicial adjustment requires specific treatment for the sexual offense;
7579 (B) the treatment cannot be completed within 180 days after the day on which the
7580 minor entered into the nonjudicial adjustment; and
7581 (C) the treatment is necessary based on a clinical assessment that is developmentally
7582 appropriate for the minor.
7583 (ii) If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection
7584 [
7585 treatment under this Subsection [
7586 90 days at a time.
7587 (f) If a minor violates Section 76-10-105, the minor may be required to pay a fine or
7588 penalty and participate in a court-approved tobacco education program with a participation fee.
7589 [
7590 Subsection [
7591 upon as part of the nonjudicial adjustment, or a minor is not offered or declines a nonjudicial
7592 adjustment in accordance with Subsection [
7593 (a) review the case; and
7594 (b) (i) dismiss the case;
7595 (ii) refer the case back to the [
7596 new attempt at nonjudicial adjustment; or
7597 (iii) except as provided in Subsections [
7598 80-6-305(2), file a petition with the juvenile court.
7599 [
7600 that:
7601 (i) the charges are supported by probable cause;
7602 (ii) admissible evidence will be sufficient to support adjudication beyond a reasonable
7603 doubt; and
7604 (iii) the decision to charge is in the interests of justice.
7605 (b) Failure to pay a fine or fee may not serve as a basis for filing of a petition under
7606 Subsection [
7607 agreed upon in accordance with Subsection [
7608 court diversion program.
7609 [
7610 (a) the prosecuting attorney has statutory authority to file the petition under Section
7611 [
7612 (b) (i) the minor does not qualify for a nonjudicial adjustment under Subsection [
7613 (5);
7614 (ii) the minor declines a nonjudicial adjustment;
7615 (iii) the minor fails to substantially comply with the conditions agreed upon as part of
7616 the nonjudicial adjustment;
7617 (iv) the minor fails to respond to the [
7618 officer's inquiry regarding eligibility for or an offer of a nonjudicial adjustment after being
7619 provided with notice for preliminary inquiry; or
7620 (v) the prosecuting attorney is acting under Subsection [
7621 [
7622 proceeding is commenced against a minor under Section [
7623 court may refer the case to [
7624 offer of nonjudicial adjustment.
7625 Section 155. Section 80-6-305, which is renumbered from Section 78A-6-602.5 is
7626 renumbered and amended to read:
7627 [
7628 a petition -- Continuance.
7629 (1) A prosecuting attorney shall file a petition, in accordance with Utah Rules of
7630 Juvenile Procedure, Rule 17, to commence a proceeding against a minor for an adjudication of
7631 an alleged offense, except as provided in:
7632 (a) Subsection (2);
7633 (b) Section [
7634 (c) Section [
7635 (d) Section [
7636 (2) A prosecuting attorney may not file a petition under Subsection (1) against an
7637 individual for an offense alleged to have occurred before the individual was 12 years old,
7638 unless:
7639 (a) the individual is alleged to have committed a felony violation of:
7640 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
7641 (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
7642 (iii) Section 76-5-203, murder or attempted murder;
7643 (iv) Section 76-5-302, aggravated kidnapping;
7644 (v) Section 76-5-405, aggravated sexual assault;
7645 (vi) Section 76-6-103, aggravated arson;
7646 (vii) Section 76-6-203, aggravated burglary;
7647 (viii) Section 76-6-302, aggravated robbery; or
7648 (ix) Section 76-10-508.1, felony discharge of a firearm; or
7649 (b) an offer for a nonjudicial adjustment is made under Section [
7650 and the minor:
7651 (i) declines to accept the offer for the nonjudicial adjustment; or
7652 (ii) fails to substantially comply with the conditions agreed upon as part of the
7653 nonjudicial adjustment.
7654 (3) A juvenile court may dismiss a petition under this section at any stage of the
7655 proceedings.
7656 (4) (a) When evidence is presented during any proceeding in a minor's case that points
7657 to material facts not alleged in the petition, the juvenile court may consider the additional or
7658 different material facts raised by the evidence if the parties consent.
7659 (b) The juvenile court, on a motion from any interested party or on the court's own
7660 motion, shall direct that the petition be amended to conform to the evidence.
7661 (c) If an amended petition under Subsection (4)(b) results in a substantial departure
7662 from the material facts originally alleged, the juvenile court shall grant a continuance as justice
7663 may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.
7664 Section 156. Section 80-6-306 is enacted to read:
7665 80-6-306. Plea -- Withdrawal of a plea.
7666 (1) If a minor is facing a delinquency proceeding under this chapter, the minor may
7667 enter:
7668 (a) a denial of the alleged offense;
7669 (b) an admission of the alleged offense; or
7670 (c) with the consent of the juvenile court, a plea of no contest as described in Section
7671 77-13-2.
7672 (2) (a) If a minor enters an admission under Subsection (1), the juvenile court may:
7673 (i) delay in entering the admission for a defined period of time; and
7674 (ii) impose conditions on the minor for the period of time under Subsection (2)(a)(i).
7675 (b) If the minor successfully completes the conditions imposed under Subsection
7676 (2)(a)(ii), the juvenile court shall dismiss the petition filed under this chapter.
7677 (c) If the minor fails to complete the conditions imposed under Subsection (2)(a)(ii),
7678 the juvenile court shall:
7679 (i) enter the minor's admission; and
7680 (ii) proceed with ordering a disposition in accordance with Section 80-6-701.
7681 (3) If a minor declines to enter a plea, the juvenile court shall enter a denial.
7682 (4) A minor's counsel may enter a denial in the absence of the minor or the minor's
7683 parent, guardian, or custodian.
7684 (5) The minor may enter an admission to:
7685 (a) a lesser included offense;
7686 (b) an offense of a lesser degree; or
7687 (c) a different offense for which the juvenile court may enter after amending the
7688 petition.
7689 (6) A plea under this section shall be conducted in accordance with Utah Rules of
7690 Juvenile Procedure, Rule 25.
7691 (7) A minor may withdraw a denial of an offense at any time before an adjudication
7692 under Section 80-6-701.
7693 (8) A minor may only withdraw an admission or a plea of no contest upon:
7694 (a) leave of the court; and
7695 (b) a showing that the admission or plea was not knowingly and voluntarily made.
7696 (9) (a) Even if the juvenile court has ordered a disposition under Part 7, Adjudication
7697 and Disposition, a minor shall make a request to withdraw an admission, or a plea of no
7698 contest, within 30 days after the day on which the minor entered the admission or plea.
7699 (b) If the juvenile court has not entered a disposition, the juvenile court may not
7700 announce a disposition until the motion to withdraw under Subsection (9)(a) is denied.
7701 Section 157. Section 80-6-307, which is renumbered from Section 78A-6-605 is
7702 renumbered and amended to read:
7703 [
7704 Exceptions.
7705 (1) [
7706 designated by the juvenile court, shall make a dispositional report in writing in all [
7707 minors' cases in which a petition has been filed, except [
7708
7709 wildlife laws[
7710 (2) When preparing a dispositional report and recommendation in [
7711
7712 designated by the juvenile court, shall consider the juvenile [
7713
7714 disposition guidelines developed in accordance with Section 63M-7-404 and any other factors
7715 relevant to the disposition designated in the juvenile disposition guidelines .
7716 (3) Where the allegations of a petition filed under [
7717 80-6-305 are denied, the investigation may not be made until the juvenile court has made an
7718 adjudication.
7719 Section 158. Section 80-6-401, which is renumbered from Section 78A-6-1301 is
7720 renumbered and amended to read:
7721
7722 [
7723 (1) [
7724 petition is filed under Section 80-6-305, or a criminal information is filed under Section
7725 80-6-503, in the juvenile court , a written motion may be filed alleging reasonable grounds to
7726 believe the minor is not competent to proceed.
7727 (2) The written motion shall contain:
7728 (a) a certificate that it is filed in good faith and on reasonable grounds to believe the
7729 minor is not competent to proceed due to:
7730 (i) a mental illness;
7731 (ii) an intellectual disability or a related condition; or
7732 (iii) developmental immaturity;
7733 (b) a recital of the facts, observations, and conversations with the minor that have
7734 formed the basis for the motion; and
7735 (c) if filed by defense counsel, the motion shall contain information that can be
7736 revealed without invading the lawyer-client privilege.
7737 (3) The motion may be:
7738 (a) based upon knowledge or information and belief; and [
7739 (b) filed by:
7740 [
7741 [
7742 [
7743 [
7744 [
7745 (4) (a) The [
7746 minor's competency at any time.
7747 (b) If raised by the juvenile court, counsel for each party shall be permitted to address
7748 the issue of competency[
7749 (c) The juvenile court shall state the basis for the finding that there are reasonable
7750 grounds to believe the minor is not competent to proceed.
7751 Section 159. Section 80-6-402, which is renumbered from Section 78A-6-1302 is
7752 renumbered and amended to read:
7753 [
7754 (1) When a written motion is filed [
7755 with Section 80-6-401 raising the issue of a minor's competency to proceed, or when the
7756 juvenile court raises the issue of a minor's competency to proceed, the juvenile court [
7757
7758 (2) (a) If a motion for inquiry is opposed by either party, the juvenile court shall, [
7759
7760 determining the sufficiency of the motion.
7761 (b) If the juvenile court finds that the allegations of incompetency raise a bona fide
7762 doubt as to the minor's competency to proceed, [
7763 (i) enter an order for an evaluation of the minor's competency to proceed[
7764 (ii) set a date for a hearing on the issue of the minor's competency.
7765 (3) After the granting of a motion, and [
7766 juvenile court may order the [
7767 minor and to report to the juvenile court concerning the minor's mental condition.
7768 (4) [
7769 (a) has experience in juvenile forensic evaluations and juvenile brain development[
7770
7771 (b) if it becomes apparent that the minor is not competent due to an intellectual
7772 disability or related condition, has experience in intellectual disability or related conditions;
7773 and
7774 (c) is not involved in the current treatment of the minor.
7775 [
7776
7777
7778 (5) The petitioner or other party, as directed by the juvenile court, shall provide all
7779 information and materials relevant to a determination of the minor's competency to the
7780 department within seven days of the juvenile court's order, including:
7781 (a) the motion;
7782 (b) the arrest or incident reports pertaining to the charged offense;
7783 (c) the minor's known delinquency history information;
7784 (d) the minor's probation record relevant to competency;
7785 (e) known prior mental health evaluations and treatments; and
7786 (f) consistent with 20 U.S.C. Sec. 1232g (b)(1)(E)(ii)(I), records pertaining to the
7787 minor's education.
7788 (6) (a) The minor's [
7789 prosecuting attorney, the defense attorney, and the attorney guardian ad litem, shall cooperate,
7790 by executing releases of information when necessary, in providing the relevant information and
7791 materials to the forensic evaluator, including:
7792 (i) medical records;
7793 (ii) prior mental evaluations; or
7794 (iii) records of diagnosis or treatment of substance abuse disorders.
7795 (b) The minor shall cooperate, by executing a release of information when necessary,
7796 in providing the relevant information and materials to the forensic evaluator regarding records
7797 of diagnosis or treatment of a substance abuse disorder.
7798 (7) (a) In conducting the evaluation and in the report determining if a minor is
7799 competent to proceed, the forensic evaluator shall inform the juvenile court of the forensic
7800 evaluator's opinion whether:
7801 (i) the minor has a present ability to consult with counsel with a reasonable degree of
7802 rational understanding; and [
7803 (ii) the minor has a rational as well as factual understanding of the proceedings.
7804 (b) In evaluating the minor, the forensic evaluator shall consider the minor's present
7805 ability to:
7806 (i) understand the charges or allegations against the minor;
7807 (ii) communicate facts, events, and states of mind;
7808 (iii) understand the range of possible penalties associated with the allegations against
7809 the minor;
7810 (iv) engage in reasoned choice of legal strategies and options;
7811 (v) understand the adversarial nature of the proceedings against the minor;
7812 (vi) manifest behavior sufficient to allow the juvenile court to proceed;
7813 (vii) testify relevantly; and
7814 (viii) any other factor determined to be relevant to the forensic evaluator.
7815 (8) (a) The forensic evaluator shall provide an initial report to the juvenile court, the
7816 prosecuting and defense attorneys, and the attorney guardian ad litem, if applicable, within 30
7817 days of the receipt of the juvenile court's order.
7818 (b) If the forensic evaluator informs the juvenile court that additional time is needed,
7819 the juvenile court may grant, taking into consideration the custody status of the minor, up to an
7820 additional 15 days to provide the report to the juvenile court and counsel.
7821 (c) The forensic evaluator must provide the report within 45 days from the receipt of
7822 the juvenile court's order unless, for good cause shown, the juvenile court authorizes an
7823 additional period of time to complete the evaluation and provide the report.
7824 (d) The report shall inform the juvenile court of the forensic evaluator's opinion
7825 concerning the minor's competency.
7826 (9) If the forensic evaluator's opinion is that the minor is not competent to proceed, the
7827 report shall indicate:
7828 (a) the nature of the minor's:
7829 (i) mental illness;
7830 (ii) intellectual disability or related condition; or
7831 (iii) developmental immaturity;
7832 (b) the relationship of the minor's mental illness, intellectual disability, related
7833 condition, or developmental immaturity to the minor's incompetence;
7834 (c) whether there is a substantial likelihood that the minor may attain competency in
7835 the foreseeable future;
7836 (d) the amount of time estimated for the minor to achieve competency if the minor
7837 undergoes competency attainment treatment, including medication;
7838 (e) the sources of information used by the forensic evaluator; and
7839 (f) the basis for clinical findings and opinions.
7840 (10) Any statement made by the minor in the course of any competency evaluation,
7841 whether the evaluation is with or without the consent of the minor, any testimony by the
7842 forensic evaluator based upon any statement, and any other fruits of the statement:
7843 (a) may not be admitted in evidence against the minor in [
7844
7845 on which the minor has introduced evidence; and
7846 (b) may be admitted where relevant to a determination of the minor's competency.
7847 (11) Before evaluating the minor, a forensic evaluator shall specifically advise the
7848 minor, and, if reasonably available, the parents or guardian, of the limits of confidentiality as
7849 provided under Subsection (10).
7850 (12) When the report is received, the juvenile court shall set a date for a competency
7851 hearing that shall be held in not less than five and not more than 15 days, unless the juvenile
7852 court enlarges the time for good cause.
7853 (13) (a) A minor shall be presumed competent unless the juvenile court, by a
7854 preponderance of the evidence, finds the minor not competent to proceed.
7855 (b) The burden of proof is upon the proponent of incompetency to proceed.
7856 (14) (a) Following the hearing, the juvenile court shall determine by a preponderance
7857 of evidence whether the minor is:
7858 (i) competent to proceed;
7859 (ii) not competent to proceed with a substantial probability that the minor may attain
7860 competency in the foreseeable future; or
7861 (iii) not competent to proceed without a substantial probability that the minor may
7862 attain competency in the foreseeable future.
7863 (b) If the juvenile court enters a finding [
7864 (14)(a)(i), the juvenile court shall proceed with [
7865 minor's case.
7866 (c) If the juvenile court enters a finding [
7867 (14)(a)(ii), the juvenile court shall proceed [
7868 [
7869 (d) (i) If the juvenile court enters a finding [
7870 (14)(a)(iii), the juvenile court shall terminate the competency proceeding, dismiss the
7871 [
7872 custody order related to the pending [
7873 the court that commitment proceedings will be initiated [
7874 (A) Title 62A Chapter 5, Part 3, Admission to an Intermediate Care Facility for People
7875 with an Intellectual Disability; [
7876 (B) if the minor is 18 years old or older, Title 62A, Chapter 15, Part 6, Utah State
7877 Hospital and Other Mental Health Facilities; or
7878 [
7879 Under Age 18 to Division of Substance Abuse and Mental Health.
7880 (ii) The commitment proceedings described in Subsection (14)(d)(i) shall be initiated
7881 within seven days after the [
7882 under Subsection (14)(a), unless the court enlarges the time for good cause shown.
7883 (iii) The juvenile court may order the minor to remain in custody until the commitment
7884 proceedings have been concluded.
7885 (15) If the juvenile court finds the minor not competent to proceed, the juvenile court's
7886 order shall contain findings addressing each of the factors in Subsection (7)(b).
7887 Section 160. Section 80-6-403, which is renumbered from Section 78A-6-1303 is
7888 renumbered and amended to read:
7889 [
7890 -- Subsequent hearings -- Notice to prosecuting attorneys.
7891 (1) If the juvenile court determines that the minor is not competent to proceed, and
7892 there is a substantial likelihood that the minor may attain competency in the foreseeable future,
7893 the juvenile court shall notify the department of the finding[
7894 days to develop an attainment plan for the minor.
7895 (2) The attainment plan shall include:
7896 (a) any services or treatment the minor has been or is currently receiving that are
7897 necessary to attain competency;
7898 (b) any additional services or treatment the minor may require to attain competency;
7899 (c) an assessment of the parent, custodian, or guardian's ability to access or provide any
7900 recommended treatment or services;
7901 (d) any special conditions or supervision that may be necessary for the safety of the
7902 minor or others during the attainment period; and
7903 (e) the likelihood that the minor will attain competency and the amount of time likely
7904 required for the minor to attain competency.
7905 (3) The department shall provide the attainment plan to the juvenile court, [
7906 the prosecuting attorney, the defense attorney, and the attorney guardian ad litem at least three
7907 days [
7908 (4) (a) During the attainment period, the minor shall remain in the least restrictive
7909 appropriate setting.
7910 (b) A finding of not competent to proceed does not grant authority for a juvenile court
7911 to place a minor in the custody of a division of the department, or create eligibility for services
7912 from the Division of Services for People With Disabilities.
7913 (c) If the juvenile court orders the minor to be held in detention during the attainment
7914 period, the juvenile court shall make the following findings on the record:
7915 (i) the placement is the least restrictive appropriate setting;
7916 (ii) the placement is in the best interest of the minor;
7917 (iii) the minor will have access to the services and treatment required by the attainment
7918 plan in the placement; and
7919 (iv) the placement is necessary for the safety of the minor or others.
7920 (d) A juvenile court shall terminate an order of detention related to the pending
7921 [
7922 (i) the most severe allegation against the minor if committed by an adult is a class B
7923 misdemeanor;
7924 (ii) more than 60 days have passed after the day on which the juvenile court
7925 adjudicated the minor not competent to proceed; and
7926 (iii) the minor has not attained competency.
7927 (5) (a) At any time that the minor becomes competent to proceed during the attainment
7928 period, the department shall notify the juvenile court, [
7929 defense attorney, and the attorney guardian ad litem.
7930 (b) The juvenile court shall hold a hearing with 15 business days of notice from the
7931 department described in Subsection (5)(a).
7932 (6) (a) If at any time during the attainment period the juvenile court finds that there is
7933 not a substantial probability that the minor will attain competency in the foreseeable future, the
7934 juvenile court shall terminate the competency proceeding, dismiss the [
7935
7936 custody order related to the pending [
7937 prosecuting attorney or any other individual informs the juvenile court that commitment
7938 proceedings will be initiated [
7939 (i) Title 62A Chapter 5, Part 3, Admission to an Intermediate Care Facility for People
7940 with an Intellectual Disability; [
7941 (ii) if the minor is 18 years old or older, Title 62A, Chapter 15, Part 6, Utah State
7942 Hospital and Other Mental Health Facilities; or
7943 [
7944 Under Age 18 to Division of Substance Abuse and Mental Health.
7945 (b) The [
7946 Subsection (6)(a) within seven days after the juvenile court's order, unless the juvenile court
7947 enlarges the time for good cause shown.
7948 (7) During the attainment period, the juvenile court may order a hearing or rehearing at
7949 anytime on [
7950 party or the department.
7951 (8) (a) Within three months of the juvenile court's approval of the attainment plan, the
7952 department shall provide a report on the minor's progress towards competence.
7953 (b) The report described in Subsection (8)(a) shall address the minor's:
7954 (i) compliance with the attainment plan;
7955 (ii) progress towards competency based on the issues identified in the original
7956 competency evaluation; and
7957 (iii) current mental illness, intellectual disability or related condition, or developmental
7958 immaturity, and need for treatment, if any, and whether there is substantial likelihood of the
7959 minor attaining competency within six months.
7960 (9) (a) Within 30 days of receipt of the report, the juvenile court shall hold a hearing to
7961 determine the minor's current status.
7962 (b) At the hearing, the burden of proving the minor is competent is on the proponent of
7963 competency.
7964 (c) The juvenile court shall determine by a preponderance of the evidence whether the
7965 minor is competent to proceed.
7966 (10) If the minor has not attained competency after the initial three month attainment
7967 period but is showing reasonable progress towards attainment of competency, the juvenile
7968 court may extend the attainment period up to an additional three months.
7969 (11) The department shall provide an updated juvenile competency evaluation at the
7970 conclusion of the six month attainment period to advise the juvenile court on the minor's
7971 current competency status.
7972 (12) If the minor does not attain competency within six months after the juvenile court
7973 initially finds the minor not competent to proceed, the court shall terminate the competency
7974 proceedings and dismiss the [
7975 prejudice, unless good cause is shown that there is a substantial likelihood the minor will attain
7976 competency within one year from the initial finding of not competent to proceed.
7977 (13) In the event a minor has an unauthorized leave lasting more than 24 hours, the
7978 attainment period shall toll until the minor returns.
7979 Section 161. Section 80-6-501, which is renumbered from Section 78A-6-703.1 is
7980 renumbered and amended to read:
7981
7982 [
7983 As used in this part:
7984 (1) "Qualifying offense" means an offense described in Subsection [
7985 80-6-503 (1) or (2)(b).
7986 (2) "Separate offense" means any offense that is not a qualifying offense.
7987 Section 162. Section 80-6-502, which is renumbered from Section 78A-6-703.2 is
7988 renumbered and amended to read:
7989 [
7990 (1) If a prosecuting attorney charges a minor with aggravated murder under Section
7991 76-5-202 or murder under Section 76-5-203, the prosecuting attorney shall file a criminal
7992 information in the district court if the minor was the principal actor in an offense and the
7993 information alleges:
7994 (a) the minor was 16 or 17 years old at the time of the offense; and
7995 (b) the offense for which the minor is being charged is:
7996 (i) Section 76-5-202, aggravated murder; or
7997 (ii) Section 76-5-203, murder.
7998 (2) If the prosecuting attorney files a criminal information in the district court in
7999 accordance with Subsection (1), the district court shall try the minor as an adult, except:
8000 (a) the minor is not subject to a sentence of death in accordance with Subsection
8001 76-3-206(2)(b); and
8002 (b) the minor is not subject to a sentence of life without parole in accordance with
8003 Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
8004 (3) Except for a minor who is subject to the authority of the Board of Pardons and
8005 Parole, a minor shall be held in a [
8006 where the minor will be held until the time of trial if:
8007 (a) the minor is 16 or 17 years old; and
8008 (b) the minor is arrested for aggravated murder or murder.
8009 (4) In considering where a minor will be detained until the time of trial, the district
8010 court shall consider:
8011 (a) the age of the minor;
8012 (b) the nature, seriousness, and circumstances of the alleged offense;
8013 (c) the minor's history of prior criminal acts;
8014 (d) whether [
8015 adequately serve the need for community protection pending the outcome of any criminal
8016 proceedings;
8017 (e) the relative ability of the facility to meet the needs of the minor and protect the
8018 public;
8019 (f) the physical maturity of the minor;
8020 (g) the current mental state of the minor as evidenced by relevant mental health or a
8021 psychological assessment or screening that is made available to the district court; and
8022 (h) any other factors that the district court considers relevant.
8023 (5) A minor ordered to a [
8024 in the facility:
8025 (a) until released by the district court; or
8026 (b) if convicted, until sentencing.
8027 (6) If a minor is held in a [
8028 court shall:
8029 (a) advise the minor of the right to bail; and
8030 (b) set initial bail in accordance with Title 77, Chapter 20, Bail.
8031 (7) If the minor ordered to a [
8032 the age of 18 years, the minor shall be transferred within 30 days to an adult jail until:
8033 (a) released by the district court [
8034 (b) if convicted, sentencing.
8035 (8) If a minor is ordered to a [
8036 minor's conduct or condition endangers the safety or welfare of others in the [
8037 detention facility, the district court may find that the minor shall be detained in another place of
8038 confinement considered appropriate by the district court, including a jail or an adult facility for
8039 pretrial confinement.
8040 (9) If a minor is charged for aggravated murder or murder in the district court under
8041 this section, and all charges for aggravated murder or murder result in an acquittal, a finding of
8042 not guilty, or a dismissal:
8043 (a) the juvenile court gains jurisdiction over all other offenses committed by the minor;
8044 and
8045 (b) the [
8046 minor.
8047 Section 163. Section 80-6-503, which is renumbered from Section 78A-6-703.3 is
8048 renumbered and amended to read:
8049 [
8050 -- Extending juvenile court jurisdiction.
8051 [
8052 (1) If a prosecuting attorney charges a minor with a felony, the prosecuting attorney
8053 may file a criminal information in the juvenile court if the minor was a principal actor in an
8054 offense and the information alleges:
8055 [
8056 [
8057 [
8058 another;
8059 [
8060 [
8061 [
8062 [
8063 [
8064 [
8065 [
8066 [
8067 [
8068 through [
8069 felony had an adult committed the offense[
8070 adjudicated or convicted of an offense involving the use of a dangerous weapon that would
8071 have been a felony if committed by an adult; or
8072 [
8073 [
8074 [
8075 [
8076 (2) At the time that a prosecuting attorney files an information under this section, a
8077 party may file a motion to extend the juvenile court's continuing jurisdiction in accordance with
8078 Section 80-6-605.
8079 Section 164. Section 80-6-504, which is renumbered from Section 78A-6-703.5 is
8080 renumbered and amended to read:
8081 [
8082 Detention of a minor bound over to the district court .
8083 (1) If a prosecuting attorney files a criminal information in accordance with Section
8084 [
8085 whether a minor should be bound over to the district court for a qualifying offense.
8086 (2) At the preliminary hearing under Subsection (1), the prosecuting attorney shall have
8087 the burden of establishing:
8088 (a) probable cause to believe that a qualifying offense was committed and the minor
8089 committed that offense; and
8090 (b) by a preponderance of the evidence, that it is contrary to the best interests of the
8091 minor and the public for the juvenile court to retain jurisdiction over the offense.
8092 (3) In making a determination under Subsection (2)(b), the juvenile court shall consider
8093 and make findings on:
8094 (a) the seriousness of the qualifying offense and whether the protection of the
8095 community requires that the minor is detained beyond the amount of time allowed under
8096 Subsection [
8097 the juvenile court may exercise under Section [
8098 (b) the extent to which the minor's actions in the qualifying offense were committed in
8099 an aggressive, violent, premeditated, or willful manner;
8100 (c) the minor's mental, physical, educational, trauma, and social history;
8101 (d) the criminal record or history of the minor; and
8102 (e) the likelihood of the minor's rehabilitation by the use of services and facilities that
8103 are available to the juvenile court.
8104 (4) The amount of weight that each factor in Subsection (3) is given is in the juvenile
8105 court's discretion.
8106 (5) (a) The juvenile court may consider any written report or other material that relates
8107 to the minor's mental, physical, educational, trauma, and social history.
8108 (b) Upon request by the minor, the minor's parent, guardian, or other interested party,
8109 the juvenile court shall require the person preparing the report, or other material, under
8110 Subsection (5)(a) to appear and be subject to direct and cross-examination.
8111 (6) At the preliminary hearing under Subsection (1), a minor may testify under oath,
8112 call witnesses, cross-examine witnesses, and present evidence on the factors described in
8113 Subsection (3).
8114 (7) (a) A proceeding before the juvenile court related to a charge filed under this part
8115 shall be conducted in conformity with the Utah Rules of Juvenile Procedure.
8116 (b) [
8117 80-6-602, 80-6-603, and 80-6-604 are applicable to the preliminary hearing under this section.
8118 (8) If the juvenile court finds that the prosecuting attorney has met the burden of proof
8119 under Subsection (2), the juvenile court shall bind the minor over to the district court to be held
8120 for trial.
8121 (9) (a) If the juvenile court finds that a qualifying offense has been committed by a
8122 minor, but the prosecuting attorney has not met the burden of proof under Subsection (2)(b),
8123 the juvenile court shall:
8124 (i) proceed upon the criminal information as if the information were a petition under
8125 Section [
8126 (ii) release or detain the minor in accordance with [
8127 80-6-207 ; and
8128 (iii) proceed with an adjudication for the minor in accordance with this chapter.
8129 (b) If the juvenile court finds that the prosecuting attorney has not met the burden
8130 under Subsection (2) to bind a minor over to the district court, the prosecuting attorney may file
8131 a motion to extend the juvenile court's continuing jurisdiction over the minor's case until the
8132 minor is 25 years old in accordance with Section [
8133 (10) (a) A prosecuting attorney may charge a minor with a separate offense in the same
8134 criminal information as the qualifying offense if the qualifying offense and separate offense
8135 arise from a single criminal episode.
8136 (b) If the prosecuting attorney charges a minor with a separate offense as described in
8137 Subsection (10)(a):
8138 (i) the prosecuting attorney shall have the burden of establishing probable cause to
8139 believe that the separate offense was committed and the minor committed the separate offense;
8140 and
8141 (ii) if the prosecuting attorney establishes probable cause for the separate offense under
8142 Subsection (10)(b)(i) and the juvenile court binds the minor over to the district court for the
8143 qualifying offense, the juvenile court shall also bind the minor over for the separate offense to
8144 the district court.
8145 (11) If a grand jury indicts a minor for a qualifying offense:
8146 (a) the prosecuting attorney does not need to establish probable cause under Subsection
8147 (2)(a) for the qualifying offense and any separate offense included in the indictment; and
8148 (b) the juvenile court shall proceed with determining whether the minor should be
8149 bound over to the district court for the qualifying offense and any separate offense included in
8150 the indictment in accordance with Subsections (2)(b) and (3).
8151 (12) If a minor is bound over to the district court, the juvenile court shall:
8152 (a) issue a criminal warrant of arrest;
8153 (b) advise the minor of the right to bail; and
8154 (c) set initial bail in accordance with Title 77, Chapter 20, Bail.
8155 (13) (a) At the time that a minor is bound over to the district court, the juvenile court
8156 shall make an initial determination on where the minor is held until the time of trial.
8157 (b) In determining where a minor is held until the time of trial, the juvenile court shall
8158 consider:
8159 (i) the age of the minor;
8160 (ii) the minor's history of prior criminal acts;
8161 (iii) whether [
8162 adequately serve the need for community protection pending the outcome of any criminal
8163 proceedings;
8164 (iv) the relative ability of the facility to meet the needs of the minor and protect the
8165 public;
8166 (v) the physical maturity of the minor;
8167 (vi) the current mental state of the minor as evidenced by relevant mental health or
8168 psychological assessments or screenings that are made available to the juvenile court; and
8169 (vii) any other factors that the court considers relevant.
8170 (14) If the juvenile court orders a minor to be detained in a [
8171 under Subsection (13), the minor shall remain in the detention facility:
8172 (a) until released by a district court; or
8173 (b) if convicted, until sentencing.
8174 (15) If the juvenile court orders the minor to be detained in a [
8175 facility under Subsection (13) and the minor attains the age of 18 while detained at the facility,
8176 the minor shall be transferred within 30 days to an adult jail to remain:
8177 (a) until released by the district court; or
8178 (b) if convicted, until sentencing.
8179 (16) Except as provided in Subsection (17) and Section [
8180 minor is bound over to the district court under this section, the jurisdiction of the [
8181
8182 qualifying offense and any other separate offense for which the minor is bound over.
8183 (17) If a minor is bound over to the district court for a qualifying offense and the
8184 qualifying offense results in an acquittal, a finding of not guilty, or a dismissal:
8185 (a) the juvenile court regains jurisdiction over any separate offense committed by the
8186 minor; and
8187 (b) the [
8188 minor.
8189 Section 165. Section 80-6-505, which is renumbered from Section 78A-6-703.6 is
8190 renumbered and amended to read:
8191 [
8192 district court.
8193 (1) If the juvenile court binds a minor over to the district court in accordance with
8194 Section [
8195 an adult in the district court except:
8196 (a) the minor is not subject to a sentence of death in accordance with Subsection
8197 76-3-206(2)(b); and
8198 (b) the minor is not subject to a sentence of life without parole in accordance with
8199 Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
8200 (2) A minor who is bound over to the district court to answer as an adult is not entitled
8201 to a preliminary hearing in the district court.
8202 (3) (a) If a minor is bound over to the district court by the juvenile court, the district
8203 court may reconsider the juvenile court's decision under Subsection [
8204 80-6-504 (13) as to where the minor is being held until trial.
8205 (b) If the district court reconsiders the juvenile court's decision as to where the minor is
8206 held, the district court shall consider and make findings on:
8207 (i) the age of the minor;
8208 (ii) the minor's history of prior criminal acts;
8209 (iii) whether [
8210 adequately serve the need for community protection pending the outcome of any criminal
8211 proceedings;
8212 (iv) the relative ability of the detention facility to meet the needs of the minor and
8213 protect the public;
8214 (v) the physical maturity of the minor;
8215 (vi) the current mental state of the minor as evidenced by relevant mental health or
8216 psychological assessments or screenings that are made available to the district court; and
8217 (vii) any other factors the district court considers relevant.
8218 (4) A minor who is ordered to a [
8219 remain in the facility:
8220 (a) until released by a district court; or
8221 (b) if convicted, until sentencing.
8222 (5) If the district court orders the minor to be detained in a [
8223 under Subsection (3) and the minor attains the age of 18 while detained at the detention facility,
8224 the minor shall be transferred within 30 days to an adult jail to remain:
8225 (a) until released by the district court; or
8226 (b) if convicted, until sentencing.
8227 (6) If a minor is bound over to the district court and detained in a [
8228 facility, the district court may order the minor be detained in another place of confinement that
8229 is considered appropriate by the district court, including a jail or other place of pretrial
8230 confinement for adults if the minor's conduct or condition endangers the safety and welfare of
8231 others in the detention facility.
8232 (7) If the district court obtains jurisdiction over a minor under Section [
8233 80-6-504 , the district court is not divested of jurisdiction for a qualifying offense or a separate
8234 offense listed in the criminal information when the minor is allowed to enter a plea to, or is
8235 found guilty of, another offense in the same criminal information.
8236 Section 166. Section 80-6-506, which is renumbered from Section 78A-6-704 is
8237 renumbered and amended to read:
8238 [
8239 (1) A minor may, as a matter of right, appeal from an order of the juvenile court
8240 binding the minor over to the district court under Section [
8241 (2) The prosecuting attorney may, as a matter of right, appeal an order of the juvenile
8242 court that a minor charged in accordance with Section [
8243 adjudicated in the juvenile court.
8244 Section 167. Section 80-6-507, which is renumbered from Section 78A-6-705 is
8245 renumbered and amended to read:
8246 [
8247 (1) (a) Before sentencing a minor, who was bound over to the district court under
8248 Section [
8249 a report from the [
8250 other minors if the minor were to be committed to the [
8251
8252 (b) The [
8253 report to the district court as part of the [
8254 report.
8255 (2) If, after receiving the report described in Subsection (1), the district court
8256 determines that probation is not appropriate and commitment to prison is an appropriate
8257 sentence, the district court shall order the minor committed to prison and the minor shall be
8258 provisionally housed [
8259 in a secure care facility until the minor reaches 18 years old, unless released earlier from
8260 incarceration by the Board of Pardons and Parole.
8261 (3) The district court may order the minor committed directly to the legal and physical
8262 custody of the Department of Corrections if the district court finds that:
8263 (a) the minor would present an unreasonable risk to others while in the custody of the
8264 [
8265 (b) the minor has previously been committed to a prison for adult offenders; or
8266 (c) housing the minor in [
8267
8268 (4) (a) The [
8269 rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding
8270 the transfer of a minor provisionally housed in [
8271 Subsection (2) to the custody of the Department of Corrections.
8272 (b) If, in accordance with the rules adopted under Subsection (4)(a), the [
8273
8274 secure care facility presents an unreasonable risk to others or that it is not in the best interest of
8275 the minor, the [
8276 custody of the minor to the Department of Corrections.
8277 (5) (a) When a minor is committed to prison but ordered by a district court to be
8278 housed in [
8279 section, the district court and the [
8280 immediately notify the Board of Pardons and Parole so that the minor may be scheduled for a
8281 hearing according to board procedures.
8282 (b) If a minor who is provisionally housed in [
8283
8284 from incarceration by the time the minor reaches 18 years old, the [
8285
8286 reaches 18 years and 6 months old, transfer the minor to the physical custody of the
8287 Department of Corrections.
8288 (6) Upon the commitment of a minor to the custody of the [
8289
8290 and Parole has authority over the minor for purposes of parole, pardon, commutation,
8291 termination of sentence, remission of fines or forfeitures, orders of restitution, and all other
8292 purposes authorized by law.
8293 (7) The [
8294 otherwise keep informed of the progress of a minor in the custody of the [
8295
8296 Parole any information or recommendations concerning the minor.
8297 (8) Commitment of a minor under this section is a prison commitment for all
8298 sentencing purposes.
8299 Section 168. Section 80-6-601, which is renumbered from Section 78A-6-116 is
8300 renumbered and amended to read:
8301
8302 [
8303 Minor not to be charged with crime -- Exception for a prior adjudication -- Traffic
8304 violation cases.
8305 (1) Except as provided in [
8306 Transfer to District Court , a proceeding in a minor's case under this chapter is a civil
8307 proceeding with the juvenile court exercising equitable powers.
8308 (2) (a) An adjudication by a juvenile court of a minor under [
8309 chapter is not considered a conviction of a crime, except in cases involving traffic violations.
8310 (b) An adjudication may not:
8311 (i) operate to impose any civil disabilities upon the minor; or
8312 (ii) disqualify the minor for any civil service or military service or appointment.
8313 (3) (a) Except in cases involving traffic violations, and as provided in [
8314
8315 be charged with a crime and convicted in any court.
8316 (b) Except as provided in Section [
8317 juvenile court, the minor may not later be subject to criminal prosecution based on the same
8318 facts.
8319 (c) Except as provided in Section [
8320 subject to a [
8321 alleged to have committed before the individual was 12 years old.
8322 (4) (a) An adjudication by a juvenile court of a minor under [
8323 chapter is considered a conviction for the purposes of determining the level of offense for
8324 which a minor may be charged and enhancing the level of an offense in the juvenile court.
8325 (b) A prior adjudication may be used to enhance the level or degree of an offense
8326 committed by an adult only as otherwise specifically provided.
8327 [
8328
8329 [
8330
8331
8332
8333
8334 [
8335
8336
8337
8338 Section 169. Section 80-6-602 is enacted to read:
8339 80-6-602. Hearings or proceedings for minors -- Prosecuting attorney -- Order for
8340 indigent defense -- Custody in the Division of Child and Family Services.
8341 (1) In a hearing or proceeding under this chapter, the juvenile court:
8342 (a) shall admit any person who has a direct interest in the case;
8343 (b) may admit any person whose presence is requested by the minor's parent or
8344 guardian; and
8345 (c) shall exclude any other person except as provided in Subsection (2).
8346 (2) In a hearing or proceeding under this chapter for a minor who is 14 years old or
8347 older, the juvenile court shall admit any person, unless the hearing or proceeding is closed by
8348 the juvenile court upon findings, on the record, for good cause if:
8349 (a) the minor has been charged with an offense that would be a felony if committed by
8350 an adult; or
8351 (b) the minor is charged with an offense that would be a class A or B misdemeanor if
8352 committed by an adult and the minor has been previously charged with an offense that would
8353 be a misdemeanor or felony if committed by an adult.
8354 (3) If more than one minor is alleged to be involved in a violation of a law or
8355 ordinance, the proceedings for the violation may be consolidated, except a separate hearing
8356 may be held with respect to a disposition for a minor.
8357 (4) The county attorney, or the district attorney if within a prosecution district, shall
8358 represent the state in a proceeding under this chapter.
8359 (5) If a minor is facing a proceeding under this chapter, a juvenile court shall:
8360 (a) appoint an indigent defense service provider for the minor in accordance with Title
8361 78B, Chapter 22, Part 2, Appointment of Counsel; and
8362 (b) order indigent defense services for the minor in accordance with Title 78B, Chapter
8363 22, Part 2, Appointment of Counsel.
8364 (6) A juvenile court may appoint an attorney guardian ad litem under Section
8365 78A-2-803, or as otherwise provided by law, to represent a child under this chapter.
8366 (7) A juvenile court may not vest custody of a minor facing a delinquency proceeding
8367 under this chapter in the Division of Child and Family Services, except as provided in Chapter
8368 3, Abuse, Neglect, and Dependency Proceedings.
8369 Section 170. Section 80-6-603 is enacted to read:
8370 80-6-603. Rights of minors facing delinquency proceedings.
8371 If a minor is facing a delinquency proceeding under this chapter, the minor has the right
8372 to:
8373 (1) appear in person in the proceeding for the petition or the criminal information;
8374 (2) defend, in person or by counsel, against the allegations in the petition or the
8375 criminal information;
8376 (3) receive a copy of the petition or the criminal information;
8377 (4) testify on the minor's own behalf;
8378 (5) confront the witnesses against the minor;
8379 (6) secure the attendance of witnesses on the minor's behalf under Section 78A-6-351;
8380 (7) be represented by counsel at all stages of the proceedings;
8381 (8) be appointed an indigent defense service provider and be provided indigent defense
8382 services in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel;
8383 (9) remain silent and be advised that anything the minor says can and will be used
8384 against the minor in any court proceedings; and
8385 (10) appeal any adjudication under this chapter.
8386 Section 171. Section 80-6-604 is enacted to read:
8387 80-6-604. Victim's rights -- Access to juvenile court records.
8388 (1) (a) If a minor is charged in a petition or information under this chapter for an
8389 offense that if committed by an adult would be a felony or a class A or class B misdemeanor, a
8390 victim of any act charged in the petition or information shall, upon request, be afforded all
8391 rights afforded to victims in:
8392 (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
8393 (ii) Title 77, Chapter 37, Victims' Rights;
8394 (iii) Title 77, Chapter 38, Rights of Crime Victims Act; and
8395 (iv) Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
8396 (b) The notice provisions in Section 77-38-3 do not apply to important juvenile justice
8397 hearings as defined in Section 77-38-2.
8398 (2) A victim, upon request to the appropriate juvenile court personnel, shall have the
8399 right to inspect and duplicate juvenile court records related to the offense against the victim
8400 that have not been expunged under Part 10, Juvenile Records and Expungement, concerning:
8401 (a) the scheduling of any juvenile court hearings on a petition or information filed
8402 under this chapter;
8403 (b) any findings made by the juvenile court; and
8404 (c) any order or disposition imposed by the juvenile court.
8405 Section 172. Section 80-6-605, which is renumbered from Section 78A-6-703.4 is
8406 renumbered and amended to read:
8407 [
8408 Procedure.
8409 (1) At the time that a prosecuting attorney [
8410 80-6-305, or a criminal information under Section 80-6-503 for a felony offense alleged to
8411 have been committed by a minor who is 14 years old or older [
8412 file a motion to extend the juvenile court's continuing jurisdiction over the minor's case until
8413 the minor is 25 years old if:
8414 (a) the minor was the principal actor in the offense; and
8415 (b) the petition or [
8416 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
8417 (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
8418 (iii) Section 76-5-203, murder or attempted murder;
8419 (iv) Section 76-5-302, aggravated kidnapping;
8420 (v) Section 76-5-405, aggravated sexual assault;
8421 (vi) Section 76-6-103, aggravated arson;
8422 (vii) Section 76-6-203, aggravated burglary;
8423 (viii) Section 76-6-302, aggravated robbery;
8424 (ix) Section 76-10-508.1, felony discharge of a firearm; or
8425 (x) (A) an offense other than the offenses listed in Subsections (1)(b)(i) through (ix)
8426 involving the use of a dangerous weapon that would be a felony if committed by an adult; and
8427 (B) the minor has been previously adjudicated or convicted of an offense involving the
8428 use of a dangerous weapon that would have been a felony if committed by an adult.
8429 (2) (a) Notwithstanding Subsection (1), either party may file a motion to extend the
8430 juvenile court's continuing jurisdiction after a determination by the juvenile court that the
8431 minor will not be bound over to the district court under Section [
8432 (3) The juvenile court shall make a determination on a motion under Subsection (1) or
8433 (2) at the time of disposition.
8434 (4) The juvenile court shall extend the continuing jurisdiction over the minor's case
8435 until the minor is 25 years old if the juvenile court finds, by a preponderance of the evidence,
8436 that extending continuing jurisdiction is in the best interest of the minor and the public.
8437 (5) In considering whether it is in the best interest of the minor and the public for the
8438 court to extend jurisdiction over the minor's case until the minor is 25 years old, the juvenile
8439 court shall consider and base the juvenile court's decision on:
8440 (a) whether the protection of the community requires an extension of jurisdiction
8441 beyond the age of 21;
8442 (b) the extent to which the minor's actions in the offense were committed in an
8443 aggressive, violent, premeditated, or willful manner;
8444 (c) the minor's mental, physical, educational, trauma, and social history; and
8445 (d) the criminal record and previous history of the minor.
8446 (6) The amount of weight that each factor in Subsection (5) is given is in the juvenile
8447 court's discretion.
8448 (7) (a) The juvenile court may consider written reports and other materials relating to
8449 the minor's mental, physical, educational, trauma, and social history.
8450 (b) Upon request by the minor, the minor's parent, guardian, or other interested party,
8451 the juvenile court shall require the person preparing the report or other material to appear and
8452 be subject to both direct and cross-examination.
8453 (8) A minor may testify under oath, call witnesses, cross-examine witnesses, and
8454 present evidence on the factors described in Subsection (5).
8455 Section 173. Section 80-6-606 is enacted to read:
8456 80-6-606. Validated risk and needs assessment -- Examination of minor or minor's
8457 parent or guardian.
8458 (1) (a) If a minor is adjudicated for an offense under this chapter, the minor shall
8459 undergo a risk screening or, if indicated, a validated risk and needs assessment.
8460 (b) If a minor undergoes a risk screening or a validated risk and needs assessment, the
8461 results of the screening or assessment shall be used to inform the juvenile court's disposition
8462 and any case planning for the minor.
8463 (c) If a minor undergoes a validated risk and needs assessment, the results of the
8464 assessment may not be shared with the juvenile court before the adjudication of the minor.
8465 (2) If the juvenile court's continuing jurisdiction over a minor's case is terminated, the
8466 minor shall undergo a validated risk and needs assessment within seven days of the day on
8467 which an order terminating the juvenile court's continuing jurisdiction is issued if:
8468 (a) the minor is adjudicated under this chapter; and
8469 (b) the minor underwent a validated risk and needs assessment under Subsection (1).
8470 (3) (a) If a petition under this chapter has been filed for a minor, a juvenile court may:
8471 (i) order that the minor be examined by a physician, surgeon, psychiatrist, or
8472 psychologist; and
8473 (ii) place the minor in a hospital or other facility for examination.
8474 (b) After notice and a hearing set for the specific purpose, the juvenile court may order
8475 an examination of a minor's parent or guardian whose ability to care for a minor is at issue if
8476 the juvenile court finds from the evidence presented at the hearing that the parent's or
8477 guardian's physical, mental, or emotional condition may be a factor in causing the delinquency
8478 of the minor.
8479 (c) An examination conducted in accordance with this Subsection (3) is not a
8480 privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from
8481 the general rule of privilege.
8482 Section 174. Section 80-6-607, which is renumbered from Section 78A-6-123 is
8483 renumbered and amended to read:
8484 [
8485 (1) For a minor adjudicated and placed on probation under Section 80-6-702 or [
8486
8487 Section [
8488 (a) developed in collaboration with the minor and the minor's family;
8489 (b) individualized to the minor;
8490 (c) informed by the results of a validated risk and needs assessment under Section
8491 80-6-606 ; and
8492 (d) tailored to the minor's offense and history.
8493 (2) (a) The Administrative Office of the Courts and the[
8494
8495 to the behaviors of minors:
8496 (i) undergoing nonjudicial adjustments;
8497 (ii) whose case is under the jurisdiction of the juvenile court; and
8498 (iii) in the custody of the [
8499 (b) The system of responses shall include both sanctions and incentives that:
8500 (i) are swift and certain;
8501 (ii) include a continuum of community based responses for minors living at home;
8502 (iii) target a minor's criminogenic risks and needs, as determined by the results of a
8503 validated risk and needs assessment under Section 80-6-606 , and the severity of the violation;
8504 and
8505 (iv) authorize earned discharge credits as one incentive for compliance.
8506 (c) After considering the juvenile disposition guidelines established by the Sentencing
8507 Commission, [
8508 responses under Subsections (2)(a) and (b) shall be developed.
8509 (3) (a) A response to [
8510 shall be documented in the minor's case plan.
8511 (b) Documentation under Subsection (3)(a) shall include:
8512 [
8513 [
8514 [
8515 (4) Before referring a minor to a juvenile court for judicial review, or to the [
8516
8517
8518 [
8519 pattern of appropriate responses shall be documented in the minor's case plan in accordance
8520 with Subsections (3)(a) and (b) .
8521 (5) Notwithstanding Subsection (4), [
8522
8523 Section 78B-7-803 [
8524 violation may be filed directly with the juvenile court.
8525 Section 175. Section 80-6-608, which is renumbered from Section 78A-6-1104 is
8526 renumbered and amended to read:
8527 [
8528 tests may be taken -- Distribution -- DNA Collection -- Reimbursement .
8529 (1) The[
8530 fingerprints of [
8531 (a) 14 years [
8532 offense that would be a felony if the minor were 18 years old or older; and
8533 (b) admitted to a detention facility [
8534
8535
8536 (2) The [
8537 or older at the time that the minor is alleged to have committed an offense described in
8538 Subsection (2)(a) or (b) to have the minor's fingerprints taken at a detention facility [
8539
8540 (a) adjudicated for an offense that would be a class A misdemeanor if the minor were
8541 18 years [
8542 (b) adjudicated for an offense that would be a felony if the minor were 18 years [
8543
8544
8545 (3) The [
8546 who is:
8547 (a) 14 years [
8548 committed an offense that would be a felony or a class A misdemeanor if the minor were 18
8549 years old or older; and
8550 (b) adjudicated for [
8551
8552 (4) [
8553 fingerprints shall be forwarded to the Bureau of Criminal Identification and may be stored by
8554 electronic medium.
8555 (5) HIV testing shall be conducted on a minor who is taken into custody after having
8556 been adjudicated [
8557 Chapter 5, Part 4, Sexual Offenses, upon the request of:
8558 (a) the victim[
8559 (b) the parent or guardian of a victim who is younger than 14 years [
8560 (c) the [
8561 defined in Section 62A-3-301.
8562 (6) HIV testing shall be conducted on a minor against whom a petition has been filed
8563 or a pickup order has been issued for the commission of any offense under Title 76, Chapter 5,
8564 Part 4, Sexual Offenses[
8565 (a) upon the request of:
8566 (i) the victim[
8567 (ii) the parent or guardian of a victim who is younger than 14 years [
8568 (iii) the [
8569 defined in Section 62A-3-301[
8570 (b) in which:
8571 [
8572 order, or any other order based upon probable cause regarding the alleged offense; and
8573 [
8574 alleged victim has been exposed to HIV infection as a result of the alleged offense.
8575 (7) HIV tests, photographs, and fingerprints may not be taken of a child who is younger
8576 than 14 years [
8577 (8) (a) Photographs taken under this section may be distributed or disbursed to [
8578
8579 (i) state and local law enforcement agencies;
8580 (ii) the judiciary; and
8581 (iii) the [
8582 (b) Fingerprints may be distributed or disbursed to [
8583
8584 (i) state and local law enforcement agencies;
8585 (ii) the judiciary;
8586 (iii) the [
8587 (iv) agencies participating in the Western Identification Network.
8588 [
8589
8590
8591 (9) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
8592 of the juvenile court as described in Subsection 53-10-403(3).
8593 (b) The DNA specimen shall be obtained, in accordance with Subsection 53-10-404(4),
8594 by:
8595 (i) designated employees of the juvenile court; or
8596 (ii) if the minor is committed to the division, designated employees of the division.
8597 (c) The responsible agency under Subsection (9)(b) shall ensure that an employee
8598 designated to collect the saliva DNA specimens receives appropriate training and that the
8599 specimens are obtained in accordance with accepted protocol.
8600 (d) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the
8601 DNA Specimen Restricted Account created in Section 53-10-407.
8602 (e) Payment of the reimbursement is second in priority to payments the minor is
8603 ordered to make for restitution under Section 80-6-710 and for treatment ordered under Section
8604 80-3-403.
8605 Section 176. Section 80-6-609, which is renumbered from Section 78A-6-122 is
8606 renumbered and amended to read:
8607 [
8608 (1) As used in this section, "restrained" means the use of handcuffs, chains, shackles,
8609 zip ties, irons, straightjackets, and any other device or method [
8610 immobilize a [
8611 (2) (a) The Judicial Council shall adopt rules that address the circumstances under
8612 which a [
8613 (b) The Judicial Council shall ensure that the rules consider both the welfare of the
8614 [
8615 (c) A [
8616 restraint is authorized by rules of the Judicial Council.
8617 Section 177. Section 80-6-610, which is renumbered from Section 78A-6-1113 is
8618 renumbered and amended to read:
8619 [
8620 parent or legal guardian -- Criminal conviction or adjudication for criminal mischief or
8621 criminal trespass not a prerequisite for civil action -- When parent or guardian not liable.
8622 (1) [
8623 [
8624 (a) the minor intentionally damages, defaces, destroys, or takes the property of another;
8625 (b) the minor recklessly or willfully shoots or propels a missile, or other object at or
8626 against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether
8627 moving or standing; or
8628 (c) the minor intentionally and unlawfully tampers with the property of another and
8629 thereby recklessly endangers human life or recklessly causes or threatens a substantial
8630 interruption or impairment of any public utility service.
8631 (2) [
8632 [
8633 [
8634 (a) for the benefit of, at the direction of, or in association with any criminal street gang
8635 as defined in Section 76-9-802; or
8636 (b) to gain recognition, acceptance, membership, or increased status with a criminal
8637 street gang.
8638 (3) [
8639
8640
8641 (4) As used in this section, property damage described under Subsection (1)(a) or (c),
8642 or Subsection (2), includes graffiti, as defined in Section 76-6-107.
8643 (5) A court may waive part or all of the liability for damages under this section by the
8644 [
8645
8646 after the minor is adjudicated, the court finds, upon the record:
8647 (a) good cause; or
8648 (b) the parent or [
8649 (i) made a reasonable effort to restrain the wrongful conduct; and
8650 (ii) reported the conduct to the property owner involved or the law enforcement agency
8651 having primary jurisdiction after the parent or guardian knew of the minor's unlawful act.
8652 (6) A report is not required under Subsection (5)(b) from a parent or [
8653 the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the
8654 property owner involved.
8655 (7) A conviction for criminal mischief under Section 76-6-106, criminal trespass under
8656 Section 76-6-206, or an adjudication under Section [
8657 precedent to a civil action authorized under Subsection (1) or (2).
8658 (8) A parent or guardian is not liable under Subsection (1) or (2) if the parent or
8659 guardian made a reasonable effort to supervise and direct [
8660 the event the parent or guardian knew in advance of the possible taking, injury, or destruction
8661 by [
8662 Section 178. Section 80-6-701 is enacted to read:
8663
8664 80-6-701. Adjudication of an offense.
8665 (1) (a) If the juvenile court finds, by beyond a reasonable doubt, that the allegations in
8666 a petition under Section 80-6-305, or a criminal information under 80-6-503, are true at the
8667 adjudication hearing, the juvenile court may order a disposition for a minor under this part.
8668 (b) In determining the proper disposition for a minor under Subsection (1), the juvenile
8669 court may consider written reports and materials in accordance with Utah Rules of Juvenile
8670 Procedure, Rule 45.
8671 (c) Except as otherwise provided by this chapter, the juvenile court may combine the
8672 dispositions under this part if the dispositions are compatible.
8673 (d) If the juvenile court orders any disposition under this part, including an order for
8674 secure detention under Section 80-6-704, the disposition shall be served concurrently with any
8675 other disposition for detention or secure care.
8676 (2) The juvenile court shall adjudicate a minor's case in accordance with the Utah
8677 Rules of Juvenile Procedure.
8678 (3) (a) If an offense committed by a minor comes within the juvenile court's
8679 jurisdiction, the juvenile court is not required to make findings of fact upon which the juvenile
8680 court bases the juvenile court's jurisdiction for an offense described in Subsection
8681 78A-6-103(1).
8682 (b) For an offense not described in Subsection 78A-6-103(1), the juvenile court shall
8683 make findings of fact upon which the juvenile court bases the juvenile court's jurisdiction.
8684 Section 179. Section 80-6-702 is enacted to read:
8685 80-6-702. Probation or protective supervision -- Conditions for probation.
8686 (1) If a minor is adjudicated under Section 80-6-701, the juvenile court may place the
8687 minor on probation, or under protective supervision in accordance with Subsection (3) if the
8688 minor is a child, in the minor's own home and upon conditions determined by the juvenile
8689 court, including community or compensatory service.
8690 (2) (a) If the juvenile court orders a condition under Subsection (1), the condition shall
8691 be:
8692 (i) individualized and address a specific risk or need;
8693 (ii) based on information provided to the juvenile court, including the results of a
8694 validated risk and needs assessment conducted under Section 80-6-606; and
8695 (iii) if the juvenile court orders substance abuse treatment or an educational series,
8696 based on a validated risk and needs assessment conducted under Section 80-6-606.
8697 (b) A juvenile court may not issue a standard order that contains control-oriented
8698 conditions.
8699 (c) If the juvenile court orders a prohibition on weapon possession as a condition under
8700 Subsection (1), the prohibition shall be specific to the minor and not the minor's family.
8701 (3) If the juvenile court orders protective supervision, the Division of Child and Family
8702 Services may not provide protective supervision unless there is a petition filed under Section
8703 80-3-201 that requests that the Division of Child and Family Services provide protective
8704 supervision.
8705 (4) (a) If the juvenile court places a minor on probation, the juvenile court shall
8706 establish the period of time that a minor is on probation in accordance with Section 80-6-712.
8707 (b) An order for probation or protective supervision shall include a date for review and
8708 presumptive termination of the case by the juvenile court in accordance with Section 80-6-712.
8709 (c) For each review of a minor's case under Subsection (4)(b), the juvenile court shall
8710 set a new date for a review and presumptive termination of the minor's case.
8711 (5) (a) If a minor is adjudicated under this chapter, the juvenile court may order a
8712 minor's parent, guardian, or custodian, or any other person who has been made a party to the
8713 proceedings, to comply with reasonable conditions, including:
8714 (i) parent-time by the minor's parent;
8715 (ii) restrictions on the individuals that the minor associates with;
8716 (iii) restrictions on the minor's occupation and any other activity; and
8717 (iv) requirements to be observed by the minor's parent, guardian, or custodian.
8718 (b) If a minor's parent, guardian, or custodian successfully completes a family or other
8719 counseling program, the minor may be credited by the juvenile court for time spent in
8720 detention, in secure care, or on probation.
8721 Section 180. Section 80-6-703 is enacted to read:
8722 80-6-703. Placement of a child -- Commitment of a minor to the Division of
8723 Juvenile Justice Services -- Limitations.
8724 (1) (a) If a child is adjudicated for an offense under Section 80-6-701, the juvenile
8725 court may:
8726 (i) place the child in the legal custody of a relative or other suitable individual
8727 regardless of whether the minor is placed on probation under Subsection 80-6-702(1); or
8728 (ii) appoint a guardian for the child if it appears that a guardian is necessary in the
8729 interest of the child.
8730 (b) The juvenile court may not assume the function of developing foster home services
8731 in placing a child in the legal custody of a relative or other suitable individual under Subsection
8732 (1)(a).
8733 (c) (i) If the juvenile court appoints a guardian for a child under Subsection (1)(a)(ii),
8734 the juvenile court:
8735 (A) may appoint a public or private institution or agency as the guardian of the child;
8736 and
8737 (B) may not appoint a nonsecure residential placement provider for which legal
8738 custody of the child is vested.
8739 (d) In placing a child under the guardianship or legal custody of an individual or
8740 private agency or institution under Subsection (1)(a)(ii), the juvenile court:
8741 (i) shall give primary consideration to the welfare of the child; and
8742 (ii) may take into consideration the religious preferences of the child and the child's
8743 parent.
8744 (2) If a minor is adjudicated under Section 80-6-701, the juvenile court shall only
8745 commit the minor to the division and order the division to provide recommendations and
8746 services if:
8747 (a) nonresidential treatment options have been exhausted or nonresidential treatment
8748 options are not appropriate; and
8749 (b) the minor is adjudicated under this chapter for:
8750 (i) a felony;
8751 (ii) a misdemeanor when the minor has five prior misdemeanors or felony
8752 adjudications arising from separate criminal episodes; or
8753 (iii) a misdemeanor involving the use of a dangerous weapon as defined in Section
8754 76-1-601.
8755 (3) A juvenile court may not commit a minor to the division:
8756 (a) for residential observation and evaluation or residential observation and
8757 assessment;
8758 (b) for contempt of court, except to the extent permitted under Section 78A-6-353;
8759 (c) for a violation of probation;
8760 (d) for failure to pay a fine, fee, restitution, or other financial obligation;
8761 (e) for unfinished compensatory or community service hours;
8762 (f) for an infraction; or
8763 (g) for a status offense.
8764 (4) If the juvenile court commits a minor to the division, the juvenile court shall:
8765 (a) find whether the minor is being committed to the division for placement in a
8766 community-based program, secure detention under Section 80-6-704, or secure care under
8767 Section 80-6-705;
8768 (b) specify the criteria under Subsection (3) for which the juvenile court is committing
8769 the minor to the division; and
8770 (c) establish the period of time that the minor is committed to the division in
8771 accordance with Section 80-6-712.
8772 (5) (a) Except for an order for secure care under Section 80-6-705, if the juvenile court
8773 commits a minor to the division, or places the minor with an individual under this section, the
8774 juvenile court shall include in the order a date for a review and presumptive termination of the
8775 minor's case by the juvenile court in accordance with Section 80-6-712.
8776 (b) For each review of a minor's case under Subsection (5)(a), the juvenile court shall
8777 set a new date for a review and presumptive termination of the minor's case.
8778 (6) If a minor is adjudicated for an offense under Section 80-6-701, a juvenile court
8779 may not commit a minor to:
8780 (a) except as provided in Subsection (7), the Division of Child and Family Services; or
8781 (b) a correctional facility.
8782 (7) The juvenile court may not commit a minor to the Division of Child and Family
8783 Services to address the minor's ungovernable or other behavior, mental health, or disability,
8784 unless the Division of Child and Family Services:
8785 (a) engages other relevant divisions of the department in conducting an assessment of
8786 the minor and the minor's family's needs;
8787 (b) based on an assessment under Subsection (7)(a), determines that committing the
8788 minor to the Division of Child and Family Services is the least restrictive intervention for the
8789 minor that meets the minor's needs; and
8790 (c) consents to the minor being committed to the Division of Child and Family
8791 Services.
8792 (8) If a minor is committed to the division under this section, the division may not
8793 transfer custody of the minor to a correctional facility.
8794 Section 181. Section 80-6-704 is enacted to read:
8795 80-6-704. Detention or alternative to detention -- Limitations.
8796 (1) (a) The juvenile court may order a minor to detention, or an alternative to detention,
8797 if the minor is adjudicated for:
8798 (i) an offense under Section 80-6-701; or
8799 (ii) contempt of court under Section 78A-6-353.
8800 (b) Except as provided in Subsection 78A-6-353(3), and subject to the juvenile court
8801 retaining continuing jurisdiction over a minor's case, the juvenile court may order a minor to
8802 detention, or an alternative to detention, under Subsection (1) for a period not to exceed 30
8803 cumulative days for an adjudication.
8804 (c) If a minor is held in detention before an adjudication, the time spent in detention
8805 before the adjudication shall be credited toward the 30 cumulative days eligible as a disposition
8806 under Subsection (1)(a).
8807 (d) If a minor spent more than 30 days in detention before a disposition under
8808 Subsection (1), the juvenile court may not order the minor to detention under this section.
8809 (2) An order for detention under Subsection (1) may not be suspended upon conditions
8810 ordered by the juvenile court.
8811 (3) A juvenile court may not order a minor to detention for:
8812 (a) contempt of court, except to the extent permitted under Section 78A-6-353;
8813 (b) a violation of probation;
8814 (c) failure to pay a fine, fee, restitution, or other financial obligation;
8815 (d) unfinished compensatory or community service hours;
8816 (e) an infraction; or
8817 (f) a status offense.
8818 (4) (a) If a minor is held in detention under this section, the minor is eligible to receive
8819 credit for good behavior against the period of detention.
8820 (b) The rate of credit is one day of credit for good behavior for every three days spent
8821 in detention.
8822 (5) (a) A minor may not be held in secure detention following a disposition by the
8823 juvenile court:
8824 (i) under Chapter 3, Abuse, Neglect, and Dependency Proceedings; or
8825 (ii) except as provided in Subsection (5)(b), for a community-based program.
8826 (b) If a minor is awaiting placement by the division under Section 80-6-703, a minor
8827 may not be held in secure detention for longer than 72 hours, excluding weekends and
8828 holidays.
8829 (c) The period of detention under Subsection (5)(b) may be extended by the juvenile
8830 court for a cumulative total of seven calendar days if:
8831 (i) the division, or another agency responsible for placement, files a written petition
8832 with the juvenile court requesting the extension and setting forth good cause; and
8833 (ii) the juvenile court enters a written finding that it is in the best interests of both the
8834 minor and the community to extend the period of detention.
8835 (d) The juvenile court may extend the period of detention beyond the seven calendar
8836 days if the juvenile court finds, by clear and convincing evidence, that:
8837 (i) the division, or another agency responsible for placement, does not have space for
8838 the minor; and
8839 (ii) the safety of the minor and community requires an extension of the period of
8840 detention.
8841 (e) The division, or the agency with custody of the minor, shall report to the juvenile
8842 court every 48 hours, excluding weekends and holidays, regarding whether the division, or
8843 another agency responsible for placement, has space for the minor.
8844 (f) The division, or agency, requesting an extension shall promptly notify the detention
8845 facility that a written petition has been filed.
8846 (g) The juvenile court shall promptly notify the detention facility regarding the juvenile
8847 court's initial disposition and any ruling on a petition for an extension, whether granted or
8848 denied.
8849 Section 182. Section 80-6-705 is enacted to read:
8850 80-6-705. Secure care -- Limitations -- Order for therapy for parent with minor in
8851 secure care.
8852 (1) If a minor is adjudicated for an offense under Section 80-6-701, the juvenile court
8853 may order the minor to secure care if the juvenile court finds that:
8854 (a) (i) the minor poses a risk of harm to others; or
8855 (ii) the minor's conduct resulted in the victim's death; and
8856 (b) the minor is adjudicated for:
8857 (i) a felony offense;
8858 (ii) a misdemeanor offense if the minor has five prior misdemeanor or felony
8859 adjudications arising from separate criminal episodes; or
8860 (iii) a misdemeanor offense involving use of a dangerous weapon as defined in Section
8861 76-1-601.
8862 (2) A juvenile court may not order a minor to secure care for:
8863 (a) contempt of court;
8864 (b) a violation of probation;
8865 (c) failure to pay a fine, fee, restitution, or other financial obligation;
8866 (d) unfinished compensatory or community service hours;
8867 (e) an infraction; or
8868 (f) a status offense.
8869 (3) The juvenile court may, on the recommendation of the division, order a parent of a
8870 minor in secure care to undergo group rehabilitation therapy under the direction of a therapist,
8871 who has supervision of the minor in secure care, or any other therapist for a period
8872 recommended by the division.
8873 Section 183. Section 80-6-706 is enacted to read:
8874 80-6-706. Treatment -- Commitment to local health authority or Utah State
8875 Developmental Center.
8876 (1) If a minor is adjudicated under Section 80-6-701, the juvenile court may order:
8877 (a) a nonresidential, diagnostic assessment for the minor, including a risk assessment
8878 for substance use disorder, mental health, psychological, or sexual behavior;
8879 (b) the minor to be examined or treated by a physician, surgeon, psychiatrist, or
8880 psychologist; or
8881 (c) other care for the minor.
8882 (2) For purposes of receiving the examination, treatment, or care described in
8883 Subsection (1), the juvenile court may place the minor in a hospital or other suitable facility
8884 that is not secure care or secure detention.
8885 (3) In determining whether to order the examination, treatment, or care described in
8886 Subsection (1), the juvenile court shall consider:
8887 (a) the desires of the minor;
8888 (b) if the minor is a child, the desires of the minor's parent or guardian; and
8889 (c) whether the potential benefits of the examination, treatment, or care outweigh the
8890 potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
8891 function impairment, or emotional or physical harm resulting from the compulsory nature of
8892 the examination, treatment, or care.
8893 (4) (a) If the juvenile court orders examination, treatment, or care for a child under
8894 Subsection (1) and the child is committed to the division under Subsection 80-6-703(2), the
8895 division shall:
8896 (i) take reasonable measures to notify the child's parent or guardian of any
8897 non-emergency health treatment or care scheduled for the child;
8898 (ii) include the child's parent or guardian as fully as possible in making health care
8899 decisions for the child; and
8900 (iii) defer to the child's parent's or guardian's reasonable and informed decisions
8901 regarding the child's health care to the extent that the child's health and well-being are not
8902 unreasonably compromised by the parent's or guardian's decision.
8903 (b) The division shall notify the parent or guardian of a child within five business days
8904 after a child committed to the division receives emergency health care or treatment.
8905 (c) The division shall use the least restrictive means to accomplish the care and
8906 treatment of a child described under Subsection (1).
8907 (5) If a child is adjudicated for an offense under Section 80-6-701, the juvenile court
8908 may commit the child to the physical custody, as defined in Section 62A-15-701, of a local
8909 mental health authority in accordance with the procedures and requirements in Title 62A,
8910 Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
8911 Mental Health.
8912 (6) (a) If a minor is adjudicated for an offense under Section 80-6-701, and the minor
8913 has an intellectual disability, the juvenile court may commit the minor to the Utah State
8914 Developmental Center in accordance with Title 62A, Chapter 5, Part 3, Admission to an
8915 Intermediate Care Facility for People with an Intellectual Disability.
8916 (b) The juvenile court shall follow the procedure applicable in the district courts with
8917 respect to judicial commitments to the Utah State Developmental Center when ordering a
8918 commitment under Subsection (6)(a).
8919 Section 184. Section 80-6-707, which is renumbered from Section 78A-6-606 is
8920 renumbered and amended to read:
8921 [
8922 [
8923
8924
8925 [
8926 [
8927 [
8928 [
8929 [
8930 [
8931 [
8932 [
8933
8934
8935 [
8936
8937
8938
8939
8940 [
8941
8942 (1) This section applies to a minor who:
8943 (a) at the time that the minor is adjudicated under Section 80-6-701, is at least the age
8944 eligible for a driver license under Section 53-3-204; and
8945 (b) is found by the juvenile court to be in actual physical control of a motor vehicle
8946 during the commission of the offense for which the minor is adjudicated.
8947 (2) (a) Except as otherwise provided by this section, if a minor is adjudicated for a
8948 violation of a traffic law by the juvenile court under Section 80-6-701, the juvenile court may:
8949 (i) suspend the minor's driving privileges; and
8950 (ii) take possession of the minor's driver license.
8951 (b) The juvenile court may order any other eligible disposition under Subsection (1),
8952 except for a disposition under Section 80-6-703 or 80-6-705.
8953 (c) If a juvenile court suspends a minor's driving privileges under Subsection (2)(a):
8954 (i) the juvenile court shall prepare and send the order to the Driver License Division of
8955 the Department of Public Safety; and
8956 (ii) the minor's license shall be suspended under Section 53-3-219.
8957 [
8958 53-3-219 if:
8959 (i) the violation is the minor's first violation of:
8960 (A) Section 32B-4-409;
8961 (B) Section 32B-4-410;
8962 (C) Section 58-37-8;
8963 (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
8964 (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
8965 (F) Subsection 76-9-701(1); and
8966 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
8967 (B) the minor demonstrates substantial progress in substance use disorder treatment[
8968 or
8969 [
8970 (b) (i) the violation is the minor's second or subsequent violation of:
8971 (A) Section 32B-4-409;
8972 (B) Section 32B-4-410;
8973 (C) Section 58-37-8;
8974 (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
8975 (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
8976 (F) Subsection 76-9-701(1);
8977 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
8978 demonstrated substantial progress in substance use disorder treatment; and
8979 (iii) (A) the [
8980 sworn statement to the juvenile court that the [
8981 alcohol or drugs for at least a one-year consecutive period during the suspension period
8982 imposed under [
8983 (B) the [
8984 old and the minor's parent or legal guardian [
8985 to the juvenile court certifying that to the parent or [
8986 minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period
8987 during the suspension period imposed under [
8988 [
8989 age violation, as defined in Section 32B-4-411:
8990 (i) the juvenile court may forward a record of adjudication to the Department of Public
8991 Safety for a first or subsequent violation; and
8992 (ii) the minor's driving privileges will be suspended:
8993 (A) for a period of at least one year under Section 53-3-220 for a first conviction for a
8994 violation of Section 32B-4-411; or
8995 (B) for a period of two years for a second or subsequent conviction for a violation of
8996 Section 32B-4-411.
8997 [
8998 Subsection [
8999 (i) the violation is the minor's first violation of Section 32B-4-411; and
9000 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
9001 (B) the minor demonstrates substantial progress in substance use disorder treatment.
9002 [
9003 Subsection [
9004 (i) the violation is the minor's second or subsequent violation of Section 32B-4-411;
9005 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
9006 demonstrated substantial progress in substance use disorder treatment; and
9007 (iii) (A) the [
9008 sworn statement to the court that the [
9009 drugs for at least a one-year consecutive period during the suspension period imposed under
9010 Subsection [
9011 (B) the [
9012 [
9013 court certifying that to the parent or [
9014 unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the
9015 suspension period imposed under Subsection [
9016 [
9017
9018
9019 [
9020 [
9021 [
9022 [
9023
9024 [
9025 [
9026 of a [
9027 suspended under this section, the Department of Public Safety shall extend the suspension for a
9028 like period of time.
9029 Section 185. Section 80-6-708 is enacted to read:
9030 80-6-708. Service in National Guard.
9031 If a minor is adjudicated under Section 80-6-701, the minor may be given a choice by
9032 the juvenile court to serve in the National Guard in lieu of other sanctions described in this part
9033 if:
9034 (1) the minor meets the current entrance qualifications for service in the National
9035 Guard as determined by a recruiter, whose determination is final;
9036 (2) the offense:
9037 (a) would be a felony if committed by an adult;
9038 (b) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
9039 (c) was committed with a weapon; and
9040 (3) the juvenile court retains jurisdiction over the minor's case under conditions set by
9041 the juvenile court and agreed upon by the recruiter or the unit commander to which the minor is
9042 eventually assigned.
9043 Section 186. Section 80-6-709 is enacted to read:
9044 80-6-709. Payment of fines, fees, restitution, or other costs -- Community or
9045 compensatory service -- Property damage -- Unpaid balances.
9046 (1) (a) If a minor is adjudicated for an offense under Section 80-6-701, the juvenile
9047 court may order a minor to:
9048 (i) pay a fine, fee, or other cost;
9049 (ii) pay restitution in accordance with Section 80-6-710; or
9050 (iii) complete community or compensatory service hours.
9051 (b) (i) If the juvenile court orders the minor to pay restitution under Subsection (1)(a), a
9052 juvenile probation officer may permit the minor to complete a work program in lieu of paying
9053 part or all of the restitution by the juvenile court.
9054 (ii) If the juvenile court orders the minor to complete community or compensatory
9055 service hours, a juvenile probation officer may permit the minor to complete a work program to
9056 help the minor complete the community or compensatory service hours.
9057 (c) The juvenile court may, through a juvenile probation officer, encourage the
9058 development of nonresidential employment or a work program to enable a minor to fulfill the
9059 minor's obligations under Subsection (1)(a).
9060 (d) Notwithstanding this section, a juvenile court may not place a minor on a ranch,
9061 forestry camp, or other residential work program for care or work.
9062 (2) If the juvenile court orders a minor to pay a fine, fee, restitution, or other cost, or to
9063 complete community or compensatory service hours, the juvenile court shall consider the
9064 dispositions collectively to ensure that an order:
9065 (a) is reasonable;
9066 (b) prioritizes restitution; and
9067 (c) takes into account the minor's ability to satisfy the order within the presumptive
9068 period of supervision under Section 80-6-712, or Section 80-6-802 if the minor is ordered to
9069 secure care.
9070 (3) (a) If the juvenile court orders a minor to pay a fine, fee, or other cost, or complete
9071 community or compensatory service hours, the cumulative order shall be limited per criminal
9072 episode as follows:
9073 (i) for a minor under 16 years old at the time of adjudication, the juvenile court may
9074 impose up to $190 or up to 24 hours of community or compensatory service; and
9075 (ii) for a minor 16 years old or older at the time of adjudication, the juvenile court may
9076 impose up to $280 or up to 36 hours of community or compensatory service.
9077 (b) The cumulative order under Subsection (3)(a) does not include restitution.
9078 (4) (a) If the juvenile court converts a fine, fee, or restitution amount to compensatory
9079 service hours, the rate of conversion shall be no less than the minimum wage.
9080 (b) If the juvenile court orders a minor to complete community service, the
9081 presumptive service order shall include between five and 10 hours of service.
9082 (c) If a minor completes an approved substance use disorder prevention or treatment
9083 program or other court-ordered condition, the minor may be credited with compensatory
9084 service hours for the completion of the program or condition by the juvenile court.
9085 (5) (a) If a minor commits an offense involving the use of graffiti under Section
9086 76-6-106 or 76-6-206, the juvenile court may order the minor to clean up graffiti created by the
9087 minor or any other individual at a time and place within the jurisdiction of the juvenile court.
9088 (b) The minor may complete the order of the juvenile court under Subsection (5)(a) in
9089 the presence and under the direct supervision of the minor's parent, guardian, or custodian.
9090 (c) The minor's parent, guardian, or custodian shall report completion of the order to
9091 the juvenile court.
9092 (d) The juvenile court may also require the minor to perform other alternative forms of
9093 restitution or repair to the damaged property in accordance with Section 80-6-710.
9094 (6) (a) Except as provided in Subsection (6)(b), the juvenile court may issue orders
9095 necessary for the collection of restitution and fines ordered under this section, including
9096 garnishments, wage withholdings, and executions.
9097 (b) The juvenile court may not issue an order under Subsection (6)(a) if the juvenile
9098 court orders a disposition that changes custody of a minor, including detention, secure care, or
9099 any other secure or nonsecure residential placement.
9100 (7) Any information necessary to collect unpaid fines, fees, assessments, bail, or
9101 restitution may be forwarded to employers, financial institutions, law enforcement, constables,
9102 the Office of Recovery Services, or other agencies for purposes of enforcing an order under this
9103 section.
9104 (8) (a) If, before the entry of any order terminating the juvenile court's continuing
9105 jurisdiction over a minor's case, there remains an unpaid balance for any fine, fee, or restitution
9106 ordered by the juvenile court, the juvenile court shall record all pertinent information for the
9107 unpaid balance in the minor's file.
9108 (b) The juvenile court may not transfer responsibility to collect unpaid fines, fees,
9109 surcharges, and restitution for a minor's case to the Office of State Debt Collection created in
9110 Section 63A-3-502.
9111 (c) The juvenile court shall reduce a restitution order to a judgment and list the victim,
9112 or the estate of the victim, as the judgment creditor in the judgment.
9113 Section 187. Section 80-6-710 is enacted to read:
9114 80-6-710. Restitution -- Requirements.
9115 (1) If a minor is adjudicated under Section 80-6-701, the juvenile court may order the
9116 minor to repair, replace, or otherwise make restitution for:
9117 (a) material loss caused by an offense listed in the petition; or
9118 (b) conduct for which the minor agrees to make restitution.
9119 (2) Within seven days after the day on which a petition is filed under this chapter, the
9120 prosecuting attorney or a juvenile probation officer shall provide notification of the restitution
9121 process to all reasonably identifiable and locatable victims of an offense listed in the petition.
9122 (3) A victim that receives notice under Subsection (2) is responsible for providing the
9123 prosecutor with:
9124 (a) all invoices, bills, receipts, and any other evidence of the injury or out-of-pocket
9125 loss;
9126 (b) all documentation of any compensation or reimbursement from an insurance
9127 company or a local, state, or federal agency that is related to the injury or out-of-pocket loss;
9128 (c) if available, the victim's proof of identification, including the victim's date of birth,
9129 social security number, or driver license number; and
9130 (d) the victim's contact information, including the victim's current home and work
9131 address and telephone number.
9132 (4) A prosecuting attorney or victim shall submit a request for restitution to the
9133 juvenile court:
9134 (a) if feasible, at the time of disposition; or
9135 (b) within 90 days after disposition.
9136 (5) The juvenile court shall order a financial disposition that prioritizes the payment of
9137 restitution.
9138 (6) To determine whether restitution, or the amount of restitution, is appropriate under
9139 Subsection (1), the juvenile court:
9140 (a) shall only order restitution for the victim's material loss;
9141 (b) may not order restitution if the juvenile court finds that the minor is unable to pay
9142 or acquire the means to pay;
9143 (c) shall credit any amount paid by the minor to the victim in a civil suit against
9144 restitution owed by the minor;
9145 (d) shall take into account the presumptive period of supervision for the minor's case
9146 under Section 80-6-712, or the presumptive period of commitment for secure care under
9147 Section 80-6-804 if the minor is ordered to secure care, in determining the minor's ability to
9148 satisfy the restitution order within that presumptive term; and
9149 (e) shall credit any amount paid to the victim in restitution against liability in a civil
9150 suit.
9151 (7) If the minor and the victim of the adjudicated offense agree to participate, the
9152 juvenile court may refer the minor's case to a restorative justice program, such as victim
9153 offender mediation, to address how loss resulting from the adjudicated offense may be
9154 addressed.
9155 (8) The juvenile court may require a minor to reimburse an individual, entity, or
9156 governmental agency who offered and paid a reward to a person for providing information
9157 resulting in an adjudication of a minor for the commission of an offense.
9158 (9) If a minor is returned to this state in accordance with Title 55, Chapter 12, Interstate
9159 Compact for Juveniles, the juvenile court may order the minor to make restitution for costs
9160 expended by any governmental entity for the return of the minor.
9161 Section 188. Section 80-6-711 is enacted to read:
9162 80-6-711. Suspending a disposition.
9163 (1) Except as otherwise provided in Subsection (2), a juvenile court may not suspend a
9164 disposition ordered under this part.
9165 (2) (a) If a minor qualifies for secure care under Section 80-6-705, the juvenile court
9166 may suspend a disposition for commitment to the division under Section 80-6-703 in lieu of
9167 immediate commitment, upon the condition that the minor commit no new misdemeanor or
9168 felony offense within 90 days after the day on which the juvenile court suspends the disposition
9169 for commitment.
9170 (b) The duration of a suspended disposition under Subsection (2)(a) may not:
9171 (i) exceed 90 days after the day on which the juvenile court suspends the disposition
9172 for commitment; and
9173 (ii) be extended under any circumstance.
9174 (3) The juvenile court may only lift a suspension of a disposition under Subsection
9175 (2)(a):
9176 (a) following adjudication of a new misdemeanor or felony offense committed by the
9177 minor during the period of suspension set out under Subsection (2)(a);
9178 (b) if a new assessment or evaluation has been completed and the assessment or
9179 evaluation recommends that a higher level of care is needed and nonresidential treatment
9180 options have been exhausted or nonresidential treatment options are not appropriate; or
9181 (c) if, after a notice and a hearing, the juvenile court finds:
9182 (i) a new or previous evaluation recommends a higher level of treatment; and
9183 (ii) the minor willfully failed to comply with a lower level of treatment and has been
9184 unsuccessfully discharged from treatment.
9185 (4) A suspended disposition under Subsection (1) may not be imposed without notice
9186 to the minor and the minor's counsel, and a hearing.
9187 Section 189. Section 80-6-712 is enacted to read:
9188 80-6-712. Time periods for supervision of probation or placement -- Termination
9189 of continuing jurisdiction.
9190 (1) If the juvenile court places a minor on probation under Section 80-6-702, the
9191 juvenile court shall establish a period of time for supervision for the minor that is:
9192 (a) if the minor is placed on intake probation, no more than three months; or
9193 (b) if the minor is placed on formal probation, from four to six months, but may not
9194 exceed six months.
9195 (2) (a) If the juvenile court commits a minor to the division under Section 80-6-703,
9196 and the minor's case is under the jurisdiction of the court, the juvenile court shall establish:
9197 (i) for a minor placed out of the home, a period of custody from three to six months,
9198 but may not exceed six months; and
9199 (ii) for aftercare services if the minor was placed out of the home, a period of
9200 supervision from three to four months, but may not exceed four months.
9201 (b) A minor may be supervised for aftercare under Subsection (2)(a)(ii) in the home of
9202 a qualifying relative or guardian, or at an independent living program contracted or operated by
9203 the division.
9204 (3) If the juvenile court orders a minor to secure care, the authority shall:
9205 (a) have jurisdiction over the minor's case; and
9206 (b) apply the provisions of Part 8, Commitment and Parole.
9207 (4) (a) In accordance with Section 80-6-711 and Subsections (1) and (2), the juvenile
9208 court shall terminate continuing jurisdiction over a minor's case at the end of the time period
9209 described in Subsection (1) for probation or Subsection (2) for commitment to the division,
9210 unless:
9211 (i) termination would interrupt the completion of the treatment program determined to
9212 be necessary by the results of a validated risk and needs assessment under Section 80-6-606;
9213 (ii) the minor commits a new misdemeanor or felony offense;
9214 (iii) community or compensatory service hours have not been completed;
9215 (iv) there is an outstanding fine; or
9216 (v) there is a failure to pay restitution in full.
9217 (b) The juvenile court shall determine whether a minor has completed a treatment
9218 program under Subsection (4)(a)(i) by considering:
9219 (i) the recommendations of the licensed service provider for the treatment program;
9220 (ii) the minor's record in the treatment program; and
9221 (iii) the minor's completion of the goals of the treatment program.
9222 (5) Subject to Subsection (8), if one of the circumstances under Subsection (4) exists
9223 the juvenile court may extend supervision for the time needed to address the specific
9224 circumstance.
9225 (6) If a circumstance under Subsection (4)(a)(iii), (iv), or (v) exists, the juvenile court
9226 may extend supervision for no more than three months.
9227 (7) If the juvenile court extends supervision under this section, the grounds for the
9228 extension and the length of any extension shall be recorded in the court records and tracked in
9229 the data system used by the Administrative Office of the Courts and the division.
9230 (8) For a minor who is under the continuing jurisdiction of the juvenile court and
9231 whose supervision is extended under Subsection (4)(a)(iii), (iv), or (v), supervision may only
9232 be extended as intake probation.
9233 (9) If a minor leaves supervision without authorization for more than 24 hours, the
9234 supervision period for the minor shall toll until the minor returns.
9235 (10) This section does not apply to any minor adjudicated under this chapter for:
9236 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
9237 (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
9238 (c) Section 76-5-203, murder or attempted murder;
9239 (d) Section 76-5-205, manslaughter;
9240 (e) Section 76-5-206, negligent homicide;
9241 (f) Section 76-5-207, automobile homicide;
9242 (g) Section 76-5-207.5, automobile homicide involving handheld wireless
9243 communication device;
9244 (h) Section 76-5-208, child abuse homicide;
9245 (i) Section 76-5-209, homicide by assault;
9246 (j) Section 76-5-302, aggravated kidnapping;
9247 (k) Section 76-5-405, aggravated sexual assault;
9248 (l) a felony violation of Section 76-6-103, aggravated arson;
9249 (m) Section 76-6-203, aggravated burglary;
9250 (n) Section 76-6-302, aggravated robbery;
9251 (o) Section 76-10-508.1, felony discharge of a firearm;
9252 (p) (i) an offense other than an offense listed in Subsections (9)(a) through (o)
9253 involving the use of a dangerous weapon, as defined in Section 76-1-601, that is a felony; and
9254 (ii) the minor has been previously adjudicated or convicted of an offense involving the
9255 use of a dangerous weapon; or
9256 (q) a felony offense other than an offense listed in Subsections (9)(a) through (p) and
9257 the minor has been previously committed to the division for secure care.
9258 Section 190. Section 80-6-801 is enacted to read:
9259
9260 80-6-801. Commitment to local mental health authority or Utah State
9261 Developmental Center.
9262 (1) If a child is committed by the juvenile court to the physical custody, as defined in
9263 Section 62A-15-701, of a local mental health authority, or the local mental health authority's
9264 designee, Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of
9265 Substance Abuse and Mental Health, shall govern the commitment and release of the minor.
9266 (2) If a minor is committed to the Utah State Developmental Center, Title 62A,
9267 Chapter 5, Services for People with Disabilities, shall govern the commitment and release of
9268 the minor.
9269 Section 191. Section 80-6-802, which is renumbered from Section 62A-7-404 is
9270 renumbered and amended to read:
9271 [
9272 offenders in secure care.
9273 (1) If a youth offender [
9274 care under Section [
9275
9276 (a) 21 years old;
9277 (b) paroled; or
9278 (c) discharged.
9279 (2) If a serious youth offender [
9280 secure care under Section [
9281
9282 (a) 25 years old;
9283 (b) paroled; or
9284 (c) discharged.
9285 (3) (a) Subject to Subsection (3)(b), a juvenile offender in secure care has the right to:
9286 (i) phone the juvenile offender's parent, guardian, or an attorney while the juvenile
9287 offender is in secure care; and
9288 (ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or
9289 custodian.
9290 (b) The division may:
9291 (i) establish a schedule for which a juvenile offender may visit or phone a person
9292 described in Subsection (3)(a);
9293 (ii) allow a juvenile offender to visit or call persons described in Subsection (3)(a) in
9294 special circumstances;
9295 (iii) limit the number and length of calls and visits for a juvenile offender to persons
9296 described in Subsection (3)(a) on account of scheduling, facility, or personnel constraints; or
9297 (iv) limit the juvenile's rights under Subsection (3)(a) if a compelling reason exists to
9298 limit the juvenile's rights.
9299 Section 192. Section 80-6-803, which is renumbered from Section 62A-7-111.5 is
9300 renumbered and amended to read:
9301 [
9302 offender -- Responsibility.
9303 On commitment of a juvenile offender to the division, and on recommendation of the
9304 division to the juvenile court, the juvenile court may order the juvenile offender, or the juvenile
9305 offender's parent, guardian, or custodian in accordance with Section 78A-6-356, to share in the
9306 costs of support and maintenance for the juvenile offender during the juvenile offender's term
9307 of commitment.
9308 Section 193. Section 80-6-804, which is renumbered from Section 62A-7-404.5 is
9309 renumbered and amended to read:
9310 [
9311 (1) If a juvenile offender [
9312 care under Section 80-6-705, the juvenile offender shall appear before the authority within 45
9313 days after the day on which the juvenile offender [
9314 secure care for review of a treatment plan and to establish parole release guidelines.
9315 (2) (a) If a juvenile offender is [
9316 under Section 80-6-705, the authority shall set a presumptive term of commitment for the
9317 juvenile offender [
9318 presumptive term may not exceed six months.
9319 (b) The authority shall release the juvenile offender on parole at the end of the
9320 presumptive term of commitment unless [
9321 (i) termination would interrupt the completion of a [
9322 determined to be necessary by the results of a validated risk and needs assessment under
9323 Section 80-6-606; or
9324 (ii) the juvenile offender commits a new misdemeanor or felony offense.
9325 (c) The authority shall determine whether a juvenile offender has completed a
9326 treatment program under Subsection (2)(b)(i) by considering:
9327 (i) the recommendations of the licensed service provider[
9328 (ii) the juvenile offender's [
9329 program; and
9330 (iii) the juvenile offender's completion of the goals of the [
9331 program.
9332 (d) The authority may extend the length of commitment and delay parole release for the
9333 time needed to address the specific circumstance if one of the circumstances under Subsection
9334 (2)(b) exists.
9335 (e) The authority shall:
9336 (i) record the length of the extension and the grounds for the extension; and
9337 (ii) report annually the length and grounds of extension to the commission.
9338 (f) Records under Subsection (2)(e) shall be tracked in the data system used by the
9339 juvenile court and the division.
9340 (3) (a) If a juvenile offender is committed to [
9341 authority shall set a presumptive term of parole supervision [
9342
9343 may not exceed four months.
9344 (b) If the authority determines that a juvenile offender is unable to return home
9345 immediately upon release, the juvenile offender may serve the term of parole in the home of a
9346 qualifying relative or guardian or at an independent living program contracted or operated by
9347 the division.
9348 (c) The authority shall release a juvenile offender from parole and terminate the
9349 authority's jurisdiction at the end of the presumptive term of parole, unless [
9350
9351 (i) termination would interrupt the completion of a [
9352 is determined to be necessary by the results of a validated risk and needs assessment under
9353 Section 80-6-606;
9354 (ii) the juvenile offender commits a new misdemeanor or felony offense; or
9355 (iii) restitution has not been completed.
9356 (d) The authority shall determine whether a juvenile offender has completed a
9357 treatment program under Subsection (2)(c)(i) by considering:
9358 (i) the recommendations of the licensed service provider[
9359 (ii) the juvenile offender's [
9360 program; and
9361 (iii) the juvenile offender's completion of the goals of the [
9362 program.
9363 (e) If one of the circumstances under Subsection (3)(c) exists, the authority may delay
9364 parole release only for the time needed to address the specific circumstance.
9365 (f) The authority shall:
9366 (i) record the grounds for extension of the presumptive length of parole and the length
9367 of the extension; and
9368 (ii) report annually the extension and the length of the extension to the commission.
9369 (g) Records under Subsection (3)(f) shall be tracked in the data system used by the
9370 juvenile court and the division.
9371 [
9372 (h) If a juvenile offender leaves parole supervision without authorization for more than
9373 24 hours, the term of parole shall toll until the juvenile offender returns.
9374 (4) Subsections (2) and (3) do not apply to a juvenile offender committed to [
9375
9376 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
9377 (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
9378 (c) Section 76-5-203, murder or attempted murder;
9379 (d) Section 76-5-302, aggravated kidnapping;
9380 (e) Section 76-5-405, aggravated sexual assault;
9381 (f) Section 76-6-103, aggravated arson;
9382 (g) Section 76-6-203, aggravated burglary;
9383 (h) Section 76-6-302, aggravated robbery;
9384 (i) Section 76-10-508.1, felony discharge of a firearm;
9385 (j) an offense other than an offense listed in Subsections (4)(a) through (i) involving
9386 the use of a dangerous weapon:
9387 (i) if the offense would be a felony had an adult committed the offense; and
9388 (ii) the juvenile offender has been previously adjudicated or convicted of an offense
9389 involving the use of a dangerous weapon that would have been a felony had an adult committed
9390 the offense; or
9391 (k) an offense other than an offense listed in Subsections (4)(a) through (j) and the
9392 minor has been previously committed to [
9393
9394 (5) (a) The division may continue to have responsibility over a juvenile offender, who
9395 is discharged under this section from parole, to participate in a specific educational or
9396 rehabilitative program:
9397 (i) until the juvenile offender is:
9398 (A) if the juvenile offender is a youth offender, 21 years old; or
9399 (B) if the juvenile offender is a serious youth offender, 25 years old; and
9400 (ii) under an agreement by the division and the juvenile offender that the program has
9401 certain conditions.
9402 (b) The division and the juvenile offender may terminate participation in a program
9403 under Subsection (5)(a) at any time.
9404 (c) The division shall offer an educational or rehabilitative program before a juvenile
9405 offender's discharge date in accordance with this section.
9406 (d) A juvenile offender may request the services described in this Subsection (5), even
9407 if the offender has been previously declined services or services were terminated for
9408 noncompliance.
9409 (e) Notwithstanding Subsection (5)(c), the division:
9410 (i) shall consider a request by a juvenile offender under Subsection (5)(d) for the
9411 services described in this Subsection (5) for up to 365 days after the juvenile offender's
9412 effective date of discharge, even if the juvenile offender has previously declined services or
9413 services were terminated for noncompliance; and
9414 (ii) may reach an agreement with the juvenile offender to provide the services
9415 described in this Subsection (5) until the juvenile offender is:
9416 (A) if the juvenile offender is a youth offender, 21 years old; or
9417 (B) if the juvenile offender is a serious youth offender, 25 years old.
9418 (f) The division and the juvenile offender may terminate an agreement for services
9419 under this Subsection (5) at any time.
9420 Section 194. Section 80-6-805, which is renumbered from Section 62A-7-502 is
9421 renumbered and amended to read:
9422 [
9423 [
9424
9425
9426
9427 [
9428 the right to personally appear before the authority for parole consideration.
9429 [
9430 (b) An order or decision of the authority shall be in writing[
9431 (c) A juvenile offender shall be provided written notice of the authority's reasoning and
9432 decision in the juvenile offender's case.
9433 [
9434
9435
9436
9437 (2) A juvenile offender may be paroled to the juvenile offender's home, to an
9438 independent living program contracted or operated by the division, to an approved independent
9439 living setting, or to other appropriate residences of qualifying relatives or guardians, but shall
9440 remain on parole until parole is terminated by the authority in accordance with Section
9441 80-6-804.
9442 (3) (a) Any condition of parole shall be specified in writing, and agreed to, by the
9443 juvenile offender.
9444 (b) An agreement under Subsection (3)(a) shall be evidenced by the signature of the
9445 juvenile offender, which shall be affixed to the agreement.
9446 (4) The authority may require a juvenile offender to pay restitution ordered by the
9447 juvenile court as a condition of release, placement, or parole.
9448 Section 195. Section 80-6-806, which is renumbered from Section 62A-7-504 is
9449 renumbered and amended to read:
9450 [
9451 (1) (a) The authority may only revoke the parole of a juvenile offender [
9452 hearing and upon determination that there has been a violation of law or of a condition of
9453 parole by the juvenile offender that warrants the juvenile offender's return to [
9454 secure care.
9455 (b) The parole revocation hearing shall be held at [
9456 facility.
9457 (2) (a) Before returning a juvenile offender to [
9458 revocation or rescission hearing, the division shall provide a prerevocation or prerescission
9459 hearing within the vicinity of the alleged violation, to determine whether there is probable
9460 cause to believe that the juvenile offender violated the conditions of the juvenile offender's
9461 parole.
9462 (b) Upon a finding of probable cause, the juvenile offender may be remanded to [
9463
9464 (3) The authority shall only proceed with the parole revocation or rescission process in
9465 accordance with the system of appropriate responses developed in accordance with Section
9466 [
9467 (4) A paroled juvenile offender is entitled to legal representation at the parole
9468 revocation hearing, and if the juvenile offender or the juvenile offender's family has requested
9469 but cannot afford legal representation, the authority shall appoint legal counsel.
9470 [
9471
9472
9473 [
9474 (i) shall receive timely advance notice of the date, time, place, and reason for the
9475 hearing[
9476 (ii) has the right to appear at the hearing.
9477 (b) The authority shall provide the juvenile offender an opportunity to be heard, to
9478 present witnesses and evidence, and to confront and cross-examine adverse witnesses, unless
9479 there is good cause for disallowing that confrontation.
9480 [
9481 majority vote of the present members of the authority.
9482 [
9483
9484 [
9485 employee to take into custody a juvenile offender alleged to be in violation of parole conditions
9486 in accordance with Section [
9487 (b) The division may issue a warrant to any peace officer or division employee to
9488 retake a juvenile offender who has escaped from [
9489 (c) Based upon the warrant issued under this Subsection (9), a juvenile offender may be
9490 held in a local detention facility for no longer than 48 hours, excluding weekends and legal
9491 holidays, to allow time for a prerevocation or [
9492 parole violation, or in the case of an escapee, arrangement for transportation to [
9493
9494 Section 196. Section 80-6-807, which is renumbered from Section 62A-7-506 is
9495 renumbered and amended to read:
9496 [
9497 (1) A juvenile offender may be discharged from the jurisdiction of the division at any
9498 time, by written order of the authority, upon a finding that no further purpose would be served
9499 by [
9500 (2) A juvenile offender shall be discharged in accordance with Section [
9501 80-6-804.
9502 (3) Discharge of a juvenile offender is a complete release of all penalties incurred by
9503 adjudication of the offense for which the juvenile offender was committed to secure care.
9504 Section 197. Section 80-6-808, which is renumbered from Section 62A-7-507 is
9505 renumbered and amended to read:
9506 [
9507 (1) A juvenile offender, or the parent or [
9508 appeal to the executive director of the department, or [
9509 any decision of the authority regarding parole release, rescission, or revocation.
9510 (2) The executive director, or the executive director's designee, may set aside or
9511 remand the authority's decision only if the authority's decision is arbitrary, capricious, an abuse
9512 of discretion, or contrary to law.
9513 Section 198. Section 80-6-901, which is renumbered from Section 78A-6-1202 is
9514 renumbered and amended to read:
9515
9516 [
9517 As used in this part:
9518 (1) "Adult" means [
9519 (2) (a) "Gang activity" means any criminal activity that is conducted as part of an
9520 organized youth gang. [
9521 (b) "Gang activity" includes any criminal activity that is done in concert with other
9522 gang members, or done alone if [
9523 [
9524 (3) "Minor" means an individual who is:
9525 (a) under 18 years old; or
9526 (b) is 18 years old and still attending high school.
9527 [
9528 an offense that would be a misdemeanor, infraction, or violation of a municipal or county
9529 ordinance if [
9530 (b) "Minor offense" does not include:
9531 (i) a class A misdemeanor; or
9532 (ii) a felony of any degree.
9533 [
9534 school or school district, juvenile court, law enforcement agency, prosecutor's office, county,
9535 city, or town.
9536 [
9537 for the age of the offender.
9538 [
9539
9540 (7) "Youth court" means a diversion program that is an alternative disposition for cases
9541 involving minors who have committed minor offenses.
9542 (8) "Youth Court Board" means the board created under Subsection 80-6-907(1).
9543 Section 199. Section 80-6-902, which is renumbered from Section 78A-6-1203 is
9544 renumbered and amended to read:
9545 [
9546 (1) [
9547
9548 court, under the supervision of an adult coordinator, [
9549 the courtroom, acting in the role of jurors, lawyers, bailiffs, clerks, and judges.
9550 (a) [
9551 youth court has been identified by law enforcement personnel, school officials, a prosecuting
9552 attorney, or the juvenile court as having committed [
9553 minor offense or eligible offense under Section 53G-8-211, that indicates a need for
9554 intervention to prevent further development toward juvenile delinquency, but which appear to
9555 be acts that can be appropriately addressed outside the juvenile court process.
9556 (b) [
9557 (c) [
9558 under the Utah Constitution, Article VIII.
9559 (2) A youth court may not accept referrals from law enforcement, schools, prosecuting
9560 attorneys, or a juvenile court unless the youth court is certified by the [
9561 Board.
9562 (3) (a) Any person may refer [
9563 minor offense or for any other eligible offense under Section 53G-8-211.
9564 (b) Once a referral is made, the case shall be screened by an adult coordinator to
9565 determine whether [
9566 case.
9567 (4) [
9568 (a) referred for one or more minor offenses or who are referred for other eligible
9569 offenses under Section 53G-8-211, or who are granted permission for referral under this part;
9570 (b) who, along with a parent, guardian, or [
9571 request youth court involvement; and
9572 (c) who, along with a parent, guardian, or [
9573 [
9574 (5) (a) Except with permission granted under Subsection (6), or [
9575 accordance with Section 53G-8-211, [
9576 over [
9577 court [
9578
9579 (b) Notwithstanding Subsection (5)(a), a youth court may[
9580 authority over [
9581 continuing jurisdiction of the juvenile court [
9582 before the youth court is not a law violation[
9583 court of the referral.
9584 (6) [
9585 in Subsection (5), and over any other offense with the permission of the juvenile court and the
9586 prosecuting attorney in the county or district that would have jurisdiction if the matter were
9587 referred to juvenile court.
9588 (7) Permission of the juvenile court may be granted by a [
9589 juvenile probation officer in the district that would have jurisdiction over the offense being
9590 referred to a youth court.
9591 (8) [
9592 (a) decline to accept a [
9593 [
9594 (b) terminate a youth from youth court participation at any time.
9595 (9) (a) A [
9596 custodian may withdraw from the youth court process at any time.
9597 (b) The youth court shall immediately notify the referring source of the withdrawal.
9598 (10) The youth court may transfer a case back to the referring source for alternative
9599 handling at any time.
9600 (11) Referral of a case to youth court may not, if otherwise eligible, prohibit the
9601 subsequent referral of the case to any court.
9602 (12) Proceedings and dispositions of a youth court may only be shared with the
9603 referring agency, juvenile court, and victim.
9604 (13) When a [
9605 if the case is referred to a juvenile court, the youth court shall provide the case file to the
9606 juvenile court.
9607 Section 200. Section 80-6-903, which is renumbered from Section 78A-6-1204 is
9608 renumbered and amended to read:
9609 [
9610 (1) [
9611 parent, guardian, or [
9612 (2) [
9613 (3) (a) Any restitution due to a victim of an offense shall be made in full prior to the
9614 time the case is completed by the youth court.
9615 (b) Restitution shall be agreed upon between the [
9616 Section 201. Section 80-6-904, which is renumbered from Section 78A-6-1205 is
9617 renumbered and amended to read:
9618 [
9619 (1) [
9620 for:
9621 (a) compensatory service;
9622 (b) participation in law-related educational classes, appropriate counseling, treatment,
9623 or other educational programs;
9624 (c) providing periodic reports to the youth court;
9625 (d) participating in mentoring programs;
9626 (e) participation by the [
9627 (f) letters of apology;
9628 (g) essays; and
9629 (h) any other disposition considered appropriate by the youth court and adult
9630 coordinator.
9631 (2) [
9632 (a) impose a term of imprisonment or detention [
9633 (b) impose fines.
9634 (3) [
9635 180 days from the date of referral.
9636 (4) [
9637 writing and signed by the [
9638 custodian indicating [
9639 (5) (a) [
9640 minor fails to successfully complete the youth [
9641 (b) The referring source may then take any action [
9642 appropriate.
9643 Section 202. Section 80-6-905, which is renumbered from Section 78A-6-1206 is
9644 renumbered and amended to read:
9645 [
9646 (1) A person [
9647 disposition, or supervision of matters under this part may not be held civilly liable for any
9648 injury occurring to [
9649 associated with a certified youth court, unless the person causing the injury acted in a willful or
9650 wanton manner.
9651 (2) [
9652
9653 Section 203. Section 80-6-906, which is renumbered from Section 78A-6-1207 is
9654 renumbered and amended to read:
9655 [
9656 (1) (a) [
9657 reasonable fee, not to exceed $50, to participate in the youth court. [
9658 (b) A fee under Subsection (1) may be reduced or waived by the youth court in exigent
9659 circumstances. [
9660 (c) A fee under Subsection (1) shall be paid to and accounted for by the sponsoring
9661 entity. [
9662 (d) Any fees collected shall be used for supplies and any training requirements.
9663 (2) [
9664 responsible for the all expenses of any classes, counseling, treatment, or other educational
9665 programs that are the disposition of the youth court.
9666 Section 204. Section 80-6-907, which is renumbered from Section 78A-6-1208 is
9667 renumbered and amended to read:
9668 [
9669 Responsibilities.
9670 (1) [
9671
9672 the following members:
9673 (a) the Utah attorney general or the attorney general's designee;
9674 (b) one prosecuting attorney appointed by the Utah Prosecution Council;
9675 (c) one criminal defense attorney appointed by the Utah Association of Criminal
9676 Defense Attorneys;
9677 [
9678 [
9679 [
9680
9681 [
9682 [
9683 youth courts based primarily in schools;
9684 [
9685 youth courts based primarily in communities;
9686 [
9687 Court Board;
9688 [
9689 Board; and
9690 [
9691 (2) The Office of the Attorney General shall provide staff support and assistance to the
9692 Youth Court Board.
9693 [
9694 (g) shall jointly select the members to fill the positions in Subsections [
9695 (1)(h) through (k).
9696 [
9697 the initial terms of the members designated by Subsections (1)(b), (c), [
9698 (k) and one of the members from Subsections [
9699 two-year terms, but may be reappointed for a full four-year term upon the expiration of [
9700 the member's initial term.
9701 [
9702 (a) set minimum standards for the establishment of [
9703 including an application process, membership and training requirements, and the qualifications
9704 for the adult coordinator;
9705 (b) review certification applications; and
9706 (c) provide for a process to recertify each youth court every three years.
9707 [
9708 Act, the Youth Court Board shall make rules to accomplish the requirements of Subsection
9709 [
9710 [
9711 the certification of any youth court for failure to comply with program requirements.
9712 [
9713 but may receive per diem and travel expenses in accordance with:
9714 (a) Section 63A-3-106;
9715 (b) Section 63A-3-107; and
9716 (c) rules made by the Division of Finance [
9717 63A-3-106 and 63A-3-107.
9718 [
9719 Board of Juvenile Court Judges, all law enforcement agencies in the state, all school districts,
9720 and the Utah Prosecution Council by October 1 of each year.
9721 Section 205. Section 80-6-908, which is renumbered from Section 78A-6-1209 is
9722 renumbered and amended to read:
9723 [
9724 responsibilities.
9725 (1) [
9726 private nonprofit entity [
9727 (2) The sponsoring entity shall:
9728 (a) oversee the formation of the youth court;
9729 (b) provide assistance with the application for certification from the Youth Court
9730 Board; and
9731 (c) provide assistance for the training of youth court members.
9732 Section 206. Section 80-6-909, which is renumbered from Section 78A-6-1210 is
9733 renumbered and amended to read:
9734 [
9735 [
9736 [
9737 Section 207. Section 80-6-1001, which is renumbered from Section 78A-6-1502 is
9738 renumbered and amended to read:
9739
9740 [
9741 As used in this part:
9742 (1) "Abstract" means a copy or summary of a court's disposition.
9743 [
9744 maintains records relating to a nonjudicial adjustment or an adjudication for which
9745 expungement may be ordered under this part.
9746 [
9747 held by a court or an agency when the record relates to a nonjudicial adjustment or an
9748 adjudication of an offense in the juvenile court.
9749 Section 208. Section 80-6-1002, which is renumbered from Section 78A-6-1114 is
9750 renumbered and amended to read:
9751 [
9752 (1) (a) [
9753 petition the juvenile court for vacatur of the [
9754 any related records in the custody of [
9755 (i) [
9756 76-10-1304, [
9757 (ii) an adjudication that was based on [
9758 petitioner engaged in while subject to force, fraud, or coercion, as defined in Section 76-5-308.
9759 (b) The petitioner shall include in the petition the relevant juvenile court incident
9760 number and any agencies known or alleged to have any documents related to the offense for
9761 which vacatur is being sought.
9762 (c) The petitioner shall include with the petition the original criminal history report
9763 obtained from the Bureau of Criminal Identification in accordance with the provisions of
9764 Section 53-10-108.
9765 (d) The petitioner shall send a copy of the petition to the county attorney or, if within a
9766 prosecution district, the district attorney.
9767 [
9768 [
9769 [
9770 the records at least 30 days prior to the hearing of the pendency of the petition; and
9771 [
9772 petitioner is asking the juvenile court to vacate of the date of the hearing.
9773 [
9774 notice of a petition for vacatur.
9775 (ii) A victim shall receive notice of a petition for vacatur at least 30 days [
9776 before the hearing if, [
9777 the case of a child or [
9778 next of kin or authorized representative, submits a written and signed request for notice to the
9779 court in the judicial district in which the crime occurred or judgment was entered.
9780 (iii) The notice shall include a copy of the petition and statutes and rules applicable to
9781 the petition.
9782 [
9783 victim, and any other person who may have relevant information about the petitioner may
9784 testify.
9785 (b) (i) In deciding whether to grant a petition for vacatur, the juvenile court shall
9786 consider whether the petitioner acted subject to force, fraud, or coercion, as defined in Section
9787 76-5-308, at the time of the conduct giving rise to the adjudication.
9788 (ii) (A) If the juvenile court finds by a preponderance of the evidence that the petitioner
9789 was subject to force, fraud, or coercion, as defined in Section 76-5-308 at the time of the
9790 conduct giving rise to the adjudication, the juvenile court shall grant vacatur.
9791 (B) If the court does not find sufficient evidence, the juvenile court shall deny vacatur.
9792 (iii) If the petition is for vacatur of any adjudication under Section 76-10-1302,
9793 [
9794
9795 a purchaser of any sexual activity.
9796 (c) If vacatur is granted, the juvenile court shall order sealed all of the petitioner's
9797 records under the control of the juvenile court and any of the petitioner's records under the
9798 control of any other agency or official pertaining to the incident identified in the petition,
9799 including relevant related records contained in the Management Information System created by
9800 Section 62A-4a-1003 and the Licensing Information System created by Section 62A-4a-1005.
9801 (3) (a) The petitioner shall be responsible for service of the order of vacatur to all
9802 affected state, county, and local entities, agencies, and officials.
9803 (b) To avoid destruction or sealing of the records in whole or in part, the agency or
9804 entity receiving the vacatur order shall only vacate all references to the petitioner's name in the
9805 records pertaining to the relevant adjudicated juvenile court incident.
9806 (4) (a) Upon the entry of [
9807 identified in the petition shall be considered never to have occurred and the petitioner may
9808 properly reply accordingly upon any inquiry in the matter.
9809 (b) Inspection of the records may thereafter only be permitted by the juvenile court
9810 upon petition by the [
9811 named in the petition.
9812 (5) The juvenile court may not vacate a juvenile court record if the record contains an
9813 adjudication of:
9814 (a) Section 76-5-202, aggravated murder; or
9815 (b) Section 76-5-203, murder.
9816 Section 209. Section 80-6-1003 is enacted to read:
9817 80-6-1003. Court records -- Abstracts.
9818 (1) (a) Except as otherwise provided in this part, if a minor's juvenile record is
9819 expunged, and upon a court order, all photographs or records under Section 80-6-608 shall be
9820 destroyed by an agency.
9821 (b) A record of a minor's fingerprints may not be destroyed by an agency.
9822 (2) A court or agency with custody of an individual's record related to an offense that
9823 the individual is alleged to have committed, or an offense that the individual committed, before
9824 the individual was 18 years old may not disclose the record to a federal agency that is
9825 responsible for criminal justice research or proceedings unless the court or the agency is
9826 required to share the record under state or federal law.
9827 (3) An abstract of a juvenile court record for an adjudication of a traffic offense shall
9828 be submitted to the Department of Public Safety as provided in Section 53-3-218.
9829 Section 210. Section 80-6-1004, which is renumbered from Section 78A-6-1503 is
9830 renumbered and amended to read:
9831 [
9832 adjudication.
9833 (1) (a) An individual who has been adjudicated by a juvenile court may petition the
9834 juvenile court for an order to expunge the individual's juvenile court record and any related
9835 records in the custody of an agency if:
9836 (i) the individual has reached 18 years old; and
9837 (ii) at least one year has passed from the date of:
9838 (A) termination of the continuing jurisdiction of the juvenile court; or
9839 (B) the individual's unconditional release from the custody of the [
9840
9841
9842 (b) The juvenile court may waive the requirements in Subsection (1)(a) if the juvenile
9843 court finds, and states on the record, the reason why the waiver is appropriate.
9844 (c) The petitioner shall include in the petition described in Subsection (1)(a):
9845 (i) any agency known or alleged to have any records related to the offense for which
9846 expungement is being sought; and
9847 (ii) the original criminal history report obtained from the Bureau of Criminal
9848 Identification in accordance with Section 53-10-108.
9849 (d) The petitioner shall send a copy of the petition described in Subsection (1)(a) to the
9850 county attorney or, if within a prosecution district, the district attorney.
9851 (e) (i) Upon the filing of a petition described in Subsection (1)(a), the juvenile court
9852 shall:
9853 (A) set a date for a hearing;
9854 (B) notify the county attorney or district attorney and the agency with custody of the
9855 records at least 30 days before the day on which the hearing of the pendency of the petition is
9856 scheduled; and
9857 (C) notify the county attorney or district attorney and the agency with records that the
9858 petitioner is asking the court to expunge of the date of the hearing.
9859 (ii) (A) The juvenile court shall provide a victim with the opportunity to request notice
9860 of a petition described in Subsection (1)(a).
9861 (B) Upon the victim's request under Subsection (1)(e)(ii)(A), the victim shall receive
9862 notice of the petition at least 30 days before the day on which the hearing is scheduled if,
9863 before the day on which an expungement order is made, the victim or, in the case of a child or
9864 an individual who is incapacitated or deceased, the victim's next of kin or authorized
9865 representative submits a written and signed request for notice to the juvenile court in the
9866 judicial district in which the offense occurred or judgment is entered.
9867 (C) The notice described in Subsection (1)(e)(ii)(B) shall include a copy of the petition
9868 described in Subsection (1)(a) and any statutes and rules applicable to the petition.
9869 (2) (a) At the hearing described in Subsection (1)(e)(i), the county attorney or district
9870 attorney, a victim, and any other individual who may have relevant information about the
9871 petitioner may testify.
9872 (b) In deciding whether to grant a petition described in Subsection (1)(a) for
9873 expungement, the juvenile court shall consider whether the rehabilitation of the petitioner has
9874 been attained to the satisfaction of the juvenile court, including the petitioner's response to
9875 programs and treatment, the petitioner's behavior subsequent to the adjudication, and the nature
9876 and seriousness of the conduct.
9877 (c) The juvenile court may order [
9878 the control of the juvenile court and an agency or an official, including any record contained in
9879 the Management Information System created in Section 62A-4a-1003 and the Licensing
9880 Information System created in Section 62A-4a-1005, if the juvenile court finds that:
9881 (i) the petitioner has not, in the five years preceding the day on which the petition
9882 described in Subsection (1)(a) is filed, been convicted of a violent felony[
9883
9884 (ii) there are no delinquency or criminal proceedings pending against the petitioner;
9885 and
9886 (iii) a judgment for restitution entered by the juvenile court on the [
9887 adjudication for which the expungement is sought has been satisfied.
9888 (3) (a) The petitioner is responsible for service of the expungement order issued under
9889 Subsection (2) to any affected agency or official.
9890 (b) To avoid destruction or sealing of the records in whole or in part, the agency or the
9891 official receiving the expungement order described in Subsection (3)(a) shall only expunge all
9892 references to the petitioner's name in the records pertaining to the petitioner's juvenile court
9893 record.
9894 (4) The juvenile court may not expunge a record if the record contains an adjudication
9895 of:
9896 (a) Section 76-5-202, aggravated murder; or
9897 (b) Section 76-5-203, murder.
9898 Section 211. Section 80-6-1005, which is renumbered from Section 78A-6-1504 is
9899 renumbered and amended to read:
9900 [
9901 (1) An individual whose record consists solely of one or more nonjudicial adjustments
9902 may petition the juvenile court for an order to expunge the individual's juvenile court record if
9903 the individual:
9904 (a) has reached 18 years old; and
9905 (b) has completed the conditions of each nonjudicial adjustment.
9906 (2) (a) The petitioner shall include in the petition described in Subsection (1) any
9907 agency known or alleged to have any records related to the nonjudicial adjustment for which
9908 expungement is being sought.
9909 (b) The petitioner is not required to include in the petition described in Subsection (1)
9910 an original criminal history report obtained from the Bureau of Criminal Identification in
9911 accordance with Section 53-10-108.
9912 (3) Upon the filing of the petition described in Subsection (1), the juvenile court shall,
9913 without a hearing, order expungement of all of the petitioner's records under the control of the
9914 juvenile court, an agency, or an official.
9915 (4) (a) The petitioner is responsible for service of the expungement order issued under
9916 Subsection (3) to any affected agency or official.
9917 (b) To avoid destruction or sealing of the records in whole or in part, the agency or the
9918 official receiving the expungement order shall expunge only the references to the individual's
9919 name in the records relating to the petitioner's nonjudicial adjustment.
9920 Section 212. Section 80-6-1006, which is renumbered from Section 78A-6-1505 is
9921 renumbered and amended to read:
9922 [
9923 (1) Upon receipt of an expungement order under this part, an agency shall expunge all
9924 records described in the expungement order that are under the control of the agency in
9925 accordance with Subsection [
9926 (2) Upon the entry of the expungement order under this part:
9927 (a) an adjudication or a nonjudicial adjustment in a petitioner's case is considered to
9928 have never occurred; and
9929 (b) the petitioner may reply to an inquiry on the matter as though there never was an
9930 adjudication or nonjudicial adjustment.
9931 (3) The following persons may inspect an expunged record upon a petition by an
9932 individual who is the subject of the record:
9933 (a) the individual who is the subject of the record; and
9934 (b) a person that is named in the petition.
9935 (4) An agency named in an expungement order under this part shall mail an affidavit to
9936 the petitioner verifying the agency has complied with the expungement order.
9937 Section 213. Section 80-6-1007, which is renumbered from Section 78A-6-1506 is
9938 renumbered and amended to read:
9939 [
9940 (1) Except for a filing fee for a petition under this part, the juvenile court may not
9941 charge a fee for:
9942 (a) an issuance of an expungement order under this part; or
9943 (b) an expungement of a record under this part.
9944 (2) An agency may not charge a fee for the expungement of a record under this part.
9945 Section 214. Section 80-7-101 is enacted to read:
9946
9947 80-7-101. Title.
9948 This chapter is known as "Emancipation."
9949 Section 215. Section 80-7-102, which is renumbered from Section 78A-6-802 is
9950 renumbered and amended to read:
9951 [
9952 As used in this [
9953 (1) "Emancipation" or "emancipated" means a legal status created by court order that
9954 allows a minor to:
9955 (a) live independent of the minor's parents or guardian; and
9956 (b) exercise the same rights as an adult under Subsection 80-7-105(1).
9957 [
9958 [
9959 [
9960 Section 216. Section 80-7-103, which is renumbered from Section 78A-6-803 is
9961 renumbered and amended to read:
9962 [
9963 Continuance.
9964 (1) A minor may petition the juvenile court on [
9965
9966 (2) The petition under Subsection (1) shall:
9967 (a) be on a form provided by the clerk of the juvenile court[
9968 (b) state that the minor is:
9969 [
9970 [
9971 and
9972 [
9973 (2) Notice of the petition shall be served on the minor's parents, guardian, any other
9974 person or agency with custody of the minor, and the Child and Family Support Division of the
9975 Office of the Attorney General, unless the juvenile court determines that service is impractical.
9976 (3) (a) When it appears in a proceeding under this chapter that evidence presented
9977 points to material facts not alleged in the petition described in Subsection (1), the juvenile
9978 court may consider the additional or different material facts raised by the evidence if the parties
9979 consent.
9980 (b) The juvenile court, on a motion from any interested party or on the court's own
9981 motion, shall direct that the petition be amended to conform to the evidence.
9982 (c) If an amended petition under Subsection (3)(b) results in a substantial departure
9983 from the material facts originally alleged, the juvenile court shall grant a continuance as justice
9984 may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.
9985 Section 217. Section 80-7-104, which is renumbered from Section 78A-6-804 is
9986 renumbered and amended to read:
9987 [
9988 (1) (a) Upon the filing of a petition in accordance with Section [
9989 the juvenile court shall review the petition for completeness and whether the petitioner meets
9990 the age requirement for filing the petition.
9991 [
9992 requirement, the juvenile court may dismiss the action immediately.
9993 [
9994 juvenile court shall schedule a pretrial hearing on the matter within 30 days.
9995 (2) The juvenile court may appoint [
9996 with Section [
9997 (3) At the hearing, the juvenile court shall consider the best interests of the minor
9998 according to [
9999 (a) whether the minor is capable of assuming adult responsibilities;
10000 (b) whether the minor is capable of living independently of [
10001 parents, guardian, or custodian;
10002 (c) opinions and recommendations from the attorney guardian ad litem, parents,
10003 guardian, or custodian, and any other evidence; and
10004 (d) whether emancipation will create a risk of harm to the minor.
10005 (4) If the juvenile court determines, by clear and convincing evidence, that
10006 emancipation is in the best interests of the minor, [
10007 of emancipation for the minor.
10008 (5) A juvenile court may modify or set aside any order or decree made by the court in
10009 accordance with Section 78A-6-357.
10010 Section 218. Section 80-7-105, which is renumbered from Section 78A-6-805 is
10011 renumbered and amended to read:
10012 [
10013 (1) [
10014 (a) enter into contracts;
10015 (b) buy and sell property;
10016 (c) sue or be sued;
10017 (d) retain [
10018 (e) borrow money for any purpose, including for education; and
10019 (f) obtain healthcare without parental consent.
10020 (2) [
10021 adult:
10022 (a) under the criminal laws of the state, unless the requirements of [
10023
10024 (b) under the criminal laws of the state when [
10025 age of the victim is an element of the offense; and
10026 (c) for specific constitutional and statutory age requirements regarding voting, use of
10027 alcoholic beverages, possession of tobacco or firearms, and other health and safety regulations
10028 relevant to the minor because of the minor's age.
10029 (3) (a) An order of emancipation prospectively terminates parental responsibilities that
10030 accrue based on the minor's status as a minor under the custody and control of a parent,
10031 guardian, or custodian, including parental tort liability for the acts of the minor.
10032 (b) Nothing in this chapter shall be construed to interfere with the integrity of the
10033 family or to minimize the rights of parents or children.
10034 Section 219. Repealer.
10035 This bill repeals:
10036 Section 62A-4a-203.5, Mandatory petition for termination of parental rights.
10037 Section 62A-7-101, Definitions.
10038 Section 62A-7-503, Administrative officer of Youth Parole Authority.
10039 Section 62A-7-505, Conditions of parole.
10040 Section 78A-6-106, Search warrants and subpoenas -- Authority to issue --
10041 Protective custody -- Expedited hearing.
10042 Section 78A-6-108, Title of petition and other court documents -- Form and
10043 contents of petition -- Order for temporary custody or protective services -- Physical or
10044 psychological examination of minor, parent, or guardian -- Dismissal of petition.
10045 Section 78A-6-117, Adjudication of jurisdiction of juvenile court -- Disposition of
10046 cases -- Enumeration of possible court orders -- Considerations of court.
10047 Section 78A-6-119, Modification of order or decree -- Requirements for changing
10048 or terminating custody, probation, or protective supervision.
10049 Section 78A-6-121, Entry of judgment for fine, fee, surcharge, or restitution.
10050 Section 78A-6-310, Notice of adjudication hearing.
10051 Section 78A-6-604, Minor held in detention -- Credit for good behavior.
10052 Section 78A-6-801, Purpose.
10053 Section 78A-6-1102, Amendment of petition -- When authorized -- Continuance of
10054 proceedings.
10055 Section 78A-6-1103, Modification or termination of custody order or decree --
10056 Grounds -- Procedure.
10057 Section 78A-6-1107, Transfer of continuing jurisdiction to other district.
10058 Section 78A-6-1108, New hearings authorized -- Grounds and procedure.
10059 Section 78A-6-1111, Order for indigent defense service or guardian ad litem.
10060 Section 78A-6-1201, Title.
10061 Section 78A-6-1401, Title.
10062 Section 78A-6-1402, Definitions.
10063 Section 78A-6-1501, Title.
10064 Section 220. Effective date.
10065 This bill takes effect on July 1, 2021.