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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 ▸ modifies the continuing jurisdiction of the juvenile court;
33 ▸ clarifies jurisdiction for proceedings to determine parentage;
34 ▸ repeals a provision allowing delinquency records for an individual charged with a
35 felony as an adult to be made available upon request;
36 ▸ clarifies provisions related to venue for juvenile court proceedings;
37 ▸ repeals provisions related to venue transfer in the juvenile court;
38 ▸ clarifies requirements for emergency medical or surgical treatment after a petition is
39 filed in the juvenile court;
40 ▸ clarifies the requirements and punishments for contempt of court in the juvenile
41 court;
42 ▸ repeals provisions related to hearings after an adjudication in the juvenile court;
43 ▸ clarifies the requirements for modifying an order or decree in the juvenile court;
44 ▸ provides that a county or district attorney may file a criminal information for an
45 adult in the juvenile court for certain offenses;
46 ▸ clarifies the jurisdiction and requirements for adult criminal proceedings in the
47 juvenile court;
48 ▸ provides that certain agencies and courts assist and cooperate to further the
49 provisions of Title 80, Utah Juvenile Code;
50 ▸ clarifies provisions related to abuse, neglect, and dependency proceedings,
51 including provisions related to:
52 • individuals entitled to be present at abuse, neglect, and dependency proceedings;
53 • consolidating abuse, neglect, and dependency proceedings;
54 • records of abuse, neglect, and dependency proceedings;
55 • disclosures made by parties in abuse, neglect, and dependency proceedings;
56 • physical and mental health examinations for a minor in abuse, neglect, and
57 dependency proceedings;
58 • consideration of an individual's cannabis use in abuse, neglect, and dependency
59 proceedings;
60 • amending a petition for abuse, neglect, or dependency;
61 • referrals for mediation in an abuse, neglect, and dependency proceeding;
62 • temporary custody and protective services of a child who is the subject of a
63 petition for abuse, neglect, or dependency;
64 • shelter hearings;
65 • dispositions that may be ordered after an adjudication on a petition for abuse,
66 neglect, or dependency;
67 • permanency hearings; and
68 • removal of a minor from the jurisdiction of the juvenile court and custody of the
69 Division of Child and Family Services;
70 ▸ clarifies provisions related to proceedings for the termination and restoration of
71 parental rights, including provisions related to:
72 • the rules of procedure that apply to termination proceedings;
73 • individuals entitled to be present at termination proceedings;
74 • records of termination proceedings;
75 • physical or mental health examinations for termination proceedings;
76 • temporary custody of a child after a petition for termination of parental rights is
77 filed;
78 • consideration of an individual's use of cannabis in termination proceedings;
79 • amending a petition for termination of parental rights; and
80 • referrals for mediation in termination proceedings;
81 ▸ repeals provisions regarding the contents of a petition for termination of parental
82 rights;
83 ▸ clarifies the responsibilities of the Division of Juvenile Justice Services;
84 ▸ grants rulemaking authority to the Division of Juvenile Justice Services regarding
85 the operation of certain programs and facilities;
86 ▸ requires the Division of Juvenile Justice to provide prenatal and postnatal care to a
87 pregnant minor who is in secure detention or secure care;
88 ▸ allows the Division of Juvenile Justice Services to refer a minor, who has a child
89 while the minor is in secure detention or secure care, and the minor's child to the
90 Division of Child and Family Services to receive services;
91 ▸ requires a report for a runaway be given to the Division of Juvenile Justice Services;
92 ▸ requires the Division of Juvenile Justice Services to refer a runaway to the Division
93 of Child and Family Services to determine whether the runaway is abused,
94 neglected, or dependent;
95 ▸ reorganizes and clarifies statutes regarding the Youth Parole Authority;
96 ▸ modifies school notification requirements for minors who are taken into custody,
97 admitted to detention, or adjudicated by the juvenile court for certain offenses;
98 ▸ amends the grounds for which a minor may be taken into custody by a peace officer
99 or a juvenile probation officer;
100 ▸ provides the warrant requirements for taking a minor into custody after a
101 delinquency petition is filed;
102 ▸ clarifies the requirements for holding a minor in custody and releasing a minor from
103 custody;
104 ▸ clarifies the requirements for admitting a minor to detention;
105 ▸ provides the rights that a minor has in a detention facility;
106 ▸ provides the requirements for interviewing a minor who is taken into custody or
107 admitted to a detention facility;
108 ▸ clarifies when bail is allowed for a minor who is in a detention facility;
109 ▸ provides the types of pleas that a minor may enter in the juvenile court and the
110 requirements for a minor to withdraw a plea in the juvenile court;
111 ▸ clarifies that, in preparing a dispositional report or recommendation, a juvenile
112 probation officer or the juvenile court shall consider the dispositional guidelines;
113 ▸ provides that competency proceedings apply to a petition or an information filed in
114 the juvenile court for a minor;
115 ▸ clarifies competency proceedings for minors in juvenile court, including
116 commitment proceedings for a minor who is 18 years old or older;
117 ▸ clarifies provisions regarding delinquency proceedings, including:
118 • when the juvenile court or the Division of Juvenile Justice Services is required
119 to take photographs or fingerprints of a minor;
120 • the types of dispositions that a juvenile court may order after a minor is
121 adjudicated for an offense;
122 • the requirements for placing a minor in detention after an adjudication; and
123 • the time periods for probation and supervision by the juvenile court and the
124 Youth Parole Authority;
125 ▸ enacts provisions on the rights that minors have for delinquency proceedings;
126 ▸ provides the burden of proof for an adjudication of an offense;
127 ▸ amends the time period for suspending a disposition after an adjudication of an
128 offense;
129 ▸ clarifies provisions regarding the commitment and parole of a minor, including:
130 • commitment of a minor to a local mental health authority or the Utah State
131 Developmental Center; and
132 • the presumptive terms of commitment to secure care, parole supervision, and
133 aftercare services;
134 ▸ provides the rights that a juvenile offender has in secure care;
135 ▸ clarifies provisions regarding youth courts;
136 ▸ provides that a criminal defense attorney be appointed to the Youth Court Board;
137 ▸ clarifies provisions regarding juvenile records and expungement;
138 ▸ clarifies provisions regarding emancipation of a minor;
139 ▸ repeals statutes relating to the Division of Juvenile Justice Services, Youth Parole
140 Authority, and juvenile court proceedings; and
141 ▸ makes technical and conforming changes.
142 Money Appropriated in this Bill:
143 None
144 Other Special Clauses:
145 This bill provides a special effective date.
146 This bill provides coordination clauses.
147 Utah Code Sections Affected:
148 AMENDS:
149 53G-6-201, as last amended by Laws of Utah 2020, Chapter 20
150 62A-4a-101, as last amended by Laws of Utah 2019, Chapters 259 and 335
151 62A-4a-202.2, as last amended by Laws of Utah 2008, Chapter 3
152 62A-5-308, as last amended by Laws of Utah 2011, Chapter 366
153 62A-5-309, as last amended by Laws of Utah 2011, Chapter 366
154 62A-15-705, as last amended by Laws of Utah 2018, Chapter 322
155 76-8-418, as last amended by Laws of Utah 2005, Chapter 13
156 78A-6-101, as last amended by Laws of Utah 2012, Chapter 316
157 78A-6-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
158 78A-6-103, as last amended by Laws of Utah 2020, Chapters 142, 214, and 250
159 78A-6-120, as last amended by Laws of Utah 2020, Chapter 214
160 78A-6-201, as renumbered and amended by Laws of Utah 2008, Chapter 3
161 78A-6-202, as renumbered and amended by Laws of Utah 2008, Chapter 3
162 78A-6-203, as last amended by Laws of Utah 2009, Chapter 356
163 78A-6-204, as renumbered and amended by Laws of Utah 2008, Chapter 3
164 78A-6-205, as renumbered and amended by Laws of Utah 2008, Chapter 3
165 78A-6-206, as renumbered and amended by Laws of Utah 2008, Chapter 3
166 78A-6-207, as renumbered and amended by Laws of Utah 2008, Chapter 3
167 78A-6-208, as last amended by Laws of Utah 2012, Chapter 316
168 78A-6-209, as last amended by Laws of Utah 2017, Chapter 326
169 78A-6-210, as last amended by Laws of Utah 2020, Chapter 312
170 78A-6-211, as renumbered and amended by Laws of Utah 2008, Chapter 3
171 78B-6-105, as last amended by Laws of Utah 2020, Chapter 214
172 78B-15-104, as last amended by Laws of Utah 2010, Chapter 237
173 ENACTS:
174 78A-2-801, Utah Code Annotated 1953
175 78A-6-101.5, Utah Code Annotated 1953
176 78A-6-103.5, Utah Code Annotated 1953
177 78A-6-357, Utah Code Annotated 1953
178 80-1-101, Utah Code Annotated 1953
179 80-2-101, Utah Code Annotated 1953
180 80-3-101, Utah Code Annotated 1953
181 80-3-105, Utah Code Annotated 1953
182 80-3-106, Utah Code Annotated 1953
183 80-3-107, Utah Code Annotated 1953
184 80-3-203, Utah Code Annotated 1953
185 80-3-206, Utah Code Annotated 1953
186 80-3-207, Utah Code Annotated 1953
187 80-3-405, Utah Code Annotated 1953
188 80-3-503, Utah Code Annotated 1953
189 80-4-103, Utah Code Annotated 1953
190 80-4-106, Utah Code Annotated 1953
191 80-4-107, Utah Code Annotated 1953
192 80-4-109, Utah Code Annotated 1953
193 80-4-205, Utah Code Annotated 1953
194 80-4-206, Utah Code Annotated 1953
195 80-4-207, Utah Code Annotated 1953
196 80-5-101, Utah Code Annotated 1953
197 80-5-102, Utah Code Annotated 1953
198 80-5-202, Utah Code Annotated 1953
199 80-5-702, Utah Code Annotated 1953
200 80-5-703, Utah Code Annotated 1953
201 80-6-101, Utah Code Annotated 1953
202 80-6-102, Utah Code Annotated 1953
203 80-6-103, Utah Code Annotated 1953
204 80-6-203, Utah Code Annotated 1953
205 80-6-205, Utah Code Annotated 1953
206 80-6-206, Utah Code Annotated 1953
207 80-6-301, Utah Code Annotated 1953
208 80-6-306, Utah Code Annotated 1953
209 80-6-602, Utah Code Annotated 1953
210 80-6-603, Utah Code Annotated 1953
211 80-6-604, Utah Code Annotated 1953
212 80-6-606, Utah Code Annotated 1953
213 80-6-701, Utah Code Annotated 1953
214 80-6-702, Utah Code Annotated 1953
215 80-6-703, Utah Code Annotated 1953
216 80-6-704, Utah Code Annotated 1953
217 80-6-705, Utah Code Annotated 1953
218 80-6-706, Utah Code Annotated 1953
219 80-6-708, Utah Code Annotated 1953
220 80-6-709, Utah Code Annotated 1953
221 80-6-710, Utah Code Annotated 1953
222 80-6-711, Utah Code Annotated 1953
223 80-6-712, Utah Code Annotated 1953
224 80-6-801, Utah Code Annotated 1953
225 80-6-1003, Utah Code Annotated 1953
226 80-7-101, Utah Code Annotated 1953
227 REPEALS AND REENACTS:
228 62A-4a-202.1, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
229 78A-6-104, as last amended by Laws of Utah 2020, Chapter 214
230 RENUMBERS AND AMENDS:
231 53G-6-210, (Renumbered from 78A-6-319, as last amended by Laws of Utah 2018,
232 Chapter 415)
233 53G-6-211, (Renumbered from 78A-6-320, as renumbered and amended by Laws of
234 Utah 2008, Chapter 3)
235 76-8-311.5, (Renumbered from 62A-7-402, as last amended by Laws of Utah 2020,
236 Chapter 214)
237 78A-2-802, (Renumbered from 78A-6-901, as last amended by Laws of Utah 2014,
238 Chapter 267)
239 78A-2-803, (Renumbered from 78A-6-902, as last amended by Laws of Utah 2019,
240 Chapter 335)
241 78A-2-804, (Renumbered from 78A-6-903, as enacted by Laws of Utah 2020, Chapter
242 230)
243 78A-6-212, (Renumbered from 62A-7-105.5, as last amended by Laws of Utah 2020,
244 Chapter 214)
245 78A-6-350, (Renumbered from 78A-6-110, as renumbered and amended by Laws of
246 Utah 2008, Chapter 3)
247 78A-6-351, (Renumbered from 78A-6-109, as last amended by Laws of Utah 2017,
248 Chapter 330)
249 78A-6-352, (Renumbered from 78A-6-111, as last amended by Laws of Utah 2018,
250 Chapter 148)
251 78A-6-353, (Renumbered from 78A-6-1101, as last amended by Laws of Utah 2019,
252 Chapter 162)
253 78A-6-354, (Renumbered from 78A-6-114, as last amended by Laws of Utah 2020,
254 Chapter 142)
255 78A-6-355, (Renumbered from 78A-6-1112, as renumbered and amended by Laws of
256 Utah 2008, Chapter 3)
257 78A-6-356, (Renumbered from 78A-6-1106, as last amended by Laws of Utah 2018,
258 Chapter 56)
259 78A-6-358, (Renumbered from 78A-6-118, as last amended by Laws of Utah 2020,
260 Chapter 214)
261 78A-6-359, (Renumbered from 78A-6-1109, as last amended by Laws of Utah 2013,
262 Chapter 245)
263 78A-6-450, (Renumbered from 78A-6-1001, as last amended by Laws of Utah 2018,
264 Chapter 415)
265 78A-6-451, (Renumbered from 78A-6-1002, as last amended by Laws of Utah 2013,
266 Chapter 237)
267 78A-6-452, (Renumbered from 78A-6-1003, as renumbered and amended by Laws of
268 Utah 2008, Chapter 3)
269 80-1-102, (Renumbered from 78A-6-105, as last amended by Laws of Utah 2020,
270 Chapters 214, 312 and last amended by Coordination Clause, Laws of Utah 2020,
271 Chapter 214)
272 80-1-103, (Renumbered from 78A-6-1110, as renumbered and amended by Laws of
273 Utah 2008, Chapter 3)
274 80-3-102, (Renumbered from 78A-6-301, as last amended by Laws of Utah 2018,
275 Chapter 46)
276 80-3-103, (Renumbered from 78A-6-303, as renumbered and amended by Laws of Utah
277 2008, Chapter 3)
278 80-3-104, (Renumbered from 78A-6-317, as last amended by Laws of Utah 2019,
279 Chapters 326 and 335)
280 80-3-108, (Renumbered from 78A-6-305, as last amended by Laws of Utah 2019,
281 Chapter 71)
282 80-3-109, (Renumbered from 78A-6-324, as renumbered and amended by Laws of Utah
283 2008, Chapter 3)
284 80-3-110, (Renumbered from 78A-6-115, as last amended by Laws of Utah 2020,
285 Chapters 12, 132, 250, and 354)
286 80-3-201, (Renumbered from 78A-6-304, as last amended by Laws of Utah 2020,
287 Chapter 158)
288 80-3-202, (Renumbered from 78A-6-107, as renumbered and amended by Laws of Utah
289 2008, Chapter 3)
290 80-3-204, (Renumbered from 78A-6-302, as last amended by Laws of Utah 2020,
291 Chapter 158)
292 80-3-205, (Renumbered from 78A-6-322, as last amended by Laws of Utah 2017,
293 Chapter 459)
294 80-3-301, (Renumbered from 78A-6-306, as last amended by Laws of Utah 2020,
295 Chapters 158 and 214)
296 80-3-302, (Renumbered from 78A-6-307, as last amended by Laws of Utah 2020,
297 Chapter 250)
298 80-3-303, (Renumbered from 78A-6-307.5, as last amended by Laws of Utah 2019,
299 Chapter 71)
300 80-3-304, (Renumbered from 78A-6-301.5, as enacted by Laws of Utah 2015, Chapter
301 274)
302 80-3-305, (Renumbered from 78A-6-308, as last amended by Laws of Utah 2012,
303 Chapter 293)
304 80-3-306, (Renumbered from 78A-6-308.5, as enacted by Laws of Utah 2018, Chapter
305 46)
306 80-3-401, (Renumbered from 78A-6-309, as renumbered and amended by Laws of Utah
307 2008, Chapter 3)
308 80-3-402, (Renumbered from 78A-6-311, as renumbered and amended by Laws of Utah
309 2008, Chapter 3)
310 80-3-403, (Renumbered from 78A-6-321, as renumbered and amended by Laws of Utah
311 2008, Chapter 3)
312 80-3-404, (Renumbered from 78A-6-323, as last amended by Laws of Utah 2015,
313 Chapters 255 and 307)
314 80-3-406, (Renumbered from 78A-6-312, as last amended by Laws of Utah 2020,
315 Chapter 214)
316 80-3-407, (Renumbered from 78A-6-313, as renumbered and amended by Laws of Utah
317 2008, Chapter 3)
318 80-3-408, (Renumbered from 78A-6-315, as last amended by Laws of Utah 2009,
319 Chapter 161)
320 80-3-409, (Renumbered from 78A-6-314, as last amended by Laws of Utah 2020,
321 Chapter 158)
322 80-3-501, (Renumbered from 78A-6-311.5, as last amended by Laws of Utah 2020,
323 Chapter 250)
324 80-3-502, (Renumbered from 78A-6-318, as last amended by Laws of Utah 2018,
325 Chapter 285)
326 80-4-101, (Renumbered from 78A-6-501, as renumbered and amended by Laws of Utah
327 2008, Chapter 3)
328 80-4-102, (Renumbered from 78A-6-502, as renumbered and amended by Laws of Utah
329 2008, Chapter 3)
330 80-4-104, (Renumbered from 78A-6-503, as last amended by Laws of Utah 2020,
331 Chapter 158)
332 80-4-105, (Renumbered from 78A-6-513, as last amended by Laws of Utah 2013,
333 Chapters 340, 416 and last amended by Coordination Clause, Laws of Utah 2013,
334 Chapter 416)
335 80-4-108, (Renumbered from 78A-6-515, as last amended by Laws of Utah 2012,
336 Chapter 120)
337 80-4-201, (Renumbered from 78A-6-504, as renumbered and amended by Laws of Utah
338 2008, Chapter 3)
339 80-4-202, (Renumbered from 78A-6-505, as renumbered and amended by Laws of Utah
340 2008, Chapter 3)
341 80-4-203, (Renumbered from 78A-6-316, as renumbered and amended by Laws of Utah
342 2008, Chapter 3)
343 80-4-204, (Renumbered from 78A-6-506, as last amended by Laws of Utah 2018,
344 Chapter 359)
345 80-4-301, (Renumbered from 78A-6-507, as last amended by Laws of Utah 2020,
346 Chapter 158)
347 80-4-302, (Renumbered from 78A-6-508, as last amended by Laws of Utah 2018, Third
348 Special Session, Chapter 1)
349 80-4-303, (Renumbered from 78A-6-509, as renumbered and amended by Laws of Utah
350 2008, Chapter 3)
351 80-4-304, (Renumbered from 78A-6-510, as renumbered and amended by Laws of Utah
352 2008, Chapter 3)
353 80-4-305, (Renumbered from 78A-6-511, as last amended by Laws of Utah 2013,
354 Chapter 416 and last amended by Coordination Clause, Laws of Utah 2013, Chapter
355 416)
356 80-4-306, (Renumbered from 78A-6-512, as last amended by Laws of Utah 2009,
357 Chapter 32)
358 80-4-307, (Renumbered from 78A-6-514, as renumbered and amended by Laws of Utah
359 2008, Chapter 3)
360 80-4-401, (Renumbered from 78A-6-1403, as last amended by Laws of Utah 2015,
361 Chapter 272)
362 80-4-402, (Renumbered from 78A-6-1404, as last amended by Laws of Utah 2015,
363 Chapter 272)
364 80-5-103, (Renumbered from 62A-7-102, as last amended by Laws of Utah 2019,
365 Chapter 246)
366 80-5-104, (Renumbered from 62A-7-103, as last amended by Laws of Utah 2019,
367 Chapter 246)
368 80-5-201, (Renumbered from 62A-7-104, as last amended by Laws of Utah 2020,
369 Chapter 214)
370 80-5-203, (Renumbered from 78A-6-124, as enacted by Laws of Utah 2017, Chapter
371 330)
372 80-5-204, (Renumbered from 62A-7-106.5, as last amended by Laws of Utah 2019,
373 Chapter 246)
374 80-5-205, (Renumbered from 62A-7-107.5, as last amended by Laws of Utah 2020,
375 Chapter 214)
376 80-5-206, (Renumbered from 62A-7-108.5, as last amended by Laws of Utah 2020,
377 Chapter 214)
378 80-5-207, (Renumbered from 62A-7-109.5, as last amended by Laws of Utah 2020,
379 Chapter 214)
380 80-5-208, (Renumbered from 62A-7-403, as last amended by Laws of Utah 2020,
381 Chapter 214)
382 80-5-301, (Renumbered from 62A-7-104.5, as enacted by Laws of Utah 2013, Chapter
383 452)
384 80-5-302, (Renumbered from 62A-7-112, as enacted by Laws of Utah 2019, Chapter
385 162)
386 80-5-303, (Renumbered from 62A-7-113, as last amended by Laws of Utah 2020,
387 Chapter 214)
388 80-5-401, (Renumbered from 62A-7-601, as last amended by Laws of Utah 2019,
389 Chapter 246)
390 80-5-402, (Renumbered from 62A-7-701, as last amended by Laws of Utah 2020,
391 Chapter 214)
392 80-5-403, (Renumbered from 62A-7-702, as last amended by Laws of Utah 2020,
393 Chapter 214)
394 80-5-501, (Renumbered from 62A-7-202, as last amended by Laws of Utah 2017,
395 Chapter 330)
396 80-5-502, (Renumbered from 62A-7-203, as last amended by Laws of Utah 2012,
397 Chapter 242)
398 80-5-503, (Renumbered from 62A-7-401.5, as last amended by Laws of Utah 2020,
399 Chapter 214)
400 80-5-601, (Renumbered from 62A-4a-501, as last amended by Laws of Utah 2019,
401 Chapter 242)
402 80-5-602, (Renumbered from 62A-4a-502, as enacted by Laws of Utah 2019, Chapter
403 242)
404 80-5-603, (Renumbered from 78A-6-117.5, as last amended by Laws of Utah 2020,
405 Chapter 250)
406 80-5-701, (Renumbered from 62A-7-501, as last amended by Laws of Utah 2020,
407 Chapters 214 and 352)
408 80-6-201, (Renumbered from 78A-6-112, as last amended by Laws of Utah 2020,
409 Chapter 214)
410 80-6-202, (Renumbered from 78A-6-106.5, as enacted by Laws of Utah 2017, Chapter
411 330)
412 80-6-204, (Renumbered from 62A-7-201, as last amended by Laws of Utah 2020,
413 Chapter 214)
414 80-6-207, (Renumbered from 78A-6-113, as last amended by Laws of Utah 2020,
415 Chapters 214, 250, and 312)
416 80-6-302, (Renumbered from 78A-6-603, 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 80-6-303, (Renumbered from 78A-6-601, as last amended by Laws of Utah 2020,
420 Chapters 214, 312 and last amended by Coordination Clause, Laws of Utah 2020,
421 Chapter 214)
422 80-6-304, (Renumbered from 78A-6-602, as last amended by Laws of Utah 2020, Fifth
423 Special Session, Chapter 4)
424 80-6-305, (Renumbered from 78A-6-602.5, as last amended by Laws of Utah 2020,
425 Fifth Special Session, Chapter 4)
426 80-6-307, (Renumbered from 78A-6-605, as renumbered and amended by Laws of Utah
427 2008, Chapter 3)
428 80-6-401, (Renumbered from 78A-6-1301, as last amended by Laws of Utah 2019,
429 Chapter 388)
430 80-6-402, (Renumbered from 78A-6-1302, as last amended by Laws of Utah 2019,
431 Chapters 136, 335, and 388)
432 80-6-403, (Renumbered from 78A-6-1303, as last amended by Laws of Utah 2019,
433 Chapter 388)
434 80-6-501, (Renumbered from 78A-6-703.1, as enacted by Laws of Utah 2020, Chapter
435 214)
436 80-6-502, (Renumbered from 78A-6-703.2, as enacted by Laws of Utah 2020, Chapter
437 214)
438 80-6-503, (Renumbered from 78A-6-703.3, as enacted by Laws of Utah 2020, Chapter
439 214)
440 80-6-504, (Renumbered from 78A-6-703.5, as enacted by Laws of Utah 2020, Chapter
441 214)
442 80-6-505, (Renumbered from 78A-6-703.6, as enacted by Laws of Utah 2020, Chapter
443 214)
444 80-6-506, (Renumbered from 78A-6-704, as last amended by Laws of Utah 2020,
445 Chapter 214)
446 80-6-507, (Renumbered from 78A-6-705, as last amended by Laws of Utah 2020,
447 Chapter 214)
448 80-6-601, (Renumbered from 78A-6-116, as last amended by Laws of Utah 2020,
449 Chapters 214, 218, 312 and last amended by Coordination Clause, Laws of Utah
450 2020, Chapter 214)
451 80-6-605, (Renumbered from 78A-6-703.4, as enacted by Laws of Utah 2020, Chapter
452 214)
453 80-6-607, (Renumbered from 78A-6-123, as last amended by Laws of Utah 2020,
454 Chapter 142)
455 80-6-608, (Renumbered from 78A-6-1104, as last amended by Laws of Utah 2012,
456 Chapter 369)
457 80-6-609, (Renumbered from 78A-6-122, as enacted by Laws of Utah 2015, Chapter
458 338)
459 80-6-610, (Renumbered from 78A-6-1113, as last amended by Laws of Utah 2015,
460 Chapter 258)
461 80-6-707, (Renumbered from 78A-6-606, as last amended by Laws of Utah 2017,
462 Chapter 330)
463 80-6-802, (Renumbered from 62A-7-404, as repealed and reenacted by Laws of Utah
464 2020, Chapter 214)
465 80-6-803, (Renumbered from 62A-7-111.5, as last amended by Laws of Utah 2020,
466 Chapter 214)
467 80-6-804, (Renumbered from 62A-7-404.5, as enacted by Laws of Utah 2020, Chapter
468 214)
469 80-6-805, (Renumbered from 62A-7-502, as last amended by Laws of Utah 2020,
470 Chapter 214)
471 80-6-806, (Renumbered from 62A-7-504, as last amended by Laws of Utah 2020,
472 Chapter 214)
473 80-6-807, (Renumbered from 62A-7-506, as last amended by Laws of Utah 2020,
474 Chapter 214)
475 80-6-808, (Renumbered from 62A-7-507, as last amended by Laws of Utah 2020,
476 Chapter 214)
477 80-6-901, (Renumbered from 78A-6-1202, as last amended by Laws of Utah 2017,
478 Chapter 330)
479 80-6-902, (Renumbered from 78A-6-1203, as last amended by Laws of Utah 2018,
480 Chapter 415)
481 80-6-903, (Renumbered from 78A-6-1204, as renumbered and amended by Laws of
482 Utah 2008, Chapter 3)
483 80-6-904, (Renumbered from 78A-6-1205, as last amended by Laws of Utah 2009,
484 Chapter 356)
485 80-6-905, (Renumbered from 78A-6-1206, as last amended by Laws of Utah 2009,
486 Chapter 356)
487 80-6-906, (Renumbered from 78A-6-1207, as last amended by Laws of Utah 2013,
488 Chapter 27)
489 80-6-907, (Renumbered from 78A-6-1208, as last amended by Laws of Utah 2013,
490 Chapter 27)
491 80-6-908, (Renumbered from 78A-6-1209, as renumbered and amended by Laws of
492 Utah 2008, Chapter 3)
493 80-6-909, (Renumbered from 78A-6-1210, as renumbered and amended by Laws of
494 Utah 2008, Chapter 123)
495 80-6-1001, (Renumbered from 78A-6-1502, as enacted by Laws of Utah 2020, Chapter
496 218)
497 80-6-1002, (Renumbered from 78A-6-1114, as last amended by Laws of Utah 2020,
498 Chapter 108)
499 80-6-1004, (Renumbered from 78A-6-1503, as renumbered and amended by Laws of
500 Utah 2020, Chapter 218)
501 80-6-1005, (Renumbered from 78A-6-1504, as enacted by Laws of Utah 2020, Chapter
502 218)
503 80-6-1006, (Renumbered from 78A-6-1505, as enacted by Laws of Utah 2020, Chapter
504 218)
505 80-6-1007, (Renumbered from 78A-6-1506, as enacted by Laws of Utah 2020, Chapter
506 218)
507 80-7-102, (Renumbered from 78A-6-802, as renumbered and amended by Laws of Utah
508 2008, Chapter 3)
509 80-7-103, (Renumbered from 78A-6-803, as renumbered and amended by Laws of Utah
510 2008, Chapter 3)
511 80-7-104, (Renumbered from 78A-6-804, as last amended by Laws of Utah 2010,
512 Chapter 259)
513 80-7-105, (Renumbered from 78A-6-805, as renumbered and amended by Laws of Utah
514 2008, Chapter 3)
515 REPEALS:
516 62A-4a-203.5, as last amended by Laws of Utah 2008, Chapter 3
517 62A-7-101, as last amended by Laws of Utah 2020, Chapter 214
518 62A-7-503, as renumbered and amended by Laws of Utah 2005, Chapter 13
519 62A-7-505, as last amended by Laws of Utah 2020, Chapter 214
520 78A-6-106, as last amended by Laws of Utah 2018, Chapter 285
521 78A-6-108, as last amended by Laws of Utah 2020, Chapter 214
522 78A-6-117, as last amended by Laws of Utah 2020, Fifth Special Session, Chapters 20
523 and 20
524 78A-6-119, as last amended by Laws of Utah 2019, Chapter 162
525 78A-6-121, as last amended by Laws of Utah 2017, Chapter 330
526 78A-6-310, as renumbered and amended by Laws of Utah 2008, Chapter 3
527 78A-6-604, as last amended by Laws of Utah 2019, Chapter 162
528 78A-6-801, as renumbered and amended by Laws of Utah 2008, Chapter 3
529 78A-6-1102, as renumbered and amended by Laws of Utah 2008, Chapter 3
530 78A-6-1103, as last amended by Laws of Utah 2019, Chapters 136 and 335
531 78A-6-1107, as last amended by Laws of Utah 2020, Chapter 214
532 78A-6-1108, as last amended by Laws of Utah 2020, Chapter 214
533 78A-6-1111, as last amended by Laws of Utah 2020, Chapters 371, 392, and 395
534 78A-6-1201, as renumbered and amended by Laws of Utah 2008, Chapter 3
535 78A-6-1401, as enacted by Laws of Utah 2013, Chapter 340
536 78A-6-1402, as enacted by Laws of Utah 2013, Chapter 340
537 78A-6-1501, as enacted by Laws of Utah 2020, Chapter 218
538 Utah Code Sections Affected by Coordination Clause:
539 62A-4a-101, as last amended by Laws of Utah 2019, Chapters 259 and 335
540 76-3-201, as last amended by Laws of Utah 2017, Chapter 304
541 76-3-401.5, Utah Code Annotated 1953
542 77-38-601, Utah Code Annotated 1953
543 77-40-105, as last amended by Laws of Utah 2020, Chapters 177 and 218
544 80-3-102, Utah Code Annotated 1953
545 80-3-110, Utah Code Annotated 1953
546 80-6-206, Utah Code Annotated 1953
547
548 Be it enacted by the Legislature of the state of Utah:
549 Section 1. Section 53G-6-201 is amended to read:
550 53G-6-201. Definitions.
551 As used in this part:
552 (1) (a) "Absence" or "absent" means the failure of a school-age child assigned to a class
553 or class period to attend a class or class period.
554 (b) "Absence" or "absent" does not mean multiple tardies used to calculate an absence
555 for the sake of a truancy.
556 [
557 (2) "Educational neglect" means the same as that term is defined in Section 80-1-102.
558 (3) "Minor" means an individual who is under 18 years old.
559 [
560 (a) a custodial parent of the minor;
561 (b) a legally appointed guardian of a minor; or
562 (c) any other person purporting to exercise any authority over the minor which could be
563 exercised by a person described in Subsection [
564 [
565 school-age child is required to be in school for purposes of receiving instruction.
566 [
567 charter school governing board as the school year for the school where the school-age child:
568 (a) is enrolled; or
569 (b) should be enrolled, if the school-age child is not enrolled in school.
570 [
571 (a) is at least six years old but younger than 18 years old; and
572 (b) is not emancipated.
573 [
574 excuse, and subject to Subsection [
575 (i) half of the school day; or
576 (ii) if the school-age child is enrolled in a learner verified program, as that term is
577 defined by the state board, the relevant amount of time under the LEA's policy regarding the
578 LEA's continuing enrollment measure as it relates to truancy.
579 (b) A school-age child may not be considered truant under this part more than one time
580 during one day.
581 [
582 (a) is subject to the requirements of Section 53G-6-202 or 53G-6-203; and
583 (b) is truant.
584 [
585 (i) an illness, which may be either mental or physical;
586 (ii) a family death;
587 (iii) an approved school activity;
588 (iv) an absence permitted by a school-age child's:
589 (A) individualized education program; or
590 (B) Section 504 accommodation plan;
591 (v) an absence permitted in accordance with Subsection 53G-6-803(5); or
592 (vi) any other excuse established as valid by a local school board, charter school
593 governing board, or school district.
594 (b) "Valid excuse" does not mean a parent acknowledgment of an absence for a reason
595 other than a reason described in Subsections [
596 permitted by the local school board, charter school governing board, or school district under
597 Subsection [
598 Section 2. Section 53G-6-210, which is renumbered from Section 78A-6-319 is
599 renumbered and amended to read:
600 [
601 Defenses.
602 (1) With regard to a [
603 under Section 80-3-201 based on educational neglect:
604 (a) if allegations include failure of a [
605 progress, the juvenile court shall permit demonstration of the [
606 skills and abilities based upon any of the criteria used in granting school credit, in accordance
607 with Section 53G-6-702;
608 (b) parental refusal to comply with actions taken by school authorities in violation of
609 Section 53G-10-202, 53G-10-205, 53G-10-403, or 53G-10-203, does not constitute educational
610 neglect;
611 (c) parental refusal to support efforts by a school to encourage a [
612 accordance with any educational objective that focuses on the adoption or expression of a
613 personal philosophy, attitude, or belief that is not reasonably necessary to maintain order and
614 discipline in the school, prevent unreasonable endangerment of persons or property, or to
615 maintain concepts of civility and propriety appropriate to a school setting, does not constitute
616 educational neglect; and
617 (d) an allegation of educational neglect may not be sustained, based solely on a
618 [
619 from any given class, without good cause, for more than 10 consecutive school days or more
620 than 1/16 of the applicable school term.
621 (2) A [
622 of this chapter:
623 (a) unless there is clear and convincing evidence that:
624 (i) the [
625 officials have complied with the requirements of Section 53G-6-206; and
626 (ii) the [
627 expectations in one or more basic skills, and is not receiving special educational services or
628 systematic remediation efforts designed to correct the problem;
629 (b) if the [
630 evidence that:
631 (i) school authorities have failed to comply with the requirements of [
632
633 (ii) the [
634 53G-6-204;
635 (iii) there is documentation that the [
636 progress at a level commensurate with the [
637 (iv) the parent, guardian, or other person in control of the [
638 good faith effort to secure the [
639 (v) good cause or a valid excuse exists for the [
640 (vi) the [
641 is exempt under other applicable state or federal law;
642 (vii) the [
643 public school's age group expectations in all basic skills, as measured by a standardized
644 academic achievement test administered by the school district where the [
645 resides; or
646 (viii) the parent or guardian [
647 curriculum to required school curriculum, in accordance with Section 53G-10-205 or
648 53G-10-403, [
649 parents have implemented the alternative curriculum; or
650 (c) if the [
651 Section 3. Section 53G-6-211, which is renumbered from Section 78A-6-320 is
652 renumbered and amended to read:
653 [
654 school.
655 (1) (a) When a proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency
656 Proceedings, arises from a [
657 assertion of a constitutional or statutory right or duty, raised either by the [
658
659 shall hear the petition and resolve the issues associated with the asserted constitutional or
660 statutory claims within 15 days after the day on which the petition is filed.
661 (b) The parties may waive the time limitation described in this subsection.
662 (2) Absent an emergency situation or other exigent circumstances, the juvenile court
663 may not enter any order changing the educational status of the [
664 time the petition was filed, until the hearing described in Subsection (1) is concluded.
665 (3) [
666 provide the juvenile court with factual stipulations and make all other efforts that are
667 reasonably available to minimize the time required to hear the claims described in Subsection
668 (1).
669 Section 4. Section 62A-4a-101 is amended to read:
670 62A-4a-101. Definitions.
671 As used in this chapter:
672 (1) "Abuse" means the same as that term is defined in Section [
673 (2) "Adoption services" means:
674 (a) placing children for adoption;
675 (b) subsidizing adoptions under Section 62A-4a-105;
676 (c) supervising adoption placements until the adoption is finalized by the court;
677 (d) conducting adoption studies;
678 (e) preparing adoption reports upon request of the court; and
679 (f) providing postadoptive placement services, upon request of a family, for the
680 purpose of stabilizing a possible disruptive placement.
681 (3) "Child" means, except as provided in Part 7, Interstate Compact on Placement of
682 Children, [
683 (4) "Child protection team" means a team consisting of:
684 (a) the caseworker assigned to the case;
685 (b) the caseworker who made the decision to remove the child;
686 (c) a representative of the school or school district where the child attends school;
687 (d) the peace officer who removed the child from the home;
688 (e) a representative of the appropriate Children's Justice Center, if one is established
689 within the county where the child resides;
690 (f) if appropriate, and known to the division, a therapist or counselor who is familiar
691 with the child's circumstances;
692 (g) members of a child protection unit; and
693 (h) any other individuals determined appropriate and necessary by the team coordinator
694 and chair.
695 (5) "Child protection unit" means any unit created by a chief of police or a sheriff of a
696 city, town, metro township, or county that is composed of at least the following individuals
697 who are trained in the prevention, identification, and treatment of abuse or neglect:
698 (a) a law enforcement officer, as defined in Section 53-13-103; and
699 (b) a child advocate selected by the chief of police or a sheriff.
700 (6) (a) "Chronic abuse" means repeated or patterned abuse.
701 (b) "Chronic abuse" does not mean an isolated incident of abuse.
702 (7) (a) "Chronic neglect" means repeated or patterned neglect.
703 (b) "Chronic neglect" does not mean an isolated incident of neglect.
704 (8) "Consult" means an interaction between two persons in which the initiating person:
705 (a) provides information to another person;
706 (b) provides the other person an opportunity to respond; and
707 (c) takes the other person's response, if any, into consideration.
708 (9) "Consumer" means a person who receives services offered by the division in
709 accordance with this chapter.
710 (10) "Custody," with regard to the division, means the custody of a minor in the
711 division as of the date of disposition.
712 (11) "Day-care services" means care of a child for a portion of the day which is less
713 than 24 hours:
714 (a) in the child's own home by a responsible person; or
715 (b) outside of the child's home in a:
716 (i) day-care center;
717 (ii) family group home; or
718 (iii) family child care home.
719 (12) "Dependent child" or "dependency" means a child, or the condition of a child, who
720 is homeless or without proper care through no fault of the child's parent, guardian, or custodian.
721 (13) "Director" means the director of the Division of Child and Family Services created
722 in Section 62A-4a-103.
723 (14) "Division" means the Division of Child and Family Services.
724 (15) "Domestic violence services" means:
725 (a) temporary shelter, treatment, and related services to:
726 (i) a person who is a victim of abuse, as defined in Section 78B-7-102; and
727 (ii) the dependent children of a person who is a victim of abuse, as defined in Section
728 78B-7-102; and
729 (b) treatment services for a person who is alleged to have committed, has been
730 convicted of, or has pled guilty to, an act of domestic violence as defined in Section 77-36-1.
731 (16) "Educational neglect" means the same as that term is defined in Section 80-1-102.
732 [
733 80-1-102.
734 [
735 help given to individual caretaker relatives to achieve improved household and family
736 management through the services of a trained homemaker.
737 [
738 80-1-102.
739 [
740 1903.
741 [
742 1903.
743 [
744 Placement of Children[
745 [
746 [
747 [
748 [
749
750 [
751 [
752 [
753 (a) opened by the division under the division's discretion and procedures;
754 (b) opened by the law enforcement agency with jurisdiction over the case; and
755 (c) accepted for investigation by the child protection unit established by the chief of
756 police or sheriff, as applicable.
757 [
758
759 (25) "Natural parent" means the same as that term is defined in Section 80-1-102.
760 [
761 80-1-102.
762 [
763
764 [
765 [
766 (27) "Protective custody" means the same as that term is defined in Section 80-1-102.
767 [
768 (a) in response to evidence of neglect, abuse, or dependency of a child;
769 (b) to a cohabitant who is neglecting or abusing a child, in order to:
770 (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
771 causes of neglect or abuse; and
772 (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
773 (c) in cases where the child's welfare is endangered:
774 (i) to bring the situation to the attention of the appropriate juvenile court and law
775 enforcement agency;
776 (ii) to cause a protective order to be issued for the protection of the child, when
777 appropriate; and
778 (iii) to protect the child from the circumstances that endanger the child's welfare
779 including, when appropriate:
780 (A) removal from the child's home;
781 (B) placement in substitute care; and
782 (C) petitioning the court for termination of parental rights.
783 [
784 [
785 [
786 [
787 [
788 [
789 [
790 [
791 [
792 (34) "Shelter facility" means a nonsecure facility that provides shelter care for a minor.
793 [
794 common either by blood or adoption.
795 [
796 interaction between a child in division custody with a sibling of that child.
797 [
798 (a) a state of the United States;
799 (b) the District of Columbia;
800 (c) the Commonwealth of Puerto Rico;
801 (d) the Virgin Islands;
802 (e) Guam;
803 (f) the Commonwealth of the Northern Mariana Islands; or
804 (g) a territory or possession administered by the United States.
805 [
806 youth, and family services administered by the division in accordance with federal law.
807 [
808
809 [
810 [
811 [
812 preponderance of the evidence that abuse or neglect occurred. Each allegation made or
813 identified in a given case shall be considered separately in determining whether there should be
814 a finding of substantiated.
815 [
816 (a) the placement of a minor in a family home, group care facility, or other placement
817 outside the minor's own home, either at the request of a parent or other responsible relative, or
818 upon court order, when it is determined that continuation of care in the minor's own home
819 would be contrary to the minor's welfare;
820 (b) services provided for a minor awaiting placement; and
821 (c) the licensing and supervision of a substitute care facility.
822 [
823 available at the completion of an investigation that there is a reasonable basis to conclude that
824 abuse, neglect, or dependency occurred. Each allegation made or identified during the course
825 of the investigation shall be considered separately in determining whether there should be a
826 finding of supported.
827 [
828
829 (44) "Temporary custody" means, with regard to the division, the custody of a child
830 from the day on which the shelter hearing described in Section 80-3-301 is held until the day
831 on which the juvenile court enters a disposition under Section 80-3-405.
832 [
833 [
834 [
835 with escort service, if necessary, to and from community facilities and resources as part of a
836 service plan.
837 [
838 evidence to conclude that abuse or neglect occurred.
839 [
840 investigation that there is insufficient evidence to conclude that abuse, neglect, or dependency
841 occurred. However, a finding of unsupported means also that the division did not conclude
842 that the allegation was without merit.
843 [
844 the division, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur,
845 or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
846 Section 5. Section 62A-4a-202.1 is repealed and reenacted to read:
847 62A-4a-202.1. Removal or protective custody of a child -- Search warrants --
848 Temporary care of a child.
849 (1) A peace officer or a child welfare worker may not enter the home of a child whose
850 case is not under the jurisdiction of the court, remove a child from the child's home or school,
851 or take a child into protective custody unless:
852 (a) there exist exigent circumstances sufficient to relieve the peace officer or the child
853 welfare worker of the requirement to obtain a search warrant under Subsection (4) or (8);
854 (b) the peace officer or the child welfare worker obtains a search warrant under
855 Subsection (4) or (8);
856 (c) the peace officer or the child welfare worker obtains a court order after the child's
857 parent or guardian is given notice and an opportunity to be heard; or
858 (d) the peace officer or the child welfare worker obtains the consent of the child's
859 parent or guardian.
860 (2) A peace officer or a child welfare worker may not remove a child from the child's
861 home or take a child into custody under this section solely on the basis of:
862 (a) educational neglect, truancy, or failure to comply with a court order to attend
863 school; or
864 (b) the possession or use, in accordance with Title 26, Chapter 61a, Utah Medical
865 Cannabis Act, of cannabis in a medicinal dosage form, a cannabis product in a medicinal
866 dosage form, or a medical cannabis device, as those terms are defined in Section 26-61a-102.
867 (3) (a) A child welfare worker may take action under Subsection (1) accompanied by a
868 peace officer or without a peace officer if a peace officer is not reasonably available.
869 (b) Before taking a child into protective custody, and if possible and if consistent with
870 the child's safety and welfare, a child welfare worker shall determine whether there are services
871 available that, if provided to a parent or guardian of the child, would eliminate the need to
872 remove the child from the custody of the child's parent or guardian.
873 (c) If the services described in Subsection (3)(b) are reasonably available, the services
874 described in Subsection (3)(b) shall be utilized.
875 (d) In determining whether the services described in Subsection (3)(b) are reasonably
876 available, and in making reasonable efforts to provide the services described in Subsection
877 (3)(b), the child's health, safety, and welfare shall be the child welfare worker's paramount
878 concern.
879 (4) (a) The juvenile court may issue a warrant authorizing a peace officer or a child
880 welfare worker to search for a child and take the child into protective custody if it appears to
881 the juvenile court upon a verified petition, recorded sworn testimony or an affidavit sworn to
882 by a peace officer or any other individual, and upon the examination of other witnesses if
883 required by the juvenile court, that there is probable cause to believe that:
884 (i) there is a threat of substantial harm to the child's health or safety;
885 (ii) it is necessary to take the child into protective custody to avoid the harm described
886 in Subsection (4)(a)(i); and
887 (iii) it is likely that the child will suffer substantial harm if the parent or guardian of the
888 child is given notice and an opportunity to be heard before the child is taken into protective
889 custody.
890 (b) In accordance with Section 77-23-210, a peace officer making the search may enter
891 a house or premises by force, if necessary, in order to remove the child.
892 (c) The individual executing the warrant shall take the child to a shelter facility
893 designated by the juvenile court or the division or to an emergency placement if the division
894 makes an emergency placement under Section 62A-4a-209.
895 (5) If a peace officer or a child welfare worker takes a child into protective custody
896 under Subsection (1), the peace officer or the child welfare worker shall:
897 (a) notify the child's parent or guardian as described in Section 62A-4a-202.2;
898 (b) release the child to the care of the child's parent, guardian, or another responsible
899 adult, unless:
900 (i) the child's immediate welfare requires the child remain in protective custody; or
901 (ii) the protection of the community requires the child's detention in accordance with
902 Title 80, Chapter 6, Part 2, Custody and Detention.
903 (6) If a peace officer or a child welfare worker takes a child to a shelter facility, the
904 peace officer or the child welfare worker shall promptly file a written report, on a form
905 provided by the division, with the shelter facility.
906 (7) (a) A child removed or taken into protective custody under this section may not be
907 placed or kept in detention, as defined in Section 80-1-102, pending court proceedings, unless
908 the child may be held in detention under Title 80, Chapter 6, Part 2, Custody and Detention.
909 (b) A child removed from the custody of the child's parent or guardian but who does
910 not require physical restriction shall be given temporary care in:
911 (i) a shelter facility; or
912 (ii) an emergency placement in accordance with Section 62A-4a-209.
913 (c) When making a placement under Subsection (7)(b), the division shall give priority
914 to a placement with a noncustodial parent, relative, or friend in accordance with Section
915 62A-4a-209.
916 (d) If the child is not placed with a noncustodial parent, a relative, or a designated
917 friend, the caseworker assigned to the child shall file a report with the caseworker's supervisor
918 explaining why a different placement was in the child's best interest.
919 (8) A juvenile court shall issue a warrant authorizing a peace officer or a child welfare
920 worker to search for a child who is missing, has been abducted, or has run away, and take the
921 child into custody if the court determines that:
922 (a) the child is in the legal custody of the division; and
923 (b) the child is missing, has been abducted, or has run away.
924 (9) When a juvenile court issues a warrant under Subsection (8):
925 (a) the division shall notify the child's parent or guardian who has a right to parent-time
926 with the child;
927 (b) the court shall order:
928 (i) the law enforcement agency that has jurisdiction over the location from which the
929 child ran away to enter a record of the warrant into the National Crime Information Center
930 database within 24 hours after the time in which the law enforcement agency receives a copy of
931 the warrant; and
932 (ii) the division to notify the law enforcement agency described in Subsection (9)(b)(i)
933 of the order described in Subsection (9)(b)(i); and
934 (c) the court shall specify the location to which the peace officer or the child welfare
935 worker shall transport the child.
936 (10) (a) The parent or guardian to be notified under Subsection (9) must be:
937 (i) the child's primary caregiver; or
938 (ii) the parent or guardian who has custody of the child when the order is sought.
939 (b) The person required to provide notice under Subsection (9) shall make a good faith
940 effort to provide notice to a parent or guardian who:
941 (i) is not required to be notified under Subsection (10)(a); and
942 (ii) has a right to parent-time with the child.
943 Section 6. Section 62A-4a-202.2 is amended to read:
944 62A-4a-202.2. Notice upon removal of a child -- Locating noncustodial parent --
945 Information provided to parent, guardian, or responsible adult.
946 (1) (a) [
947 who takes a child into protective custody [
948 62A-4a-202.1(1), shall immediately use reasonable efforts to locate and inform, through the
949 most efficient means available, the parents, including a noncustodial parent, the guardian, or
950 responsible relative:
951 (i) that the child has been taken into protective custody;
952 (ii) the reasons for removal and placement of the child in protective custody;
953 (iii) that [
954 will be provided with information on:
955 (A) the parent's or guardian's procedural rights; and
956 (B) the preliminary stages of the investigation and shelter hearing;
957 (iv) of a telephone number where the parent or guardian may access further
958 information;
959 (v) that the child and the child's parent or guardian are entitled to have an attorney
960 present at the shelter hearing;
961 (vi) that if the child's parent or guardian is [
962 defined in Section 78B-22-102, and desires to have an attorney, one will be provided; and
963 (vii) that resources are available to assist the child's parent or guardian, including:
964 (A) a parent advocate;
965 (B) a qualified attorney; or
966 (C) potential expert witnesses to testify on behalf of the[
967 guardian, or the child's family.
968 [
969 [
970 [
971 [
972 (b) For purposes of locating and informing the noncustodial parent as required in
973 Subsection (1)(a), the division shall search for the noncustodial parent through the national
974 parent locator database if the division is unable to locate the noncustodial parent through other
975 reasonable efforts.
976 [
977
978 [
979 [
980 (2) At the time that a child is taken into protective custody under Subsection
981 62A-4a-202.1(1), the child's parent or a guardian shall be provided an informational packet
982 with:
983 (a) all of the information described in Subsection (1);
984 (b) information on the conditions under which a child may be released;
985 (c) information on resources that are available to the parent or guardian, including:
986 (i) mental health resources;
987 (ii) substance abuse resources; and
988 (iii) parenting classes; and
989 (d) any other information considered relevant by the division.
990 (3) The informational packet described in Subsection (2) shall be:
991 (a) evaluated periodically for the effectiveness of the informational packet at conveying
992 necessary information and revised accordingly;
993 (b) written in simple, easy-to-understand language;
994 (c) available in English and other languages as the division determines to be
995 appropriate and necessary; and
996 (d) made available for distribution in:
997 [
998 [
999 [
1000 [
1001 [
1002 [
1003 [
1004 [
1005 [
1006 [
1007
1008 [
1009 [
1010 parent or guardian or a responsible relative in accordance with the requirements of Subsection
1011 (1), failure to notify:
1012 (a) shall be considered to be due to circumstances beyond the control of the peace
1013 officer or caseworker; and
1014 (b) may not be construed to:
1015 (i) permit a new defense to any juvenile or judicial proceeding; or
1016 (ii) interfere with any rights, procedures, or investigations provided for by this chapter
1017 or [
1018 Dependency Proceedings, or Chapter 4, Termination and Restoration of Parental Rights.
1019 Section 7. Section 62A-5-308 is amended to read:
1020 62A-5-308. Commitment -- Individual who is under 18 years old.
1021 (1) [
1022 may commit an individual under 18 years [
1023 symptoms of an intellectual disability, to the division for observation, diagnosis, care, and
1024 treatment if that commitment is based on:
1025 [
1026
1027
1028
1029
1030 [
1031
1032 (a) an emergency commitment in accordance with Section 62A-5-311: or
1033 (b) involuntary commitment in accordance with Section 62A-5-312.
1034 (2) A proceeding for involuntary commitment under Subsection (1)(a) may be
1035 commenced by filing a written petition with the juvenile court under Section 62A-5-312.
1036 (3) (a) A juvenile court has jurisdiction over the proceeding under Subsection (2) as
1037 described in Subsection 78A-6-103(2)(f).
1038 (b) A juvenile court shall proceed with the written petition in the same manner and
1039 with the same authority as the district court.
1040 (4) If an individual who is under 18 years old is committed to the custody of the Utah
1041 State Developmental Center by the juvenile court, the director or the director's designee shall
1042 give the juvenile court written notice of the intention to release the individual not fewer than
1043 five days before the day on which the individual is released.
1044 Section 8. Section 62A-5-309 is amended to read:
1045 62A-5-309. Commitment -- Individual who is 18 years old or older.
1046 (1) [
1047 commit to the division an individual 18 years [
1048 disability, for observation, diagnosis, care, and treatment if that commitment is based on:
1049 [
1050 62A-5-312; or
1051 [
1052 with Section 62A-5-311.
1053 (2) If an individual who is 18 years old or older is committed to the custody of the Utah
1054 State Developmental Center by the juvenile court, the director or the director's designee shall
1055 give the juvenile court written notice of the intention to release the individual not fewer than
1056 five days before the day on which the individual is released.
1057 Section 9. Section 62A-15-705 is amended to read:
1058 62A-15-705. Commitment proceedings in juvenile court -- Criteria -- Custody.
1059 (1) (a) Subject to Subsection (1)(b), [
1060 proceeding for a child may be commenced by filing a written application with the juvenile
1061 court of the county in which the child resides or is found, in accordance with the procedures
1062 described in Section 62A-15-631.
1063 (b) [
1064 commenced only after a commitment proceeding under Section 62A-15-703 has concluded
1065 without the child being committed.
1066 (2) The juvenile court shall order commitment to the physical custody of a local mental
1067 health authority if, upon completion of the hearing and consideration of the record, [
1068 juvenile court finds by clear and convincing evidence that:
1069 (a) the child has a mental illness, as defined in Section 62A-15-602;
1070 (b) the child demonstrates a risk of harm to [
1071 (c) the child is experiencing significant impairment in the child's ability to perform
1072 socially;
1073 (d) the child will benefit from the proposed care and treatment; and
1074 (e) there is no appropriate less restrictive alternative.
1075 (3) The juvenile court may not commit a child under Subsection (1) directly to the
1076 Utah State Hospital.
1077 [
1078 (a) conduct periodic reviews of children committed to [
1079 local mental health authority's custody in accordance with this section[
1080 (b) release any child who has sufficiently improved so that the local mental health
1081 authority, or [
1082 longer appropriate.
1083 (5) If a child is committed to the custody of a local mental health authority, or the local
1084 mental health authority's designee, by the juvenile court, the local mental health authority, or
1085 the local mental health authority's designee, shall give the juvenile court written notice of the
1086 intention to release the child not fewer than five days before the day on which the child is
1087 released.
1088 Section 10. Section 76-8-311.5, which is renumbered from Section 62A-7-402 is
1089 renumbered and amended to read:
1090 [
1091 Trespass of a secure care facility -- Criminal penalties.
1092 (1) As used in this section:
1093 (a) "Division" means the Division of Juvenile Justice Services created in Section
1094 80-5-103.
1095 (b) "Juvenile offender" means the same as that term is defined in Section 80-1-102.
1096 (c) "Secure care" means the same as that term is defined in Section 80-1-102.
1097 (d) "Secure care facility" means the same as that term is defined in Section 80-1-102.
1098 [
1099 A misdemeanor:
1100 (a) entering, or attempting to enter, a building or enclosure appropriated to the use of
1101 juvenile offenders, without permission;
1102 (b) entering any premises belonging to a secure care facility and committing or
1103 attempting to commit a trespass or damage on [
1104 facility; or
1105 (c) willfully annoying or disturbing the peace and quiet of a secure care facility or of a
1106 juvenile offender in a secure care facility.
1107 [
1108 (a) knowingly harbors or conceals a juvenile offender who has:
1109 (i) escaped from [
1110 (ii) as described in Subsection (4), absconded from:
1111 (A) a facility or supervision; or
1112 (B) supervision of the division; or
1113 (b) willfully aided or assisted a juvenile offender who has been lawfully committed to a
1114 secure care facility in escaping or attempting to escape from [
1115 [
1116 (a) a juvenile offender absconds from a facility under this section when the juvenile
1117 offender:
1118 (i) leaves the facility without permission; or
1119 (ii) fails to return at a prescribed time.
1120 (b) A juvenile offender absconds from supervision when the juvenile offender:
1121 (i) changes the juvenile offender's residence from the residence that the juvenile
1122 offender reported to the division as the juvenile offender's correct address to another residence,
1123 without notifying the division or obtaining permission; or
1124 (ii) for the purpose of avoiding supervision:
1125 (A) hides at a different location from the juvenile offender's reported residence; or
1126 (B) leaves the juvenile offender's reported residence.
1127 Section 11. Section 76-8-418 is amended to read:
1128 76-8-418. Damaging jails or other places of confinement.
1129 (1) As used in this section:
1130 (a) "Child" means the same as that term is defined in Section 80-1-102.
1131 (b) "Detention facility" means the same as that term is defined in Section 80-1-102.
1132 (c) "Secure care facility" means the same as that term is defined in Section 80-1-102.
1133 (d) "Shelter facility" means the same as that term is defined in Section 62A-4a-101.
1134 (2) A person who willfully and intentionally breaks down, pulls down, destroys, floods,
1135 or otherwise damages any public jail or other place of confinement, including a detention[
1136
1137 facility, is guilty of a felony of the third degree.
1138 (3) This section is applicable to a child who willfully and intentionally commits an
1139 offense against a public jail, a detention facility, a shelter facility, or a secure care facility.
1140 Section 12. Section 78A-2-801 is enacted to read:
1141
1142 78A-2-801. Definitions.
1143 As used in this chapter:
1144 (1) "Abuse, neglect, or dependency petition" means the same as that term is defined in
1145 Section 80-3-102.
1146 (2) "Attorney guardian ad litem" means an attorney employed by the office.
1147 (3) "Director" means the director of the office.
1148 (4) "Division" means the Division of Child and Family Services created in Section
1149 62A-4a-103.
1150 (5) "Guardian ad litem" means an attorney guardian ad litem or a private attorney
1151 guardian ad litem.
1152 (6) "Indigent individual" means the same as that term is defined in Section
1153 78B-22-102.
1154 (7) "Minor" means the same as that term is defined in Section 80-1-102.
1155 (8) "Office" means the Office of Guardian ad Litem created in Section 78A-2-802.
1156 (9) "Private attorney guardian ad litem" means an attorney designated by the office in
1157 accordance with Section 78A-2-705 who is not an employee of the office.
1158 Section 13. Section 78A-2-802, which is renumbered from Section 78A-6-901 is
1159 renumbered and amended to read:
1160 [
1161 director -- Duties of director -- Contracts in second, third, and fourth districts.
1162 [
1163 [
1164 [
1165 [
1166 [
1167
1168 [
1169 of the Guardian ad Litem Oversight Committee described in Subsection 78A-2-104(13).
1170 [
1171 individual to serve full time as the guardian ad litem director for the state.
1172 (b) The guardian ad litem director shall:
1173 (i) serve at the pleasure of the Guardian ad Litem Oversight Committee, in consultation
1174 with the state court administrator[
1175 [
1176 selected on the basis of:
1177 [
1178 [
1179 [
1180 juvenile and district courts; and
1181 [
1182 and evaluation[
1183 [
1184 appointment, be trained in nationally recognized standards for an attorney guardian ad litem.
1185 [
1186 (a) establish policy and procedure for the management of a statewide guardian ad litem
1187 program;
1188 (b) manage the guardian ad litem program to assure that [
1189 receives qualified guardian ad litem services in an abuse, neglect, and dependency
1190 [
1191 Proceedings, in accordance with state and federal law and policy;
1192 (c) develop standards for contracts of employment and contracts with independent
1193 contractors, and employ or contract with attorneys licensed to practice law in this state, to act
1194 as attorney guardians ad litem in accordance with Section [
1195 (d) develop and provide training programs for volunteers in accordance with the United
1196 States Department of Justice National Court Appointed Special Advocates Association
1197 standards;
1198 (e) develop and update a guardian ad litem manual that includes:
1199 (i) best practices for an attorney guardian ad litem; and
1200 (ii) statutory and case law relating to an attorney guardian ad litem;
1201 (f) develop and provide a library of materials for the continuing education of attorney
1202 guardians ad litem and volunteers;
1203 (g) educate court personnel regarding the role and function of guardians ad litem;
1204 (h) develop needs assessment strategies, perform needs assessment surveys, and ensure
1205 that guardian ad litem training programs correspond with actual and perceived needs for
1206 training;
1207 (i) design and implement evaluation tools based on specific objectives targeted in the
1208 needs assessments described in Subsection [
1209 (j) prepare and submit an annual report to the Guardian ad Litem Oversight Committee
1210 and the Child Welfare Legislative Oversight Panel created in Section 62A-4a-207 regarding:
1211 (i) the development, policy, and management of the statewide guardian ad litem
1212 program;
1213 (ii) the training and evaluation of attorney guardians ad litem and volunteers; and
1214 (iii) the number of minors served by the office;
1215 (k) hire, train, and supervise investigators; and
1216 (l) administer the program of private attorney guardians ad litem established by Section
1217 78A-2-705.
1218 [
1219 [
1220 third, and fourth judicial districts devote [
1221 attention to the role of attorney guardian ad litem, having no clients other than the minors
1222 whose interest [
1223 litem program.
1224 Section 14. Section 78A-2-803, which is renumbered from Section 78A-6-902 is
1225 renumbered and amended to read:
1226 [
1227 Duties and responsibilities -- Training -- Trained staff and court-appointed special
1228 advocate volunteers -- Costs -- Immunity -- Annual report.
1229 (1) (a) The court:
1230 (i) may appoint an attorney guardian ad litem to represent the best interest of a minor
1231 involved in any case before the court; and
1232 (ii) shall consider the best interest of a minor, consistent with the provisions of Section
1233 62A-4a-201, in determining whether to appoint a guardian ad litem.
1234 (b) In all cases where an attorney guardian ad litem is appointed, the court shall make a
1235 finding that establishes the necessity of the appointment.
1236 (2) An attorney guardian ad litem shall represent the best interest of each [
1237 who may become the subject of [
1238 neglect, or dependency petition from the earlier of [
1239 (a) the [
1240 the division; or
1241 (b) the day on which the abuse, neglect, or dependency petition is filed.
1242 (3) The director shall ensure that each attorney guardian ad litem employed by the
1243 office:
1244 (a) represents the best interest of each client of the office in all venues, including:
1245 (i) court proceedings; and
1246 (ii) meetings to develop, review, or modify the child and family plan with the [
1247
1248 (b) [
1249 (i) applicable statutory, regulatory, and case law; and
1250 (ii) nationally recognized standards for an attorney guardian ad litem;
1251 (c) conducts or supervises an ongoing, independent investigation in order to obtain,
1252 first-hand, a clear understanding of the situation and needs of the minor;
1253 (d) (i) personally meets with the minor, unless:
1254 (A) the minor is outside of the state; or
1255 (B) meeting with the minor would be detrimental to the minor;
1256 (ii) personally interviews the minor, unless:
1257 (A) the minor is not old enough to communicate;
1258 (B) the minor lacks the capacity to participate in a meaningful interview; or
1259 (C) the interview would be detrimental to the minor; and
1260 (iii) if the minor is placed in an out-of-home placement, or is being considered for
1261 placement in an out-of-home placement, unless it would be detrimental to the minor:
1262 (A) to the extent possible, determines the minor's goals and concerns regarding
1263 placement; and
1264 (B) personally assesses or supervises an assessment of the appropriateness and safety
1265 of the minor's environment in each placement;
1266 (e) personally attends all review hearings pertaining to the minor's case;
1267 (f) participates in all appeals, unless excused by order of the court;
1268 (g) is familiar with local experts who can provide consultation and testimony regarding
1269 the reasonableness and appropriateness of efforts made by the [
1270
1271 (i) maintain a minor in the minor's home; or
1272 (ii) reunify [
1273 (h) to the extent possible, and unless it would be detrimental to the minor, personally
1274 or through a trained volunteer, paralegal, or other trained staff, keeps the minor advised of:
1275 (i) the status of the minor's case;
1276 (ii) all court and administrative proceedings;
1277 (iii) discussions with, and proposals made by, other parties;
1278 (iv) court action; and
1279 (v) the psychiatric, medical, or other treatment or diagnostic services that are to be
1280 provided to the minor;
1281 (i) in cases where a child and family plan is required, personally or through a trained
1282 volunteer, paralegal, or other trained staff, monitors implementation of a minor's child and
1283 family plan and any dispositional orders to:
1284 (i) determine whether services ordered by the court:
1285 (A) are actually provided; and
1286 (B) are provided in a timely manner; and
1287 (ii) attempt to assess whether services ordered by the court are accomplishing the
1288 intended goal of the services; and
1289 (j) makes all necessary court filings to advance the [
1290 litem position regarding the best interest of the [
1291 (4) (a) Consistent with this Subsection (4), an attorney guardian ad litem may use
1292 trained volunteers, in accordance with Title 67, Chapter 20, Volunteer Government Workers
1293 Act, trained paralegals, and other trained staff to assist in investigation and preparation of
1294 information regarding the cases of individual minors before the court.
1295 (b) [
1296 other staff utilized under this section shall be trained in and follow, at a minimum, the
1297 guidelines established by the United States Department of Justice Court Appointed Special
1298 Advocate Association.
1299 (5) The attorney guardian ad litem shall continue to represent the best interest of the
1300 minor until released from that duty by the court.
1301 (6) (a) Consistent with Subsection (6)(b), the juvenile court is responsible for:
1302 (i) all costs resulting from the appointment of an attorney guardian ad litem; and
1303 (ii) the costs of volunteer, paralegal, and other staff appointment and training.
1304 (b) The court shall use funds appropriated by the Legislature for the guardian ad litem
1305 program to cover the costs described in Subsection (6)(a).
1306 (c) (i) When the court appoints an attorney guardian ad litem under this section, the
1307 court may assess all or part of the attorney fees, court costs, and paralegal, staff, and volunteer
1308 expenses against the [
1309 court determines to be just and appropriate, taking into consideration costs already borne by the
1310 parents, parent, or legal guardian, including:
1311 (A) private attorney fees;
1312 (B) counseling for the [
1313 (C) counseling for the parent, if mandated by the court or recommended by the
1314 [
1315 (D) any other cost the court determines to be relevant.
1316 (ii) The court may not assess [
1317 against:
1318 (A) a legal guardian, when that guardian is the state; or
1319 (B) consistent with Subsection (6)(d), a parent who is found to be [
1320 indigent individual.
1321 (d) For purposes of Subsection (6)(c)(ii)(B), if [
1322 [
1323 (i) require [
1324 indigence as provided in Section 78A-2-302; and
1325 (ii) follow the procedures and make the determinations as provided in Section
1326 78A-2-304.
1327 (e) The [
1328 determination, under Subsection (6)(c), of fees, costs, and expenses.
1329 (7) An attorney guardian ad litem appointed under this section, when serving in the
1330 scope of the attorney [
1331 considered an employee of the state for purposes of indemnification under Title 63G, Chapter
1332 7, Governmental Immunity Act of Utah.
1333 (8) (a) An attorney guardian ad litem shall represent the best interest of a minor.
1334 (b) If the minor's wishes differ from the attorney's determination of the minor's best
1335 interest, the attorney guardian ad litem shall communicate the minor's wishes to the court in
1336 addition to presenting the attorney's determination of the minor's best interest.
1337 (c) A difference between the minor's wishes and the attorney's determination of best
1338 interest may not be considered a conflict of interest for the attorney.
1339 (d) The guardian ad litem shall disclose the wishes of the [
1340 unless the minor:
1341 (i) instructs the guardian ad litem to not disclose the [
1342 (ii) has not expressed any wishes.
1343 (e) The court may appoint one attorney guardian ad litem to represent the best interests
1344 of more than one [
1345 (9) [
1346 access to all [
1347 issue and the minor's family.
1348 (10) (a) An attorney guardian ad litem shall conduct an independent investigation
1349 regarding the minor at issue, the minor's family, and what [
1350 the minor.
1351 (b) An attorney guardian ad litem may interview the minor's [
1352
1353 (i) rely exclusively on the conclusions and findings of the [
1354
1355 (ii) except as provided in Subsection (10)(c), conduct a visit with the client in
1356 conjunction with the visit of a [
1357 welfare worker.
1358 (c) (i) An attorney guardian ad litem may meet with a client during a team meeting,
1359 court hearing, or similar venue when a [
1360 child welfare worker is present for a purpose other than the attorney guardian ad litem's
1361 meeting with the client.
1362 (ii) A party and the party's counsel may attend a team meeting in accordance with the
1363 Utah Rules of Professional Conduct.
1364 (11) (a) An attorney guardian ad litem shall maintain current and accurate records
1365 regarding:
1366 (i) the number of times the attorney has had contact with each minor; and
1367 (ii) the actions the attorney has taken in representation of the minor's best interest.
1368 (b) In every hearing where the attorney guardian ad litem makes a recommendation
1369 regarding the best interest of the [
1370 litem to disclose the factors that form the basis of the recommendation.
1371 (12) (a) Except as provided in Subsection (12)(b), and notwithstanding Title 63G,
1372 Chapter 2, Government Records Access and Management Act, all records of an attorney
1373 guardian ad litem are confidential and may not be released or made public upon subpoena,
1374 search warrant, discovery proceedings, or otherwise. [
1375
1376 (b) Consistent with Subsection (12)(d), all records of an attorney guardian ad litem:
1377 (i) are subject to legislative subpoena, under Title 36, Chapter 14, Legislative
1378 Subpoena Powers; and
1379 (ii) shall be released to the Legislature.
1380 (c) (i) Except as provided in Subsection (12)(c)(ii), the Legislature shall maintain
1381 records released in accordance with Subsection (12)(b) [
1382 [
1383 (ii) Notwithstanding Subsection (12)(c)(i), the Office of the Legislative Auditor
1384 General may include summary data and nonidentifying information in [
1385 and reports to the Legislature.
1386 (d) (i) Subsection (12)(b) [
1387 Conduct, Rule 1.6, as provided by Rule 1.6(b)(4), because of:
1388 (A) the unique role of an attorney guardian ad litem described in Subsection (8); and
1389 (B) the state's role and responsibility[
1390
1391 (ii) A claim of attorney-client privilege does not bar access to the records of an attorney
1392 guardian ad litem by the Legislature, through legislative subpoena.
1393 Section 15. Section 78A-2-804, which is renumbered from Section 78A-6-903 is
1394 renumbered and amended to read:
1395 [
1396 -- Funding.
1397 (1) There is created [
1398 known as the Guardian Ad Litem Services Account, for the purpose of funding the [
1399
1400
1401 (2) The account shall be funded by the donation described in Subsection
1402 41-1a-422(1)(a)(i)(F).
1403 Section 16. Section 78A-6-101 is amended to read:
1404
1405 78A-6-101. Title.
1406 This chapter is known as [
1407 Section 17. Section 78A-6-101.5 is enacted to read:
1408 78A-6-101.5. Definitions.
1409 The terms defined in Section 80-1-102 apply to this chapter.
1410 Section 18. Section 78A-6-102 is amended to read:
1411 78A-6-102. Establishment of juvenile court -- Organization and status of court --
1412 Purpose.
1413 (1) There is established a juvenile court for the state [
1414 (2) (a) The juvenile court is a court of record. [
1415 (b) The juvenile court shall have a seal[
1416 (c) The juvenile court's judges, clerks, and referees have the power to administer oaths
1417 and affirmations.
1418 (d) The juvenile court has the authority to issue search warrants, subpoenas, or
1419 investigative subpoenas under Section 62A-4a-202.1, Chapter 4a, Adult Criminal Proceedings,
1420 and Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, Chapter 4, Termination
1421 and Restoration of Parental Rights, and Chapter 6, Juvenile Justice, for the same purposes and
1422 in the same manner as described in Title 77, Utah Code of Criminal Procedure, and the Utah
1423 Rules of Criminal Procedure, for the issuance of search warrants, subpoenas, or investigative
1424 subpoenas in other trial courts in the state.
1425 (3) The juvenile court is of equal status with the district courts of the state.
1426 (4) The juvenile court is established as a forum for the resolution of all matters
1427 properly brought before [
1428 statutory requirements of due process.
1429 (5) The purpose of the court under this chapter is to:
1430 (a) promote public safety and individual accountability by the imposition of
1431 appropriate sanctions on persons who have committed acts in violation of law;
1432 (b) order appropriate measures to promote guidance and control, preferably in the
1433 minor's own home, as an aid in the prevention of future unlawful conduct and the development
1434 of responsible citizenship;
1435 (c) where appropriate, order rehabilitation, reeducation, and treatment for persons who
1436 have committed acts bringing them within the court's jurisdiction;
1437 (d) adjudicate matters that relate to minors who are beyond parental or adult control
1438 and to establish appropriate authority over these minors by means of placement and control
1439 orders;
1440 (e) adjudicate matters that relate to abused, neglected, and dependent children and to
1441 provide care and protection for minors by placement, protection, and custody orders;
1442 (f) remove a minor from parental custody only where the minor's safety or welfare, or
1443 the public safety, may not otherwise be adequately safeguarded; and
1444 (g) consistent with the ends of justice, act in the best interests of the minor in all cases
1445 and preserve and strengthen family ties.
1446 Section 19. Section 78A-6-103 is amended to read:
1447 78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions --
1448 Findings -- Transfer of a case from another court.
1449 (1) Except as otherwise provided by Subsections 78A-5-102(9), 78A-5-102(10), and
1450 78A-7-106(2), the juvenile court has original jurisdiction over:
1451 (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
1452 state, or federal law, that was committed by a child; and
1453 (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
1454 state, or federal law, that was committed by an individual:
1455 (i) who is under 21 years old at the time of all court proceedings; and
1456 (ii) who was under 18 years old at the time the offense was committed.
1457 (2) The juvenile court has original jurisdiction over any proceeding concerning:
1458 (a) a child who is an abused child, neglected child, or dependent child[
1459
1460 (b) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, Child
1461 Protective Orders[
1462
1463 [
1464
1465 [
1466
1467
1468
1469 [
1470 (c) the appointment of a guardian of the individual or other guardian of a minor who
1471 comes within the court's jurisdiction under other provisions of this section;
1472 (d) the emancipation of a minor in accordance with [
1473 Chapter 7, Emancipation;
1474 (e) the termination of [
1475 with [
1476 Restoration of Parental Rights, including termination of residual parental rights and duties;
1477 (f) the treatment or commitment of a minor who has an intellectual disability;
1478 (g) the judicial consent to the marriage of a minor who is 16 or 17 years old [
1479
1480 30-1-9;
1481 [
1482
1483
1484
1485
1486
1487 (h) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
1488 (i) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
1489 (j) the treatment or commitment of a child with a mental illness [
1490
1491 (k) the commitment of a child to a secure drug or alcohol facility in accordance with
1492 Section 62A-15-301;
1493 (l) a minor found not competent to proceed in accordance with [
1494 Title 80, Chapter 6, Part 4, Competency;
1495 (m) de novo review of final agency actions resulting from an informal adjudicative
1496 proceeding as provided in Section 63G-4-402; [
1497 (n) adoptions conducted in accordance with the procedures described in Title 78B,
1498 Chapter 6, Part 1, Utah Adoption Act, [
1499 order terminating the rights of a parent and finds that adoption is in the best interest of the
1500 child[
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 [
1529
1530 [
1531
1532 [
1533
1534 [
1535
1536 [
1537
1538 [
1539 who is referred to the juvenile court by the Division of Juvenile Justice Services [
1540 despite earnest and persistent efforts by the Division of Juvenile Justice Services, the child has
1541 demonstrated that the child:
1542 [
1543 the extent that the child's behavior or condition endangers the child's own welfare or the
1544 welfare of others; or
1545 [
1546 [
1547
1548
1549 (p) a criminal information filed under Part 4a, Adult Criminal Proceedings, for an adult
1550 alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to comply
1551 with a promise to appear and bring a child to the juvenile court.
1552 (3) It is not necessary for a minor to be adjudicated for an offense or violation of the
1553 law under Section 80-6-701, for the juvenile court to exercise jurisdiction under Subsection
1554 (2)(q).
1555 [
1556 agencies or other persons.
1557 [
1558 arising under [
1559 Court.
1560 [
1561 unsubstantiated, or without merit, in accordance with Section [
1562 [
1563 to the juvenile court by another trial court in accordance with Subsection 78A-7-106(4) and
1564 Section [
1565 [
1566
1567
1568
1569 Section 20. Section 78A-6-103.5 is enacted to read:
1570 78A-6-103.5. Exclusive jurisdiction of the juvenile court.
1571 (1) Except as provided in Subsection (3), the juvenile court has exclusive jurisdiction
1572 over a felony, misdemeanor, infraction, or violation of an ordinance:
1573 (a) committed by a child and that arises from a single criminal episode containing an
1574 offense for which:
1575 (i) a citation, petition, indictment, or criminal information is filed; and
1576 (ii) the court has original jurisdiction; and
1577 (b) committed by an individual who is under 21 years old at the time of all court
1578 proceedings, but committed before the individual was 18 years old, and that arises from a
1579 single criminal episode containing an offense for which:
1580 (i) a citation, petition, indictment, or criminal information is filed; and
1581 (ii) the court has original jurisdiction.
1582 (2) For purposes of this section, the juvenile court has jurisdiction over the following
1583 offenses committed by an individual who is under 21 years old at the time of all court
1584 proceedings, but was under 18 years old at the time the offense was committed:
1585 (a) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
1586 (b) Section 73-18-12.
1587 (3) If a juvenile court transfers jurisdiction of an offense to the district court under
1588 Section 80-6-504, the exclusive jurisdiction of the juvenile court over that offense is
1589 terminated.
1590 (4) (a) As used in this Subsection (4):
1591 (i) "Qualifying offense" means an offense described in Sections 80-6-502 and
1592 80-6-503.
1593 (ii) "Separate offense" means any offense that is not a qualifying offense.
1594 (b) The juvenile court:
1595 (i) regains exclusive jurisdiction over any separate offense described in Subsection (1)
1596 if:
1597 (A) the individual who is alleged to have committed the separate offense is bound over
1598 to the district court for a qualifying offense under Section 80-6-504; and
1599 (B) the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal;
1600 and
1601 (ii) gains exclusive jurisdiction over any separate offense described in Subsection (1)
1602 if:
1603 (A) the individual who is alleged to have committed the separate offense is charged for
1604 a qualifying offense under Section 80-6-502 in the district court; and
1605 (B) the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal
1606 in the district court.
1607 Section 21. Section 78A-6-104 is repealed and reenacted to read:
1608 78A-6-104. Concurrent jurisdiction of the juvenile court -- Transfer of a
1609 protective order.
1610 (1) (a) The juvenile court has jurisdiction, concurrent with the district court:
1611 (i) to establish paternity, or to order testing for purposes of establishing paternity, for a
1612 child in accordance with Title 78B, Chapter 15, Utah Uniform Parentage Act, when a
1613 proceeding is initiated under Title 80, Chapter 3, Abuse, Neglect, and Dependency
1614 Proceedings, or Chapter 4, Termination and Restoration of Parental Rights, that involves the
1615 child;
1616 (ii) over a petition to modify a minor's birth certificate if the juvenile court has
1617 jurisdiction over the minor's case under Section 78A-6-103; and
1618 (iii) over questions of custody, support, and parent-time of a minor if the juvenile court
1619 has jurisdiction over the minor's case under Section 78A-6-103.
1620 (b) If the juvenile court obtains jurisdiction over a paternity action under Subsection
1621 (1)(a)(i), the juvenile court may:
1622 (i) retain jurisdiction over the paternity action until paternity of the child is adjudicated;
1623 or
1624 (ii) transfer jurisdiction over the paternity action to the district court.
1625 (2) (a) The juvenile court has jurisdiction, concurrent with the district court or the
1626 justice court otherwise having jurisdiction, over a criminal information filed under Part 4a,
1627 Adult Criminal Proceedings, for an adult alleged to have committed:
1628 (i) an offense under Section 32B-4-403, unlawful sale, offer for sale, or furnishing to
1629 minor;
1630 (ii) an offense under Section 53G-6-202, failure to comply with compulsory education
1631 requirements;
1632 (iii) an offense under Section 62A-4a-411, failure to report;
1633 (iv) a misdemeanor offense under Section 76-5-303, custodial interference;
1634 (v) an offense under Section 76-10-2301, contributing to the delinquency of a minor; or
1635 (vi) an offense under Section 80-5-601, harboring a runaway.
1636 (b) It is not necessary for a minor to be adjudicated for an offense or violation of the
1637 law under Section 80-6-701 for the juvenile court to exercise jurisdiction under Subsection
1638 (2)(a).
1639 (3) (a) When a support, custody, or parent-time award has been made by a district court
1640 in a divorce action or other proceeding, and the jurisdiction of the district court in the case is
1641 continuing, the juvenile court may acquire jurisdiction in a case involving the same child if the
1642 child comes within the jurisdiction of the juvenile court under Section 78A-6-103.
1643 (b) (i) The juvenile court may, by order, change the custody subject to Subsection
1644 30-3-10(6), support, parent-time, and visitation rights previously ordered in the district court as
1645 necessary to implement the order of the juvenile court for the safety and welfare of the child.
1646 (ii) An order by the juvenile court under Subsection (3)(b)(i) remains in effect so long
1647 as the juvenile court continues to exercise jurisdiction.
1648 (c) If a copy of the findings and order of the juvenile court under this Subsection (3)
1649 are filed with the district court, the findings and order of the juvenile court are binding on the
1650 parties to the divorce action as though entered in the district court.
1651 (4) This section does not deprive the district court of jurisdiction to:
1652 (a) appoint a guardian for a child;
1653 (b) determine the support, custody, and parent-time of a child upon writ of habeas
1654 corpus; or
1655 (c) determine a question of support, custody, and parent-time that is incidental to the
1656 determination of an action in the district court.
1657 (5) A juvenile court may transfer a petition for a protective order for a child to the
1658 district court if the juvenile court has entered an ex parte protective order and finds that:
1659 (a) the petitioner and the respondent are the natural parent, adoptive parent, or step
1660 parent of the child who is the object of the petition;
1661 (b) the district court has a petition pending or an order related to custody or parent-time
1662 entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 6, Cohabitant Abuse
1663 Protective Orders, or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the
1664 petitioner and the respondent are parties; and
1665 (c) the best interests of the child will be better served in the district court.
1666 Section 22. Section 78A-6-120 is amended to read:
1667 78A-6-120. Continuing jurisdiction of juvenile court -- Period of and termination
1668 of jurisdiction.
1669 (1) Except as provided in Subsection (2), if the [
1670
1671 juvenile court's jurisdiction over the minor's case continues until:
1672 (a) the minor is 21 years old; or
1673 (b) if the juvenile court extends jurisdiction over the minor's case [
1674
1675 (2) (a) The juvenile court's continuing jurisdiction under Subsection (1) terminates:
1676 (i) upon order of the court;
1677 (ii) upon [
1678 80-6-705 ; or
1679 [
1680
1681 [
1682 (b) The continuing jurisdiction of the juvenile court over a minor's case is not
1683 terminated:
1684 (i) by marriage; or
1685 (ii) when a minor commits an offense under municipal, state, or federal law that is
1686 under the jurisdiction of another court [
1687
1688 (c) Notwithstanding Subsection (2)(a)(ii), the juvenile court retains jurisdiction to
1689 make and enforce orders related to restitution until the Youth Parole Authority discharges the
1690 minor under Section 80-6-807.
1691 [
1692
1693
1694
1695
1696
1697 [
1698
1699
1700
1701 [
1702
1703 [
1704
1705 [
1706 [
1707
1708 Section 23. Section 78A-6-201 is amended to read:
1709 78A-6-201. Judges of juvenile court -- Appointments -- Terms.
1710 (1) (a) [
1711 initially to serve until the first general election held more than three years after [
1712
1713 (b) After the initial term described in Subsection (1)(a), the term of office of a [
1714
1715 January next following the date of election.
1716 (2) A juvenile court judge whose term expires may serve, upon request of the Judicial
1717 Council, until a successor is appointed and qualified.
1718 Section 24. Section 78A-6-202 is amended to read:
1719 78A-6-202. Sessions of juvenile court.
1720 (1) In each county, regular juvenile court sessions shall be held at a place designated by
1721 the judge or judges of the juvenile court district, with the approval of the board.
1722 (2) [
1723 judge of the juvenile court directs, except that a judge of the district may hold court in any
1724 county within the district at any time[
1725 Section 25. Section 78A-6-203 is amended to read:
1726 78A-6-203. Board of Juvenile Court Judges -- Composition -- Purpose - Presiding
1727 judge.
1728 (1) (a) The Judicial Council shall, by rule, establish a Board of Juvenile Court Judges.
1729 (b) The board shall establish general policies for the operation of the juvenile courts
1730 and uniform rules and forms governing practice, consistent with the provisions of this chapter,
1731 the rules of the Judicial Council, and the rules of the Supreme Court.
1732 (c) (i) The board may receive and expend any funds that may become available from
1733 the federal government or private sources to carry out any of the purposes [
1734 described in Section 78A-6-102(5) .
1735 [
1736 receiving the funds.
1737 [
1738 training personnel employed, or preparing for employment, by the juvenile court and may
1739 receive and expend funds from federal or state sources or from private donations for these
1740 purposes.
1741 [
1742 purpose of compensatory service programs [
1743 [
1744 (A) contract with public or nonprofit institutions of higher learning for the training of
1745 personnel;
1746 (B) conduct short-term training courses of [
1747 temporary basis for this purpose; and
1748 (C) cooperate with the Division of Child and Family Services and other state
1749 departments or agencies in personnel training programs.
1750 (d) The board may contract, on behalf of the juvenile court, with the United States
1751 Forest Service or other agencies or departments of the federal government or with agencies or
1752 departments of other states for the care and placement of minors adjudicated under [
1753
1754 (e) The powers to contract and expend funds are subject to budgetary control and
1755 procedures as provided by law.
1756 (2) Under the direction of the presiding officer of the council, the chair shall supervise
1757 the juvenile courts to:
1758 (a) ensure uniform adherence to law and to the rules and forms adopted by the Supreme
1759 Court and Judicial Council[
1760 (b) promote the proper and efficient functioning of the juvenile courts.
1761 (3) (a) The judges of districts having more than one juvenile court judge shall elect a
1762 presiding juvenile court judge.
1763 (b) In districts comprised of five or more juvenile court judges and court
1764 commissioners, the presiding juvenile court judge shall receive an additional $1,000 per annum
1765 as compensation.
1766 [
1767 (4) The presiding juvenile court judge, in accordance with the policies of the Judicial
1768 Council, shall:
1769 (a) implement policies of the Judicial Council;
1770 (b) exercise powers and perform administrative duties as authorized by the Judicial
1771 Council;
1772 (c) manage the judicial business of the district; and
1773 (d) call and preside over meetings of juvenile court judges of the district.
1774 Section 26. Section 78A-6-204 is amended to read:
1775 78A-6-204. Administrator of the juvenile court -- Appointment -- Qualifications
1776 -- Powers and duties.
1777 (1) With the approval of the board, the state court administrator shall appoint a chief
1778 administrative officer of the juvenile court.
1779 (2) The chief administrative officer shall:
1780 (a) be selected on the basis of professional ability and experience in the field of public
1781 administration [
1782 (b) possess an understanding of court procedures[
1783 significance of probation services and other court services.
1784 Section 27. Section 78A-6-205 is amended to read:
1785 78A-6-205. District court executives -- Selection -- Duties.
1786 (1) (a) The chief administrative officer of the juvenile court, with the approval of the
1787 juvenile court judge of each district or the presiding juvenile court judge of multiple judge
1788 districts, shall appoint a court executive for each district.
1789 (b) [
1790 the pleasure of the chief administrative officer.
1791 (2) The court executive shall:
1792 (a) appoint a clerk of the court, [
1793
1794 carry out the work of the court;
1795 (b) supervise the work of all nonjudicial court staff of the district; and
1796 (c) serve as administrative officer of the district.
1797 (3) (a) The clerk shall keep a record of court proceedings [
1798 (b) The clerk may issue all process and [
1799 Section 28. Section 78A-6-206 is amended to read:
1800 78A-6-206. Juvenile court employees -- Salaries -- State courts personnel system
1801 -- Exemptions and discharge.
1802 (1) All employees, except juvenile court judges and commissioners, shall be selected,
1803 promoted, and discharged through the state courts personnel system for the juvenile court[
1804 under the direction and rules of the [
1805 Council.
1806 (2) (a) An employee under the state courts personnel system may not be discharged
1807 except for cause and after a hearing before the appointing authority[
1808 provided by the state courts personnel system.
1809 (b) An employee may be suspended pending the hearing and appeal under Subsection
1810 (2)(a).
1811 Section 29. Section 78A-6-207 is amended to read:
1812 78A-6-207. Volunteers.
1813 (1) The [
1814 [
1815
1816
1817 (2) A volunteer of record under Subsection (1) is:
1818 (a) considered a volunteer to the juvenile court; and
1819 (b) a volunteer under Title 67, Chapter 20, Volunteer Government Workers Act.
1820 Section 30. Section 78A-6-208 is amended to read:
1821 78A-6-208. Mental health evaluations -- Duty of administrator.
1822 (1) The [
1823 approval of the board, and the executive director of the Department of Health, and director of
1824 the Division of Substance Abuse and Mental Health shall from time to time agree upon an
1825 appropriate plan:
1826 (a) for obtaining mental health services and health services for the juvenile court from
1827 the state and local health departments and programs of mental health; and
1828 (b) for assistance by the Department of Health [
1829 Abuse and Mental Health in securing for the juvenile court special health, mental health,
1830 juvenile competency evaluations, and related services including community mental health
1831 services not already available from the Department of Health and the Division of Substance
1832 Abuse and Mental Health.
1833 (2) The Legislature may provide an appropriation to the Department of Health and the
1834 Division of Substance Abuse and Mental Health for [
1835 Subsection (1).
1836 Section 31. Section 78A-6-209 is amended to read:
1837 78A-6-209. Court records -- Inspection.
1838 (1) The juvenile court and the juvenile court's probation department shall keep records
1839 as required by the board and the presiding judge.
1840 (2) [
1841 (a) the parents or guardian of a child, a minor who is at least 18 years [
1842 other parties in the case, the attorneys, and agencies to which custody of a minor has been
1843 transferred;
1844 (b) for information relating to adult offenders alleged to have committed a sexual
1845 offense, a felony or class A misdemeanor drug offense, or an offense against the person under
1846 Title 76, Chapter 5, Offenses Against the Person, the State Board of Education for the purpose
1847 of evaluating whether an individual should be permitted to obtain or retain a license as an
1848 educator or serve as an employee or volunteer in a school, with the understanding that the State
1849 Board of Education must provide the individual with an opportunity to respond to any
1850 information gathered from [
1851 [
1852 (c) the Criminal Investigations and Technical Services Division, established in Section
1853 53-10-103, for the purpose of a criminal history background check for the purchase of a firearm
1854 and establishing good character for issuance of a concealed firearm permit as provided in
1855 Section 53-5-704;
1856 (d) the Division of Child and Family Services for the purpose of Child Protective
1857 Services Investigations in accordance with Sections 62A-4a-403 and 62A-4a-409 and
1858 administrative hearings in accordance with Section 62A-4a-1009;
1859 (e) the Office of Licensing for the purpose of conducting a background check in
1860 accordance with Section 62A-2-120;
1861 (f) for information related to a [
1862 offense, a felony, or an offense that if committed by an adult would be a misdemeanor, the
1863 Department of Health for the purpose of evaluating under the provisions of Subsection
1864 26-39-404(3) whether a licensee should be permitted to obtain or retain a license to provide
1865 child care, with the understanding that the department must provide the individual who
1866 committed the offense with an opportunity to respond to any information gathered from [
1867 the Department of Health's inspection of records before [
1868 decision concerning licensure;
1869 (g) for information related to a [
1870 offense, a felony, or an offense that if committed by an adult would be a misdemeanor, the
1871 Department of Health to determine whether an individual meets the background screening
1872 requirements of Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access, with the
1873 understanding that the department must provide the individual who committed the offense an
1874 opportunity to respond to any information gathered from [
1875 inspection of records before [
1876 (h) for information related to a [
1877 offense, a felony, or an offense that if committed by an adult would be a misdemeanor, the
1878 Department of Health to determine whether to grant, deny, or revoke background clearance
1879 under Section 26-8a-310 for an individual who is seeking or who has obtained an emergency
1880 medical service personnel license under Section 26-8a-302, with the understanding that the
1881 [
1882 opportunity to respond to any information gathered from the [
1883 Health's inspection of records before [
1884 (3) With the consent of the [
1885 inspected by the child, by persons having a legitimate interest in the proceedings, and by
1886 persons conducting pertinent research studies.
1887 (4) If a petition is filed charging a minor who is 14 years [
1888 offense that would be a felony if committed by an adult, the juvenile court shall make available
1889 to any person upon request the petition, any adjudication or disposition orders, and the
1890 delinquency history summary of the minor charged unless the records are closed by the juvenile
1891 court upon findings on the record for good cause.
1892 (5) [
1893 clinical studies are not open to inspection, except by consent of the juvenile court, given under
1894 rules adopted by the board.
1895 [
1896
1897
1898 [
1899
1900 [
1901 with retrieving a requested record that has been archived.
1902 Section 32. Section 78A-6-210 is amended to read:
1903 78A-6-210. Fines -- Fees -- Deposit with state treasurer -- Restricted account.
1904 (1) There is created [
1905 known as the "Nonjudicial Adjustment Account."
1906 (2) (a) The account shall be funded from the financial penalty established under
1907 Subsection [
1908 (b) The court shall deposit all money collected as a result of penalties assessed as part
1909 of the nonjudicial adjustment of a case [
1910 (c) The account shall be used to pay the expenses of juvenile compensatory service,
1911 victim restitution, and diversion programs.
1912 (3) (a) Except under Subsection (3)(b) or (4) and as otherwise provided by law, the
1913 juvenile court shall pay all fines, fees, penalties, and forfeitures imposed and collected by the
1914 juvenile court [
1915 (b) [
1916 rehabilitative employment program for [
1917 80-6-701 that provides for employment of the minor in the county of the minor's residence if:
1918 (i) reimbursement for the minor's labor is paid to the victim of the [
1919
1920 (ii) the amount earned and paid is set by court order;
1921 (iii) the minor is not paid more than the hourly minimum wage; and
1922 (iv) no payments to victims are made without the minor's involvement in a
1923 rehabilitative work program.
1924 (c) Fines withheld under Subsection (3)(b) and any private contributions to the
1925 rehabilitative employment program are accounted for separately and are subject to audit at any
1926 time by the state auditor.
1927 (d) (i) Funds withheld under Subsection (3)(b) and private contributions are
1928 nonlapsing.
1929 (ii) The [
1930 the funds described in this [
1931 (4) For fines and forfeitures collected by the court for a violation of Section
1932 41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic
1933 enforcement safety device as described in Section 41-6a-1310, the court shall allocate 20% to
1934 the school district or private school that owns or contracts for the use of the bus, and the state
1935 treasurer shall allocate 80% to the General Fund.
1936 (5) [
1937 officer may not charge a fee for the service of process in any proceedings initiated by a public
1938 agency.
1939 Section 33. Section 78A-6-211 is amended to read:
1940 78A-6-211. Courtrooms -- Physical facilities.
1941 (1) Suitable courtrooms and office space in each county shall be provided or made
1942 available to the juvenile court by the county for the hearing of cases, except in counties where
1943 the state has provided courtrooms and offices as needed.
1944 (2) Equipment and supplies for the use of the judges, officers, and employees of the
1945 juvenile court and the cost of maintaining the juvenile courts shall be paid from the General
1946 Fund or other funds for those purposes.
1947 Section 34. Section 78A-6-212, which is renumbered from Section 62A-7-105.5 is
1948 renumbered and amended to read:
1949 [
1950 Justice Services.
1951 (1) [
1952 complete cooperation to the [
1953 [
1954 [
1955 Juvenile Justice Services.
1956 (2) Information under Subsection (1) [
1957 criminal history, social history, psychological evaluations, and identifying information
1958 specified by the [
1959 Section 35. Section 78A-6-350, which is renumbered from Section 78A-6-110 is
1960 renumbered and amended to read:
1961
1962 [
1963 merits.
1964 (1) [
1965 of Trial -- Venue, a proceeding for a minor's case in the juvenile court shall be commenced in
1966 the court of the district in which [
1967
1968 [
1969
1970
1971
1972 [
1973
1974
1975
1976 (a) for a proceeding under Title 80, Chapter 6, Juvenile Justice:
1977 (i) the minor is living or found; or
1978 (ii) the alleged offense occurred; or
1979 (b) for all other proceedings, the minor is living or found.
1980 (2) If a party seeks to transfer a case to another district after a petition has been filed in
1981 the juvenile court, the juvenile court may transfer the case in accordance with the Utah Rules of
1982 Juvenile Procedure.
1983 [
1984 prejudice and where there has been no adjudication upon the merits [
1985 refiling within the same district or another district where there is venue [
1986 Section 36. Section 78A-6-351, which is renumbered from Section 78A-6-109 is
1987 renumbered and amended to read:
1988 [
1989 contents -- Notice to absent parent or guardian -- Emergency medical or surgical
1990 treatment -- Compulsory process for attendance of witnesses when authorized.
1991 (1) (a) After a petition is filed [
1992 promptly issue a summons, unless the [
1993 is needed. [
1994 (b) A summons is not required for a person who:
1995 (i) appears voluntarily; or [
1996 (ii) files a written waiver of service with the clerk of the court at or before the hearing.
1997 (2) [
1998 (a) the name of the court;
1999 (b) the title of the proceedings; and
2000 (c) except for a published summons, a brief statement of the substance of the
2001 allegations in the petition.
2002 (3) A published summons shall state:
2003 (a) that a proceeding concerning the minor is pending in the court; and
2004 (b) an adjudication will be made.
2005 (4) (a) The summons shall require [
2006 (i) a minor to appear personally in the juvenile court at a time and place stated; or
2007 (ii) if a person who has physical custody of the minor, for the person to:
2008 (A) appear personally; and
2009 (B) bring the minor before the court at a time and place stated. [
2010
2011 (b) If the minor is a child and a person summoned is not the parent or guardian of the
2012 minor, [
2013 shall issue the summons to the minor's parent or guardian, as the case may be, notifying [
2014 the parent or guardian of the pendency of the case and of the time and place set for the hearing.
2015 (5) [
2016 person whose presence the juvenile court finds necessary.
2017 (6) If it appears to the juvenile court that the welfare of the minor or of the public
2018 requires that the minor be taken into temporary custody under Section 80-6-201 or protective
2019 custody under Section 62A-4a-202.1, and it does not conflict with Section [
2020 80-6-202, the court may by endorsement upon the summons direct that the person serving the
2021 summons take the minor into custody at once.
2022 (7) (a) [
2023 or more reputable physicians, the juvenile court may order emergency medical or surgical
2024 treatment that is immediately necessary for a minor [
2025 filed pending the service of summons upon the minor's [
2026 (b) If the juvenile court orders emergency medical or surgical treatment:
2027 (i) if a petition for delinquency has been filed under Section 80-6-305, Subsection
2028 80-6-706(4) shall apply to the juvenile court's decision to order treatment;
2029 (ii) if a petition has been filed under Section 80-3-201, Subsection 80-3-109(3) shall
2030 apply to the juvenile court's decision to order treatment; or
2031 (iii) if a petition has been filed under Section 80-4-201, Subsection 80-4-108(4) shall
2032 apply to the juvenile court's decision to order treatment.
2033 (8) (a) A minor is entitled to the issuance of compulsory process for the attendance of
2034 witnesses on the minor's own behalf.
2035 [
2036 for the attendance of witnesses on the parent's or guardian's own behalf or on behalf of the
2037 minor.
2038 (c) A guardian ad litem or a juvenile probation officer is entitled to compulsory process
2039 for the attendance of witnesses on behalf of the minor.
2040 (9) Service of summons and process and proof of service shall be made in the manner
2041 provided in the Utah Rules of [
2042 (10) (a) Service of summons or process shall be made by the sheriff of the county
2043 where the service is to be made, or by the sheriff's deputy.
2044 (b) Notwithstanding Subsection (10)(a), upon request of the juvenile court, service
2045 shall be made by any other peace officer[
2046 (11) Service of summons in the state shall be made personally, by delivering a copy to
2047 the person summoned[
2048 living together at [
2049 delivery [
2050 the summons for each parent.
2051 (12) (a) If the [
2052 court has reason to believe that personal service of the summons will be unsuccessful, or will
2053 not accomplish notification within a reasonable time after issuance of the summons, the [
2054 juvenile court may order service by registered mail, with a return receipt to be signed by the
2055 addressee only, to be addressed to the last-known address of the person to be served in the
2056 state.
2057 (b) Service [
2058 receipt.
2059 (13) (a) If the [
2060 under Subsection (4) cannot be found within the state, the fact of [
2061 presence within the state shall confer jurisdiction on the juvenile court in proceedings in a
2062 [
2063
2064 [
2065 sending the parent or guardian a copy of the summons by registered mail with a return receipt
2066 to be signed by the addressee only, or by personal service outside the state, as provided in the
2067 Utah Rules of [
2068
2069 [
2070 cannot after diligent inquiry be ascertained, due notice is given by publishing a summons:
2071 (A) in a newspaper having general circulation in the county in which the proceeding is
2072 pending once a week for four successive weeks; and
2073 (B) in accordance with Section 45-1-101 for four weeks.
2074 [
2075 (b) (i) If service is by registered mail under Subsection (13)(a)(i), service is complete
2076 upon return to the juvenile court of the signed receipt.
2077 (ii) If service is by publication under Subsection (13)(a)(ii), service is complete on the
2078 day of the last publication.
2079 (c) Service of summons as provided in this [
2080 court with jurisdiction over the parent or guardian served in the same manner and to the same
2081 extent as if the person served was served personally within the state.
2082 (14) (a) In the case of service in the state, service completed not less than 48 hours
2083 before the time set in the summons for the appearance of the person served, shall be sufficient
2084 to confer jurisdiction.
2085 (b) In the case of service outside the state, service completed not less than five days
2086 before the time set in the summons for appearance of the person served, shall be sufficient to
2087 confer jurisdiction.
2088 (15) Computation of periods of time under this chapter and Title 80, Utah Juvenile
2089 Code, shall be made in accordance with [
2090 Section 37. Section 78A-6-352, which is renumbered from Section 78A-6-111 is
2091 renumbered and amended to read:
2092 [
2093 to appear with minor or child -- Failure to appear -- Warrant of arrest, when authorized
2094 -- Parent's, guardian's, or custodian's employer to grant time off -- Appointment of
2095 attorney guardian ad litem.
2096 [
2097
2098
2099 [
2100
2101
2102 (1) If a person is required to appear in a proceeding in the juvenile court and the person
2103 fails, without reasonable cause, to appear before the juvenile court, the juvenile court may issue
2104 a bench warrant to produce the person in court.
2105 (2) If a child is required to appear in juvenile court, the child's parent, guardian, or
2106 custodian shall appear with the child in the juvenile court, unless the child's parent, guardian, or
2107 custodian is excused by the juvenile court.
2108 (3) (a) [
2109 from the parent's, guardian's, or custodian's employer to leave the workplace for the purpose of
2110 attending court if the [
2111 juvenile court that the [
2112 (b) An employer must grant the parent, guardian, or custodian permission to leave the
2113 workplace with or without pay if the [
2114 requests permission at least seven days in advance or within 24 hours of the [
2115 guardian, or custodian receiving notice of the hearing.
2116 [
2117 released, signed a written promise to appear and bring the child to juvenile court under Section
2118 [
2119 court on the date set in the promise[
2120 juvenile court, a warrant may be issued for the apprehension of [
2121 guardian, custodian, or other person.
2122 [
2123 (4)(a) is a class B misdemeanor if, at the time of the execution of the promise, the promisor is
2124 given a copy of the promise [
2125 child appear as promised is a class B misdemeanor. [
2126
2127 [
2128
2129
2130
2131
2132
2133 (5) (a) A juvenile court shall make every effort to ensure the presence of the parent,
2134 guardian, or custodian of a child at all hearings through the use of a warrant of arrest, if
2135 necessary, or by other means.
2136 (b) A juvenile court may appoint a guardian ad litem whenever necessary for the
2137 welfare of a child, regardless of whether the child's parent or guardian is present at the juvenile
2138 court proceedings.
2139 (6) A [
2140 [
2141 (a) a summons is issued but cannot be served;
2142 (b) [
2143 served will not obey the summons; or
2144 (c) serving the summons will be ineffectual.
2145 Section 38. Section 78A-6-353, which is renumbered from Section 78A-6-1101 is
2146 renumbered and amended to read:
2147 [
2148 or restitution.
2149 (1) [
2150 juvenile court may be proceeded against for contempt of court.
2151 [
2152
2153 [
2154
2155
2156
2157
2158
2159 (2) If a juvenile court finds an individual who is 18 years old or older in contempt of
2160 court, the juvenile court may impose sanctions on the individual in accordance with Title 78B,
2161 Chapter 6, Part 3, Contempt.
2162 (3) (a) Except as otherwise provided in this Subsection (3), if a juvenile court finds a
2163 child in contempt of court, the juvenile court may:
2164 (i) place the child on probation in accordance with Section 80-6-702;
2165 (ii) order the child to detention, or an alternative to detention, in accordance with
2166 Section 80-6-704; or
2167 (iii) require the child to pay a fine or fee in accordance with Section 80-6-709.
2168 (b) The juvenile court may only order a child to secure detention under Subsection
2169 (3)(a)(ii) for no longer than 72 hours, excluding weekends and legal holidays.
2170 [
2171 to secure detention upon compliance with conditions imposed by the juvenile court.
2172 [
2173
2174
2175
2176 (d) The juvenile court may not enforce a disposition under Subsection (3)(a)(iii)
2177 through an order for detention, a community-based program, or secure care.
2178 (4) On the sole basis of a child's absence from placement, a juvenile court may not hold
2179 a child in contempt under this section if the child:
2180 (a) is in the legal custody of the Division of Child and Family Services; and
2181 (b) is missing, has been abducted, or has run away.
2182 Section 39. Section 78A-6-354, which is renumbered from Section 78A-6-114 is
2183 renumbered and amended to read:
2184 [
2185 adult cases -- Minor or parents or custodian heard separately -- Continuance of hearing.
2186 (1) [
2187 juvenile court without a jury and may be conducted in an informal manner.
2188 [
2189
2190
2191 [
2192 [
2193 [
2194 [
2195
2196 [
2197
2198
2199 [
2200
2201
2202 [
2203
2204 [
2205
2206
2207 [
2208
2209
2210
2211
2212
2213
2214 [
2215
2216 [
2217 [
2218 [
2219 (2) (a) [
2220 Dependency Proceedings, Chapter 4, Termination and Restoration of Parental Rights, and
2221 Chapter 6, Juvenile Justice, shall be heard separately from [
2222 (b) The minor or the [
2223 be heard separately when considered necessary by the juvenile court.
2224 (c) [
2225 order.
2226 [
2227
2228
2229
2230 Section 40. Section 78A-6-355, which is renumbered from Section 78A-6-1112 is
2231 renumbered and amended to read:
2232 [
2233 institution having legal custody.
2234 (1) [
2235 juvenile court shall transmit, with the court order, copies of the social study, any clinical
2236 reports, and other information pertinent to the care and treatment of the minor to the institution
2237 or agency with legal custody of the minor.
2238 (2) The institution or agency shall give the juvenile court any information concerning
2239 the minor that the juvenile court may at any time require.
2240 [
2241
2242
2243 Section 41. Section 78A-6-356, which is renumbered from Section 78A-6-1106 is
2244 renumbered and amended to read:
2245 [
2246 is vested in an individual or institution.
2247 (1) As used in this section:
2248 (a) "Office" means the Office of Recovery Services.
2249 (b) "State custody" means that a child is in the custody of a state department, division,
2250 or agency, including [
2251 (2) Under this section, a juvenile court may not issue a child support order against an
2252 individual unless:
2253 (a) the individual is served with notice that specifies the date and time of a hearing to
2254 determine the financial support of a specified child;
2255 (b) the individual makes a voluntary appearance; or
2256 (c) the individual submits a waiver of service.
2257 (3) Except as provided in Subsection (11), when a juvenile court places a child in state
2258 custody or if the guardianship of the child has been granted to another party and an agreement
2259 for a guardianship subsidy has been signed by the guardian, the juvenile court:
2260 (a) shall order [
2261 guardian, or other obligated individual to pay child support for each month the child is in state
2262 custody or cared for under a grant of guardianship; [
2263 (b) shall inform [
2264 guardian, or other obligated individual, verbally and in writing, of the requirement to pay child
2265 support in accordance with Title 78B, Chapter 12, Utah Child Support Act; and
2266 (c) may refer the establishment of a child support order to the office.
2267 (4) When a juvenile court chooses to refer a case to the office to determine support
2268 obligation amounts in accordance with Title 78B, Chapter 12, Utah Child Support Act, the
2269 juvenile court shall:
2270 (a) make the referral within three working days after the day on which the juvenile
2271 court holds the hearing described in Subsection (2)(a); and
2272 (b) inform [
2273 guardian, or other obligated individual of:
2274 (i) the requirement to contact the office within 30 days after the day on which the
2275 juvenile court holds the hearing described in Subsection (2)(a); and
2276 (ii) the penalty described in Subsection (6) for failure to contact the office.
2277 (5) Liability for child support ordered under Subsection (3) shall accrue:
2278 (a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which
2279 the juvenile court holds the hearing described in Subsection (2)(a)[
2280 child support order for the child; or
2281 (b) beginning on the day the child is removed from the child's home, including time
2282 spent in detention or sheltered care, if the child is removed after having been returned to the
2283 child's home from state custody.
2284 (6) (a) If the [
2285 or other obligated individual contacts the office within 30 days after the day on which the court
2286 holds the hearing described in Subsection (2)(a), the child support order may not include a
2287 judgment for past due support for more than two months.
2288 (b) Notwithstanding Subsections (5) and (6)(a), the juvenile court may order the
2289 liability of support to begin to accrue from the date of the proceeding referenced in Subsection
2290 (3) if:
2291 (i) the court informs [
2292 parent, guardian, or other obligated individual, as described in Subsection (4)(b), and the
2293 [
2294 fails to contact the office within 30 days after the day on which the court holds the hearing
2295 described in Subsection (2)(a); and
2296 (ii) the office took reasonable steps under the circumstances to contact [
2297
2298 within 30 days after the last day on which [
2299 the parent, guardian, or other obligated individual was required to contact the office to facilitate
2300 the establishment of a child support order.
2301 (c) For purposes of Subsection (6)(b)(ii), the office is presumed to have taken
2302 reasonable steps if the office:
2303 (i) has a signed, returned receipt for a certified letter mailed to the address of the
2304 [
2305 individual regarding the requirement that a child support order be established; or
2306 (ii) has had a documented conversation, whether by telephone or in person, with the
2307 [
2308 individual regarding the requirement that a child support order be established.
2309 (7) In collecting arrears, the office shall comply with Section 62A-11-320 in setting a
2310 payment schedule or demanding payment in full.
2311 (8) (a) Unless a court orders otherwise, the [
2312
2313 the office.
2314 (b) The clerk of the juvenile court, the office, or the Department of Human Services
2315 and [
2316 care and maintenance of the child, such as [
2317 railroad retirement payments made in the name of or for the benefit of the child.
2318 (9) An existing child support order payable to a parent or other individual shall be
2319 assigned to the Department of Human Services as provided in Section 62A-1-117.
2320 (10) (a) Subsections (4) through (9) do not apply if legal custody of a child is vested by
2321 the juvenile court in an individual.
2322 (b) (i) If legal custody of a child is vested by the juvenile court in an individual, the
2323 court may order the [
2324 other obligated individual to pay child support to the individual in whom custody is vested.
2325 (ii) In the same proceeding, the juvenile court shall inform the [
2326
2327 in writing, of the requirement to pay child support in accordance with Title 78B, Chapter 12,
2328 Utah Child Support Act.
2329 (11) The juvenile court may not order an individual to pay child support for a child in
2330 state custody if:
2331 (a) the individual's only form of income is a government-issued disability benefit;
2332 (b) the benefit described in Subsection (11)(a) is issued because of the individual's
2333 disability, and not the child's disability; and
2334 (c) the individual provides the juvenile court and the office evidence that the individual
2335 meets the requirements of Subsections (11)(a) and (b).
2336 (12) After the juvenile court or the office establishes an individual's child support
2337 obligation ordered under Subsection (3), the office shall waive the obligation without further
2338 order of the juvenile court if:
2339 (a) the individual's child support obligation is established under Subsection
2340 78B-12-205(6) or Section 78B-12-302; or
2341 (b) the individual's only source of income is a means-tested, income replacement
2342 payment of aid, including:
2343 (i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
2344 Program; or
2345 (ii) cash benefits received under General Assistance, social security income, or social
2346 security disability income.
2347 Section 42. Section 78A-6-357 is enacted to read:
2348 78A-6-357. New hearings -- Modification of order or decree -- Requirements for
2349 changing or terminating custody, probation, or protective supervision.
2350 (1) If a party seeks a new hearing after an adjudication under Title 80, Utah Juvenile
2351 Code, Utah Rules of Juvenile Procedure, Rule 48, shall govern the matter of granting a new
2352 hearing.
2353 (2) (a) Except as provided in Subsection (3), a juvenile court may modify or set aside
2354 any order or decree made by the juvenile court.
2355 (b) A modification of an order placing a minor on probation may not:
2356 (i) include an order under Section 80-3-405, 80-6-703, 80-6-704, or 80-6-705; or
2357 (ii) extend supervision over a minor, except in accordance with Section 80-6-712.
2358 (3) (a) A parent or guardian of a child whose legal custody has been transferred by the
2359 juvenile court to an individual, agency, or institution may petition the juvenile court for
2360 restoration of custody or other modification or revocation of the juvenile court's order or
2361 decree, except as provided in Subsections (3)(b), (c), and (d) and for a transfer of legal custody
2362 for secure care.
2363 (b) A parent or guardian may only petition the juvenile court under Subsection (3)(a)
2364 on the ground that a change of circumstances has occurred that requires modification or
2365 revocation in the best interest of the child or the public.
2366 (c) A parent may not file a petition after the parent's parental rights have been
2367 terminated in accordance with Title 80, Chapter 4, Termination and Restoration of Parental
2368 Rights.
2369 (d) A parent may not file a petition for restoration of custody under this section during
2370 the existence of a permanent guardianship established for the child under Subsection
2371 80-3-405(2)(d).
2372 (4) (a) An individual, agency, or institution vested with legal custody of a child may
2373 petition the juvenile court for a modification of the custody order on the ground that the change
2374 is necessary for the welfare of the child or in the public interest.
2375 (b) The juvenile court shall proceed upon the petition in accordance with this section.
2376 (5) Notice of hearing is required in any case in which the effect of modifying or setting
2377 aside an order or decree may be to make any change in the minor's legal custody under Section
2378 80-3-405 or 80-6-703.
2379 (6) (a) Upon the filing of a petition under Subsection (3)(a), the juvenile court shall
2380 make a preliminary investigation.
2381 (b) After the preliminary investigation described in Subsection (6)(a), the juvenile
2382 court:
2383 (i) may dismiss the petition if the juvenile court finds the alleged change of
2384 circumstances, if proved, would not affect the decree; or
2385 (ii) shall conduct a hearing, if the juvenile court finds that further examination of the
2386 facts is needed, or if the juvenile court on the juvenile court's own motion determines that the
2387 juvenile court's order or decree should be reviewed.
2388 (c) Notice of the hearing described in Subsection (6)(b)(ii) shall be given to all
2389 interested persons.
2390 (d) At a hearing under Subsection (6)(b)(ii), the juvenile court may enter an order
2391 continuing, modifying, or terminating the juvenile court's order or decree.
2392 (7) Notice of an order terminating probation or protective supervision of a child shall
2393 be given to the child's:
2394 (a) parent;
2395 (b) guardian;
2396 (c) custodian; and
2397 (d) where appropriate, to the child.
2398 (8) Notice of an order terminating probation or protective supervision of a minor who
2399 is at least 18 years old shall be given to the minor.
2400 Section 43. Section 78A-6-358, which is renumbered from Section 78A-6-118 is
2401 renumbered and amended to read:
2402 [
2403 by a juvenile court.
2404 (1) A judgment, order, or decree of the juvenile court is no longer in effect after a
2405 minor is 21 years old, except:
2406 (a) for an order of commitment to the Utah State Developmental Center or to the
2407 custody of the Division of Substance Abuse and Mental Health;
2408 (b) for an adoption under Subsection 78A-6-103[
2409 (c) for an order permanently terminating the rights of a parent, guardian, or custodian
2410 under Title 80, Chapter 4, Termination and Restoration of Parental Rights;
2411 (d) for a permanent order of custody and guardianship under Subsection
2412 80-3-405(2)(d); [
2413 (e) an order establishing paternity under Subsection 78A-6-104(1)(a)(i); and
2414 [
2415 (2) If the juvenile court enters a judgment or order for a minor for whom the juvenile
2416 court has extended continuing jurisdiction over the minor's case until the minor is 25 years old
2417 under Section [
2418 effect after the minor is 25 years old.
2419 Section 44. Section 78A-6-359, which is renumbered from Section 78A-6-1109 is
2420 renumbered and amended to read:
2421 [
2422 (1) An appeal to the Court of Appeals may be taken from any order, decree, or
2423 judgment of the juvenile court.
2424 [
2425
2426
2427 (2) (a) An appeal of right from an order, decree, or judgment by a juvenile court related
2428 to a proceeding under Title 78B, Chapter 6, Part 1, Utah Adoption Act, Title 80, Chapter 3,
2429 Abuse, Neglect, and Dependency Proceedings, and Title 80, Chapter 4, Termination and
2430 Restoration of Parental Rights, shall be filed within 15 days after the day on which the juvenile
2431 court enters the order, decree, or judgment.
2432 (b) A notice of appeal must be signed by appellant's counsel, if any, and by appellant,
2433 unless the appellant is a child or state agency.
2434 (c) If an appellant fails to timely sign a notice of appeal, the appeal shall be dismissed.
2435 (3) [
2436 include the following information:
2437 (a) notice that the right to appeal described in Subsection (2)(a) is time sensitive and
2438 must be taken within 15 days [
2439 the order, decree, or judgment appealed from;
2440 (b) the right to appeal within the specified time limits;
2441 (c) the need for the signature of the parties on a notice of appeal in [
2442
2443
2444 (d) the need for parties to maintain regular contact with [
2445 to keep all other parties and the appellate court informed of [
2446 (4) If the parties are not present in the courtroom, the juvenile court shall [
2447
2448 the parties at [
2449 (5) (a) The juvenile court shall inform the parties' counsel at the conclusion of the
2450 proceedings that, if an appeal is filed, [
2451 the parties throughout the appellate process unless relieved of that obligation by the juvenile
2452 court upon a showing of extraordinary circumstances.
2453 (b) (i) Until the petition on appeal is filed, claims of ineffective assistance of counsel
2454 do not constitute extraordinary circumstances.
2455 (ii) If a claim is raised by trial counsel or a party, [
2456 petition on appeal.
2457 (6) During the pendency of an appeal [
2458
2459 shall maintain regular contact with [
2460 and the appellate court informed of [
2461 (7) (a) In all other appeals of right, the appeal shall be taken within 30 days [
2462
2463 juvenile court enters the order, decree, or judgment.
2464 (b) A notice of appeal under Subsection (7)(a) must be signed by appellant's counsel, if
2465 any, or by appellant.
2466 (8) The attorney general shall represent the state in all appeals under this chapter and
2467 Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, Chapter 4, Termination and
2468 Restoration of Parental Rights, and Chapter 6, Juvenile Justice.
2469 [
2470 an appeal does not stay the order or decree appealed from in a minor's case, unless otherwise
2471 ordered by the Court of Appeals, if suitable provision for the care and custody of the minor
2472 involved is made pending the appeal.
2473 [
2474 2, Government Records Access and Management Act.
2475 Section 45. Section 78A-6-450, which is renumbered from Section 78A-6-1001 is
2476 renumbered and amended to read:
2477
2478 [
2479 court.
2480 [
2481
2482
2483 A county attorney or district attorney may file a criminal information in the juvenile
2484 court charging an adult for:
2485 [
2486 Section 32B-4-403;
2487 [
2488
2489 [
2490 [
2491 [
2492 [
2493 [
2494 Section 53G-6-202[
2495 [
2496
2497 (7) a willful failure to perform a promise to appear under Subsection 78A-6-352(4)(b).
2498 Section 46. Section 78A-6-451, which is renumbered from Section 78A-6-1002 is
2499 renumbered and amended to read:
2500 [
2501 Transfer to district court.
2502 (1) The county attorney or district attorney, as provided in Title 17, Chapter 18a,
2503 Powers and Duties of County and District Attorney, shall prosecute any case brought under this
2504 part.
2505 (2) [
2506 and rules governing criminal proceedings in the district court, except the juvenile court may,
2507 [
2508 Section 47. Section 78A-6-452, which is renumbered from Section 78A-6-1003 is
2509 renumbered and amended to read:
2510 [
2511 [
2512
2513
2514 (1) Except as provided in Subsection (2), the state shall pay, when approved by the
2515 court, the cost of publication of a summons, the expense of a trial, and any other fee or expense
2516 of a trial of an adult under this part.
2517 (2) The county where the hearing or trial is held shall pay the prosecution costs and
2518 public defender costs.
2519 Section 48. Section 78B-6-105 is amended to read:
2520 78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction
2521 over nonresidents -- Time for filing.
2522 (1) [
2523 petition [
2524 (a) the district court in the district where the prospective adoptive parent resides;
2525 (b) if the prospective adoptive parent is not a resident of this state, the district court in
2526 the district where:
2527 (i) the adoptee was born;
2528 (ii) the adoptee resides on the day on which the petition is filed; or
2529 (iii) a parent of the proposed adoptee resides on the day on which the petition is filed;
2530 or
2531 (c) [
2532 78A-6-350.
2533 (2) All orders, decrees, agreements, and notices in [
2534 proceeding shall be filed with the clerk of the court where the adoption [
2535 proceeding is commenced under Subsection (1).
2536 (3) A petition for adoption:
2537 (a) may be filed before the birth of a child;
2538 (b) may be filed before or after the adoptee is placed in the home of the petitioner for
2539 the purpose of adoption; and
2540 (c) shall be filed no later than 30 days after the day on which the adoptee is placed in
2541 the home of the petitioners for the purpose of adoption, unless:
2542 (i) the time for filing has been extended by the court; or
2543 (ii) the adoption is arranged by a child-placing agency in which case the agency may
2544 extend the filing time.
2545 (4) (a) If a person whose consent for the adoption is required under Section 78B-6-120
2546 or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state
2547 shall confer jurisdiction on the court in proceedings under this chapter as to such absent person,
2548 provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
2549 (b) The notice may not include the name of:
2550 (i) a prospective adoptive parent; or
2551 (ii) an unmarried mother without her consent.
2552 (5) Service of notice [
2553 with jurisdiction over the person served in the same manner and to the same extent as if the
2554 person served was served personally within the state.
2555 (6) In the case of service outside the state, service completed not less than five days
2556 before the time set in the notice for appearance of the person served [
2557 confer jurisdiction.
2558 (7) Computation of periods of time not otherwise set forth in this section shall be made
2559 in accordance with the Utah Rules of Civil Procedure.
2560 Section 49. Section 78B-15-104 is amended to read:
2561 78B-15-104. Jurisdiction -- Authority of Office of Recovery Services -- Dismissal
2562 of petition.
2563 [
2564
2565
2566
2567
2568 [
2569
2570 (1) (a) Except as provided in Subsection 78A-6-104(1)(a)(i), the district court has
2571 original jurisdiction over any action brought under this chapter.
2572 (b) If the juvenile court has concurrent jurisdiction under Subsection
2573 78A-6-104(1)(a)(i) over a paternity action filed in the district court, the district court may
2574 transfer jurisdiction over the paternity action to the juvenile court.
2575 (2) The Office of Recovery Services is authorized to establish paternity in accordance
2576 with this chapter, Title 62A, Chapter 11, Recovery Services, and Title 63G, Chapter 4,
2577 Administrative Procedures Act.
2578 (3) [
2579 under this chapter by an unmarried biological father if he is not entitled to consent to the
2580 adoption of the child under Sections 78B-6-121 and 78B-6-122.
2581 Section 50. Section 80-1-101 is enacted to read:
2582
2583
2584 80-1-101. Title.
2585 (1) This title is known as the "Utah Juvenile Code."
2586 (2) This chapter is known as "General Provisions."
2587 Section 51. Section 80-1-102, which is renumbered from Section 78A-6-105 is
2588 renumbered and amended to read:
2589 [
2590 As used in this [
2591 (1) (a) "Abuse" means:
2592 (i) (A) nonaccidental harm of a child;
2593 (B) threatened harm of a child;
2594 (C) sexual exploitation;
2595 (D) sexual abuse; or
2596 (E) human trafficking of a child in violation of Section 76-5-308.5; or
2597 (ii) that a child's natural parent:
2598 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
2599 child;
2600 (B) is identified by a law enforcement agency as the primary suspect in an investigation
2601 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
2602 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
2603 recklessly causing the death of another parent of the child.
2604 (b) "Abuse" does not include:
2605 (i) reasonable discipline or management of a child, including withholding privileges;
2606 (ii) conduct described in Section 76-2-401; or
2607 (iii) the use of reasonable and necessary physical restraint or force on a child:
2608 (A) in self-defense;
2609 (B) in defense of others;
2610 (C) to protect the child; or
2611 (D) to remove a weapon in the possession of a child for any of the reasons described in
2612 Subsections (1)(b)(iii)(A) through (C).
2613 (2) "Abused child" means a child who has been subjected to abuse.
2614 (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
2615 facts alleged in the petition have been proved.
2616 (b) "Adjudication" does not mean a finding of not competent to proceed in accordance
2617 with Section [
2618 (4) (a) "Adult" means an individual who is 18 years old or older.
2619 (b) "Adult" does not include an individual:
2620 (i) who is 18 years old or older; and
2621 [
2622
2623 (ii) who is a minor.
2624 (5) "Attorney guardian ad litem" means the same as that term is defined in Section
2625 78A-2-801.
2626 [
2627 [
2628 (8) "Child and family plan" means a written agreement between a child's parents or
2629 guardian and the Division of Child and Family Services as described in Section 62A-4a-205.
2630 [
2631 (a) a private agency licensed to receive a child for placement or adoption under this
2632 code; or
2633 (b) a private agency that receives a child for placement or adoption in another state,
2634 which [
2635 [
2636 Section 58-37d-3.
2637 [
2638 (a) with respect to a child, to transfer legal custody; and
2639 (b) with respect to a minor who is at least 18 years old, to transfer custody.
2640 [
2641 (12) "Community-based program" means a nonsecure residential or nonresidential
2642 program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
2643 restrictive setting, consistent with public safety, and operated by or under contract with the
2644 Division of Juvenile Justice Services.
2645 (13) "Community placement" means placement of a minor in a community-based
2646 program described in Section 80-5-402.
2647 (14) "Correctional facility" means:
2648 (a) a county jail; or
2649 (b) a secure correctional facility as defined in Section 64-13-1.
2650 [
2651 associated with a minor's likelihood of reoffending.
2652 [
2653
2654 [
2655 62A-1-102.
2656 [
2657 homeless or without proper care through no fault of the child's parent, guardian, or custodian.
2658 [
2659 court from a parent [
2660 institution.
2661 [
2662
2663
2664 [
2665 [
2666 [
2667
2668
2669
2670 (19) "Detention" means home detention or secure detention.
2671 (20) "Detention risk assessment tool" means an evidence based tool established under
2672 Section 80-5-203 that:
2673 (a) assesses a minor's risk of failing to appear in court or reoffending before
2674 adjudication; and
2675 (b) is designed to assist in making a determination of whether a minor shall be held in
2676 detention.
2677 [
2678 more domains [
2679 (a) consult with counsel with a reasonable degree of rational understanding; and
2680 (b) have a rational as well as factual understanding of the proceedings.
2681 [
2682 (22) "Disposition" means an order by a juvenile court, after the adjudication of a
2683 minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
2684 [
2685 education violation under Section 53G-6-202, the parent or guardian fails to make a good faith
2686 effort to ensure that the child receives an appropriate education.
2687 [
2688 (a) obtained at a substance abuse program that is approved by the Division of
2689 Substance Abuse and Mental Health in accordance with Section 62A-15-105; and
2690 (b) designed to prevent substance use or the onset of a mental health disorder.
2691 (25) "Emancipated" means the same as that term is defined in Section 80-7-102.
2692 [
2693 randomized control studies or a meta-analysis demonstrating that the program or practice is
2694 effective for a specific population or has been rated as effective by a standardized program
2695 evaluation tool.
2696 [
2697 77-15-2.
2698 [
2699
2700 (a) supervised in the community by, and reports to, a juvenile probation officer or an
2701 agency designated by the juvenile court; and
2702 (b) subject to return to the juvenile court in accordance with Section [
2703
2704 [
2705
2706
2707 [
2708 of one or more individuals in the group, depending upon the recommendation of the therapist.
2709 [
2710 appointed by a court to make decisions regarding a minor, including the authority to consent to:
2711 (a) marriage;
2712 (b) enlistment in the armed forces;
2713 (c) major medical, surgical, or psychiatric treatment; or
2714 (d) legal custody, if legal custody is not vested in another individual, agency, or
2715 institution.
2716 [
2717 (31) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
2718 [
2719 (a) physical or developmental injury or damage;
2720 (b) emotional damage that results in a serious impairment in the child's growth,
2721 development, behavior, or psychological functioning;
2722 (c) sexual abuse; or
2723 (d) sexual exploitation.
2724 (33) "Home detention" means placement of a minor:
2725 (a) if prior to a disposition, in the minor's home, or in a surrogate home with the
2726 consent of the minor's parent, guardian, or custodian, under terms and conditions established by
2727 the Division of Juvenile Justice Services or the juvenile court; or
2728 (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
2729 minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
2730 custodian, under terms and conditions established by the Division of Juvenile Justice Services
2731 or the juvenile court.
2732 [
2733 the perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
2734 nephew, niece, or first cousin.
2735 [
2736 (b) "Incest" includes:
2737 (i) blood relationships of the whole or half blood, without regard to legitimacy;
2738 (ii) relationships of parent and child by adoption; and
2739 (iii) relationships of stepparent and stepchild while the marriage creating the
2740 relationship of a stepparent and stepchild exists.
2741 [
2742
2743
2744 (35) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
2745 (36) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
2746 (37) "Indigent defense service provider" means the same as that term is defined in
2747 Section 78B-22-102.
2748 (38) "Indigent defense services" means the same as that term is defined in Section
2749 78B-22-102.
2750 (39) "Indigent individual" means the same as that term is defined in Section
2751 78B-22-102.
2752 (40) (a) "Intake probation" means a minor is:
2753 (i) monitored by a juvenile probation officer; and
2754 (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
2755 (b) "Intake probation" does not include formal probation.
2756 [
2757 functioning existing concurrently with deficits in adaptive behavior that constitutes a
2758 substantial limitation to the individual's ability to function in society.
2759 (42) "Juvenile offender" means:
2760 (a) a serious youth offender; or
2761 (b) a youth offender.
2762 (43) "Juvenile probation officer" means a probation officer appointed under Section
2763 78A-6-205.
2764 (44) "Juvenile receiving center" means a nonsecure, nonresidential program established
2765 by the Division of Juvenile Justice Services, or under contract with the Division of Juvenile
2766 Justice Services, that is responsible for minors taken into temporary custody under Section
2767 80-6-201.
2768 [
2769
2770 (a) the right to physical custody of the minor;
2771 (b) the right and duty to protect, train, and discipline the minor;
2772 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
2773 medical care;
2774 (d) the right to determine where and with whom the minor shall live; and
2775 (e) the right, in an emergency, to authorize surgery or other extraordinary care.
2776 [
2777 [
2778 [
2779 [
2780
2781 [
2782 [
2783 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
2784 behavioral, or related functioning; or
2785 (b) the same as that term is defined in:
2786 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
2787 published by the American Psychiatric Association; or
2788 (ii) the current edition of the International Statistical Classification of Diseases and
2789 Related Health Problems.
2790 [
2791 [
2792 [
2793 [
2794 [
2795 [
2796 [
2797 [
2798 [
2799 [
2800 [
2801 (47) "Minor" means, except as provided in Sections 80-6-901 and 80-7-102:
2802 (a) a child; or
2803 (b) an individual:
2804 (i) (A) who is at least 18 years old and younger than 21 years old; and
2805 (B) for whom the Division of Child and Family Services has been specifically ordered
2806 by the juvenile court to provide services because the individual was an abused, neglected, or
2807 dependent child or because the individual was adjudicated for an offense; or
2808 (ii) (A) who is at least 18 years old and younger than 25 years old; and
2809 (B) whose case is under the continuing jurisdiction of the juvenile court under Chapter
2810 6, Juvenile Justice.
2811 [
2812
2813 same as that term is defined in Section 62A-15-102.
2814 [
2815 the sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any
2816 child, or the breast of a female child, or takes indecent liberties with a child as defined in
2817 Section 76-5-416.
2818 [
2819 (b) "Natural parent" includes the minor's noncustodial parent.
2820 [
2821 (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
2822 Relinquishment of a Newborn Child;
2823 (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
2824 guardian, or custodian;
2825 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
2826 subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
2827 well-being;
2828 (iv) a child to be at risk of being neglected or abused because another child in the same
2829 home is neglected or abused;
2830 (v) abandonment of a child through an unregulated custody transfer; or
2831 (vi) educational neglect.
2832 (b) "Neglect" does not include:
2833 (i) a parent or guardian legitimately practicing religious beliefs and who, for that
2834 reason, does not provide specified medical treatment for a child;
2835 (ii) a health care decision made for a child by the child's parent or guardian, unless the
2836 state or other party to a proceeding shows, by clear and convincing evidence, that the health
2837 care decision is not reasonable and informed;
2838 (iii) a parent or guardian exercising the right described in Section [
2839 80-3-304; or
2840 (iv) permitting a child, whose basic needs are met and who is of sufficient age and
2841 maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
2842 including:
2843 (A) traveling to and from school, including by walking, running, or bicycling;
2844 (B) traveling to and from nearby commercial or recreational facilities;
2845 (C) engaging in outdoor play;
2846 (D) remaining in a vehicle unattended, except under the conditions described in
2847 Subsection 76-10-2202(2);
2848 (E) remaining at home unattended; or
2849 (F) engaging in a similar independent activity.
2850 [
2851 [
2852 probation officer, without [
2853 Section 80-6-701, upon the consent in writing of:
2854 (a) the assigned juvenile probation officer; and
2855 (b) (i) the minor; or
2856 (ii) the minor and the minor's parent, legal guardian, or custodian.
2857 [
2858 intellectual disability or related condition, or developmental immaturity, lacks the ability to:
2859 (a) understand the nature of the proceedings against the minor or of the potential
2860 disposition for the offense charged; or
2861 (b) consult with counsel and participate in the proceedings against the minor with a
2862 reasonable degree of rational understanding.
2863 (55) "Parole" means a conditional release of a juvenile offender from residency in
2864 secure care to live outside of secure care under the supervision of the Division of Juvenile
2865 Justice Services, or another person designated by the Division of Juvenile Justice Services.
2866 [
2867 child.
2868 [
2869 adjudication [
2870 80-6-701, whereby the minor is permitted to remain in the minor's home under prescribed
2871 conditions.
2872 (b) "Probation" includes intake probation or formal probation.
2873 [
2874 (a) the attorney general and any assistant attorney general;
2875 (b) any district attorney or deputy district attorney;
2876 (c) any county attorney or assistant county attorney; and
2877 (d) any other attorney authorized to commence an action on behalf of the state.
2878 (59) "Protective custody" means the shelter of a child by the Division of Child and
2879 Family Services from the time the child is removed from the home until the earlier of:
2880 (a) the day on which the shelter hearing is held under Section 80-3-301; or
2881 (b) the day on which the child is returned home.
2882 [
2883 following an adjudication on the ground of abuse, neglect, or dependency, whereby:
2884 (a) the minor is permitted to remain in the minor's home[
2885 (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
2886 by [
2887 the juvenile court.
2888 [
2889 (i) is found to be closely related to intellectual disability;
2890 (ii) results in impairment of general intellectual functioning or adaptive behavior
2891 similar to that of an intellectually disabled individual;
2892 (iii) is likely to continue indefinitely; and
2893 (iv) constitutes a substantial limitation to the individual's ability to function in society.
2894 (b) "Related condition" does not include mental illness, psychiatric impairment, or
2895 serious emotional or behavioral disturbance.
2896 [
2897 remaining with [
2898 another person or agency, including:
2899 (i) the responsibility for support;
2900 (ii) the right to consent to adoption;
2901 (iii) the right to determine the child's religious affiliation; and
2902 (iv) the right to reasonable parent-time unless restricted by the court.
2903 (b) If no guardian has been appointed, "residual parental rights and duties" includes the
2904 right to consent to:
2905 (i) marriage;
2906 (ii) enlistment; and
2907 (iii) major medical, surgical, or psychiatric treatment.
2908 [
2909
2910
2911
2912 (63) "Runaway" means a child, other than an emancipated child, who willfully leaves
2913 the home of the child's parent or guardian, or the lawfully prescribed residence of the child,
2914 without permission.
2915 (64) "Secure care" means placement of a minor, who is committed to the Division of
2916 Juvenile Justice Services for rehabilitation, in a facility operated by, or under contract with, the
2917 Division of Juvenile Justice Services, that provides 24-hour supervision and confinement of the
2918 minor.
2919 (65) "Secure care facility" means a facility, established in accordance with Section
2920 80-5-503, for juvenile offenders in secure care.
2921 (66) "Secure detention" means temporary care of a minor who requires secure custody
2922 in a physically restricting facility operated by, or under contract with, the Division of Juvenile
2923 Justice Services:
2924 (a) before disposition of an offense that is alleged to have been committed by the
2925 minor; or
2926 (b) under Section 80-6-704.
2927 (67) "Serious youth offender" means an individual who:
2928 (a) is at least 14 years old, but under 25 years old;
2929 (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
2930 of the juvenile court was extended over the individual's case until the individual was 25 years
2931 old in accordance with Section 80-6-605; and
2932 (c) is committed by the juvenile court to the Division of Juvenile Justice Services for
2933 secure care under Sections 80-6-703 and 80-6-705.
2934 [
2935 to a child.
2936 [
2937 harm to a child.
2938 [
2939 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
2940 adult directed towards a child;
2941 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2942 committed by a child towards another child if:
2943 (i) there is an indication of force or coercion;
2944 (ii) the children are related, as described in Subsection [
2945 by marriage while the marriage exists or by adoption;
2946 (iii) there have been repeated incidents of sexual contact between the two children,
2947 unless the children are 14 years old or older; or
2948 (iv) there is a disparity in chronological age of four or more years between the two
2949 children;
2950 (c) engaging in any conduct with a child that would constitute an offense under any of
2951 the following, regardless of whether the individual who engages in the conduct is actually
2952 charged with, or convicted of, the offense:
2953 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
2954 alleged perpetrator of an offense described in Section 76-5-401 is a minor;
2955 (ii) child bigamy, Section 76-7-101.5;
2956 (iii) incest, Section 76-7-102;
2957 (iv) lewdness, Section 76-9-702;
2958 (v) sexual battery, Section 76-9-702.1;
2959 (vi) lewdness involving a child, Section 76-9-702.5; or
2960 (vii) voyeurism, Section 76-9-702.7; or
2961 (d) subjecting a child to participate in or threatening to subject a child to participate in
2962 a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
2963 marriage.
2964 [
2965 (a) employing, using, persuading, inducing, enticing, or coercing any child to:
2966 (i) pose in the nude for the purpose of sexual arousal of any individual; or
2967 (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
2968 filming, recording, or displaying in any way the sexual or simulated sexual conduct;
2969 (b) displaying, distributing, possessing for the purpose of distribution, or selling
2970 material depicting a child:
2971 (i) in the nude, for the purpose of sexual arousal of any individual; or
2972 (ii) engaging in sexual or simulated sexual conduct; or
2973 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2974 sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
2975 is actually charged with, or convicted of, the offense.
2976 [
2977 facility pending [
2978 (73) "Shelter facility" means the same as that term is defined in Section 62A-4a-101.
2979 [
2980 76-1-401.
2981 [
2982 an offense that would not be an offense but for the age of the offender.
2983 [
2984 drugs or substances.
2985 [
2986 62A-4a-101.
2987 [
2988 [
2989 parental rights and duties, including residual parental rights and duties, by court order.
2990 [
2991 (a) an individual employed by a state division or agency for the purpose of conducting
2992 psychological treatment and counseling of a minor in [
2993 (b) any other individual licensed or approved by the state for the purpose of conducting
2994 psychological treatment and counseling.
2995 [
2996 indicating that the child is at an unreasonable risk of harm or neglect.
2997 (82) "Ungovernable" means a child in conflict with a parent or guardian, and the
2998 conflict:
2999 (a) results in behavior that is beyond the control or ability of the child, or the parent or
3000 guardian, to manage effectively;
3001 (b) poses a threat to the safety or well-being of the child, the child's family, or others;
3002 or
3003 (c) results in the situations described in Subsections (82)(a) and (b).
3004 [
3005 (a) with an individual who is not the child's parent, step-parent, grandparent, adult
3006 sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
3007 whom the child is familiar, or a member of the child's federally recognized tribe;
3008 (b) with the intent of severing the child's existing parent-child or guardian-child
3009 relationship; and
3010 (c) without taking:
3011 (i) reasonable steps to ensure the safety of the child and permanency of the placement;
3012 and
3013 (ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
3014 guardianship to the individual taking custody of the child.
3015 [
3016 62A-4a-101.
3017 [
3018 62A-4a-101.
3019 [
3020 assesses a minor's risk of reoffending and a minor's criminogenic needs.
3021 [
3022
3023 [
3024 [
3025 62A-4a-101.
3026 (88) "Youth offender" means an individual who is:
3027 (a) at least 12 years old, but under 21 years old; and
3028 (b) committed by the juvenile court to the Division of Juvenile Justice Services for
3029 secure care under Sections 80-6-703 and 80-6-705.
3030 Section 52. Section 80-1-103, which is renumbered from Section 78A-6-1110 is
3031 renumbered and amended to read:
3032 [
3033 private agencies and organizations.
3034 (1) Every county, municipality, and school district, and the Department of Human
3035 Services, the Division of Juvenile Justice Services, the Division of Child and Family Services,
3036 the Department of Health, the Division of Substance Abuse and Mental Health, the State Board
3037 of Education, and state and local law enforcement officers, shall render all assistance and
3038 cooperation within their jurisdiction and power to further the [
3039 [
3040 (2) A juvenile court is authorized to seek the cooperation of all agencies and
3041 organizations, public or private, whose [
3042 Section 53. Section 80-2-101 is enacted to read:
3043 80-2-101. Title.
3044 Reserved
3045 Section 54. Section 80-3-101 is enacted to read:
3046
3047
3048 80-3-101. Title.
3049 This chapter is known as "Abuse, Neglect, and Dependency Proceedings."
3050 Section 55. Section 80-3-102, which is renumbered from Section 78A-6-301 is
3051 renumbered and amended to read:
3052 [
3053 As used in this [
3054 (1) "Abuse, neglect, or dependency petition" means a petition filed in accordance with
3055 this chapter to commence proceedings in a juvenile court alleging that a child is:
3056 (a) abused;
3057 (b) neglected; or
3058 (c) dependent.
3059 (2) "Child protection team" means the same as that term is defined in Section
3060 62A-4a-101.
3061 (3) "Child protection unit" means the same as that term is defined in Section
3062 62A-4a-101.
3063 [
3064 (5) "Division" means the Division of Child and Family Services created in Section
3065 62A-4a-103.
3066 (6) "Friend" means an adult who:
3067 (a) has an established relationship with the child or a family member of the child; and
3068 (b) is not the natural parent of the child.
3069 [
3070 grandparent, or grandchild.
3071 [
3072
3073 [
3074 [
3075 (8) "Relative" means an adult who:
3076 (a) is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle,
3077 brother in law, sister in law, stepparent, first cousin, stepsibling, or sibling;
3078 (b) is a first cousin of the child's parent;
3079 (c) is an adoptive parent of the child's sibling; or
3080 (d) in the case of a child who is an Indian child, an extended family member as defined
3081 in 25 U.S.C. Sec. 1903.
3082 (9) "Shelter care" means the same as that term is defined in Section 62A-4a-101.
3083 [
3084 [
3085 62A-4a-101.
3086 (12) "Substitute care" means the same as that term is defined in Section 62A-4a-101.
3087 [
3088
3089 62A-4a-101.
3090 Section 56. Section 80-3-103, which is renumbered from Section 78A-6-303 is
3091 renumbered and amended to read:
3092 [
3093 parte communications.
3094 [
3095
3096
3097 (1) The proceedings under this chapter are civil in nature and are governed by the Utah
3098 Rules of Civil Procedure and the Utah Rules of Juvenile Procedure.
3099 (2) Any unauthorized ex parte communication concerning a pending case between a
3100 judge and a party to an abuse, neglect, or dependency proceeding shall be recorded for
3101 subsequent review, if necessary, by the Judicial Conduct Commission.
3102 Section 57. Section 80-3-104, which is renumbered from Section 78A-6-317 is
3103 renumbered and amended to read:
3104 [
3105 Legal representation -- Attorney general responsibilities.
3106 (1) (a) A [
3107 entitled to notice [
3108 80-3-301, preadoptive parents, foster parents, and any relative providing care for the [
3109 minor, are:
3110 [
3111 under this [
3112 [
3113 Subsection (1)(a)(i).
3114 [
3115
3116
3117 (b) A child's right to be present at a hearing under Subsection (1)(a) is subject to the
3118 discretion of the guardian ad litem, as defined in Section 78A-2-801, appointed under
3119 Subsection (3) or the juvenile court regarding any possible detriment to the child.
3120 [
3121 abuse, neglect, or dependency petition [
3122 counsel, and to present evidence, at each hearing.
3123 [
3124
3125 (b) If a parent or guardian is the subject of an abuse, neglect, or dependency petition,
3126 the juvenile court shall:
3127 (i) appoint an indigent defense service provider for a parent or guardian determined to
3128 be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
3129 Counsel; and
3130 (ii) order indigent defense services for the parent or legal guardian who is determined
3131 to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
3132 Counsel.
3133 [
3134 the juvenile court shall order that the child be represented by [
3135 in accordance with Section [
3136 (b) A guardian ad litem appointed under Subsection (3)(a) shall represent the best
3137 interest of the [
3138 78A-2-803:
3139 (i) at the shelter hearing and at all subsequent court and administrative proceedings,
3140 including any proceeding for termination of parental rights in accordance with [
3141
3142 Rights; and
3143 (ii) in other actions initiated under this chapter when appointed by the court under
3144 Section 78A-2-803 or as otherwise provided by law.
3145 (4) Subject to the attorney general's prosecutorial discretion in civil enforcement
3146 actions, the attorney general shall, in accordance with Section 62A-4a-113, enforce all
3147 provisions of this chapter and Title 62A, Chapter 4a, Child and Family Services, relating to
3148 protection or custody of an abused, neglected, or dependent minor and the termination of
3149 parental rights.
3150 (5) (a) The juvenile court shall admit any individual to a hearing, including a hearing
3151 under Section 80-3-205, unless the juvenile court makes a finding upon the record that the
3152 individual's presence at the hearing would:
3153 (i) be detrimental to the best interest of a minor who is a party to the proceeding;
3154 (ii) impair the fact-finding process; or
3155 (iii) be otherwise contrary to the interests of justice.
3156 (b) The juvenile court may exclude an individual from a hearing under Subsection
3157 (5)(a) on the juvenile court's own motion or by motion of a party to the proceeding.
3158 [
3159
3160 [
3161
3162
3163 [
3164
3165 [
3166
3167 [
3168
3169 [
3170
3171 [
3172
3173
3174 [
3175
3176 [
3177
3178
3179
3180 [
3181
3182
3183 [
3184
3185 [
3186
3187 [
3188
3189 [
3190
3191 Section 58. Section 80-3-105 is enacted to read:
3192 80-3-105. Consolidation of proceedings.
3193 (1) Subject to Subsection (2), when more than one child is involved in a home situation
3194 that may be found to constitute abuse, neglect, or dependency, the proceedings may be
3195 consolidated.
3196 (2) Separate hearings may be held in proceedings consolidated under Subsection (1)
3197 with respect to disposition.
3198 Section 59. Section 80-3-106 is enacted to read:
3199 80-3-106. Record of proceedings.
3200 (1) As used in this section:
3201 (a) "Record of a proceeding" does not include documentary materials of any type
3202 submitted to the juvenile court as part of the proceeding, including items submitted under Utah
3203 Rules of Juvenile Procedure, Rule 45.
3204 (b) "Subjects of the record" includes the child's attorney guardian ad litem, the child's
3205 guardian, the division, and any other party to the proceeding.
3206 (2) (a) Except as provided in Subsection (2)(b), the juvenile court shall take a verbatim
3207 record of the proceedings under this chapter, unless dispensed with by the juvenile court.
3208 (b) A juvenile court shall take a verbatim record of the proceedings in all cases under
3209 this chapter that might result in deprivation of custody.
3210 (3) Notwithstanding any other provision, including Title 63G, Chapter 2, Government
3211 Records Access and Management Act, the juvenile court shall release a record of a proceeding
3212 made under Subsection (2) to any person upon a finding on the record for good cause.
3213 (4) Following a petition for a record of a proceeding made under Subsection (2), the
3214 juvenile court shall:
3215 (a) provide notice to all subjects of the record that a request for release of the record
3216 has been made; and
3217 (b) allow sufficient time for the subjects of the record to respond before making a
3218 finding on the petition.
3219 (5) A record of a proceeding may not be released under this section if the juvenile
3220 court's jurisdiction over the subjects of the proceeding ended more than 12 months before the
3221 day on which the request is made.
3222 Section 60. Section 80-3-107 is enacted to read:
3223 80-3-107. Disclosure of records -- Record sharing.
3224 (1) (a) Except as provided in Subsections (1)(c) through (e), in an abuse, neglect, or
3225 dependency proceeding occurring after the commencement of a shelter hearing under Section
3226 80-3-301, or the filing of an abuse, neglect, or dependency petition, each party to the
3227 proceeding shall provide in writing to any other party or the other party's counsel any
3228 information that the party:
3229 (i) plans to report to the juvenile court at the proceeding; or
3230 (ii) could reasonably expect would be requested of the party by the juvenile court at the
3231 proceeding.
3232 (b) A party providing the disclosure required under Subsection (1)(a) shall make the
3233 disclosure:
3234 (i) for a dispositional hearing under Part 4, Adjudication and Disposition, no less than
3235 five days before the day on which the dispositional hearing is held; and
3236 (ii) for all other proceedings, no less than five days before the day on which the
3237 proceeding is held.
3238 (c) The division is not required to provide a court report or a child and family plan
3239 described in Section 62A-4a-205 to each party to the proceeding if:
3240 (i) the information is electronically filed with the juvenile court; and
3241 (ii) each party to the proceeding has access to the electronically filed information.
3242 (d) If a party to a proceeding obtains information after the deadline described in
3243 Subsection (1)(b), the information is exempt from the disclosure required under Subsection
3244 (1)(a) if the party certifies to the juvenile court that the information was obtained after the
3245 deadline.
3246 (e) Subsection (1)(a) does not apply to:
3247 (i) pretrial hearings; and
3248 (ii) the frequent, periodic review hearings held in a dependency drug court case to
3249 assess and promote the parent's progress in substance use disorder treatment.
3250 (2) (a) Except as provided in Subsection (2)(b), and notwithstanding any other
3251 provision of law:
3252 (i) counsel for all parties to the action shall be given access to all records, maintained
3253 by the division or any other state or local public agency, that are relevant to the abuse, neglect,
3254 or dependency proceeding under this chapter; and
3255 (ii) if the natural parent of a child is not represented by counsel, the natural parent shall
3256 have access to the records described in Subsection (2)(a)(i).
3257 (b) The disclosures described in Subsection (2)(a) are not required if:
3258 (i) subject to Subsection (2)(c), the division or other state or local public agency did not
3259 originally create the record being requested;
3260 (ii) disclosure of the record would jeopardize the life or physical safety of a child who
3261 has been a victim of abuse or neglect, or any individual who provided substitute care for the
3262 child;
3263 (iii) disclosure of the record would jeopardize the anonymity of the individual making
3264 the initial report of abuse or neglect or any others involved in the subsequent investigation;
3265 (iv) disclosure of the record would jeopardize the life or physical safety of an
3266 individual who has been a victim of domestic violence;
3267 (v) the record is a report maintained in the Management Information System, for which
3268 a finding of unsubstantiated, unsupported, or without merit has been made, unless the
3269 individual requesting the information is the alleged perpetrator in the report or counsel for the
3270 alleged perpetrator in the report; or
3271 (vi) the record is a Children's Justice Center interview, including a video or audio
3272 recording, and a transcript of the recording, the release of which is governed by Section
3273 77-37-4.
3274 (c) If a disclosure is denied under Subsection (2)(b)(i), the division shall inform the
3275 individual making the request:
3276 (i) of the existence of all records in the possession of the division or any other state or
3277 local public agency;
3278 (ii) of the name and address of the individual or agency that originally created the
3279 record; and
3280 (iii) that the individual making the request must seek access to the record from the
3281 individual or agency that originally created the record.
3282 Section 61. Section 80-3-108, which is renumbered from Section 78A-6-305 is
3283 renumbered and amended to read:
3284 [
3285 court -- Consideration of minor's statement outside of court.
3286 (1) [
3287 (a) a dispositional hearing;
3288 (b) a permanency hearing; or
3289 (c) a review hearing, except a drug court review hearing.
3290 (2) A minor shall be present at any postadjudication hearing in a case relating to the
3291 abuse, neglect, or dependency of the minor, unless the juvenile court determines that:
3292 (a) requiring the minor to be present at the postadjudication hearing would be
3293 detrimental to the minor or impractical; or
3294 (b) the minor is not sufficiently mature to articulate the minor's wishes in relation to the
3295 hearing.
3296 (3) A juvenile court may, in the juvenile court's discretion, order that a minor described
3297 in Subsection (2) be present at a hearing that is not a postadjudication hearing.
3298 (4) (a) Except as provided in Subsection (4)(b), at any hearing in a case relating to the
3299 abuse, neglect, or dependency of a minor, when the minor is present at the hearing, the juvenile
3300 court shall:
3301 (i) ask the minor whether the minor desires the opportunity to address the juvenile
3302 court or testify; and
3303 (ii) if the minor desires an opportunity to address the juvenile court or testify, allow the
3304 minor to address the juvenile court or testify.
3305 (b) Subsection (4)(a) does not apply if the juvenile court determines that:
3306 (i) it would be detrimental to the minor to comply with Subsection (4)(a); or
3307 (ii) the minor is not sufficiently mature to articulate the minor's wishes in relation to
3308 the hearing.
3309 (c) Subject to applicable court rules, the juvenile court may allow the minor to address
3310 the court in camera.
3311 (d) If a minor 14 years [
3312 juvenile court or testify, the juvenile court shall give the minor's desires added weight, but may
3313 not treat the minor's desires as the single controlling factor in a postadjudication hearing or
3314 other hearing described in Subsection (3).
3315 (e) For the purpose of establishing the fact of abuse, neglect, or dependency, the
3316 juvenile court may, in the juvenile court's discretion, consider evidence of statements made by
3317 a child under eight years old to an individual in a trust relationship.
3318 (5) [
3319 being present at a hearing that the minor is not required to be at [
3320 court order, unless the juvenile court orders otherwise.
3321 Section 62. Section 80-3-109, which is renumbered from Section 78A-6-324 is
3322 renumbered and amended to read:
3323 [
3324 proceedings -- Division duties.
3325 [
3326
3327
3328 (1) In a proceeding under this chapter, the juvenile court:
3329 (a) may appoint any mental health therapist, as defined in Section 58-60-102, [
3330 who the juvenile court finds to be qualified[
3331 (i) evaluate the mental health of a minor or provide mental health services to the minor;
3332 or
3333 (ii) after notice and a hearing set for the specific purpose, evaluate the mental health of
3334 the minor's parent or guardian or provide mental health services to the parent or guardian if the
3335 juvenile court finds from the evidence presented at the hearing that the parent's or guardian's
3336 mental or emotional condition may be a factor in causing the abuse, neglect, or dependency of
3337 the minor; or
3338 (b) may appoint a physician or a physician assistant who the juvenile court finds to be
3339 qualified to:
3340 (i) physically examine the minor; or
3341 (ii) after notice and a hearing set for the specific purpose, physically examine the
3342 minor's parent or guardian if the juvenile court finds from the evidence presented at the hearing
3343 that the parent's or guardian's physical condition may be a factor in causing the abuse, neglect,
3344 or dependency of the minor.
3345 [
3346 Subsection (1) for the reason that the therapist's recommendations in another case [
3347
3348 division.
3349 [
3350 (3) The division shall, with regard to a minor in the division's custody:
3351 (a) take reasonable measures to notify a minor's parent or guardian of any
3352 non-emergency health treatment or care scheduled for a minor;
3353 (b) include the minor's parent or guardian as fully as possible in making health care
3354 decisions for the minor;
3355 (c) defer to the minor's parent's or guardian's reasonable and informed decisions
3356 regarding the minor's health care to the extent that the minor's health and well-being are not
3357 unreasonably compromised by the parent's or guardian's decision; and
3358 (d) notify the minor's parent or guardian within five business days after the day on
3359 which the minor receives emergency health care or treatment.
3360 (4) An examination conducted in accordance with Subsection (1) is not a privileged
3361 communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general
3362 rule of privilege.
3363 (5) Subsection (1) applies to a proceeding under this chapter involving:
3364 (a) parents and minors; or
3365 (b) the [
3366 Section 63. Section 80-3-110, which is renumbered from Section 78A-6-115 is
3367 renumbered and amended to read:
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 [
3427
3428 [
3429
3430 [
3431 [
3432 [
3433
3434
3435 [
3436 [
3437 [
3438
3439 [
3440
3441
3442 [
3443 [
3444 [
3445 26-61a-102.
3446 [
3447 [
3448 [
3449 26-61a-102.
3450 [
3451 26-61a-102.
3452 [
3453 26-61a-102.
3454 [
3455 Section 26-61a-102.
3456 [
3457 Section 26-61a-102.
3458 [
3459 the juvenile court makes a finding, determination, or otherwise considers an individual's
3460 possession or use of medical cannabis, a cannabis product, or a medical cannabis device, the
3461 juvenile court may not consider or treat the individual's possession or use any differently than
3462 the lawful possession or use of any prescribed controlled substance if:
3463 [
3464 Production Establishments;
3465 [
3466 (3); or
3467 [
3468 Utah Medical Cannabis Act; and
3469 [
3470 guidelines determined by the individual's qualified medical provider or through a consultation
3471 described in Subsection 26-61a-502(4) or (5).
3472 [
3473 or guardian's use of cannabis or a cannabis product is not abuse or neglect of [
3474 [
3475 [
3476 or because of cannabis being introduced to the child's body in another manner; or
3477 [
3478 ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner.
3479 [
3480 in Subsection [
3481 guardian's use of medical cannabis or a cannabis product is not contrary to the best interests of
3482 [
3483 [
3484 guardian's possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act,
3485 and there is no evidence that the parent's or guardian's use of medical cannabis unreasonably
3486 deviates from the directions of use and dosing guidelines determined by the parent's or
3487 guardian's qualified medical provider or through a consultation described in Subsection
3488 26-61a-502(4) or (5); or
3489 [
3490 with Subsection 58-37-3.7(2) or (3).
3491 [
3492 child [
3493 parent's or guardian's use of medical cannabis or a cannabis product is contrary to the best
3494 interests of a child, if there is evidence showing a nexus between the parent's or guardian's use
3495 of cannabis or a cannabis product and behavior that would separately constitute abuse or
3496 neglect of the child.
3497 Section 64. Section 80-3-201, which is renumbered from Section 78A-6-304 is
3498 renumbered and amended to read:
3499
3500 [
3501 Notice.
3502 [
3503
3504 [
3505 [
3506 [
3507 [
3508 neglect, or dependency petition.
3509 [
3510 division before the person files [
3511 [
3512
3513
3514 [
3515 [
3516
3517 [
3518
3519 [
3520
3521 [
3522
3523 [
3524
3525
3526
3527 (3) If a child who is the subject of an abuse, neglect, or dependency petition is removed
3528 from the child's home by the division, the petition shall be filed on or before the day on which
3529 the initial shelter hearing described in Section 80-3-301 is held.
3530 (4) An abuse, neglect, or dependency petition shall include:
3531 (a) a concise statement of facts, separately stated, to support the conclusion that the
3532 child upon whose behalf the abuse, neglect, or dependency petition is brought is abused,
3533 neglected, or dependent; and
3534 (b) a statement regarding whether the child is in protective custody, and if so, the date
3535 and precise time the child was taken into protective custody.
3536 (5) (a) Upon the filing of an abuse, neglect, or dependency petition, the petitioner shall
3537 serve the petition and notice on:
3538 (i) the guardian ad litem;
3539 (ii) both parents and any guardian of the child; and
3540 (iii) the child's foster parents.
3541 (b) The notice described in Subsection (5) shall contain all of the following:
3542 (i) the name and address of the person to whom the notice is directed;
3543 (ii) the date, time, and place of the hearing on the petition;
3544 (iii) the name of the child on whose behalf the petition is brought;
3545 (iv) a statement that the parent or guardian to whom notice is given, and the child, are
3546 entitled to have an attorney present at the hearing on the petition, and that if the parent or
3547 guardian is indigent and cannot afford an attorney, and desires to be represented by an attorney,
3548 one will be provided; and
3549 (v) a statement that the parent or legal guardian is liable for the cost of support of the
3550 child in the protective custody, temporary custody, and custody of the division, and for legal
3551 counsel appointed for the parent or guardian under Subsection (5)(b)(iv), according to the
3552 parent's or guardian's financial ability.
3553 (6) The petitioner shall serve the abuse, neglect, or dependency petition and notice
3554 under this section on all individuals described in Subsection (5)(a) as soon as possible after the
3555 petition is filed and at least five days before the day on which the hearing is set.
3556 (7) The juvenile court may dismiss an abuse, neglect, or dependency petition at any
3557 stage of the proceedings.
3558 (8) If an abuse, neglect, or dependency petition includes an allegation of educational
3559 neglect, Sections 53G-6-210 and 53G-6-211 are applicable to the proceedings under this
3560 chapter.
3561 Section 65. Section 80-3-202, which is renumbered from Section 78A-6-107 is
3562 renumbered and amended to read:
3563 [
3564 [
3565
3566 [
3567 [
3568 [
3569 [
3570 the attorney general shall file the abuse, neglect, or dependency petition within 72 hours [
3571 after the completion of the division's investigation and request, excluding weekends and
3572 holidays, if:
3573 (a) the child who is the subject of the requested abuse, neglect, or dependency petition
3574 is not removed from the child's home by the division; and
3575 (b) without an expedited hearing and services ordered under the protective supervision
3576 of the juvenile court, the child will likely be taken into protective custody.
3577 [
3578 adjudication hearings on [
3579 (a) the child who is the subject of the petition is not in:
3580 (i) protective custody; or
3581 (ii) temporary custody; and
3582 (b) the division indicates in the petition that, without expedited hearings and services
3583 ordered under the protective supervision of the court, the child will likely be taken into
3584 protective custody.
3585 Section 66. Section 80-3-203 is enacted to read:
3586 80-3-203. Expedited hearing for temporary custody.
3587 (1) After an abuse, neglect, or dependency petition is filed, the juvenile court may
3588 make an order:
3589 (a) providing for temporary custody of the child who is the subject of the petition; or
3590 (b) that the division provide protective services to the child who is the subject of the
3591 petition if the juvenile court determines that:
3592 (i) the child is at risk of being removed from the child's home due to abuse or neglect;
3593 and
3594 (ii) the provision of protective services may make the removal described in Subsection
3595 (1)(b)(i) unnecessary.
3596 (2) (a) The juvenile court shall hold an expedited hearing to determine whether a child
3597 should be placed in temporary custody if:
3598 (i) a person files an abuse, neglect, or dependency petition;
3599 (ii) a party to the proceeding files a motion for expedited placement in temporary
3600 custody; and
3601 (iii) notice of the hearing described in this Subsection (1)(a) is served consistent with
3602 the requirements for notice of a shelter hearing under Section 80-3-301.
3603 (b) The hearing described in Subsection (2)(a):
3604 (i) shall be held within 72 hours, excluding weekends and holidays, after the time in
3605 which the motion described in Subsection (2)(a)(ii) is filed; and
3606 (ii) shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of
3607 Juvenile Procedure, Rule 13.
3608 (3) (a) The hearing and notice described in Subsection (1) are subject to:
3609 (i) Section 80-3-301;
3610 (ii) Section 80-3-302; and
3611 (iii) the Utah Rules of Juvenile Procedure.
3612 (b) After the hearing described in Subsection (1), the juvenile court may order a child
3613 placed in the temporary custody of the division.
3614 Section 67. Section 80-3-204, which is renumbered from Section 78A-6-302 is
3615 renumbered and amended to read:
3616 [
3617 -- Grounds.
3618 (1) When [
3619
3620 and alternatives available to accomplish a compelling state interest and to prevent irretrievable
3621 destruction of family life as described in Subsections 62A-4a-201(1) and (7)(a) and Section
3622 [
3623 (2) After [
3624 dependency petition is filed, if the child who is the subject of the petition is not in [
3625 protective custody [
3626 the child's home or otherwise taken into protective custody if the juvenile court finds, by a
3627 preponderance of the evidence, that any one or more of the following circumstances exist:
3628 (a) (i) there is an imminent danger to the physical health or safety of the child; and
3629 (ii) the child's physical health or safety may not be protected without removing the
3630 child from the custody of the child's parent or guardian;
3631 (b) (i) a parent or guardian engages in or threatens the child with unreasonable conduct
3632 that causes the child to suffer harm; and
3633 (ii) there are no less restrictive means available by which the child's emotional health
3634 may be protected without removing the child from the custody of the child's parent or guardian;
3635 (c) the child or another child residing in the same household has been, or is considered
3636 to be at substantial risk of being, physically abused, sexually abused, or sexually exploited, by a
3637 parent or guardian, a member of the parent's or guardian's household, or other [
3638 individual known to the parent or guardian;
3639 (d) the parent or guardian is unwilling to have physical custody of the child;
3640 (e) the child is abandoned or left without any provision for the child's support;
3641 (f) a parent or guardian who has been incarcerated or institutionalized has not arranged
3642 or cannot arrange for safe and appropriate care for the child;
3643 (g) (i) a relative or other adult custodian with whom the child is left by the parent or
3644 guardian is unwilling or unable to provide care or support for the child;
3645 (ii) the whereabouts of the parent or guardian are unknown; and
3646 (iii) reasonable efforts to locate the parent or guardian are unsuccessful;
3647 (h) subject to [
3648 [
3649 immediate need of medical care;
3650 (i) (i) a parent's or guardian's actions, omissions, or habitual action create an
3651 environment that poses a serious risk to the child's health or safety for which immediate
3652 remedial or preventive action is necessary; or
3653 (ii) a parent's or guardian's action in leaving a child unattended would reasonably pose
3654 a threat to the child's health or safety;
3655 (j) the child or another child residing in the same household has been neglected;
3656 (k) the child's natural parent:
3657 (i) intentionally, knowingly, or recklessly causes the death of another parent of the
3658 child;
3659 (ii) is identified by a law enforcement agency as the primary suspect in an investigation
3660 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
3661 (iii) is being prosecuted for or has been convicted of intentionally, knowingly, or
3662 recklessly causing the death of another parent of the child;
3663 (l) an infant has been abandoned, as defined in Section [
3664 (m) (i) the parent or guardian, or an adult residing in the same household as the parent
3665 or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab
3666 Act; and
3667 (ii) any clandestine laboratory operation was located in the residence or on the property
3668 where the child resided; or
3669 (n) the child's welfare is otherwise endangered.
3670 (3) (a) For purposes of Subsection (2)(a), if a child has previously been adjudicated as
3671 abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or dependency
3672 occurs involving the same substantiated abuser or under similar circumstance as the previous
3673 abuse, that fact [
3674 custody of the child's parent.
3675 (b) For purposes of Subsection (2)(c):
3676 (i) another child residing in the same household may not be removed from the home
3677 unless that child is considered to be at substantial risk of being physically abused, sexually
3678 abused, or sexually exploited as described in Subsection (2)(c) or Subsection (3)(b)(ii); and
3679 (ii) if a parent or guardian has received actual notice that physical abuse, sexual abuse,
3680 or sexual exploitation by [
3681 is evidence that the parent or guardian failed to protect the child, after having received the
3682 notice, by allowing the child to be in the physical presence of the alleged abuser, that fact
3683 [
3684 abused, sexually abused, or sexually exploited.
3685 (4) (a) For purposes of Subsection (2), if the division files [
3686 dependency petition [
3687 safety and risk assessments described in Section 62A-4a-203.1 to determine whether a child
3688 should be removed from the custody of the child's parent or guardian or should otherwise be
3689 taken into protective custody.
3690 (b) The division shall make a diligent effort to provide the safety and risk assessments
3691 described in Section 62A-4a-203.1 to the juvenile court, guardian ad litem, and counsel for the
3692 parent or guardian, as soon as practicable before the shelter hearing described in Section
3693 [
3694 (5) In the absence of one of the factors described in Subsection (2), a juvenile court
3695 may not remove a child from the parent's or guardian's custody on the basis of:
3696 (a) educational neglect, truancy, or failure to comply with a court order to attend
3697 school;
3698 (b) mental illness or poverty of the parent or guardian; [
3699 (c) disability of the parent or guardian, as defined in Section 57-21-2[
3700 (d) the possession or use, in accordance with Title 26, Chapter 61a, Utah Medical
3701 Cannabis Act, of cannabis in a medicinal dosage form, a cannabis product in a medicinal
3702 dosage form, or a medical cannabis device, as those terms are defined in Section 26-61a-102.
3703 (6) A child removed from the custody of the child's parent or guardian under this
3704 section may not be placed or kept in [
3705
3706
3707 Chapter 6, Part 2, Custody and Detention.
3708 (7) This section does not preclude removal of a child from the child's home without a
3709 warrant or court order under Section 62A-4a-202.1.
3710 (8) (a) Except as provided in Subsection (8)(b), [
3711
3712 custody of the child's parent or guardian on the sole or primary basis that the parent or guardian
3713 refuses to consent to:
3714 (i) the administration of a psychotropic medication to a child;
3715 (ii) a psychiatric, psychological, or behavioral treatment for a child; or
3716 (iii) a psychiatric or behavioral health evaluation of a child.
3717 (b) Notwithstanding Subsection (8)(a), [
3718
3719 otherwise be prohibited under Subsection (8)(a) if failure to take an action described under
3720 Subsection (8)(a) would present a serious, imminent risk to the child's physical safety or the
3721 physical safety of others.
3722 Section 68. Section 80-3-205, which is renumbered from Section 78A-6-322 is
3723 renumbered and amended to read:
3724 [
3725 (1) In each case where an information or indictment [
3726 defendant concerning abuse, neglect, or dependency of a child, and a petition [
3727 in juvenile court concerning the victim, the appropriate county attorney's or district attorney's
3728 office shall coordinate with the attorney general's office.
3729 (2) Law enforcement personnel, [
3730 personnel, the appointed guardian ad litem, pretrial services personnel, and corrections
3731 personnel shall make reasonable efforts to facilitate the coordination required [
3732 section.
3733 (3) [
3734
3735 [
3736 (4) [
3737
3738 office, [
3739 litem, pretrial services personnel, and corrections personnel as appropriate under this section.
3740 Section 69. Section 80-3-206 is enacted to read:
3741 80-3-206. Mediation.
3742 If an abuse, neglect, or dependency petition is filed, or if a matter is referred to the
3743 juvenile court under Subsection 78A-6-104(1)(a)(iii), the juvenile court may require the parties
3744 to participate in mediation in accordance with Title 78B, Chapter 6, Part 2, Alternative Dispute
3745 Resolution Act.
3746 Section 70. Section 80-3-207 is enacted to read:
3747 80-3-207. Modification of petition -- Continuance.
3748 (1) When it appears in a proceeding under this chapter that evidence presented points
3749 to material facts not alleged in the abuse, neglect, or dependency petition, the juvenile court
3750 may consider the additional or different matters raised by the evidence if the parties consent.
3751 (2) The juvenile court on motion of any interested party, or on the juvenile court's own
3752 motion, shall direct that the abuse, neglect, or dependency petition be amended to conform to
3753 the evidence described in Subsection (1).
3754 (3) If the amendment described in Subsection (2) results in a substantial departure from
3755 the facts originally alleged in the abuse, neglect, or dependency petition, the juvenile court shall
3756 grant a continuance as justice may require in accordance with Utah Rules of Juvenile
3757 Procedure, Rule 54.
3758 Section 71. Section 80-3-301, which is renumbered from Section 78A-6-306 is
3759 renumbered and amended to read:
3760
3761 [
3762 (1) A juvenile court shall hold a shelter hearing [
3763 temporary custody of a child within 72 hours, excluding weekends and holidays, after any one
3764 or all of the following occur:
3765 (a) removal of the child from the child's home by the division;
3766 (b) placement of the child in [
3767 (c) emergency placement under Subsection 62A-4a-202.1[
3768 (d) as an alternative to removal of the child, a parent enters a domestic violence shelter
3769 at the request of the division; or
3770 [
3771
3772 (e) a motion for expedited placement in temporary custody is filed under Section
3773 80-3-203.
3774 (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
3775 division shall issue a notice that contains all of the following:
3776 (a) the name and address of the [
3777 (b) the date, time, and place of the shelter hearing;
3778 (c) the name of the child on whose behalf [
3779 is [
3780 (d) a concise statement regarding:
3781 (i) the reasons for removal or other action of the division under Subsection (1); and
3782 (ii) the allegations and code sections under which the proceeding [
3783 instituted;
3784 (e) a statement that the parent or guardian to whom notice is given, and the child, are
3785 entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
3786 [
3787 an attorney, one will be provided in accordance with Title 78B, Chapter 22, Indigent Defense
3788 Act; and
3789 (f) a statement that the parent or guardian is liable for the cost of support of the child in
3790 the protective custody, temporary custody, and custody of the division, and the cost for legal
3791 counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
3792 ability of the parent or guardian.
3793 (3) The notice described in Subsection (2) shall be personally served as soon as
3794 possible, but no later than one business day after [
3795 removed from the child's home, or the [
3796
3797 placement in temporary custody under Section 80-3-203 is filed, on:
3798 (a) the appropriate guardian ad litem; and
3799 (b) both parents and any guardian of the child, unless the parents or guardians cannot
3800 be located.
3801 (4) [
3802 be present at the shelter hearing:
3803 (a) the child, unless it would be detrimental for the child;
3804 (b) the child's parents or guardian, unless the parents or guardian cannot be located, or
3805 fail to appear in response to the notice;
3806 (c) counsel for the parents, if one is requested;
3807 (d) the child's guardian ad litem;
3808 (e) the [
3809 case; and
3810 (f) the attorney from the attorney general's office who is representing the division.
3811 (5) (a) At the shelter hearing, the juvenile court shall:
3812 (i) provide an opportunity to provide relevant testimony to:
3813 (A) the child's parent or guardian, if present; and
3814 (B) any other [
3815 (ii) subject to Section [
3816 testify; and
3817 (iii) in accordance with Subsections [
3818 grant preferential consideration to a relative or friend for the temporary placement of the child.
3819 (b) The juvenile court:
3820 (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
3821 Procedure;
3822 (ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
3823 the requesting party, or [
3824 (iii) may in [
3825 which goes to the issues of removal and the child's need for continued protection.
3826 (6) If the child is in [
3827 to the juvenile court:
3828 (a) the reason why the child was removed from the parent's or guardian's custody;
3829 (b) any services provided to the child and the child's family in an effort to prevent
3830 removal;
3831 (c) the need, if any, for continued shelter;
3832 (d) the available services that could facilitate the return of the child to the custody of
3833 the child's parent or guardian; and
3834 (e) subject to Subsections [
3835 relatives of the child or friends of the child's parents may be able and willing to accept
3836 temporary placement of the child.
3837 (7) The juvenile court shall consider all relevant evidence provided by [
3838
3839 section.
3840 (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
3841 cause shown, the juvenile court may grant no more than one continuance, not to exceed five
3842 judicial days.
3843 (b) A juvenile court shall honor, as nearly as practicable, the request by a parent or
3844 guardian for a continuance under Subsection (8)(a).
3845 (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
3846 described in Subsection (2) within the time described in Subsection (3), the juvenile court may
3847 grant the request of a parent or guardian for a continuance, not to exceed five judicial days.
3848 (9) (a) If the child is in [
3849 shall order that the child be returned to the custody of the parent or guardian unless [
3850 juvenile court finds, by a preponderance of the evidence, consistent with the protections and
3851 requirements provided in Subsection 62A-4a-201(1), that any one of the following exists:
3852 (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
3853 safety of the child and the child's physical health or safety may not be protected without
3854 removing the child from the custody of the child's parent;
3855 (ii) (A) the child is suffering emotional damage that results in a serious impairment in
3856 the child's growth, development, behavior, or psychological functioning;
3857 (B) the parent or guardian is unwilling or unable to make reasonable changes that
3858 would sufficiently prevent future damage; and
3859 (C) there are no reasonable means available by which the child's emotional health may
3860 be protected without removing the child from the custody of the child's parent or guardian;
3861 (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
3862 not removed from the custody of the child's parent or guardian;
3863 (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
3864 household has been, or is considered to be at substantial risk of being, physically abused,
3865 sexually abused, or sexually exploited by [
3866 (A) a parent or guardian;
3867 (B) a member of the parent's household or the guardian's household; or
3868 (C) [
3869 (v) the parent or guardian is unwilling to have physical custody of the child;
3870 (vi) the child is without any provision for the child's support;
3871 (vii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe
3872 and appropriate care for the child;
3873 (viii) (A) a relative or other adult custodian with whom the child is left by the parent or
3874 guardian is unwilling or unable to provide care or support for the child;
3875 (B) the whereabouts of the parent or guardian are unknown; and
3876 (C) reasonable efforts to locate the parent or guardian are unsuccessful;
3877 [
3878
3879 (ix) subject to Subsection 80-1-102(51)(b) and Sections 80-3-109 and 80-3-304, the
3880 child is in immediate need of medical care;
3881 (x) (A) the physical environment or the fact that the child is left unattended beyond a
3882 reasonable period of time poses a threat to the child's health or safety; and
3883 (B) the parent or guardian is unwilling or unable to make reasonable changes that
3884 would remove the threat;
3885 (xi) (A) the child or a minor residing in the same household has been neglected; and
3886 (B) the parent or guardian is unwilling or unable to make reasonable changes that
3887 would prevent the neglect;
3888 (xii) the parent, guardian, or an adult residing in the same household as the parent or
3889 guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act,
3890 and any clandestine laboratory operation was located in the residence or on the property where
3891 the child resided;
3892 (xiii) (A) the child's welfare is substantially endangered; and
3893 (B) the parent or guardian is unwilling or unable to make reasonable changes that
3894 would remove the danger; or
3895 (xiv) the child's natural parent:
3896 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
3897 child;
3898 (B) is identified by a law enforcement agency as the primary suspect in an investigation
3899 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
3900 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
3901 recklessly causing the death of another parent of the child.
3902 (b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
3903 established if:
3904 (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
3905 involving the parent; and
3906 (B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
3907 (ii) For purposes of Subsection (9)(a)(iv), if the juvenile court finds that the parent
3908 knowingly allowed the child to be in the physical care of [
3909 parent received actual notice that the [
3910 sexually exploited the child, that fact [
3911 substantial risk that the child will be physically abused, sexually abused, or sexually exploited.
3912 (10) (a) (i) The juvenile court shall [
3913 whether reasonable efforts were made to prevent or eliminate the need for removal of the child
3914 from the child's home and whether there are available services that would prevent the need for
3915 continued removal.
3916 (ii) If the juvenile court finds that the child can be safely returned to the custody of the
3917 child's parent or guardian through the provision of [
3918 (10)(a)(i), the juvenile court shall place the child with the child's parent or guardian and order
3919 that [
3920 (b) In accordance with federal law, the juvenile court shall consider the child's health,
3921 safety, and welfare as the paramount concern when making the determination described in
3922 Subsection (10)(a), and in ordering and providing the services[
3923
3924 Subsection (10)(a).
3925 (11) Where the division's first contact with the family occurred during an emergency
3926 situation in which the child could not safely remain at home, the juvenile court shall make a
3927 finding that any lack of preplacement preventive efforts, as described in Section 62A-4a-203,
3928 was appropriate.
3929 (12) In cases where [
3930 abuse, or severe neglect are involved, [
3931 and the division do not have any duty to make [
3932 attempt to maintain a child in the child's home, return a child to the child's home, provide
3933 reunification services, or attempt to rehabilitate the offending parent or parents.
3934 (13) The juvenile court may not order continued removal of a child solely on the basis
3935 of educational neglect [
3936 court order to attend school.
3937 (14) (a) Whenever a juvenile court orders continued removal of a child under this
3938 section, the juvenile court shall state the facts on which [
3939 (b) If no continued removal is ordered and the child is returned home, the juvenile
3940 court shall state the facts on which [
3941 (15) If the juvenile court finds that continued removal and temporary custody are
3942 necessary for the protection of a child [
3943 shall order continued removal regardless of:
3944 (a) any error in the initial removal of the child;
3945 (b) the failure of a party to comply with notice provisions; or
3946 (c) any other procedural requirement of this chapter or Title 62A, Chapter 4a, Child
3947 and Family Services.
3948 Section 72. Section 80-3-302, which is renumbered from Section 78A-6-307 is
3949 renumbered and amended to read:
3950 [
3951 [
3952 [
3953 [
3954 [
3955 [
3956 (1) As used in this section:
3957 (a) "Natural parent," notwithstanding Section 80-1-102, means:
3958 [
3959 [
3960 [
3961 [
3962 conceived or born; or
3963 [
3964 removal of the child or voluntary surrender of the child by the custodial parent.
3965 [
3966 "Natural parent" includes the individuals described in Subsection (1)(a) regardless of whether
3967 the child has been or will be placed with adoptive parents or whether adoption has been or will
3968 be considered as a long-term goal for the child.
3969 [
3970 [
3971
3972 [
3973 [
3974 [
3975
3976
3977 (2) (a) At the shelter hearing, when the juvenile court orders that a child be removed
3978 from the custody of the child's parent in accordance with the requirements of Section
3979 [
3980 parent with whom the child was not residing at the time the events or conditions that brought
3981 the child within the juvenile court's jurisdiction occurred, who desires to assume custody of the
3982 child.
3983 (b) [
3984 Subsection (2)(a), the juvenile court shall place the child with that parent unless the juvenile
3985 court finds that the placement would be unsafe or otherwise detrimental to the child.
3986 [
3987 [
3988 (i) shall make a specific finding regarding the fitness of the parent described in
3989 Subsection (2)(b) to assume custody, and the safety and appropriateness of the placement[
3990 (ii) [
3991 comply with the criminal background check provisions described in Section [
3992 80-3-305, and check the division's management information system for any previous reports of
3993 abuse or neglect received by the division regarding the parent at issue[
3994 (iii) [
3995 the safety and appropriateness of the placement[
3996 [
3997 [
3998 pending the juvenile court's determination regarding [
3999 (d) The division shall report the division's findings from an investigation regarding the
4000 child in writing to the juvenile court.
4001 (3) If the juvenile court orders placement with a parent under Subsection (2):
4002 (a) the child and the parent are under the continuing jurisdiction of the juvenile court;
4003 (b) the juvenile court may order:
4004 (i) that the parent [
4005 court; and
4006 (ii) that services be provided to the parent from whose custody the child was removed,
4007 the parent who has assumed custody, or both; and
4008 (c) the juvenile court shall order reasonable parent-time with the parent from whose
4009 custody the child was removed, unless parent-time is not in the best interest of the child.
4010 (4) The juvenile court shall periodically review an order described in Subsection (3) to
4011 determine whether:
4012 (a) placement with the parent continues to be in the child's best interest;
4013 (b) the child should be returned to the original custodial parent;
4014 (c) the child should be placed [
4015 Subsections (7) through [
4016 (d) the child should be placed in the temporary custody of the division.
4017 (5) The time limitations described in Section [
4018 reunification efforts apply to children placed with a previously noncustodial parent [
4019
4020 (6) (a) Legal custody of the child is not affected by an order entered under Subsection
4021 (2) or (3).
4022 (b) To affect a previous court order regarding legal custody, the party shall petition
4023 [
4024 (7) [
4025 removed from the custody of the child's parent and is not placed in the custody of the child's
4026 other parent, the juvenile court:
4027 (a) shall, at that time, determine whether[
4028 there is a relative or a friend who is able and willing to care for the child, which may include
4029 asking a child, who is of sufficient maturity to articulate the child's wishes in relation to a
4030 placement, if there is a relative or friend with whom the child would prefer to reside;
4031 (b) may order the division to conduct a reasonable search to determine whether[
4032
4033 appropriate, in accordance with the requirements of this [
4034 4a, Part 2, Child Welfare Services, for placement of the child;
4035 (c) shall order the parents to cooperate with the division, within five working days, to[
4036
4037 who may be able and willing to care for the child; and
4038 (d) may order that the child be placed in the temporary custody of the division pending
4039 the determination under Subsection (7)(a).
4040 [
4041
4042 [
4043 consideration shall be given to a relative's or a friend's request for placement of the child, if [
4044 the placement is in the best interest of the child, and the provisions of this section are satisfied.
4045 (b) (i) The preferential consideration that a relative or friend is initially granted under
4046 Subsection (8)(a) expires 120 days after the day on which the shelter hearing occurs.
4047 (ii) After the day on which the time period described in Subsection (8)(b)(i) expires, a
4048 relative or friend, who has not obtained custody or asserted an interest in a child, may not be
4049 granted preferential consideration by the division or the juvenile court.
4050 (c) (i) The preferential consideration that a natural parent is initially granted under
4051 Subsection (2) is limited after 120 days after the day on which the shelter hearing occurs.
4052 (ii) After the time period described in Subsection (8)(c)(i), the juvenile court shall base
4053 the juvenile court's custody decision on the best interest of the child.
4054 (iii) Before the day on which the time period described in Subsection (8)(c)(i) expires,
4055 the following order of preference shall be applied when determining the individual with whom
4056 a child will be placed, provided that the individual is willing and able to care for the child:
4057 (A) a noncustodial parent of the child;
4058 (B) a relative of the child;
4059 (C) subject to Subsection (8)(d), a friend if the friend is a licensed foster parent; and
4060 (D) other placements that are consistent with the requirements of law.
4061 (d) In determining whether a friend is a willing, able, and appropriate placement for a
4062 child, the juvenile court or the division:
4063 (i) subject to Subsections (8)(d)(ii) through (iv), shall consider the child's preferences
4064 or level of comfort with the friend;
4065 (ii) is required to consider no more than one friend designated by each parent of the
4066 child and one friend designated by the child if the child is of sufficient maturity to articulate the
4067 child's wishes in relation to a placement;
4068 (iii) may limit the number of designated friends to two, one of whom shall be a friend
4069 designated by the child if the child is of sufficient maturity to articulate the child's wishes in
4070 relation to a placement; and
4071 (iv) shall give preference to a friend designated by the child if:
4072 (A) the child is of sufficient maturity to articulate the child's wishes; and
4073 (B) the basis for removing the child under Section 80-3-301 is sexual abuse of the
4074 child.
4075 (e) (i) If a parent of the child or the child, if the child is of sufficient maturity to
4076 articulate the child's wishes in relation to a placement, is not able to designate a friend who is a
4077 licensed foster parent for placement of the child, but is able to identify a friend who is willing
4078 to become licensed as a foster parent, the department shall fully cooperate to expedite the
4079 licensing process for the friend.
4080 (ii) If the friend described in Subsection (8)(e)(i) becomes licensed as a foster parent
4081 within the time frame described in Subsection (8)(b), the juvenile court shall determine
4082 whether it is in the best interest of the child to place the child with the friend.
4083 [
4084 permanency goal is identified under Subsection (7)(a), the juvenile court shall make a specific
4085 finding regarding:
4086 (i) the fitness of that relative or friend as a placement for the child; and
4087 (ii) the safety and appropriateness of placement with [
4088 [
4089
4090 [
4091 court shall, at a minimum, order the division to:
4092 (i) if the child may be placed with a relative, conduct a background check that includes:
4093 (A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification
4094 background check of the relative;
4095 (B) a completed search, relating to the relative, of the Management Information System
4096 described in Section 62A-4a-1003; and
4097 (C) a background check that complies with the criminal background check provisions
4098 described in Section [
4099 62A-4a-209, of the child who resides in the household where the child may be placed;
4100 (ii) if the child will be placed with a noncustodial parent, complete a background check
4101 that includes:
4102 (A) the background check requirements applicable to an emergency placement with a
4103 noncustodial parent that are described in Subsections 62A-4a-209(5) and (7);
4104 (B) a completed search, relating to the noncustodial parent of the child, of the
4105 Management Information System described in Section 62A-4a-1003; and
4106 (C) a background check that complies with the criminal background check provisions
4107 described in Section [
4108 62A-4a-209, of the child who resides in the household where the child may be placed;
4109 (iii) if the child may be placed with an individual other than a noncustodial parent or a
4110 relative, conduct a criminal background check of the individual, and each adult that resides in
4111 the household where the child may be placed, that complies with the criminal background
4112 check provisions described in Section [
4113 (iv) visit the relative's or friend's home;
4114 (v) check the division's management information system for any previous reports of
4115 abuse or neglect regarding the relative or friend at issue;
4116 (vi) report the division's findings in writing to the juvenile court; and
4117 (vii) provide sufficient information so that the juvenile court may determine whether:
4118 (A) the relative or friend has any history of abusive or neglectful behavior toward other
4119 children that may indicate or present a danger to this child;
4120 (B) the child is comfortable with the relative or friend;
4121 (C) the relative or friend recognizes the parent's history of abuse and is committed to
4122 protect the child;
4123 (D) the relative or friend is strong enough to resist inappropriate requests by the parent
4124 for access to the child, in accordance with court orders;
4125 (E) the relative or friend is committed to caring for the child as long as necessary; and
4126 (F) the relative or friend can provide a secure and stable environment for the child.
4127 [
4128 division to conduct, any further investigation regarding the safety and appropriateness of the
4129 placement described in Subsection (9)(a).
4130 [
4131 placement with a relative or friend under Subsections (9)(a) and (b) as soon as practicable, in
4132 an effort to facilitate placement of the child with a relative or friend.
4133 [
4134 the temporary custody of the division, pending the division's investigation [
4135
4136 regarding the appropriateness of [
4137 (b) The juvenile court shall ultimately base the juvenile court's determination regarding
4138 the appropriateness of a placement with a relative or friend on the best interest of the child.
4139 [
4140
4141 (a) the juvenile court:
4142 (i) shall order the relative or friend [
4143 supervision of the juvenile court; and
4144 (ii) may order the division provide necessary services to the child and the child's
4145 relative or friend, including the monitoring of the child's safety and well-being;
4146 (b) the child and the relative or friend in whose custody the child is placed are under
4147 the continuing jurisdiction of the juvenile court;
4148 (c) the juvenile court may enter any order that [
4149 necessary for the protection and best interest of the child;
4150 (d) the juvenile court shall provide for reasonable parent-time with the parent or
4151 parents from whose custody the child was removed, unless parent-time is not in the best
4152 interest of the child; and
4153 (e) the juvenile court shall conduct a periodic review no less often than every six
4154 months, to determine whether:
4155 (i) placement with the relative or friend continues to be in the child's best interest;
4156 (ii) the child should be returned home; or
4157 (iii) the child should be placed in the custody of the division.
4158 [
4159 on which the child was removed from the home, the juvenile court shall schedule a hearing for
4160 the purpose of entering a permanent order in accordance with the best interest of the child.
4161 [
4162 regard to reunification efforts, apply to children placed with a relative or friend [
4163 under Subsection (7).
4164 [
4165 and the division places the child with a relative, the division shall:
4166 (i) conduct a criminal background check of the relative that complies with the criminal
4167 background check provisions described in Section [
4168 (ii) if the results of the criminal background check described in Subsection [
4169 (14)(a)(i) would prohibit the relative from having direct access to the child under Section
4170 62A-2-120, the division shall:
4171 (A) take the child into physical custody; and
4172 (B) within three days, excluding weekends and holidays, after [
4173 on which the child is taken into physical custody under Subsection [
4174 written notice to the juvenile court, and all parties to the proceedings, of the division's action.
4175 (b) [
4176 division from placing a child with a relative, pending the results of the background check
4177 described in Subsection [
4178 [
4179 custody of the child's parent and does not award custody and guardianship to another parent,
4180 relative, or friend under this section, the juvenile court shall order that the child be placed in
4181 the temporary custody of the division, to proceed to adjudication and disposition and to be
4182 provided with care and services in accordance with this chapter and Title 62A, Chapter 4a,
4183 Child and Family Services.
4184 [
4185
4186
4187
4188 [
4189
4190
4191
4192 [
4193
4194
4195
4196 [
4197 [
4198 [
4199
4200 [
4201 [
4202
4203 [
4204
4205 [
4206
4207
4208 [
4209
4210
4211 [
4212 [
4213 [
4214
4215 [
4216
4217
4218
4219 [
4220
4221 [
4222
4223
4224 [
4225 is not a parent, a relative, a friend, or a former foster parent of the child, priority shall be given
4226 to a foster placement with a married couple, unless it is in the best interests of the child to place
4227 the child with a single foster parent.
4228 [
4229
4230 religion of an individual with whom the child may be placed, unless the purpose of taking
4231 religion into account is to place the child with an individual or family of the same religion as
4232 the child.
4233 [
4234 child is of sufficient maturity to articulate the wishes in relation to the child's placement, the
4235 juvenile court shall make findings explaining why the juvenile court's decision differs from the
4236 child's wishes.
4237 (19) This section does not guarantee that an identified relative or friend will receive
4238 custody of the child.
4239 Section 73. Section 80-3-303, which is renumbered from Section 78A-6-307.5 is
4240 renumbered and amended to read:
4241 [
4242 division's temporary custody.
4243 (1) If the juvenile court awards temporary custody of a [
4244 under Section [
4245 determine ongoing placement of the [
4246 (2) In placing a [
4247 (a) except as provided in Subsections (2)(b) and (d), shall comply with the applicable
4248 background check provisions described in Section [
4249 (b) is not required to receive approval from the juvenile court before making the
4250 placement;
4251 (c) shall, within three days, excluding weekends and holidays, after [
4252
4253 and the parties to the proceedings, that the placement has been made;
4254 (d) may place the [
4255 same criteria established for an emergency placement under Section 62A-4a-209, pending the
4256 results of:
4257 (i) the background check described in Subsection [
4258 and
4259 (ii) evaluation with the noncustodial parent, relative, or friend to determine the
4260 individual's capacity to provide ongoing care to the [
4261 (e) shall take into consideration the will of the [
4262 sufficient maturity to articulate the [
4263 placement.
4264 (3) If the division's placement decision differs from a [
4265 if the [
4266 [
4267 decision differs from the [
4268 the [
4269 Section 74. Section 80-3-304, which is renumbered from Section 78A-6-301.5 is
4270 renumbered and amended to read:
4271 [
4272 neglect.
4273 (1) In cases of alleged medical neglect where the division seeks protective custody,
4274 temporary custody, or custody of the child based on the report or testimony of a physician, a
4275 parent or guardian shall have a reasonable amount of time, as determined by the juvenile court,
4276 to obtain a second medical opinion from another physician of the parent's or guardian's
4277 choosing who has expertise in the applicable field.
4278 (2) Unless there is an imminent risk of death or a deteriorating condition of the child's
4279 health, the child shall remain in the custody of the parent or guardian while the parent or
4280 guardian obtains a second medical opinion.
4281 (3) If the second medical opinion results in a different diagnosis or treatment
4282 recommendation from that of the opinion of the physician the division used, the juvenile court
4283 shall give deference to the second medical opinion as long as that opinion is reasonable and
4284 informed and is consistent with treatment that is regularly prescribed by medical experts in the
4285 applicable field.
4286 (4) Subsections (1) through (3) do not apply to emergency treatment or care when the
4287 child faces an immediate threat of death or serious and irreparable harm and when there is
4288 insufficient time to safely allow the parent or guardian to provide alternative necessary care and
4289 treatment of the parent's or guardian's choosing.
4290 Section 75. Section 80-3-305, which is renumbered from Section 78A-6-308 is
4291 renumbered and amended to read:
4292 [
4293 out-of-home placement.
4294 (1) Subject to Subsection (3), upon ordering removal of a child from the custody of the
4295 child's parent and placing that child in the temporary custody or custody of the [
4296
4297 division places a child in out-of-home care, the juvenile court shall require the completion of a
4298 nonfingerprint-based background check by the Utah Bureau of Criminal Identification
4299 regarding the proposed placement.
4300 (2) (a) Except as provided in Subsection (4), the division and the Office of Guardian ad
4301 Litem may request, or the juvenile court upon the juvenile court's own motion, may order, the
4302 Department of Public Safety to conduct a complete Federal Bureau of Investigation criminal
4303 background check through the national criminal history system (NCIC).
4304 (b) (i) Except as provided in Subsection (4), upon request by the division or the Office
4305 of Guardian ad Litem, or upon the juvenile court's order, [
4306 requirements of Subsection (1) shall submit fingerprints and shall be subject to an FBI
4307 fingerprint background check.
4308 (ii) The child may be temporarily placed, pending the outcome of [
4309 check described in Subsection (2)(b)(i).
4310 (c) (i) [
4311 investigations described in Subsection (2)(a) shall be borne by whoever is to receive placement
4312 of the child[
4313 (ii) The division may pay all or part of the cost of [
4314 in Subsection (2)(a).
4315 (3) Except as provided in Subsection (5), a child who is in the legal custody of the
4316 [
4317 parent, unless, before the child is placed with the prospective foster parent or the prospective
4318 adoptive parent:
4319 (a) a fingerprint based FBI national criminal history records check is conducted on the
4320 prospective foster parent or prospective adoptive parent and any other adult residing in the
4321 household;
4322 (b) the [
4323 neglect registry in each state where the prospective foster parent or prospective adoptive parent
4324 resided in the five years immediately [
4325 foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to
4326 determine whether the prospective foster parent or prospective adoptive parent is listed in the
4327 registry as having a substantiated or supported finding of a severe type of abuse or neglect as
4328 defined in Section 62A-4a-1002;
4329 (c) the [
4330 neglect registry of each state where each adult living in the home of the prospective foster
4331 parent or prospective adoptive parent described in Subsection (3)(b) resided in the five years
4332 immediately [
4333 adoptive parent applied to be a foster parent or adoptive parent, to determine whether the adult
4334 is listed in the registry as having a substantiated or supported finding of a severe type of abuse
4335 or neglect as defined in Section 62A-4a-1002; and
4336 (d) each [
4337 Subsection (3) passes the background check, [
4338 Section 62A-2-120.
4339 (4) Subsections (2)(a) and (b) do not apply to a child who is placed with a noncustodial
4340 parent or relative under Section 62A-4a-209, [
4341 80-3-303, unless the juvenile court finds that compliance with Subsection (2)(a) or (b) is
4342 necessary to ensure the safety of the child.
4343 (5) The requirements under Subsection (3) do not apply to the extent that:
4344 (a) federal law or rule permits otherwise; or
4345 (b) the requirements would prohibit the division or a juvenile court from placing a
4346 child with:
4347 (i) a noncustodial parent, under Section 62A-4a-209, [
4348 80-3-302, or 80-3-303; or
4349 (ii) a relative, under Section 62A-4a-209, [
4350 80-3-303, pending completion of the background check described in Subsection (3).
4351 Section 76. Section 80-3-306, which is renumbered from Section 78A-6-308.5 is
4352 renumbered and amended to read:
4353 [
4354 custody.
4355 (1) Before the division may recommend that a child who is in [
4356 custody, [
4357 parent or guardian of the child, the division shall determine whether the parent or guardian has
4358 an outstanding felony arrest warrant in any state where the parent or guardian has resided or in
4359 any state where an immediate family member of the parent or guardian resides.
4360 (2) The division shall file the results of the felony arrest warrant check with the
4361 juvenile court.
4362 (3) (a) If the parent or guardian of a child who is in [
4363 [
4364 state, the juvenile court may deny the return of the child to the custody of [
4365 guardian.
4366 (b) [
4367 court shall consider the best interest of the child [
4368 Section 77. Section 80-3-401, which is renumbered from Section 78A-6-309 is
4369 renumbered and amended to read:
4370
4371 [
4372 deadlines.
4373 (1) (a) Upon the filing of [
4374 juvenile court shall set the pretrial hearing on the petition within 15 calendar days [
4375 the later of:
4376 [
4377 [
4378 (i) the day on which the shelter hearing is held; or
4379 (ii) the day on which the abuse, neglect, or dependency petition is filed.
4380 [
4381 cause shown[
4382 (2) The final adjudication hearing shall be held no later than 60 calendar days [
4383 after the later of:
4384 [
4385 [
4386 (a) the day on which the shelter hearing is held; or
4387 (b) the day on which the abuse, neglect, or dependency petition is filed.
4388 Section 78. Section 80-3-402, which is renumbered from Section 78A-6-311 is
4389 renumbered and amended to read:
4390 [
4391 deadlines -- Scheduling of review and permanency hearing.
4392 (1) If, at the adjudication hearing, the juvenile court finds, by clear and convincing
4393 evidence, that the allegations contained in the abuse, neglect, or dependency petition are true,
4394 [
4395 (2) The dispositional hearing may be held on the same date as the adjudication hearing,
4396 but shall be held no later than 30 calendar days after the [
4397 adjudication hearing is held.
4398 (3) At the adjudication hearing or the dispositional hearing, the juvenile court shall
4399 schedule dates and times for:
4400 (a) the six-month periodic review; and
4401 (b) the permanency hearing.
4402 (4) If an abuse, neglect, or dependency petition is filed under this chapter and a petition
4403 for termination of parental rights is filed under Section 80-4-201, before the day on which a
4404 dispositional hearing is held on the abuse, neglect, or dependency petition, a party may request
4405 a hearing on whether reunification services are appropriate in accordance with the factors
4406 described in Subsections 80-3-406(5) and (7).
4407 Section 79. Section 80-3-403, which is renumbered from Section 78A-6-321 is
4408 renumbered and amended to read:
4409 [
4410 (1) Upon adjudication in the juvenile court of [
4411 charged with child abuse, child sexual abuse, or sexual exploitation of a child, the juvenile
4412 court may order treatment for the adjudicated offender [
4413 (2) [
4414 require the adjudicated offender described in Subsection (1) to pay, to the extent that [
4415 adjudicated offender is able, the costs of [
4416 in Subsection (1) and the administrative costs incurred by the division in monitoring
4417 completion of the ordered therapy or treatment.
4418 (3) If the adjudicated offender is unable to pay the full cost of treatment under
4419 Subsection (2), the juvenile court:
4420 (a) may order the [
4421 costs, to the extent that funding is provided by the Legislature for that purpose[
4422 (b) shall order the adjudicated offender [
4423 public service work as compensation for the cost of the treatment.
4424 Section 80. Section 80-3-404, which is renumbered from Section 78A-6-323 is
4425 renumbered and amended to read:
4426 [
4427 for removal from Licensing Information System -- Court records.
4428 (1) Upon the filing with the juvenile court of [
4429 petition [
4430
4431 the division has made a supported finding that [
4432 of child abuse or neglect as defined in Section 62A-4a-1002, the juvenile court shall:
4433 (a) make a finding of substantiated, unsubstantiated, or without merit;
4434 (b) include the finding described in Subsection (1)(a) in a written order; and
4435 (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
4436 (2) The [
4437 the finding described in Subsection (1):
4438 (a) as part of the adjudication hearing;
4439 (b) at the conclusion of the adjudication hearing; or
4440 (c) as part of a court order entered pursuant to a written stipulation of the parties.
4441 (3) (a) [
4442 time file with the juvenile court a petition for removal of the [
4443 the Licensing Information System.
4444 (b) At the conclusion of the hearing on the petition described in Subsection (3), the
4445 juvenile court shall:
4446 (i) make a finding of substantiated, unsubstantiated, or without merit;
4447 (ii) include the finding described in Subsection (1)(a) in a written order; and
4448 (iii) deliver a certified copy of the order described in Subsection (1)(b) to the division.
4449 (4) A proceeding for adjudication of a supported finding under this section of a type of
4450 abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined
4451 in the juvenile court with an adjudication of a severe type of child abuse or neglect.
4452 (5) If [
4453 [
4454 time that an alleged perpetrator's application for clearance to work with children or vulnerable
4455 adults is pending, the juvenile court shall hear the matter and enter a final decision no later than
4456 60 days after the [
4457 (6) For the purposes of licensing under Sections 26-39-402, 62A-1-118, and
4458 62A-2-120, and for the purposes described in Sections 26-8a-310 and 62A-2-121 and Title 26,
4459 Chapter 21, Part 2, Clearance for Direct Patient Access:
4460 (a) the juvenile court shall make available records of [
4461 under Subsections (1) and (2):
4462 (i) for those purposes; and
4463 (ii) only to [
4464 Information System created under Section 62A-4a-1006; and
4465 (b) any appellate court shall make available court records of appeals from juvenile
4466 court decisions under Subsections (1), (2), (3), and (4):
4467 (i) for those purposes; and
4468 (ii) only to [
4469 Licensing Information System.
4470 Section 81. Section 80-3-405 is enacted to read:
4471 80-3-405. Dispositions after adjudication.
4472 (1) (a) Upon adjudication under Subsection 80-3-402(1), the juvenile court may make
4473 the dispositions described in Subsection (2) at the dispositional hearing.
4474 (2) (a) (i) The juvenile court may vest custody of an abused, neglected, or dependent
4475 minor in the division or any other appropriate person, with or without court-specified child
4476 welfare services, in accordance with the requirements and procedures of this chapter.
4477 (ii) When placing a minor in the custody of the division or any other appropriate
4478 person, the juvenile court:
4479 (A) shall give primary consideration to the welfare of the minor;
4480 (B) shall give due consideration to the rights of the parent or parents concerning the
4481 minor; and
4482 (C) when practicable, may take into consideration the religious preferences of the
4483 minor and of the minor's parents or guardian.
4484 (b) (i) The juvenile court may appoint a guardian for the minor if it appears necessary
4485 in the interest of the minor.
4486 (ii) A guardian appointed under Subsection (2)(b)(i) may be a public or private
4487 institution or agency, but not a nonsecure residential placement provider, in which legal
4488 custody of the minor is vested.
4489 (iii) When placing a minor under the guardianship of an individual or of a private
4490 agency or institution, the juvenile court:
4491 (A) shall give primary consideration to the welfare of the minor; and
4492 (B) when practicable, may take into consideration the religious preferences of the
4493 minor and of the minor's parents or guardian.
4494 (c) The juvenile court may order:
4495 (i) protective supervision;
4496 (ii) family preservation;
4497 (iii) sibling visitation; or
4498 (iv) other services.
4499 (d) (i) If a minor has been placed with an individual or relative as a result of an
4500 adjudication under this chapter, the juvenile court may enter an order of permanent legal
4501 custody and guardianship with the individual or relative of the minor.
4502 (ii) If a juvenile court enters an order of permanent custody and guardianship with an
4503 individual or relative of a minor under Subsection (2)(d)(i), the juvenile court may, in
4504 accordance with Section 78A-6-356, enter an order for child support on behalf of the minor
4505 against the natural parents of the minor.
4506 (iii) An order under this Subsection (2)(d):
4507 (A) shall remain in effect until the minor is 18 years old;
4508 (B) is not subject to review under Section 78A-6-358; and
4509 (C) may be modified by petition or motion as provided in Section 78A-6-357.
4510 (e) The juvenile court may order a child be committed to the physical custody, as
4511 defined in Section 62A-15-701, of a local mental health authority, in accordance with the
4512 procedures and requirements of Title 62A, Chapter 15, Part 7, Commitment of Persons Under
4513 Age 18 to Division of Substance Abuse and Mental Health.
4514 (f) (i) If the child has an intellectual disability, the juvenile court may make an order
4515 committing a minor to the Utah State Developmental Center in accordance with Title 62A,
4516 Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with an Intellectual
4517 Disability.
4518 (ii) The juvenile court shall follow the procedure applicable in the district court with
4519 respect to judicial commitments to the Utah State Developmental Center when ordering a
4520 commitment under Subsection (2)(f)(i).
4521 (g) (i) Subject to Subsection 80-1-102(51)(b) and Section 80-3-304, the juvenile court
4522 may order that a minor:
4523 (A) be examined or treated by a mental health therapist, as described in Section
4524 80-3-109; or
4525 (B) receive other special care.
4526 (ii) For purposes of receiving the examination, treatment, or care described in
4527 Subsection (2)(g)(i), the juvenile court may place the minor in a hospital or other suitable
4528 facility that is not secure care or secure detention.
4529 (iii) In determining whether to order the examination, treatment, or care described in
4530 Subsection (2)(g)(i), the juvenile court shall consider:
4531 (A) the desires of the minor;
4532 (B) the desires of the parent or guardian of the minor if the minor is younger than 18
4533 years old; and
4534 (C) whether the potential benefits of the examination, treatment, or care outweigh the
4535 potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
4536 function impairment, or emotional or physical harm resulting from the compulsory nature of
4537 the examination, treatment, or care.
4538 (h) The juvenile court may make other reasonable orders for the best interest of the
4539 minor.
4540 (3) Upon an adjudication under this chapter, the juvenile court may not:
4541 (a) commit a minor solely on the ground of abuse, neglect, or dependency to the
4542 Division of Juvenile Justice Services;
4543 (b) assume the function of developing foster home services; or
4544 (c) vest legal custody of an abused, neglected, or dependent minor in the division to
4545 primarily address the minor's ungovernable or other behavior, mental health, or disability,
4546 unless the division:
4547 (i) engages other relevant divisions within the department that are conducting an
4548 assessment of the minor and the minor's family's needs;
4549 (ii) based on the assessment described in Subsection (3)(c)(i), determines that vesting
4550 custody of the minor in the division is the least restrictive intervention for the minor that meets
4551 the minor's needs; and
4552 (iii) consents to legal custody of the minor being vested in the division.
4553 (4) The juvenile court may combine the dispositions listed in Subsection (2) if
4554 combining the dispositions is permissible and the dispositions are compatible.
4555 Section 82. Section 80-3-406, which is renumbered from Section 78A-6-312 is
4556 renumbered and amended to read:
4557 [
4558 [
4559 [
4560 [
4561 [
4562 [
4563 [
4564 [
4565 [
4566 [
4567
4568 [
4569 [
4570 [
4571 (1) If the juvenile court orders continued removal at the dispositional hearing under
4572 Section 80-3-402, and that the minor remain in the custody of the division, the juvenile court
4573 shall first:
4574 (a) establish a primary permanency plan and a concurrent permanency plan for the
4575 minor in accordance with this section; and
4576 (b) determine whether, in view of the primary permanency plan, reunification services
4577 are appropriate for the [
4578
4579 [
4580
4581
4582
4583 [
4584
4585
4586
4587 [
4588
4589 [
4590
4591 [
4592 [
4593 [
4594
4595 [
4596
4597 [
4598 [
4599 [
4600 (2) (a) The concurrent permanency plan [
4601 (i) a representative list of the conditions under which the primary permanency plan will
4602 be abandoned in favor of the concurrent permanency plan; and
4603 (ii) an explanation of the effect of abandoning or modifying the primary permanency
4604 plan.
4605 (b) In determining the primary permanency plan and concurrent permanency plan, the
4606 juvenile court shall consider:
4607 (i) the preference for kinship placement over nonkinship placement;
4608 (ii) the potential for a guardianship placement if [
4609
4610 and
4611 (iii) the use of an individualized permanency plan, only as a last resort.
4612 [
4613
4614
4615
4616 [
4617 the establishment of a final permanency plan under Section [
4618 (b) The juvenile court is not limited to the terms of the concurrent permanency plan in
4619 the event that the primary permanency plan is abandoned.
4620 (c) If, at any time, the juvenile court determines that reunification is no longer a minor's
4621 primary permanency plan, the juvenile court shall conduct a permanency hearing in accordance
4622 with Section [
4623 (i) 30 days after the day on which the juvenile court makes the determination described
4624 in this Subsection [
4625 (ii) the day on which the provision of reunification services, described in Section
4626 [
4627 (4) (a) Because of the state's interest in and responsibility to protect and provide
4628 permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
4629 parent's interest in receiving reunification services is limited.
4630 (b) The juvenile court may determine that:
4631 (i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
4632 based on the individual circumstances; and
4633 (ii) reunification services should not be provided.
4634 (c) In determining reasonable efforts to be made with respect to a minor, and in making
4635 reasonable efforts, the juvenile court and the division shall consider the minor's health, safety,
4636 and welfare as the paramount concern.
4637 (5) There is a presumption that reunification services should not be provided to a
4638 parent if the juvenile court finds, by clear and convincing evidence, that any of the following
4639 circumstances exist:
4640 (a) the whereabouts of the parents are unknown, based upon a verified affidavit
4641 indicating that a reasonably diligent search has failed to locate the parent;
4642 (b) subject to Subsection (6)(a), the parent is suffering from a mental illness of such
4643 magnitude that the mental illness renders the parent incapable of utilizing reunification
4644 services;
4645 (c) the minor was previously adjudicated as an abused child due to physical abuse,
4646 sexual abuse, or sexual exploitation, and following the adjudication the child:
4647 (i) was removed from the custody of the minor's parent;
4648 (ii) was subsequently returned to the custody of the parent; and
4649 (iii) is being removed due to additional physical abuse, sexual abuse, or sexual
4650 exploitation;
4651 (d) the parent:
4652 (i) caused the death of another minor through abuse or neglect;
4653 (ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
4654 (A) murder or manslaughter of a minor; or
4655 (B) child abuse homicide;
4656 (iii) committed sexual abuse against the minor;
4657 (iv) is a registered sex offender or required to register as a sex offender; or
4658 (v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
4659 minor;
4660 (B) is identified by a law enforcement agency as the primary suspect in an investigation
4661 for intentionally, knowingly, or recklessly causing the death of another parent of the minor; or
4662 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4663 recklessly causing the death of another parent of the minor;
4664 (e) the minor suffered severe abuse by the parent or by any individual known by the
4665 parent if the parent knew or reasonably should have known that the individual was abusing the
4666 minor;
4667 (f) the minor is adjudicated as an abused minor as a result of severe abuse by the
4668 parent, and the juvenile court finds that it would not benefit the minor to pursue reunification
4669 services with the offending parent;
4670 (g) the parent's rights are terminated with regard to any other minor;
4671 (h) the minor was removed from the minor's home on at least two previous occasions
4672 and reunification services were offered or provided to the family at those times;
4673 (i) the parent has abandoned the minor for a period of six months or longer;
4674 (j) the parent permitted the minor to reside, on a permanent or temporary basis, at a
4675 location where the parent knew or should have known that a clandestine laboratory operation
4676 was located;
4677 (k) except as provided in Subsection (6)(b), with respect to a parent who is the minor's
4678 birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
4679 exposed to an illegal or prescription drug that was abused by the minor's mother while the
4680 minor was in utero, if the minor was taken into division custody for that reason, unless the
4681 mother agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
4682 substance use disorder treatment program approved by the department; or
4683 (l) any other circumstance that the juvenile court determines should preclude
4684 reunification efforts or services.
4685 (6) (a) The juvenile court shall base the finding under Subsection (5)(b) on competent
4686 evidence from at least two medical or mental health professionals, who are not associates,
4687 establishing that, even with the provision of services, the parent is not likely to be capable of
4688 adequately caring for the minor within 12 months after the day on which the juvenile court
4689 finding is made.
4690 (b) The juvenile court may disregard the provisions of Subsection (5)(k) if the juvenile
4691 court finds, under the circumstances of the case, that the substance use disorder treatment
4692 described in Subsection (5)(k) is not warranted.
4693 (7) In determining whether reunification services are appropriate, the juvenile court
4694 shall take into consideration:
4695 (a) failure of the parent to respond to previous services or comply with a previous child
4696 and family plan;
4697 (b) the fact that the minor was abused while the parent was under the influence of
4698 drugs or alcohol;
4699 (c) any history of violent behavior directed at the minor or an immediate family
4700 member;
4701 (d) whether a parent continues to live with an individual who abused the minor;
4702 (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
4703 (f) testimony by a competent professional that the parent's behavior is unlikely to be
4704 successful; and
4705 (g) whether the parent has expressed an interest in reunification with the minor.
4706 (8) If, under Subsections (5)(b) through (l), the juvenile court does not order
4707 reunification services, a permanency hearing shall be conducted within 30 days in accordance
4708 with Section 80-3-409.
4709 (9) (a) Subject to Subsections (9)(b) and (c), if the juvenile court determines that
4710 reunification services are appropriate for the minor and the minor's family, the juvenile court
4711 shall provide for reasonable parent-time with the parent or parents from whose custody the
4712 minor was removed, unless parent-time is not in the best interest of the minor.
4713 (b) Parent-time is in the best interests of a minor unless the juvenile court makes a
4714 finding that it is necessary to deny parent-time in order to:
4715 (i) protect the physical safety of the minor;
4716 (ii) protect the life of the minor; or
4717 (iii) prevent the minor from being traumatized by contact with the parent due to the
4718 minor's fear of the parent in light of the nature of the alleged abuse or neglect.
4719 (c) Notwithstanding Subsection (9)(a), a juvenile court may not deny parent-time based
4720 solely on a parent's failure to:
4721 (i) prove that the parent has not used legal or illegal substances; or
4722 (ii) comply with an aspect of the child and family plan that is ordered by the juvenile
4723 court.
4724 [
4725 appropriate, the juvenile court shall order that the division make reasonable efforts to provide
4726 services to the minor and the minor's parent for the purpose of facilitating reunification of the
4727 family, for a specified period of time.
4728 (b) In providing the services described in Subsection [
4729 juvenile court and the division shall consider the minor's health, safety, and welfare [
4730
4731 (11) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or
4732 severe neglect are involved:
4733 (a) the juvenile court does not have any duty to order reunification services; and
4734 (b) the division does not have a duty to make reasonable efforts to or in any other way
4735 attempt to provide reunification services or attempt to rehabilitate the offending parent or
4736 parents.
4737 (12) (a) The juvenile court shall:
4738 (i) determine whether the services offered or provided by the division under the child
4739 and family plan constitute [
4740 (ii) determine and define the responsibilities of the parent under the child and family
4741 plan in accordance with Subsection 62A-4a-205(6)(e); and
4742 (iii) identify verbally on the record, or in a written document provided to the parties,
4743 the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
4744 determination regarding the provision of reasonable efforts, in accordance with state and
4745 federal law.
4746 (b) If the parent is in a substance use disorder treatment program, other than a certified
4747 drug court program, the juvenile court may order the parent:
4748 (i) [
4749 in addition to the testing recommended by the parent's substance use disorder program based
4750 on a finding of reasonable suspicion that the parent is abusing drugs or alcohol; and
4751 (ii) [
4752 recommended by the substance use disorder program to the juvenile court or division.
4753 (13) (a) The time period for reunification services may not exceed 12 months from the
4754 [
4755 time period is extended under Subsection [
4756 (b) Nothing in this section may be construed to entitle any parent to an entire 12
4757 months of reunification services.
4758 (14) (a) If reunification services are ordered, the juvenile court may terminate those
4759 services at any time.
4760 (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
4761 to be inconsistent with the final permanency plan for the minor established [
4762 Section [
4763 (i) place the minor in accordance with the final permanency plan; and
4764 (ii) complete whatever steps are necessary to finalize the permanent placement of the
4765 minor.
4766 (15) Any physical custody of the minor by the parent or a relative during the period
4767 described in Subsections [
4768 (16) (a) If reunification services are ordered, [
4769
4770 [
4771 day on which the time period for reunification services expires.
4772 (b) The permanency hearing shall be held no later than 12 months after the original
4773 removal of the minor.
4774 (c) If reunification services are not ordered, a permanency hearing shall be conducted
4775 within 30 days[
4776 (17) With regard to a minor in the custody of the division whose parent or parents are
4777 ordered to receive reunification services but who have abandoned that minor for a period of six
4778 months from the [
4779 (a) the juvenile court shall terminate reunification services; and
4780 (b) the division shall petition the juvenile court for termination of parental rights.
4781 [
4782
4783
4784 [
4785 [
4786 [
4787 separated from a sibling due to foster care or adoptive placement, a juvenile court may order
4788 sibling visitation, subject to the division obtaining consent from the sibling's legal guardian,
4789 according to the juvenile court's determination of the best interests of the [
4790 whom the hearing is held.
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 [
4854
4855
4856 [
4857
4858 [
4859
4860 [
4861
4862 [
4863
4864 [
4865 [
4866
4867 [
4868
4869 [
4870 [
4871
4872 within six months after the day on which the out-of-home placement of the minor is made, the
4873 juvenile court may order the division to provide reunification services.
4874 (b) The time limits described in [
4875 tolled by the parent's absence.
4876 [
4877 order reasonable services unless the juvenile court determines that those services would be
4878 detrimental to the minor.
4879 (b) In making the determination described in Subsection [
4880 court shall consider:
4881 (i) the age of the minor;
4882 (ii) the degree of parent-child bonding;
4883 (iii) the length of the sentence;
4884 (iv) the nature of the treatment;
4885 (v) the nature of the crime or illness;
4886 (vi) the degree of detriment to the minor if services are not offered;
4887 (vii) for a minor who is 10 years old or older, the minor's attitude toward the
4888 implementation of family reunification services; and
4889 (viii) any other appropriate factors.
4890 (c) Reunification services for an incarcerated parent are subject to the time limitations
4891 imposed in [
4892 (d) Reunification services for an institutionalized parent are subject to the time
4893 limitations imposed in [
4894 determines that continued reunification services would be in the minor's best interest.
4895 [
4896
4897
4898 Section 83. Section 80-3-407, which is renumbered from Section 78A-6-313 is
4899 renumbered and amended to read:
4900 [
4901 regarding reasonable efforts by the division and parental compliance with child and
4902 family plan requirements.
4903 If reunification efforts have been ordered by the juvenile court under Section 80-3-406,
4904 [
4905 [
4906 home, in order for the juvenile court to determine whether:
4907 (1) the division has provided and is providing [
4908 to reunify [
4909 Section 62A-4a-205; and
4910 (2) the parent has fulfilled or is fulfilling identified duties and responsibilities in order
4911 to comply with the requirements of the child and family plan.
4912 Section 84. Section 80-3-408, which is renumbered from Section 78A-6-315 is
4913 renumbered and amended to read:
4914 [
4915 (1) At least every six months, the division or the juvenile court shall conduct a periodic
4916 review of the status of each [
4917 terminates the division's custody of the [
4918 (2) (a) The juvenile court or the division shall conduct the review described in
4919 Subsection (1) [
4920 system described in 42 U.S.C. Section 675.
4921 (b) If a review described in Subsection (1) is conducted by the division, the division
4922 shall:
4923 (i) conduct the review in accordance with the administrative review requirements of 42
4924 U.S.C. Section 675; and
4925 (ii) to the extent practicable, involve volunteer citizens in the administrative review
4926 process.
4927 (3) (a) Within 30 days after [
4928 Subsection (1) that is conducted by the division is completed, the division shall:
4929 (i) submit a copy of [
4930 made a part of the juvenile court's legal file; and
4931 (ii) provide a copy of the dispositional report to each party in the case to which the
4932 review relates.
4933 (b) The juvenile court shall receive and review each dispositional report submitted
4934 under Subsection (3)(a)(i) in the same manner as the juvenile court receives and reviews a
4935 report described in Section [
4936 (c) If a report submitted under Subsection (3)(a)(i) is determined to be an ex parte
4937 communication with a judge, the report [
4938 law.
4939 [
4940
4941
4942
4943 Section 85. Section 80-3-409, which is renumbered from Section 78A-6-314 is
4944 renumbered and amended to read:
4945 [
4946 termination of parental rights filed -- Hearing on termination of parental rights.
4947 (1) (a) [
4948
4949 of the [
4950 division, the juvenile court shall hold a permanency hearing no later than 12 months after the
4951 day on which the minor [
4952 (b) If reunification services [
4953 juvenile court shall hold a permanency hearing [
4954 which the dispositional hearing ends.
4955 (2) (a) If reunification services [
4956 Section [
4957 consistent with Subsection (3), whether the minor may safely be returned to the custody of the
4958 minor's parent.
4959 (b) If the juvenile court finds, by a preponderance of the evidence, that return of the
4960 minor to the minor's parent would create a substantial risk of detriment to the minor's physical
4961 or emotional well-being, the minor may not be returned to the custody of the minor's parent.
4962 (c) Prima facie evidence that return of the minor to a parent or guardian would create a
4963 substantial risk of detriment to the minor is established if:
4964 (i) the parent or guardian fails to:
4965 (A) participate in a court approved child and family plan;
4966 (B) comply with a court approved child and family plan in whole or in part; or
4967 (C) meet the goals of a court approved child and family plan; or
4968 (ii) the minor's natural parent:
4969 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
4970 minor;
4971 (B) is identified by a law enforcement agency as the primary suspect in an investigation
4972 for intentionally, knowingly, or recklessly causing the death of another parent of the minor; or
4973 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4974 recklessly causing the death of another parent of the minor.
4975 (3) In making a determination under Subsection (2)(a), the juvenile court shall:
4976 (a) review and consider:
4977 [
4978 [
4979 offered by the minor's attorney guardian ad litem;
4980 [
4981 80-3-408(3)(a)(i);
4982 [
4983 and
4984 [
4985 and
4986 (b) attempt to keep the minor's sibling group together if keeping the sibling group
4987 together is:
4988 (i) practicable; and
4989 (ii) in accordance with the best interest of the minor.
4990 (4) With regard to a case where reunification services [
4991 juvenile court, if a minor is not returned to the minor's parent or guardian at the permanency
4992 hearing, the juvenile court shall, unless the time for the provision of reunification services is
4993 extended under Subsection (7):
4994 (a) order termination of reunification services to the parent;
4995 (b) make a final determination regarding whether termination of parental rights,
4996 adoption, or permanent custody and guardianship is the most appropriate final plan for the
4997 minor, taking into account the minor's primary permanency plan established by the juvenile
4998 court [
4999 (c) in accordance with Subsection 80-3-406(2), establish a concurrent permanency plan
5000 that identifies the second most appropriate final plan for the minor, if appropriate.
5001 (5) The juvenile court may order another planned permanent living arrangement other
5002 than reunification for a minor who is 16 years old or older upon entering the following
5003 findings:
5004 (a) the [
5005 ongoing, and unsuccessful efforts to reunify the minor with the minor's parent or parents, or to
5006 secure a placement for the minor with a guardian, an adoptive parent, or an individual
5007 described in Subsection [
5008 (b) the [
5009 division has made efforts to normalize the life of the minor while in the division's custody, in
5010 accordance with Sections 62A-4a-210 through 62A-4a-212;
5011 (c) the minor prefers another planned permanent living arrangement; and
5012 (d) there is a compelling reason why reunification or a placement described in
5013 Subsection (5)(a) is not in the minor's best interest.
5014 (6) Except as provided in Subsection (7), the juvenile court may not extend
5015 reunification services beyond 12 months after the day on which the minor [
5016 removed from the minor's home, in accordance with the provisions of Section [
5017 80-3-406.
5018 (7) (a) Subject to Subsection (7)(b), the juvenile court may extend reunification
5019 services for no more than 90 days if the juvenile court finds, beyond a preponderance of the
5020 evidence, that:
5021 (i) there has been substantial compliance with the child and family plan;
5022 (ii) reunification is probable within that 90-day period; and
5023 (iii) the extension is in the best interest of the minor.
5024 (b) (i) Except as provided in Subsection (7)(c), the juvenile court may not extend any
5025 reunification services beyond 15 months after the day on which the minor [
5026 removed from the minor's home.
5027 (ii) Delay or failure of a parent to establish paternity or seek custody does not provide a
5028 basis for the juvenile court to extend services for [
5029 described in Subsection (6).
5030 (c) In accordance with Subsection (7)(d), the juvenile court may extend reunification
5031 services for one additional 90-day period, beyond the 90-day period described in Subsection
5032 (7)(a), if:
5033 (i) the juvenile court finds, by clear and convincing evidence, that:
5034 (A) the parent has substantially complied with the child and family plan;
5035 (B) it is likely that reunification will occur within the additional 90-day period; and
5036 (C) the extension is in the best interest of the minor;
5037 (ii) the juvenile court specifies the facts upon which the findings described in
5038 Subsection (7)(c)(i) are based; and
5039 (iii) the juvenile court specifies the time period in which it is likely that reunification
5040 will occur.
5041 (d) A juvenile court may not extend the time period for reunification services without
5042 complying with the requirements of this Subsection (7) before the extension.
5043 (e) In determining whether to extend reunification services for a minor, a juvenile court
5044 shall take into consideration the status of the minor siblings of the minor.
5045 (8) The juvenile court may, in [
5046 (a) enter any additional order that [
5047 interest of the minor, so long as that order does not conflict with the requirements and
5048 provisions of Subsections (4) through (7); or
5049 (b) order the division to provide protective supervision or other services to a minor and
5050 the minor's family after the division's custody of a minor [
5051 (9) (a) If the final plan for the minor is to proceed toward termination of parental
5052 rights, the petition for termination of parental rights shall be filed, and a pretrial held, within 45
5053 calendar days after the day on which the permanency hearing is held.
5054 (b) If the division opposes the plan to terminate parental rights, the juvenile court may
5055 not require the division to file a petition for the termination of parental rights, except as
5056 required under Subsection [
5057 (10) (a) Any party to an action may, at any time, petition the juvenile court for an
5058 expedited permanency hearing on the basis that continuation of reunification efforts are
5059 inconsistent with the permanency needs of the minor.
5060 (b) If the juvenile court so determines, [
5061 with federal law, that:
5062 (i) the minor be placed in accordance with the permanency plan; and
5063 (ii) whatever steps are necessary to finalize the permanent placement of the minor be
5064 completed as quickly as possible.
5065 (11) Nothing in this section may be construed to:
5066 (a) entitle any parent to reunification services for any specified period of time;
5067 (b) limit a juvenile court's ability to terminate reunification services at any time before
5068 a permanency hearing; or
5069 (c) limit or prohibit the filing of a petition for termination of parental rights by any
5070 party, or a hearing on termination of parental rights, at any time [
5071 hearing provided that relative placement and custody options have been fairly considered in
5072 accordance with Sections 62A-4a-201 and [
5073 (12) (a) Subject to Subsection (12)(b), if a petition for termination of parental rights is
5074 filed [
5075 consolidate the hearing on termination of parental rights with the permanency hearing.
5076 (b) For purposes of Subsection (12)(a), if the juvenile court consolidates the hearing on
5077 termination of parental rights with the permanency hearing:
5078 (i) the juvenile court shall first make a finding regarding whether reasonable efforts
5079 have been made by the [
5080 permanency plan for the minor; and
5081 (ii) any reunification services shall be terminated in accordance with the time lines
5082 described in Section [
5083 (c) [
5084 parental rights [
5085 initially removed from the minor's home.
5086 (13) If a juvenile court determines that a minor will not be returned to a parent of the
5087 minor, the juvenile court shall consider appropriate placement options inside and outside of the
5088 state.
5089 (14) (a) [
5090 older desires an opportunity to address the juvenile court or testify regarding permanency or
5091 placement, the juvenile court shall give the minor's wishes added weight, but may not treat the
5092 minor's wishes as the single controlling factor under this section.
5093 (b) If the juvenile court's decision under this section differs from a minor's express
5094 wishes if the minor is of sufficient maturity to articulate the wishes in relation to permanency
5095 or the minor's placement, the juvenile court shall make findings explaining why the juvenile
5096 court's decision differs from the minor's wishes.
5097 Section 86. Section 80-3-501, which is renumbered from Section 78A-6-311.5 is
5098 renumbered and amended to read:
5099
5100 [
5101 program -- Review hearings.
5102 (1) As used in this section:
5103 (a) "Qualified individual" means the same as that term is defined in 42 U.S.C. Sec.
5104 675a.
5105 (b) "Qualified residential treatment program" means the same as that term is defined in
5106 42 U.S.C. Sec. 672.
5107 (2) Within 60 days [
5108 qualified residential treatment program under this chapter or Chapter 6, Juvenile Justice, the
5109 juvenile court shall:
5110 (a) review the assessment, determination, and documentation made by a qualified
5111 individual regarding the [
5112 (b) determine whether the needs of the [
5113 foster home;
5114 (c) if the [
5115 determine whether:
5116 (i) placement of the [
5117 the most effective and appropriate level of care for the [
5118 environment; and
5119 (ii) placement in a qualified residential treatment program is consistent with the
5120 short-term and long-term goals for the [
5121 the [
5122 (d) approve or disapprove of the [
5123 treatment program.
5124 (3) As long as a [
5125 program, the juvenile court shall review the placement decision at each subsequent review and
5126 permanency hearing held with respect to the [
5127 (4) When the juvenile court conducts a review described in Subsection (3), the juvenile
5128 court shall review evidence submitted by the custodial division to:
5129 (a) demonstrate an ongoing assessment of the strengths and needs of the [
5130 such that the [
5131 (b) demonstrate that placement in a qualified residential treatment program provides
5132 the most effective and appropriate level of care for the [
5133 environment;
5134 (c) demonstrate that placement in the qualified residential treatment program is
5135 consistent with the short-term and long-term goals for the [
5136 permanency plan for the [
5137 (d) document the specific treatment or service needs that will be met for the [
5138 minor in the placement;
5139 (e) document the length of time the [
5140 services; and
5141 (f) document the efforts made by the custodial division to prepare the [
5142 return home or transition to another setting, such as with a relative, with a friend of the [
5143 minor, with a [
5144 Section 87. Section 80-3-502, which is renumbered from Section 78A-6-318 is
5145 renumbered and amended to read:
5146 [
5147 standing.
5148 (1) With regard to a [
5149
5150 who has been placed in foster care with a foster family, the Legislature finds that:
5151 (a) except with regard to the [
5152 limited but recognized interest in its familial relationship with the [
5153 (b) [
5154 in foster care placements with little or no documentation, and that numerous studies of child
5155 growth and development emphasize the importance of stability in foster care living
5156 arrangements.
5157 (2) For the reasons described in Subsection (1), the Legislature finds that, except with
5158 regard to the [
5159 provided to a foster family prior to removal of a foster [
5160 (3) (a) A foster parent who has had a foster [
5161 12 months or longer may petition the juvenile court for a review and determination of the
5162 appropriateness of a decision by the [
5163 remove the [
5164 (i) returning the [
5165 guardian;
5166 (ii) immediately placing the [
5167 (iii) placing the [
5168 who obtained custody or asserted an interest in the [
5169 described in Subsection [
5170 (iv) placing an Indian child in accordance with [
5171 and other requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.
5172 (b) The foster parent may petition the juvenile court under this section without
5173 exhausting administrative remedies within the division.
5174 (c) The juvenile court may order the division to place the [
5175 home, and shall base [
5176 minor.
5177 (4) The requirements of this section do not apply to the removal of a [
5178 based on a foster parent's request for that removal.
5179 Section 88. Section 80-3-503 is enacted to read:
5180 80-3-503. Minor's petition for removal from division custody -- Reentering
5181 division custody.
5182 (1) (a) A minor who is 18 years old or older, but younger than 21 years old, may
5183 petition the juvenile court to express the minor's desire to have the minor be removed from the
5184 custody of the division if the minor is in the division's custody on grounds of abuse, neglect, or
5185 dependency.
5186 (b) If the minor's parent's rights have not been terminated in accordance with Chapter
5187 4, Termination and Restoration of Parental Rights, the minor's petition described in Subsection
5188 (1)(a) shall contain a statement from the minor's parent or guardian agreeing that the minor
5189 should be removed from the custody of the division.
5190 (c) The minor and the minor's parent or guardian shall sign the petition described in
5191 Subsection (1)(a).
5192 (2) The juvenile court shall:
5193 (a) review the petition described in Subsection (1)(a) within 14 days after the day on
5194 which the petition is filed; and
5195 (b) remove the minor from the custody of the division if:
5196 (i) the requirements under Subsections (1)(b) and (c) are met; and
5197 (ii) the court finds, based on input from the division, the minor's attorney guardian ad
5198 litem, and the Office of the Attorney General, that the minor does not pose an imminent threat
5199 to self or others.
5200 (3) (a) A minor removed from custody of the division under this section may, within 90
5201 days after the day on which the minor is removed from custody of the division, petition the
5202 court to re-enter custody of the division.
5203 (b) Upon receiving a petition described in Subsection (3)(a), the juvenile court shall
5204 order the division to take custody of the minor based on the findings the juvenile court entered
5205 when the juvenile court originally vested custody of the minor in the division.
5206 Section 89. Section 80-4-101, which is renumbered from Section 78A-6-501 is
5207 renumbered and amended to read:
5208
5209
5210 [
5211 This [
5212 "Termination and Restoration of Parental Rights."
5213 Section 90. Section 80-4-102, which is renumbered from Section 78A-6-502 is
5214 renumbered and amended to read:
5215 [
5216 As used in this chapter:
5217 (1) "Division" means the Division of Child and Family Services [
5218
5219 (2) "Failure of parental adjustment" means that a parent or parents are unable or
5220 unwilling within a reasonable time to substantially correct the circumstances, conduct, or
5221 conditions that led to placement of their child outside of their home, notwithstanding
5222 reasonable and appropriate efforts made by the [
5223 division to return the child to [
5224 [
5225
5226
5227
5228
5229 (3) "Former parent" means an individual whose legal parental rights were terminated
5230 under this chapter.
5231 (4) "Petition to restore parental rights" means a petition filed in accordance with this
5232 chapter to restore the rights of a parent with regard to a child.
5233 (5) "Petition for termination of parental rights" means a petition filed in accordance
5234 with this chapter to terminate the parental rights of a parent.
5235 (6) "Temporary custody" means the same as that term is defined in Section
5236 62A-4a-101.
5237 Section 91. Section 80-4-103 is enacted to read:
5238 80-4-103. Nature of the proceedings -- Rules of procedure -- Burden of proof.
5239 (1) The proceedings under this chapter are civil in nature and are governed by the Utah
5240 Rules of Civil Procedure and the Utah Rules of Juvenile Procedure.
5241 (2) The juvenile court shall:
5242 (a) in all cases filed under this chapter require the petitioner to establish the facts by
5243 clear and convincing evidence;
5244 (b) give full and careful consideration to all of the evidence presented with regard to
5245 the constitutional rights and claims of the parent; and
5246 (c) if a parent is found, by reason of the parent's conduct or condition, to be unfit or
5247 incompetent based upon any of the grounds for termination described in this chapter, consider
5248 the welfare and best interest of the child of paramount importance in determining whether to
5249 terminate parental rights.
5250 Section 92. Section 80-4-104, which is renumbered from Section 78A-6-503 is
5251 renumbered and amended to read:
5252 [
5253 incompetent -- Best interest of child.
5254 (1) Under both the United States Constitution and the constitution of this state, a parent
5255 possesses a fundamental liberty interest in the care, custody, and management of the parent's
5256 child. For this reason, the termination of family ties by the state may only be done for
5257 compelling reasons.
5258 (2) The juvenile court shall provide a fundamentally fair process to a parent if a party
5259 moves to terminate the parent's parental rights.
5260 (3) If the party moving to terminate parental rights is a governmental entity, the
5261 juvenile court shall find that any actions or allegations made in opposition to the rights and
5262 desires of a parent regarding the parent's child are supported by sufficient evidence to satisfy a
5263 parent's constitutional entitlement to heightened protection against government interference
5264 with the parent's fundamental rights and liberty interests.
5265 (4) (a) The fundamental liberty interest of a parent concerning the care, custody, and
5266 management of the parent's child is recognized, protected, and does not cease to exist simply
5267 because:
5268 (i) a parent may fail to be a model parent; or
5269 (ii) the parent's child is placed in the temporary custody of the state.
5270 (b) The juvenile court should give serious consideration to the fundamental right of a
5271 parent to rear the parent's child, and concomitantly, of the right of the child to be reared by the
5272 child's natural parent.
5273 (5) At all times, a parent retains a vital interest in preventing the irretrievable
5274 destruction of family life.
5275 (6) [
5276 parent and a parent's child may not exceed the least restrictive means or alternatives available
5277 to accomplish a compelling state interest.
5278 (7) Until parental unfitness is established and the children suffer, or are substantially
5279 likely to suffer, serious detriment as a result, the child and the child's parent share a vital
5280 interest in preventing erroneous termination of their relationship and the juvenile court may not
5281 presume that a child and the child's parents are adversaries.
5282 (8) It is in the best interest and welfare of a child to be raised under the care and
5283 supervision of the child's natural parents. A child's need for a normal family life in a permanent
5284 home, and for positive, nurturing family relationships is usually best met by the child's natural
5285 parents. Additionally, the integrity of the family unit and the right of parents to conceive and
5286 raise their children are constitutionally protected. For these reasons, the juvenile court should
5287 only transfer custody of a child from the child's natural parent for compelling reasons and when
5288 there is a jurisdictional basis to do so.
5289 (9) The right of a fit, competent parent to raise the parent's child without undue
5290 government interference is a fundamental liberty interest that has long been protected by the
5291 laws and Constitution of this state and of the United States, and is a fundamental public policy
5292 of this state.
5293 (10) (a) The state recognizes that:
5294 (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
5295 train, educate, provide for, and reasonably discipline the parent's child; and
5296 (ii) the state's role is secondary and supportive to the primary role of a parent.
5297 (b) It is the public policy of this state that a parent retain the fundamental right and duty
5298 to exercise primary control over the care, supervision, upbringing, and education of the parent's
5299 child.
5300 (c) The interests of the state favor preservation and not severance of natural familial
5301 bonds in situations where a positive, nurturing parent-child relationship can exist, including
5302 extended family association and support.
5303 (11) This [
5304 severance of the parent-child relationship, designed to safeguard the rights and interests of all
5305 parties concerned and promote their welfare and that of the state.
5306 (12) (a) Wherever possible, family life should be strengthened and preserved, but if a
5307 parent is found, by reason of the parent's conduct or condition, to be unfit or incompetent based
5308 upon any of the grounds for termination described in this part, the juvenile court shall then
5309 consider the welfare and best interest of the child of paramount importance in determining
5310 whether termination of parental rights shall be ordered.
5311 (b) In determining whether termination is in the best interest of the child, and in
5312 finding that termination of parental rights, from the child's point of view, is strictly necessary,
5313 the juvenile court shall consider, among other relevant factors, whether:
5314 (i) sufficient efforts were dedicated to reunification in accordance with [
5315
5316 (ii) the efforts to place the child with kin who have, or are willing to come forward to
5317 care for the child, were given due weight.
5318 Section 93. Section 80-4-105, which is renumbered from Section 78A-6-513 is
5319 renumbered and amended to read:
5320 [
5321 (1) An order for the termination of [
5322 divests the child and the parents of all legal rights, powers, immunities, duties, and obligations
5323 with respect to each other, except the right of the child to inherit from the parent.
5324 (2) An order or decree entered [
5325 disentitle a child to any benefit due [
5326
5327 (3) Except as provided in Sections [
5328 80-4-402, after the termination of [
5329 the former parent:
5330 (a) is [
5331 [
5332 (b) does not have any right to object to the adoption or to participate in any other
5333 placement proceedings.
5334 (4) An order permanently terminating the rights of a parent, guardian, or custodian
5335 does not expire with termination of the jurisdiction of the juvenile court.
5336 Section 94. Section 80-4-106 is enacted to read:
5337 80-4-106. Individuals entitled to be present at proceedings -- Legal representation
5338 -- Attorney general responsibilities.
5339 (1) (a) The juvenile court shall admit any individual to a hearing unless the juvenile
5340 court makes a finding upon the record that the individual's presence at the hearing would:
5341 (i) be detrimental to the best interest of a child who is a party to the proceeding;
5342 (ii) impair the fact-finding process; or
5343 (iii) be otherwise contrary to the interests of justice.
5344 (b) The juvenile court may exclude an individual from a hearing under Subsection
5345 (1)(a) on the juvenile court's own motion or by motion of a party to the proceeding.
5346 (2) (a) The parties shall be advised of the parties' right to counsel, including the
5347 appointment of counsel for a parent or legal guardian facing any action initiated by a private
5348 party under this chapter or under Section 78B-6-112 for termination of parental rights.
5349 (b) If a parent or guardian is the subject of a petition for the termination of parental
5350 rights, the juvenile court shall:
5351 (i) appoint an indigent defense service provider for a parent or guardian determined to
5352 be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
5353 Counsel; and
5354 (ii) order indigent defense services for the parent or legal guardian who is determined
5355 to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
5356 Counsel.
5357 (c) In any action under this chapter, a guardian ad litem, as defined in Section
5358 78A-2-801, shall represent the child in accordance with Sections 78A-2-803 and 80-3-104.
5359 (d) A guardian ad litem, as defined in Section 78A-2-801, shall represent the child in
5360 other actions initiated under this chapter when appointed by the juvenile court under Section
5361 78A-2-803 or as otherwise provided by law.
5362 (3) Subject to the attorney general's prosecutorial discretion in civil enforcement
5363 actions, the attorney general shall, in accordance with Section 62A-4a-113, enforce all
5364 provisions of this chapter and Title 62A, Chapter 4a, Child and Family Services, relating to the
5365 termination of parental rights.
5366 Section 95. Section 80-4-107 is enacted to read:
5367 80-4-107. Record of Proceedings -- Written reports and other materials --
5368 Statements of a child.
5369 (1) As used in this section, "record of a proceeding" means the same as that term is
5370 defined in Section 80-3-106.
5371 (2) A record of a proceeding under this chapter:
5372 (a) shall be taken in accordance with Section 80-3-106; and
5373 (b) may be requested for release as described in Section 80-3-106.
5374 (3) (a) For purposes of determining proper disposition of a child in hearings upon a
5375 petition for termination of parental rights, written reports and other material relating to the
5376 minor's mental, physical, and social history and condition may be:
5377 (i) received in evidence; and
5378 (ii) considered by the court along with other evidence.
5379 (b) The court may require that an individual who wrote a report or prepared the
5380 material under Subsection (3)(a) to appear as a witness if the individual is reasonably available.
5381 (4) For the purpose of establishing abuse, neglect, or dependency under this chapter,
5382 the juvenile court may, in the juvenile court's discretion, consider evidence of statements made
5383 by a child under eight years old to an individual in a trust relationship.
5384 Section 96. Section 80-4-108, which is renumbered from Section 78A-6-515 is
5385 renumbered and amended to read:
5386 [
5387 proceedings.
5388 [
5389
5390
5391 [
5392 health therapist, as defined in Section 58-60-102, [
5393 qualified[
5394 (a) evaluate the mental health of, or provide mental health services to, the child; or
5395 (b) after notice and a hearing set for the specific purpose, evaluate the mental health of
5396 a parent, or provide mental health services to a parent, if the juvenile court finds from the
5397 evidence presented at the hearing that the parent's mental or emotional condition may be a
5398 factor in the parent's unfitness.
5399 (2) The juvenile court:
5400 [
5401 the reason that the therapist's recommendations in another case [
5402 follow the recommendations of the [
5403 Office of Guardian Ad Litem; and
5404 [
5405 the selection of a mental health therapist.
5406 (3) In a proceeding under this chapter, the juvenile court may appoint a physician, or a
5407 physician assistant, who the court finds to be qualified to:
5408 (a) physically examine the child; or
5409 (b) after notice and a hearing set for a specific purpose, physically examine the parent
5410 if the juvenile court finds from the evidence presented at the hearing that the parent's physical
5411 condition may be a factor in causing the parent's unfitness.
5412 (4) The division shall, with regard to a child in the division's custody:
5413 (a) take reasonable measures to notify a parent of any non-emergency health treatment
5414 or care scheduled for a child;
5415 (b) include the parent as fully as possible in making health care decisions for the child;
5416 (c) defer to the parent's reasonable and informed decisions regarding the child's health
5417 care to the extent that the child's health and well-being are not unreasonably compromised by
5418 the parent's decision; and
5419 (d) notify the parent of the child within five business days after the day on which the
5420 child receives emergency health care or treatment.
5421 (5) An examination conducted in accordance with Subsection (1) or (2) is not a
5422 privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from
5423 the general rule of privilege.
5424 [
5425 involving:
5426 (a) parents and children; or
5427 [
5428 (b) the division.
5429 Section 97. Section 80-4-109 is enacted to read:
5430 80-4-109. Consideration of cannabis during proceedings.
5431 (1) As used in this section:
5432 (a) "Cannabis" means the same as that term is defined in Section 26-61a-102.
5433 (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
5434 (c) (i) "Chronic" means repeated or patterned.
5435 (ii) "Chronic" does not mean an isolated incident.
5436 (d) "Directions of use" means the same as that term is defined in Section 26-61a-102.
5437 (e) "Dosing guidelines" means the same as that term is defined in Section 26-61a-102.
5438 (f) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
5439 (g) "Medical cannabis cardholder" means the same as that term is defined in Section
5440 26-61a-102.
5441 (h) "Qualified medical provider" means the same as that term is defined in Section
5442 26-61a-102.
5443 (2) In a proceeding under this chapter in which the juvenile court makes a finding,
5444 determination, or otherwise considers an individual's possession or use of medical cannabis, a
5445 cannabis product, or a medical cannabis device, the juvenile court may not consider or treat the
5446 individual's possession or use any differently than the lawful possession or use of any
5447 prescribed controlled substance if:
5448 (a) the individual's possession or use complies with Title 4, Chapter 41a, Cannabis
5449 Production Establishments;
5450 (b) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or
5451 (c) (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah
5452 Medical Cannabis Act; and
5453 (ii) the individual reasonably complies with the directions of use and dosing guidelines
5454 determined by the individual's qualified medical provider or through a consultation described
5455 in Subsection 26-61a-502(4) or (5).
5456 (3) In a proceeding under this chapter, a parent's or guardian's use of cannabis or a
5457 cannabis product is not abuse or neglect of a child unless there is evidence showing that:
5458 (a) the child is harmed because of the child's inhalation or ingestion of cannabis, or
5459 because of cannabis being introduced to the child's body in another manner; or
5460 (b) the child is at an unreasonable risk of harm because of chronic inhalation or
5461 ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner.
5462 (4) Unless there is harm or an unreasonable risk of harm to the child as described in
5463 Subsection (3), a parent's or guardian's use of medical cannabis or a cannabis product is not
5464 contrary to the best interests of a child if:
5465 (a) for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's
5466 possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act, and there
5467 is no evidence that the parent's or guardian's use of medical cannabis unreasonably deviates
5468 from the directions of use and dosing guidelines determined by the parent's or guardian's
5469 qualified medical provider or through a consultation described in Subsection 26-61a-502(4) or
5470 (5); or
5471 (b) before January 1, 2021, the parent's or guardian's possession or use complies with
5472 Subsection 58-37-3.7(2) or (3).
5473 (5) Subsection (3) does not prohibit a finding of abuse or neglect of a child and
5474 Subsection (3) does not prohibit a finding that a parent's or guardian's use of medical cannabis
5475 or a cannabis product is contrary to the best interests of a child, if there is evidence showing a
5476 nexus between the parent's or guardian's use of cannabis or a cannabis product and behavior
5477 that would separately constitute abuse or neglect of the child.
5478 Section 98. Section 80-4-201, which is renumbered from Section 78A-6-504 is
5479 renumbered and amended to read:
5480
5481 [
5482 (1) Any interested party, including a foster parent, may file a petition for termination of
5483 [
5484 (2) The attorney general shall file a petition for termination of parental rights under this
5485 [
5486 (3) The juvenile court may dismiss a petition for termination of parental rights at any
5487 stage of the proceedings.
5488 Section 99. Section 80-4-202, which is renumbered from Section 78A-6-505 is
5489 renumbered and amended to read:
5490 [
5491 (1) [
5492 information or belief of the petitioner:
5493 [
5494 [
5495 [
5496 [
5497 [
5498
5499
5500 (a) the information required by Utah Rules of Juvenile Procedure, Rule 17;
5501 [
5502 with Section [
5503 [
5504 to whom legal custody or guardianship of the child might be transferred.
5505 (2) [
5506 previously executed by the parent or parents [
5507 Subsection (1).
5508 Section 100. Section 80-4-203, which is renumbered from Section 78A-6-316 is
5509 renumbered and amended to read:
5510 [
5511 rights.
5512 (1) For purposes of this section, "abandoned infant" means a child who is 12 months
5513 [
5514 (a) although having legal custody of the child, fail to maintain physical custody of the
5515 child without making arrangements for the care of the child;
5516 (b) have failed to:
5517 (i) maintain physical custody; and
5518 (ii) exhibit the normal interest of a natural parent without just cause; or
5519 (c) are unwilling to have physical custody of the child.
5520 (2) Except as provided in Subsection (3), notwithstanding any other provision of this
5521 chapter or of Title 62A, Chapter 4a, Child and Family Services, the division shall file a petition
5522 for termination of parental rights with regard to:
5523 (a) an abandoned infant; or
5524 (b) the child of a parent, whenever a court has determined that the parent has:
5525 (i) committed murder or child abuse homicide of another child of that parent;
5526 (ii) committed manslaughter of another child of that parent;
5527 (iii) aided, abetted, attempted, conspired, or solicited to commit murder, child abuse
5528 homicide, or manslaughter against another child of that parent; or
5529 (iv) committed a felony assault or abuse that results in serious physical injury to:
5530 (A) another child of that parent; or
5531 (B) the other parent of the child.
5532 (3) The division is not required to file a petition for termination of parental rights under
5533 Subsection (2) if:
5534 (a) the child is being cared for by a relative;
5535 (b) the division has:
5536 (i) documented in the child's child and family plan a compelling reason for determining
5537 that filing a petition for termination of parental rights is not in the child's best interest; and
5538 (ii) made that child and family plan available to the juvenile court for [
5539 court's review; or
5540 (c) (i) the juvenile court has previously determined, in accordance with the provisions
5541 and limitations of Sections 62A-4a-201, 62A-4a-203, [
5542 and 80-3-406, that reasonable efforts to reunify the child with the child's parent or parents were
5543 required; and
5544 (ii) the division has not provided, within the time period specified in the child and
5545 family plan, services that had been determined to be necessary for the safe return of the child.
5546 Section 101. Section 80-4-204, which is renumbered from Section 78A-6-506 is
5547 renumbered and amended to read:
5548 [
5549 (1) (a) After a petition for termination of parental rights [
5550 [
5551 having legal custody of the child, and any [
5552 child; and
5553 [
5554 [
5555 [
5556 [
5557 [
5558 determines is indigent and at risk of losing the party's parental rights.
5559 (b) The notice described in Subsection (1)(a), or a separate notice subsequently issued,
5560 shall contain a statement to the effect that the rights of the parent or parents are proposed to be
5561 permanently terminated in the proceedings.
5562 (2) [
5563 question of termination of parental rights no sooner than 10 days after [
5564
5565
5566
5567
5568
5569
5570
5571 (1) is served.
5572 [
5573
5574
5575
5576
5577
5578
5579
5580 Section 102. Section 80-4-205 is enacted to read:
5581 80-4-205. Expedited hearing for temporary custody.
5582 (1) At any time after a petition for termination of parental rights is filed, the juvenile
5583 court may make an order in accordance with this chapter:
5584 (a) providing for temporary custody of the child who is the subject of the petition; or
5585 (b) that the division provide protective services to the child who is the subject of the
5586 petition if the juvenile court determines that:
5587 (i) the child is at risk of being removed from the child's home due to abuse and neglect;
5588 and
5589 (ii) the provision of protective services may make the removal described in Subsection
5590 (1)(b)(i) unnecessary.
5591 (2) (a) The juvenile court shall hold an expedited hearing to determine whether a child
5592 should be placed in temporary custody if:
5593 (i) a person files a petition for termination of parental rights;
5594 (ii) a party to the proceeding files a motion for expedited placement in temporary
5595 custody; and
5596 (iii) notice of the hearing described in this Subsection (1)(a) is served consistent with
5597 the requirements for notice of a shelter hearing under Section 80-3-301.
5598 (b) The hearing described in Subsection (2)(a):
5599 (i) shall be held within 72 hours, excluding weekends and holidays, after the time in
5600 which the motion described in Subsection (2)(a)(ii) is filed; and
5601 (ii) shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of
5602 Juvenile Procedure, Rule 13.
5603 (3) (a) The hearing and notice described in Subsection (1) are subject to:
5604 (i) Section 80-3-301;
5605 (ii) Section 80-3-302; and
5606 (iii) the Utah Rules of Juvenile Procedure.
5607 (b) After the hearing described in Subsection (1), the juvenile court may order a child
5608 placed in the temporary custody of the division.
5609 Section 103. Section 80-4-206 is enacted to read:
5610 80-4-206. Mediation.
5611 If a petition for termination of parental rights is filed, or if the matter is referred to the
5612 juvenile court under Subsection 78A-6-104(1)(a)(iii), the juvenile court may require the parties
5613 to participate in mediation in accordance with Title 78B, Chapter 6, Part 2, Alternative Dispute
5614 Resolution Act.
5615 Section 104. Section 80-4-207 is enacted to read:
5616 80-4-207. Modification of petition -- Continuance.
5617 (1) When it appears that evidence presented in a proceeding under this chapter points
5618 to material facts not alleged in the petition for termination of parental rights, the juvenile court
5619 may consider the additional or different matters raised by the evidence if the parties consent.
5620 (2) The juvenile court, by a motion of any interested party or on the juvenile court's
5621 own motion, shall direct that the petition for termination of parental rights be amended to
5622 conform to the evidence described in Subsection (1).
5623 (3) If the amendment described in Subsection (2) results in a substantial departure from
5624 the facts originally alleged in the petition for the termination of parental rights, the juvenile
5625 court shall grant a continuance as justice may require in accordance with Utah Rules of
5626 Juvenile Procedure, Rule 54.
5627 Section 105. Section 80-4-301, which is renumbered from Section 78A-6-507 is
5628 renumbered and amended to read:
5629
5630 [
5631 Findings regarding reasonable efforts.
5632 (1) Subject to the protections and requirements of Section [
5633 if the juvenile court finds termination of [
5634 view, is strictly necessary, the juvenile court may terminate all parental rights with respect to
5635 the parent if the juvenile court finds any one of the following:
5636 (a) that the parent has abandoned the child;
5637 (b) that the parent has neglected or abused the child;
5638 (c) that the parent is unfit or incompetent;
5639 (d) (i) that the child is being cared for in an out-of-home placement under the
5640 supervision of the juvenile court or the division;
5641 (ii) that the parent has substantially neglected, [
5642 unable or unwilling to remedy the circumstances that cause the child to be in an out-of-home
5643 placement; and
5644 (iii) that there is a substantial likelihood that the parent will not be capable of
5645 exercising proper and effective parental care in the near future;
5646 (e) failure of parental adjustment, as defined in this chapter;
5647 (f) that only token efforts have been made by the parent:
5648 (i) to support or communicate with the child;
5649 (ii) to prevent neglect of the child;
5650 (iii) to eliminate the risk of serious harm to the child; or
5651 (iv) to avoid being an unfit parent;
5652 (g) (i) that the parent has voluntarily relinquished the parent's parental rights to the
5653 child; and
5654 (ii) that termination is in the child's best interest;
5655 (h) that, after a period of trial during which the child was returned to live in the child's
5656 own home, the parent substantially and continuously or repeatedly refused or failed to give the
5657 child proper parental care and protection; or
5658 (i) the terms and conditions of safe relinquishment of a newborn child have been
5659 complied with, [
5660 Relinquishment of a Newborn Child.
5661 (2) The juvenile court may not terminate the parental rights of a parent because the
5662 parent has failed to complete the requirements of a child and family plan.
5663 (3) (a) Except as provided in Subsection (3)(b), in any case in which the juvenile court
5664 has directed the division to provide reunification services to a parent, the juvenile court must
5665 find that the division made reasonable efforts to provide those services before the juvenile
5666 court may terminate the parent's rights under Subsection (1)(b), (c), (d), (e), (f), or (h).
5667 (b) Notwithstanding Subsection (3)(a), the juvenile court is not required to make the
5668 finding under Subsection (3)(a) before terminating a parent's rights:
5669 (i) under Subsection (1)(b), if the juvenile court finds that the abuse or neglect occurred
5670 subsequent to adjudication; or
5671 (ii) if reasonable efforts to provide the services described in Subsection (3)(a) are not
5672 required under federal law, and federal law is not inconsistent with Utah law.
5673 Section 106. Section 80-4-302, which is renumbered from Section 78A-6-508 is
5674 renumbered and amended to read:
5675 [
5676 (1) In determining whether a parent or parents have abandoned a child, it is prima facie
5677 evidence of abandonment that the parent or parents:
5678 (a) although having legal custody of the child, have surrendered physical custody of the
5679 child, and for a period of six months following the surrender have not manifested to the child
5680 or to the person having the physical custody of the child a firm intention to resume physical
5681 custody or to make arrangements for the care of the child;
5682 (b) have failed to communicate with the child by mail, telephone, or otherwise for six
5683 months;
5684 (c) failed to have shown the normal interest of a natural parent, without just cause; or
5685 (d) have abandoned an infant, as described in [
5686 80-4-203.
5687 (2) In determining whether a parent or parents are unfit or have neglected a child the
5688 juvenile court shall consider[
5689
5690 (a) emotional illness, mental illness, or mental deficiency of the parent that renders the
5691 parent unable to care for the immediate and continuing physical or emotional needs of the child
5692 for extended periods of time;
5693 (b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive
5694 nature;
5695 (c) habitual or excessive use of intoxicating liquors, controlled substances, or
5696 dangerous drugs that render the parent unable to care for the child;
5697 (d) repeated or continuous failure to provide the child with adequate food, clothing,
5698 shelter, education, or other care necessary for the child's physical, mental, and emotional health
5699 and development by a parent or parents who are capable of providing that care;
5700 (e) whether the parent is incarcerated as a result of conviction of a felony, and the
5701 sentence is of such length that the child will be deprived of a normal home for more than one
5702 year;
5703 (f) a history of violent behavior; [
5704 (g) whether the parent has intentionally exposed the child to pornography or material
5705 harmful to a minor, as defined in Section 76-10-1201[
5706 (h) any other circumstance, conduct, or condition that the court considers relevant in
5707 the determination of whether a parent or parents are unfit or have neglected the child.
5708 (3) Notwithstanding Subsection (2)(c), the juvenile court may not discriminate against
5709 a parent because of or otherwise consider the parent's lawful possession or consumption of
5710 cannabis in a medicinal dosage form, a cannabis product, as those terms are defined in Section
5711 26-61a-102 or a medical cannabis device, in accordance with Title 26, Chapter 61a, Utah
5712 Medical Cannabis Act.
5713 (4) A parent who, legitimately practicing the parent's religious beliefs, does not provide
5714 specified medical treatment for a child is not, for that reason alone, a negligent or unfit parent.
5715 (5) (a) Notwithstanding Subsection (2), a parent may not be considered neglectful or
5716 unfit because of a health care decision made for a child by the child's parent unless the state or
5717 other party to the proceeding shows, by clear and convincing evidence, that the health care
5718 decision is not reasonable and informed.
5719 (b) Nothing in Subsection (5)(a) may prohibit a parent from exercising the right to
5720 obtain a second health care opinion.
5721 (6) If a child has been placed in the custody of the division and the parent or parents
5722 fail to comply substantially with the terms and conditions of a plan within six months after the
5723 date on which the child was placed or the plan was commenced, whichever occurs later, that
5724 failure to comply is evidence of failure of parental adjustment.
5725 (7) The following circumstances [
5726 (a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any
5727 child, due to known or substantiated abuse or neglect by the parent or parents;
5728 (b) conviction of a crime, if the facts surrounding the crime are of such a nature as to
5729 indicate the unfitness of the parent to provide adequate care to the extent necessary for the
5730 child's physical, mental, or emotional health and development;
5731 (c) a single incident of life-threatening or gravely disabling injury to or disfigurement
5732 of the child;
5733 (d) the parent has committed, aided, abetted, attempted, conspired, or solicited to
5734 commit murder or manslaughter of a child or child abuse homicide; or
5735 (e) the parent intentionally, knowingly, or recklessly causes the death of another parent
5736 of the child, without legal justification.
5737 Section 107. Section 80-4-303, which is renumbered from Section 78A-6-509 is
5738 renumbered and amended to read:
5739 [
5740 physical custody of parent.
5741 (1) If a child is not in the physical custody of the child's parent or parents, the juvenile
5742 court, in determining whether parental rights should be terminated, shall consider[
5743
5744 (a) the physical, mental, or emotional condition and needs of the child and [
5745 child's desires regarding the termination, if the juvenile court determines [
5746 sufficient capacity to express [
5747 (b) the effort the child's parent or parents have made to adjust [
5748 parents circumstances, conduct, or conditions to make it in the child's best interest to return
5749 [
5750
5751 (i) payment of a reasonable portion of substitute physical care and maintenance, if
5752 financially able;
5753 (ii) maintenance of regular parent-time or other contact with the child that was
5754 designed and carried out in a plan to reunite the child with the parent or parents; and
5755 (iii) maintenance of regular contact and communication with the custodian of the
5756 child[
5757 (c) any other factor that the juvenile court considers relevant in the determination of
5758 whether to terminate parental rights.
5759 (2) For purposes of this section, the juvenile court shall disregard incidental conduct,
5760 contributions, contacts, and communications.
5761 Section 108. Section 80-4-304, which is renumbered from Section 78A-6-510 is
5762 renumbered and amended to read:
5763 [
5764 foster home.
5765 If a child is in the custody of the division and has been placed and resides in a foster
5766 home and the division institutes proceedings under this [
5767 an ultimate goal of having the child's foster parent or parents adopt [
5768 court shall consider:
5769 (1) whether the child has become integrated into the foster family to the extent that
5770 [
5771 (2) whether the foster family is able and willing permanently to treat the child as a
5772 member of the family[
5773 [
5774 parents, and the child's ties with the foster family;
5775 [
5776 removed as compared with that of the foster family to give the child love, affection, and
5777 guidance and to continue the education of the child;
5778 [
5779 the desirability of [
5780 [
5781 [
5782 considers relevant to a particular placement of a child.
5783 Section 109. Section 80-4-305, which is renumbered from Section 78A-6-511 is
5784 renumbered and amended to read:
5785 [
5786 parental rights -- Posttermination reunification.
5787 (1) As used in this section, "relative" means:
5788 (a) an adult who is a grandparent, great-grandparent, aunt, great aunt, uncle, great
5789 uncle, brother-in-law, sister-in-law, stepparent, first cousin, sibling, or stepsibling of a child;
5790 and
5791 [
5792
5793
5794 (b) in the case of a child who is an Indian child, an extended family member as defined
5795 in 25 U.S.C. Sec. 1903.
5796 (2) Upon entry of an order under this [
5797 (a) place the child in the legal custody and guardianship of a licensed child placement
5798 agency or the division for adoption; or
5799 (b) make any other disposition of the child authorized under Section [
5800 80-3-405 .
5801 (3) Subject to the requirements of Subsections (4) and (5), all adoptable children
5802 placed in the custody of the division shall be placed for adoption.
5803 (4) If the parental rights of all parents of an adoptable child placed in the custody of the
5804 division have been terminated and a suitable adoptive placement is not already available, the
5805 juvenile court:
5806 (a) shall determine whether there is a relative who desires to adopt the child;
5807 (b) may order the division to conduct a reasonable search to determine whether there
5808 are relatives who are willing to adopt the child; and
5809 (c) shall, if a relative desires to adopt the child:
5810 (i) make a specific finding regarding the fitness of the relative to adopt the child; and
5811 (ii) place the child for adoption with that relative unless [
5812 adoption by the relative is not in the best interest of the child.
5813 (5) This section does not guarantee that a relative will be permitted to adopt the child.
5814 (6) A parent whose rights were terminated under this [
5815 child, as defined by Section [
5816 if:
5817 (a) (i) following an adoptive placement, the child's adoptive parent returns the child to
5818 the custody of the division; or
5819 (ii) the child is in the custody of the division for one year following the day on which
5820 the parent's rights were terminated, and no permanent placement has been found or is likely to
5821 be found; and
5822 (b) reunification with the child's parent, or guardianship by the child's relative, is in the
5823 best interest of the child.
5824 Section 110. Section 80-4-306, which is renumbered from Section 78A-6-512 is
5825 renumbered and amended to read:
5826 [
5827 (1) At the conclusion of the hearing in which the juvenile court orders termination of
5828 [
5829 hearing be held within 90 days after the day on which [
5830 rights are terminated[
5831 (2) At [
5832 (a) the agency or individual vested with custody of the child shall report to the juvenile
5833 court regarding the plan for permanent placement of the child[
5834 (b) the guardian ad litem shall make recommendations to the juvenile court, based on
5835 an independent investigation, for disposition meeting the best interests of the child.
5836 (3) The juvenile court may order the agency or individual vested with custody of the
5837 child to report, at appropriate intervals, on the status of the child until the plan for permanent
5838 placement of the child [
5839 Section 111. Section 80-4-307, which is renumbered from Section 78A-6-514 is
5840 renumbered and amended to read:
5841 [
5842 [
5843
5844 (1) The individual consenting to termination of parental rights or voluntarily
5845 relinquishing parental rights shall sign or confirm the consent or relinquishment under oath:
5846 (a) before a judge of any court that has jurisdiction over proceedings for termination of
5847 parental rights in this state or any other state, or a public officer appointed by that court for the
5848 purpose of taking consents or relinquishments; or
5849 (b) except as provided in Subsection (2), any person authorized to take consents or
5850 relinquishments under Subsections 78B-6-124(1) and (2).
5851 (2) Only the juvenile court is authorized to take consents or relinquishments from a
5852 parent who has any child who is in the custody of a state agency or who has a child who is
5853 otherwise under the jurisdiction of the juvenile court.
5854 (3) The court, appointed officer, or other authorized person shall certify to the best of
5855 that person's information and belief that the [
5856 relinquishment has read and understands the consent or relinquishment and has signed [
5857 consent or relinquishment freely and voluntarily.
5858 (4) A voluntary relinquishment or consent for termination of parental rights is effective
5859 when [
5860 (5) (a) The requirements and processes described in [
5861
5862 Termination of Parental Rights, do not apply to a voluntary relinquishment or consent for
5863 termination of parental rights.
5864 (b) [
5865 parental rights, the juvenile court need only find that the relinquishment or termination is in the
5866 child's best interest.
5867 (6) (a) There is a presumption that voluntary relinquishment or consent for termination
5868 of parental rights is not in the child's best interest where it appears to the juvenile court that the
5869 primary purpose for relinquishment or consent for termination is to avoid a financial support
5870 obligation.
5871 (b) The presumption described in Subsection (6)(a) may be rebutted[
5872 juvenile court finds the relinquishment or consent to termination of parental rights will
5873 facilitate the establishment of stability and permanency for the child.
5874 (7) Upon granting a voluntary relinquishment the juvenile court may make orders
5875 relating to the child's care and welfare that the juvenile court considers to be in the child's best
5876 interest.
5877 Section 112. Section 80-4-401, which is renumbered from Section 78A-6-1403 is
5878 renumbered and amended to read:
5879
5880 [
5881 duties.
5882 (1) A child, who is 12 years [
5883 on behalf of a child of any age, may file a petition to restore parental rights if:
5884 (a) 24 months have passed since the day on which the juvenile court ordered
5885 termination of [
5886 (b) the child:
5887 (i) has not been adopted and is not in an adoptive placement, or is unlikely to be
5888 adopted before the child is 18 years [
5889 (ii) was previously adopted following a termination of [
5890
5891 of the division.
5892 (2) The petition [
5893 (a) filed in the juvenile court that previously terminated [
5894 parental rights; and
5895 (b) served on the division.
5896 (3) The division shall notify and inform a child who is 12 years [
5897 and who qualifies for restoration of parental rights under Subsection (1) that the child is
5898 eligible to file a petition [
5899 (4) Upon the receipt of a petition to restore parental rights, filed by a child or an
5900 authorized representative acting on behalf of a child, the division shall:
5901 (a) make a diligent effort to locate the former parent whose rights may be restored
5902 under this part; and
5903 (b) if the former parent is found, as described in Subsection (4)(a), notify the former
5904 parent of:
5905 (i) the legal effects of restoration; and
5906 (ii) the time and date of the hearing on the petition to restore parental rights.
5907 (5) The juvenile court shall set a hearing on the petition to restore parental rights at
5908 least 30 days, but no more than 60 days, after the day on which the petition to restore parental
5909 rights is filed with the juvenile court.
5910 (6) Before the hearing described in Subsection (5), the division may submit a
5911 confidential report to the juvenile court that includes the following information:
5912 (a) material changes in circumstances since the termination of parental rights;
5913 (b) a summary of the reasons why parental rights were terminated;
5914 (c) the date on which parental rights were terminated;
5915 (d) the willingness of the former parent to resume contact with the child and have
5916 parental rights restored;
5917 (e) the ability of the former parent to be involved in the life of the child and accept
5918 physical custody of, and responsibility for, the child; and
5919 (f) any other information the division reasonably considers appropriate and
5920 determinative.
5921 (7) (a) A former parent who remedies the circumstances that resulted in the termination
5922 of the former parent's parental rights and who is capable of exercising proper and effective
5923 parental care, shall notify the division that if the circumstances described in Subsection (1) are
5924 established, the former parent desires and requests to have the former parent's parental rights
5925 restored.
5926 (b) The former parent's request to the division shall be fully and fairly considered by
5927 the division for appropriate submittal to the court.
5928 Section 113. Section 80-4-402, which is renumbered from Section 78A-6-1404 is
5929 renumbered and amended to read:
5930 [
5931 (1) The juvenile court may restore [
5932 parental rights if:
5933 (a) the child meets the requirements of Subsection [
5934 (b) considering the age and maturity of the child, the child consents to the restoration;
5935 (c) the former parent consents to the restoration; and
5936 (d) the juvenile court finds by clear and convincing evidence that restoration is in the
5937 best interest of the child.
5938 (2) In determining whether reunification under this section is appropriate and in the
5939 best interest of the child, the juvenile court shall consider:
5940 (a) whether the former parent has been sufficiently rehabilitated from the behavior that
5941 resulted in the termination of [
5942 (b) extended family support for the former parent; and
5943 (c) other material changes of circumstances, if any, that may have occurred that warrant
5944 the granting of the motion.
5945 (3) At the hearing on a petition [
5946 rights, if the former parent consents and if the juvenile court finds by clear and convincing
5947 evidence that it is in the best interest of the child, the juvenile court may:
5948 (a) allow contact between the former parent and the child, and describe the conditions
5949 under which contact may take place;
5950 (b) order that the child be placed with the former parent, in a temporary custody and
5951 guardianship relationship, to be reevaluated after the child has been placed with the former
5952 parent for six months; or
5953 (c) restore the parental rights of the parent.
5954 (4) If the juvenile court orders the child to be placed in the physical custody of the
5955 former parent under Subsection (3), the juvenile court shall specify in the order:
5956 (a) whether that custody is subject to:
5957 (i) continued evaluation by the court; or
5958 (ii) the supervision of the division; and
5959 (b) the terms and conditions of reunification.
5960 Section 114. Section 80-5-101 is enacted to read:
5961
5962
5963 80-5-101. Title.
5964 This chapter is known as "Juvenile Justice Services."
5965 Section 115. Section 80-5-102 is enacted to read:
5966 80-5-102. Definitions.
5967 As used in this chapter:
5968 (1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in
5969 Section 80-5-302.
5970 (2) (a) "Adult" means an individual who is 18 years old or older.
5971 (b) "Adult" does not include a juvenile offender.
5972 (3) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
5973 1351.1.
5974 (4) "Authority" means the Youth Parole Authority created in Section 80-5-701.
5975 (5) "Control" means the authority to detain, restrict, and supervise a juvenile offender
5976 in a manner consistent with public safety and the well-being of the juvenile offender and
5977 division employees.
5978 (6) "Director" means the director of the Division of Juvenile Justice Services.
5979 (7) "Discharge" means the same as that term is defined in Section 80-6-102.
5980 (8) "Division" means the Division of Juvenile Justice Services created in Section
5981 80-5-103.
5982 (9) "Homeless youth" means a child, other than an emancipated minor:
5983 (a) who is a runaway; or
5984 (b) who is:
5985 (i) not accompanied by the child's parent or guardian; and
5986 (ii) without care, as defined in Section 80-5-602.
5987 (10) "Observation and assessment program" means a nonresidential service program
5988 operated or purchased by the division that is responsible only for diagnostic assessment of
5989 minors, including for substance use disorder, mental health, psychological, and sexual behavior
5990 risk assessments.
5991 (11) "Performance based contracting" means a system of contracting with service
5992 providers for the provision of residential or nonresidential services that:
5993 (a) provides incentives for the implementation of evidence-based juvenile justice
5994 programs or programs rated as effective for reducing recidivism by a standardized tool in
5995 accordance with Section 63M-7-208; and
5996 (b) provides a premium rate allocation for a minor who receives the evidence-based
5997 dosage of treatment and successfully completes the program within three months.
5998 (12) "Rescission" means the same as that term is defined in Section 80-6-102.
5999 (13) "Restitution" means the same as that term is defined in Section 80-6-102.
6000 (14) "Revocation" means the same as that term is defined in Section 80-6-102.
6001 (15) "Temporary custody" means the same as that term is defined in Section 80-6-102.
6002 (16) "Temporary homeless youth shelter" means a facility that:
6003 (a) provides temporary shelter to homeless youth; and
6004 (b) is licensed by the Office of Licensing, created under Section 62A-1-105, as a
6005 residential support program.
6006 (17) "Termination" means the same as that term is defined in Section 80-6-102.
6007 (18) "Victim" means the same as that term is defined in Section 80-6-102.
6008 (19) "Work program" means a nonresidential public or private service work project
6009 established and administered by the division for juvenile offenders for the purpose of
6010 rehabilitation, education, and restitution to victims.
6011 (20) (a) "Youth services" means services provided in an effort to resolve family
6012 conflict:
6013 (i) for families in crisis when a minor is ungovernable or a runaway; or
6014 (ii) involving a minor and the minor's parent or guardian.
6015 (b) "Youth services" include efforts to:
6016 (i) resolve family conflict;
6017 (ii) maintain or reunite minors with the minors' families; and
6018 (iii) divert minors from entering or escalating in the juvenile justice system.
6019 (c) "Youth services" may provide:
6020 (i) crisis intervention;
6021 (ii) short-term shelter;
6022 (iii) time-out placement; and
6023 (iv) family counseling.
6024 (21) "Youth services center" means a center established by, or under contract with, the
6025 division to provide youth services.
6026 Section 116. Section 80-5-103, which is renumbered from Section 62A-7-102 is
6027 renumbered and amended to read:
6028 [
6029 (1) There is created the Division of Juvenile Justice Services within the department[
6030 (2) The division shall be under the administration and supervision of the executive
6031 director of the department.
6032 [
6033
6034 Section 117. Section 80-5-104, which is renumbered from Section 62A-7-103 is
6035 renumbered and amended to read:
6036 [
6037 Responsibility.
6038 [
6039 (1) The executive director of the department shall appoint the director of the division.
6040 (2) The director shall have a bachelor's degree from an accredited university or college,
6041 be experienced in administration, and be knowledgeable in [
6042 (3) The director is the administrative head of the division.
6043 Section 118. Section 80-5-201, which is renumbered from Section 62A-7-104 is
6044 renumbered and amended to read:
6045
6046 [
6047 (1) The division is responsible for all [
6048 division by juvenile courts [
6049
6050 (2) The division shall:
6051 (a) establish and administer a continuum of community, secure, and nonsecure
6052 programs for all [
6053 (b) establish and maintain all detention and secure care facilities and set minimum
6054 standards for [
6055 (c) establish and operate prevention and early intervention youth services programs for
6056 nonadjudicated [
6057 (d) establish observation and assessment programs necessary to serve [
6058
6059 [
6060 (e) place [
6061 80-6-703 in the most appropriate program for supervision and treatment[
6062 [
6063
6064
6065
6066
6067 [
6068
6069 [
6070 (f) employ staff necessary to:
6071 [
6072
6073 [
6074 to the division for placement in community-based programs; and
6075 [
6076 with the division for temporary services in juvenile receiving centers, youth services, and other
6077 programs established by the division[
6078 [
6079
6080
6081
6082
6083
6084 [
6085
6086
6087 [
6088 (g) control or detain a minor committed to the division, or in the temporary custody of
6089 the division, in a manner that is consistent with public safety and rules made by the division;
6090 (h) establish and operate [
6091
6092
6093 (i) are not residential;
6094 [
6095 facilities, parks, highways, and other programs designated by the division;
6096 [
6097 Board of Education for [
6098 [
6099 [
6100 (i) establish minimum standards for the operation of all private residential and
6101 nonresidential rehabilitation facilities that provide services to [
6102 committed [
6103 [
6104 (j) provide regular training for [
6105 staff, case management staff, and staff of the community-based programs[
6106 [
6107
6108
6109
6110 [
6111
6112
6113 [
6114 (k) designate employees to obtain the saliva DNA specimens required under Section
6115 53-10-403[
6116 (l) ensure that the designated employees receive appropriate training and that the
6117 specimens are obtained in accordance with accepted protocol[
6118 [
6119 (m) register an individual with the Department of Corrections who:
6120 [
6121 or 77-43-102(2);
6122 [
6123 [
6124 30 days before the individual's 21st birthday; or
6125 [
6126 30 days before the individual's 25th birthday[
6127 [
6128 (n) ensure that a program delivered to a [
6129 [
6130 (3) (a) The division is authorized to employ special function officers, as defined in
6131 Section 53-13-105 to:
6132 (i) locate and apprehend minors who have absconded from division custody;
6133 (ii) transport minors taken into custody in accordance with division policy;
6134 (iii) investigate cases; and
6135 (iv) carry out other duties as assigned by the division.
6136 (b) A special function officer may be:
6137 (i) employed through a contract with the Department of Public Safety, or any law
6138 enforcement agency certified by the Peace Officer Standards and Training Division; or
6139 (ii) directly hired by the division.
6140 (4) In the event of an unauthorized leave from secure care, detention, a
6141 community-based program, a juvenile receiving center, a home, or any other designated
6142 placement of a minor, a division employee has the authority and duty to locate and apprehend
6143 the minor, or to initiate action with a local law enforcement agency for assistance.
6144 Section 119. Section 80-5-202 is enacted to read:
6145 80-5-202. Division rulemaking authority.
6146 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6147 division shall make rules:
6148 (a) establishing standards for the admission of a minor to detention;
6149 (b) that describe good behavior for which credit may be earned under Subsection
6150 80-6-704(4); and
6151 (c) that establish a formula, in consultation with the Office of the Legislative Fiscal
6152 Analyst, to calculate savings from General Fund appropriations under 2017 Laws of Utah,
6153 Chapter 330, resulting from the reduction in out-of-home placements for juvenile offenders
6154 with the division.
6155 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6156 division may make rules:
6157 (a) that govern the operation of prevention and early intervention programs, youth
6158 service programs, juvenile receiving centers, and other programs described in Section
6159 80-5-401; and
6160 (b) that govern the operation of detention and secure care facilities.
6161 (3) A rule made by the division under Subsection (1)(a):
6162 (a) may not permit secure detention based solely on the existence of multiple status
6163 offenses, misdemeanors, or infractions arising out of a single criminal episode; and
6164 (b) shall prioritize use of home detention for a minor who might otherwise be held in
6165 secure detention.
6166 Section 120. Section 80-5-203, which is renumbered from Section 78A-6-124 is
6167 renumbered and amended to read:
6168 [
6169 (1) The [
6170 Administrative Office of the Courts, shall develop or adopt, and validate on the Utah juvenile
6171 population, a statewide detention risk assessment tool.
6172 (2) (a) The [
6173 detention risk assessment tool for each [
6174
6175
6176 (b) A designated individual who has completed training to conduct the detention risk
6177 assessment tool shall administer the detention risk assessment tool.
6178 (3) The [
6179 of the Courts shall establish a scoring system to inform eligibility for placement of a minor in a
6180 [
6181 Section 121. Section 80-5-204, which is renumbered from Section 62A-7-106.5 is
6182 renumbered and amended to read:
6183 [
6184 (1) (a) The division shall:
6185 (i) annually review all programs and facilities that provide services to [
6186
6187 other state, which would constitute a felony or misdemeanor if committed by an adult[
6188 (ii) license [
6189 (1)(a)(i) that are in compliance with standards established by the division .
6190 (b) The division shall provide [
6191
6192 [
6193 (c) A program or facility that is unable or unwilling to comply with the standards
6194 established by the division may not be licensed.
6195 (2) Any private facility or program providing services under this chapter that willfully
6196 fails to comply with the standards established by the division is guilty of a class B
6197 misdemeanor.
6198 Section 122. Section 80-5-205, which is renumbered from Section 62A-7-107.5 is
6199 renumbered and amended to read:
6200 [
6201 (1) This chapter does not prohibit the division from contracting with private providers
6202 or other agencies for:
6203 (a) the construction, operation, and maintenance of juvenile facilities; or
6204 (b) the provision of care, treatment, and supervision of [
6205 have been committed to [
6206 (2) All programs for the care, treatment, and supervision of [
6207 committed to the division shall be licensed in compliance with division standards within six
6208 months after commencing operation.
6209 (3) A contract for the care, treatment, and supervision of a [
6210 committed to the division shall be executed in accordance with the performance-based
6211 contracting system developed under Section 63M-7-208.
6212 Section 123. Section 80-5-206, which is renumbered from Section 62A-7-108.5 is
6213 renumbered and amended to read:
6214 [
6215 (1) All records maintained by programs that are under contract with the division to
6216 provide services to [
6217 returned to the division when the [
6218 (2) The division shall maintain an accurate audit trail of information provided to other
6219 programs or agencies regarding [
6220 Section 124. Section 80-5-207, which is renumbered from Section 62A-7-109.5 is
6221 renumbered and amended to read:
6222 [
6223 (1) (a) The division shall make reasonable efforts to ensure that restitution is made to
6224 the victim of a [
6225 (b) Except as provided in Subsection (1)(c), restitution shall be made through the
6226 employment of [
6227 (c) Reimbursement to the victim of a [
6228 [
6229 [
6230
6231 [
6232 through the employment of [
6233 to the division, in a work program.
6234 Section 125. Section 80-5-208, which is renumbered from Section 62A-7-403 is
6235 renumbered and amended to read:
6236 [
6237 secure care.
6238 (1) When a [
6239 care is pregnant, the division shall:
6240 (a) ensure that adequate prenatal and postnatal care is provided[
6241 (b) place the [
6242 (2) As soon as the [
6243 [
6244 [
6245
6246
6247 (a) secure detention if the minor was placed in secure detention; or
6248 (b) secure care if the minor was committed to secure care.
6249 (3) If the division has concerns regarding the minor's fitness to raise the minor's child,
6250 the division shall make a referral for services for the minor and the minor's child to the
6251 Division of Child and Family Services.
6252 Section 126. Section 80-5-301, which is renumbered from Section 62A-7-104.5 is
6253 renumbered and amended to read:
6254
6255 [
6256 centers.
6257 Funding for juvenile receiving centers and youth services programs under this part is
6258 intended to be broad based, be provided by an appropriation by the Legislature to the division,
6259 and include federal grant money, local government money, and private donations.
6260 Section 127. Section 80-5-302, which is renumbered from Section 62A-7-112 is
6261 renumbered and amended to read:
6262 [
6263 (1) There is created in the General Fund a restricted account known as the "Juvenile
6264 Justice Reinvestment Restricted Account."
6265 (2) The account shall be funded by savings calculated from General Fund
6266 appropriations by the Division of Finance as described in Subsection (3).
6267 (3) At the end of the fiscal year, the Division of Finance shall:
6268 (a) use the formula established in [
6269 80-5-202(1)(c) to calculate the savings from General Fund appropriations; and
6270 (b) lapse the calculated savings into the account.
6271 (4) Upon appropriation by the Legislature, the department may expend funds from the
6272 account:
6273 (a) for the statewide expansion of nonresidential community-based programs,
6274 including:
6275 (i) receiving centers;
6276 (ii) mobile crisis outreach teams [
6277 (iii) youth courts under Title 80, Chapter 6, Part 9, Youth Court; and
6278 (iv) victim-offender mediation under Section 80-6-304 and Subsection 80-6-710(7);
6279 (b) for nonresidential evidence-based programs and practices in cognitive, behavioral,
6280 and family therapy;
6281 (c) to implement:
6282 (i) nonresidential diagnostic assessment; and
6283 (ii) nonresidential early intervention programs, including family strengthening
6284 programs, family wraparound services, and truancy interventions; or
6285 (d) for infrastructure in nonresidential evidence-based juvenile justice programs,
6286 including staffing and transportation.
6287 Section 128. Section 80-5-303, which is renumbered from Section 62A-7-113 is
6288 renumbered and amended to read:
6289 [
6290 Restricted Account.
6291 [
6292
6293
6294
6295
6296 [
6297 Executive Offices and Criminal Justice Appropriations Subcommittee a written report of the
6298 division's activities under [
6299 Section 80-5-302, including:
6300 [
6301 from General Fund appropriations under Subsection [
6302 [
6303 division for the previous fiscal year;
6304 [
6305 Subsection [
6306 [
6307 Section 129. Section 80-5-401, which is renumbered from Section 62A-7-601 is
6308 renumbered and amended to read:
6309
6310 [
6311 intervention -- Program standards -- Program services.
6312 (1) The division shall establish and operate prevention and early intervention youth
6313 services programs.
6314 (2) The division shall adopt statewide policies and procedures, including minimum
6315 standards for the organization and operation of youth services programs.
6316 (3) The division shall establish housing, programs, and procedures to ensure that
6317 [
6318
6319
6320 (4) The division may enter into contracts with state and local governmental entities and
6321 private providers to provide the youth services.
6322 (5) The division shall establish and administer juvenile receiving centers and other
6323 programs to provide temporary custody, care, risk-needs assessments, evaluations, and control
6324 for nonadjudicated and adjudicated [
6325 (6) The division shall prioritize use of evidence-based juvenile justice programs and
6326 practices.
6327 Section 130. Section 80-5-402, which is renumbered from Section 62A-7-701 is
6328 renumbered and amended to read:
6329 [
6330 (1) (a) The division shall operate residential and nonresidential community-based
6331 programs to provide care, treatment, and supervision for [
6332 to the division by juvenile courts.
6333 (b) The division shall operate or contract for nonresidential community-based
6334 programs and independent living programs to provide care, treatment, and supervision of
6335 paroled juvenile offenders.
6336 (2) The division shall adopt minimum standards for the organization and operation of
6337 community-based [
6338 (3) The division shall place [
6339 community-based programs in the most appropriate program based upon the division's
6340 evaluation of the [
6341 accordance with Sections [
6342 Section 131. Section 80-5-403, which is renumbered from Section 62A-7-702 is
6343 renumbered and amended to read:
6344 [
6345 (1) The division shall provide a sufficient number of case management staff members
6346 to provide care, treatment, and supervision for juvenile offenders on parole and for [
6347
6348 programs.
6349 (2) (a) Case management staff shall develop treatment programs for each [
6350
6351 progress.
6352 (b) Progress reports shall be filed every three months with:
6353 (i) the juvenile court for each [
6354 community-based programs; and [
6355 (ii) the authority for each [
6356 (c) The authority, in the case of [
6357 court, in the case of [
6358 programs, shall be immediately notified, in writing, of any violation of law or of conditions of
6359 parole or placement.
6360 (3) Case management staff shall:
6361 (a) conduct investigations and make reports requested by [
6362 to aid [
6363 (b) conduct investigations and make reports requested by the authority to aid [
6364 authority in making appropriate dispositions in cases of parole, revocation, and termination.
6365 Section 132. Section 80-5-501, which is renumbered from Section 62A-7-202 is
6366 renumbered and amended to read:
6367
6368 [
6369 (1) The division shall provide detention facilities and services in each county, or group
6370 of counties, as the population demands, in accordance with this chapter.
6371 (2) (a) The division is responsible for development, implementation, and
6372 administration of home detention services available in every judicial district[
6373 (b) The division shall establish criteria for placement [
6374 [
6375
6376
6377 [
6378
6379 [
6380 made under Subsection 80-5-202(1)(a) to law enforcement agencies, division employees,
6381 juvenile court employees, and other affected agencies and individuals upon their request.
6382 Section 133. Section 80-5-502, which is renumbered from Section 62A-7-203 is
6383 renumbered and amended to read:
6384 [
6385 (1) The division may issue requests for proposals to allow for the private construction
6386 of facilities suitable to meet the detention requirements of any county or group of counties,
6387 subject to approval by the governor.
6388 (2) The governor shall furnish an analysis of the benefits of the proposals received to
6389 the Infrastructure and General Government Appropriations Subcommittee for [
6390 subcommittee's review.
6391 Section 134. Section 80-5-503, which is renumbered from Section 62A-7-401.5 is
6392 renumbered and amended to read:
6393 [
6394 (1) The division shall maintain and operate [
6395 the custody and rehabilitation of juvenile offenders:
6396 (a) who pose a danger of serious bodily harm to others[
6397 (b) who cannot be controlled in a less secure setting[
6398 (c) who have engaged in a pattern of conduct characterized by persistent and serious
6399 criminal offenses [
6400 controlled in a less secure setting.
6401 (2) (a) The director shall appoint an administrator for each [
6402 facility.
6403 (b) An administrator of a secure care facility shall have experience in social work, law,
6404 criminology, corrections, or a related field, and [
6405 (3) (a) (i) The division, in cooperation with the State Board of Education, shall provide
6406 instruction, or make instruction available, to juvenile offenders in secure care facilities.
6407 (ii) The instruction shall be appropriate to the age, needs, and range of abilities of the
6408 juvenile offender.
6409 (b) [
6410 (i) assess each juvenile offender [
6411 juvenile offender's abilities, possible learning disabilities, interests, attitudes, and other
6412 attributes related to appropriate educational programs[
6413 [
6414 (ii) provide prevocational education to juvenile offenders to acquaint juvenile
6415 offenders with vocations, and vocational requirements and opportunities.
6416 (4) The division shall place juvenile offenders who have been committed to the
6417 division for [
6418 care facility, operated by the division or by a private entity, that is appropriate to ensure that
6419 humane care and rehabilitation opportunities are afforded to the juvenile offender.
6420 (5) The division shall adopt standards, policies, and procedures for the regulation and
6421 operation of secure care facilities, consistent with state and federal law.
6422 Section 135. Section 80-5-601, which is renumbered from Section 62A-4a-501 is
6423 renumbered and amended to read:
6424
6425 [
6426 Division of Child and Family Services to provide assistance -- Affirmative defense --
6427 Providing shelter after notice.
6428 [
6429 [
6430 [
6431 [
6432 [
6433 [
6434 [
6435 [
6436 [
6437
6438
6439 [
6440 [
6441 [
6442
6443 [
6444
6445
6446 (1) As used in this section, "harbor" means to provide shelter in:
6447 (a) the home of the person who is providing shelter; or
6448 (b) any structure over which the person providing the shelter has any control.
6449 (2) Except as provided in Subsection (3), a person[
6450
6451 (a) knowingly and intentionally harbors a child;
6452 (b) knows at the time of harboring the child that the child is a runaway;
6453 (c) fails to notify one of the following, by telephone or other reasonable means, of the
6454 location of the child:
6455 (i) the parent or [
6456 (ii) the division; or
6457 (iii) a youth services center; and
6458 (d) fails to notify a person described in Subsection (2)(c) within eight hours after the
6459 later of:
6460 (i) the time that the person becomes aware that the child is a runaway; or
6461 (ii) the time that the person begins harboring the child.
6462 (3) A person described in Subsection (2)[
6463
6464 Subsections (2)(c) and (d), if:
6465 (a) (i) a court order is issued authorizing a peace officer to take the child into custody;
6466 and
6467 (ii) the person notifies a peace officer [
6468
6469 of the location of the child, within eight hours after the later of:
6470 (A) the time that the person becomes aware that the child is a runaway; or
6471 (B) the time that the person begins harboring the child; or
6472 (b) (i) the child is a runaway who consents to shelter, care, or licensed services under
6473 Section [
6474 (ii) (A) the person is unable to locate the child's parent or [
6475 (B) the child refuses to disclose the contact information for the child's parent or [
6476 guardian.
6477 (4) A person described in Subsection (2)[
6478
6479 (a) if the person has an obligation under Section 62A-4a-403 to report child abuse or
6480 neglect; or
6481 (b) if, within 48 hours after the person begins harboring the child:
6482 (i) the person continues to harbor the child; and
6483 (ii) the person does not make direct contact with:
6484 (A) a parent or legal guardian of the child;
6485 (B) the division;
6486 (C) a youth services center; or
6487 (D) a peace officer or the nearest [
6488 detention facility if a court order is issued authorizing a peace officer to take the child into
6489 custody.
6490 (5) It is an affirmative defense to the crime described in Subsection (2) that:
6491 (a) the person failed to provide notice as described in Subsection (2) or (3) due to
6492 circumstances beyond the control of the person providing the shelter; and
6493 (b) the person provided the notice described in Subsection (2) or (3) as soon as it was
6494 reasonably practicable to provide the notice.
6495 (6) Upon receipt of a report that a runaway is being harbored by a person:
6496 (a) a youth services center shall:
6497 (i) notify the [
6498 and
6499 (ii) inform the [
6500 from the youth services center; or
6501 (b) the division shall:
6502 (i) make a referral to the Division of Child and Family Services to determine whether
6503 the runaway is abused, neglected, or dependent; and
6504 (ii) if appropriate, make a referral for services for the runaway.
6505 (7) (a) A parent or [
6506 being harbored may notify a law enforcement agency and request assistance in retrieving the
6507 runaway.
6508 (b) The local law enforcement agency may assist the parent or [
6509 retrieving the runaway.
6510 (8) Nothing in this section prohibits a person[
6511
6512 Subsections (2) through (4), if:
6513 (a) a parent or [
6514 continued provision of shelter; or
6515 (b) a peace officer or a parent or [
6516 fails to retrieve the runaway.
6517 (9) Nothing in this section prohibits a person [
6518 from providing shelter to a child whose parent or [
6519 (a) ceased to maintain physical custody of the child; and
6520 (b) failed to make reasonable arrangements for the safety, care, and physical custody of
6521 the child.
6522 (10) Nothing in this section prohibits:
6523 (a) a juvenile receiving center or a youth services center from providing shelter to a
6524 runaway in accordance with the requirements of [
6525
6526 center; or
6527 (b) a government agency from taking custody of a child as otherwise provided by law.
6528 Section 136. Section 80-5-602, which is renumbered from Section 62A-4a-502 is
6529 renumbered and amended to read:
6530 [
6531 services by a homeless youth.
6532 (1) As used in this section:
6533 (a) "Care" means providing:
6534 (i) assistance to obtain food, clothing, hygiene products, or other basic necessities;
6535 (ii) access to a bed, showering facility, or transportation; or
6536 (iii) assistance with school enrollment or attendance.
6537 [
6538 [
6539 shelter, a youth services center, or other facility that is licensed to provide the service to a
6540 homeless youth.
6541 [
6542 (i) youth services[
6543 (ii) child welfare or juvenile court case management or advocacy;
6544 (iii) aftercare services[
6545 (iv) independent living skills training.
6546 [
6547
6548 [
6549
6550 (2) A homeless youth may consent to temporary shelter, care, or licensed services if the
6551 homeless youth:
6552 (a) is at least 15 years old; and
6553 (b) manages the homeless youth's own financial affairs, regardless of the source of
6554 income.
6555 (3) In determining consent under Subsection (2), a person may rely on the homeless
6556 youth's verbal or written statement describing the homeless youth's ability to consent to
6557 temporary shelter, care, or licensed services.
6558 (4) A person who provides shelter, care, or licensed services to a homeless youth who
6559 consents to the shelter, care, or licensed services under Subsection (2):
6560 (a) shall report to the division as required under [
6561 [
6562 (b) may provide the homeless youth a referral to safe permanent housing, employment
6563 services, medical or dental care, or counseling.
6564 Section 137. Section 80-5-603, which is renumbered from Section 78A-6-117.5 is
6565 renumbered and amended to read:
6566 [
6567 for services.
6568 [
6569
6570
6571 [
6572
6573 [
6574
6575
6576 [
6577 (1) If a juvenile court finds that a child is ungovernable or a runaway, [
6578
6579
6580 assessment to determine [
6581 provide prevention and early intervention youth services, as described in Section [
6582
6583 [
6584 provision of prevention and early intervention youth services is appropriate under Subsection
6585 [
6586 the ungovernable or runaway child.
6587 Section 138. Section 80-5-701, which is renumbered from Section 62A-7-501 is
6588 renumbered and amended to read:
6589
6590 [
6591 (1) There is created the Youth Parole Authority within the division.
6592 (2) (a) The authority is composed of 10 part-time members and five pro tempore
6593 members who are residents of this state.
6594 (b) No more than three pro tempore members may serve on the authority at any one
6595 time.
6596 [
6597
6598 [
6599
6600 [
6601
6602
6603 [
6604
6605 [
6606
6607 [
6608 [
6609
6610 [
6611 [
6612 [
6613
6614 [
6615
6616 [
6617
6618 [
6619 [
6620 [
6621
6622 [
6623
6624 [
6625
6626
6627
6628
6629 [
6630
6631 [
6632
6633
6634 Section 139. Section 80-5-702 is enacted to read:
6635 80-5-702. Member qualifications -- Expenses.
6636 (1) As used in this section, "member" means both a part-time member and a pro
6637 tempore member of the authority.
6638 (2) (a) Except as required by Subsection (2)(b), the governor, with the advice and
6639 consent of the Senate, shall appoint members to four-year terms.
6640 (b) The governor shall, at the time of appointment or reappointment, adjust the length
6641 of terms to ensure that the terms of members are staggered so that approximately half of the
6642 authority is appointed every two years.
6643 (3) A member shall have training or experience in social work, law, juvenile or
6644 criminal justice, or related behavioral sciences.
6645 (4) When a vacancy occurs in the membership for any reason, the replacement member
6646 shall be appointed for the unexpired term.
6647 (5) During the tenure of the member's appointment, a member may not:
6648 (a) be an employee of the department, other than in the member's capacity as a member
6649 of the authority;
6650 (b) hold any public office;
6651 (c) hold any position in the state's juvenile justice system; or
6652 (d) be an employee, officer, advisor, policy board member, or subcontractor of any
6653 juvenile justice agency or the juvenile justice agency's contractor.
6654 (6) In extraordinary circumstances or when a regular member is absent or otherwise
6655 unavailable, the chair may assign a pro tempore member to act in the absent member's place.
6656 (7) A member may not receive compensation or benefits for the member's service but
6657 may receive per diem and travel expenses in accordance with:
6658 (a) Section 63A-3-106;
6659 (b) Section 63A-3-107; and
6660 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
6661 63A-3-107.
6662 Section 140. Section 80-5-703 is enacted to read:
6663 80-5-703. Authority responsibilities -- Administrative officer of the authority.
6664 (1) The authority is responsible for:
6665 (a) the release of a juvenile offender from secure care; and
6666 (b) the rescission, revocation, and termination of parole for a juvenile offender.
6667 (2) In accordance with Chapter 6, Part 8, Commitment and Parole, the authority shall:
6668 (a) determine when and under what conditions a juvenile offender in secure care is
6669 eligible for parole;
6670 (b) establish policies and procedures regarding:
6671 (i) the authority's governance, meetings, and hearings;
6672 (ii) the conduct of proceedings before the authority;
6673 (iii) the parole of a juvenile offender; and
6674 (iv) for which parole for a juvenile offender may be granted, rescinded, revoked,
6675 modified, and terminated; and
6676 (c) determine appropriate parole dates for juvenile offenders.
6677 (3) The division's case management staff shall:
6678 (a) implement plans for parole; and
6679 (b) supervise a juvenile offender on parole.
6680 (4) The division shall:
6681 (a) permit the authority to have reasonable access to a juvenile offender in secure care;
6682 and
6683 (b) furnish all pertinent data requested by the authority in matters of parole, revocation,
6684 and termination.
6685 (5) The director shall appoint an administrative officer of the authority.
6686 (6) The administrative officer is responsible for the day to day operations of the
6687 authority.
6688 (7) The authority and the administrative officer have power to:
6689 (a) issue subpoenas;
6690 (b) compel attendance of witnesses;
6691 (c) compel production of books, papers and other documents; and
6692 (d) administer oaths and take testimony under oath for the purposes of conducting the
6693 hearings.
6694 (8) The administrative officer shall maintain summary records of all hearings and
6695 provide written notice to the juvenile offender of a decision and the reason for the decision.
6696 Section 141. Section 80-6-101 is enacted to read:
6697
6698 80-6-101. Title.
6699 This chapter is known as "Juvenile Justice."
6700 Section 142. Section 80-6-102 is enacted to read:
6701 80-6-102. Definitions.
6702 As used in this chapter:
6703 (1) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
6704 1351.1.
6705 (2) "Authority" means the Youth Parole Authority created in Section 80-5-701.
6706 (3) "Commission" means the State Commission on Criminal and Juvenile Justice
6707 created in Section 63M-7-201.
6708 (4) "Compensatory service" means service or unpaid work performed by a minor in
6709 lieu of the payment of a fine, fee, or restitution.
6710 (5) "Control" means the same as that term is defined in Section 80-5-102.
6711 (6) "Detention hearing" means a proceeding under Section 80-6-207 to determine
6712 whether a minor should remain in detention.
6713 (7) "Detention guidelines" means standards, established by the division in accordance
6714 with Subsection 80-5-202(1)(a), for the admission of a minor to detention.
6715 (8) "Discharge" means a written order of the authority that removes a juvenile offender
6716 from the authority's jurisdiction.
6717 (9) "Division" means the Division of Juvenile Justice Services created in Section
6718 80-5-103.
6719 (10) "Formal referral" means a written report from a peace officer, or other person,
6720 informing the juvenile court that:
6721 (a) an offense committed by a minor is, or appears to be, within the juvenile court's
6722 jurisdiction; and
6723 (b) the minor's case must be reviewed by a juvenile probation officer or a prosecuting
6724 attorney.
6725 (11) "Material loss" means an uninsured:
6726 (a) property loss;
6727 (b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;
6728 (c) lost wages because of an injury, time spent as a witness, or time spent assisting the
6729 police or prosecution; or
6730 (d) medical expense.
6731 (12) "Referral" means a formal referral, a referral to the juvenile court under Section
6732 53G-8-211, or a citation issued to a minor for which the juvenile court receives notice under
6733 Section 80-6-302.
6734 (13) "Rescission" means a written order of the authority that rescinds a date for parole.
6735 (14) "Restitution" means money or services that the juvenile court, or a juvenile
6736 probation officer if the minor agrees to a nonjudicial adjustment, orders a minor to pay or
6737 render to a victim for the minor's wrongful act or conduct.
6738 (15) "Revocation" means a written order of the authority that, after a hearing and
6739 determination under Section 80-6-806:
6740 (a) terminates supervision of a juvenile offender's parole; and
6741 (b) directs a juvenile offender to return to secure care.
6742 (16) "Temporary custody" means the control and responsibility of a minor, before an
6743 adjudication under Section 80-6-701, until the minor is released to a parent, guardian,
6744 responsible adult, or to an appropriate agency.
6745 (17) "Termination" means a written order of the authority that terminates a juvenile
6746 offender from parole.
6747 (18) (a) "Victim" means a person that the juvenile court determines suffered a material
6748 loss as a result of a minor's wrongful act or conduct.
6749 (b) "Victim" includes:
6750 (i) any person directly harmed by the minor's wrongful act or conduct in the course of
6751 the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that
6752 involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and
6753 (ii) the Utah Office for Victims of Crime.
6754 (19) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
6755 (20) "Work program" means the same as that term is defined in Section 80-5-102.
6756 (21) "Youth services" means the same as that term is defined in Section 80-5-102.
6757 Section 143. Section 80-6-103 is enacted to read:
6758 80-6-103. Notification to a school -- Civil and criminal liability.
6759 (1) As used in this section:
6760 (a) "School official" means:
6761 (i) the school superintendent of the district in which the minor resides or attends
6762 school; or
6763 (ii) if there is no school superintendent for the school, the principal of the school where
6764 the minor attends.
6765 (b) "Transferee school official" means:
6766 (i) the school superintendent of the district in which the minor resides or attends school
6767 if the minor is admitted to home detention; or
6768 (ii) if there is no school superintendent for the school, the principal of the school where
6769 the minor attends if the minor is admitted to home detention.
6770 (2) A notification under this section is provided for a minor's supervision and student
6771 safety.
6772 (3) (a) (i) If a minor is taken into temporary custody under Section 80-6-201, or
6773 admitted to a detention facility under Section 80-6-205, for a violent felony, or an offense in
6774 violation of Title 76, Chapter 10, Part 5, Weapons, the peace officer, or other person who has
6775 taken the minor into temporary custody, shall notify a school official as soon as practicable or
6776 as established under Subsection 53G-8-402(2).
6777 (ii) A notification under this section shall only disclose:
6778 (A) the name of the minor;
6779 (B) the offense for which the minor was taken into temporary custody or admitted to
6780 detention; and
6781 (C) if available, the name of the victim if the victim resides in the same school district
6782 as the minor or attends the same school as the minor.
6783 (b) After a detention hearing for a minor who is alleged to have committed a violent
6784 felony, or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the juvenile court
6785 shall order that a school official, or a transferee school official, and the appropriate local law
6786 enforcement agency are notified of the juvenile court's decision, including any disposition,
6787 order, or no-contact order.
6788 (4) If a designated staff member of a detention facility admits a minor to home
6789 detention under Section 80-6-205 and notifies the juvenile court of that admission, the juvenile
6790 court shall order that a school official, or a transferee school official, and the appropriate local
6791 law enforcement agency are notified that the minor has been admitted to home detention.
6792 (5) (a) If the juvenile court adjudicates a minor for an offense of violence or an offense
6793 in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall order that a school
6794 official, or a transferee school official, is notified of the adjudication.
6795 (b) A notification under Subsection (5)(a) shall be given to a school official, or a
6796 transferee school official, within three days after the day on which the minor is adjudicated.
6797 (c) A notification under this section shall include:
6798 (i) the name of the minor;
6799 (ii) the offense for which the minor was adjudicated; and
6800 (iii) if available, the name of the victim if the victim:
6801 (A) resides in the same school district as the minor; or
6802 (B) attends the same school as the minor.
6803 (6) If the juvenile court orders probation under Section 80-6-702, the juvenile court
6804 may order that the appropriate local law enforcement agency and the school official are notified
6805 of the juvenile court's order for probation.
6806 (7) (a) An employee of the local law enforcement agency, or the school the minor
6807 attends, who discloses a notification under this section is not:
6808 (i) civilly liable except when the disclosure constitutes fraud or willful misconduct as
6809 provided in Section 63G-7-202; and
6810 (ii) civilly or criminally liable except when the disclosure constitutes a knowing
6811 violation of Section 63G-2-801.
6812 (b) An employee of a governmental agency is immune from any criminal liability for
6813 failing to provide the information required by this section, unless the employee fails to act due
6814 to malice, gross negligence, or deliberate indifference to the consequences.
6815 (8) (a) A notification under this section shall be classified as a protected record under
6816 Section 63G-2-305.
6817 (b) All other records of disclosures under this section are governed by Title 63G,
6818 Chapter 2, Government Records Access and Management Act, and the Family Educational
6819 Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
6820 Section 144. Section 80-6-201, which is renumbered from Section 78A-6-112 is
6821 renumbered and amended to read:
6822
6823 [
6824 officer, private citizen, or probation officer -- Grounds -- Protective custody.
6825 (1) A minor may be taken into temporary custody by a peace officer without a court
6826 order, or a warrant under Section 80-6-202, if the peace officer has probable cause to believe
6827 that:
6828 (a) the minor has committed an offense under municipal, state, or federal law;
6829 [
6830
6831 [
6832 [
6833 [
6834 [
6835
6836 (b) the minor seriously endangers the minor's own welfare or the welfare of others and
6837 taking the minor into temporary custody appears to be necessary for the protection of the minor
6838 or others;
6839 [
6840 custodian; or
6841 [
6842 (i) subject to the state's compulsory education law; and
6843 (ii) subject to Section 53G-6-208, absent from school without legitimate or valid
6844 excuse[
6845 (2) [
6846 custody if under the circumstances the private citizen [
6847 citizen's arrest under Section 77-7-3 if the minor was an adult.
6848 [
6849 [
6850 [
6851 violated the conditions of the minor's probation[
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 [
6921 [
6922 [
6923 [
6924 [
6925 [
6926
6927
6928 [
6929
6930 [
6931 [
6932 [
6933
6934
6935
6936
6937 [
6938 [
6939 [
6940
6941 (4) (a) Nothing in this part shall be construed to prevent a peace officer or the Division
6942 of Child and Family Services from taking a minor into protective custody under Section
6943 62A-4a-202.1 or 80-3-204.
6944 (b) If a peace officer or the Division of Child and Family Services takes a minor into
6945 protective custody, the provisions of Chapter 3, Abuse, Neglect, and Dependency Proceedings,
6946 and Title 62A, Chapter 4a, Child and Family Services, shall govern.
6947 Section 145. Section 80-6-202, which is renumbered from Section 78A-6-106.5 is
6948 renumbered and amended to read:
6949 [
6950 (1) (a) Except as otherwise provided in this section, after a petition is filed under
6951 Section 80-6-305, or a criminal information under Section 80-6-503, a juvenile court may issue
6952 a warrant for a minor to be taken into temporary custody if:
6953 (i) there is probable cause to believe that:
6954 (A) the minor has committed an offense that would be a felony if committed by an
6955 adult;
6956 (B) the minor has failed to appear after the minor or the minor's parent, guardian, or
6957 custodian has been legally served with a summons in accordance with Section 78A-6-351 and
6958 the Utah Rules of Juvenile Procedure;
6959 (C) there is a substantial likelihood the minor will not respond to a summons;
6960 (D) a summons cannot be served and the minor's present whereabouts are unknown;
6961 (E) serving a summons for the minor will be ineffectual;
6962 (F) the minor seriously endangers others or the public and temporary custody appears
6963 to be necessary for the protection of others or the public; or
6964 (G) the minor is a runaway or has escaped from the minor's parent, guardian, or
6965 custodian; or
6966 (ii) the minor is under the continuing jurisdiction of the juvenile court and there is
6967 probable cause to believe that the minor:
6968 (A) has left the custody of the person or agency vested by a court with legal custody, or
6969 guardianship of the minor, without permission; or
6970 (B) has violated a court order.
6971 (b) A warrant issued under this Subsection (1) shall be:
6972 (i) filed in accordance with Utah Rules of Juvenile Procedure, Rule 7; and
6973 (ii) executed in accordance with Title 77, Chapter 7, Arrest, by Whom, and How Made.
6974 [
6975 (2) A juvenile court may not issue a warrant [
6976 temporary custody for:
6977 (a) a status offense; or
6978 (b) an infraction.
6979 [
6980 court may issue a warrant that directs [
6981 or to a shelter or other nonsecure facility [
6982
6983
6984 (b) A warrant under Subsection (3)(a) may not direct a minor to secure care or secure
6985 detention.
6986 [
6987 12, Interstate Compact for Juveniles.
6988 Section 146. Section 80-6-203 is enacted to read:
6989 80-6-203. Temporary custody of a minor -- Notification of a child's parent,
6990 guardian, or custodian -- Taking a minor to a detention facility.
6991 (1) (a) Except as provided in Subsection (3), if a peace officer, or other person, takes a
6992 child into temporary custody under Section 80-6-201, the peace officer, or other person, may
6993 not take the child into temporary custody for any longer than is reasonably necessary to:
6994 (i) obtain the child's name, age, residence, and other necessary information;
6995 (ii) contact the child's parent, guardian, or custodian; and
6996 (iii) release the child to the child's parent, guardian, or custodian.
6997 (b) Before a child is released under Subsection (1)(a), the parent, or other person to
6998 whom the child is released, shall sign a written promise on forms supplied by the juvenile court
6999 to bring the child to the juvenile court at a time set or to be set by the court.
7000 (2) Except as provided in Subsection (3), if a peace officer, or other person, takes a
7001 minor who is 18 years old or older into temporary custody under Section 80-6-201, the peace
7002 officer, or other person, may not take the minor into temporary custody for any longer than is
7003 reasonably necessary to obtain the minor's name, age, residence, and other necessary
7004 information.
7005 (3) (a) A minor may remain in the temporary custody of a peace officer or other person
7006 if:
7007 (i) the protection of the community requires the minor's detention; or
7008 (ii) a warrant has been issued for the minor's arrest under Section 80-6-202 or
7009 80-6-806.
7010 (b) If a minor remains in temporary custody, the minor shall be taken to a detention
7011 facility without unnecessary delay.
7012 (c) If the peace officer, or other person, takes a minor to a detention facility, the peace
7013 officer, or other person, shall promptly file a written report, on a form provided by the division,
7014 with the detention facility stating:
7015 (i) the details of the offense that the minor is alleged to have committed;
7016 (ii) the facts that bring the offense within the jurisdiction of the juvenile court;
7017 (iii) the reason that the minor was not released by the peace officer or other person; and
7018 (iv) if the minor is under consideration for detention, the eligibility of the minor for
7019 detention under the detention guidelines.
7020 Section 147. Section 80-6-204, which is renumbered from Section 62A-7-201 is
7021 renumbered and amended to read:
7022 [
7023 Restrictions.
7024 (1) Except as provided in Subsection (2) or [
7025 is apprehended by [
7026 law, the child may not be confined:
7027 (a) in a jail, lockup, or cell used for an adult who is charged with a crime; or
7028 (b) in [
7029 (2) (a) The division shall detain a child in accordance with Sections [
7030
7031 (i) the child is charged with an offense under Section [
7032 80-6-502 or 80-6-503;
7033 (ii) the district court has obtained jurisdiction over the offense because the child is
7034 bound over to the district court under Section [
7035 (iii) the juvenile or district court orders the detention of the child.
7036 (b) (i) If a child is detained before a detention hearing [
7037
7038 information is filed for the child under Section 80-6-503, the child may only be held in certified
7039 juvenile detention accommodations in accordance with rules made by the commission.
7040 (ii) The commission's rules shall include rules for acceptable sight and sound
7041 separation from adult inmates.
7042 (iii) The commission shall certify that a correctional facility is in compliance with the
7043 commission's rules.
7044 (iv) This Subsection (2)(b) does not apply to a child held in [
7045 a correctional facility in accordance with Subsection (2)(a).
7046 (3) (a) In an area of low density population, the commission may, by rule, approve a
7047 juvenile detention accommodation within a correctional facility that has acceptable sight and
7048 sound separation.
7049 (b) An accommodation described in Subsection (3)(a) shall be used only:
7050 (i) for short-term holding of a child who is alleged to have committed an act that would
7051 be a criminal offense if committed by an adult; and
7052 (ii) for a maximum confinement period of six hours.
7053 (c) A child may only be held in an accommodation described in Subsection (3)(a) for:
7054 (i) identification;
7055 (ii) notification of a juvenile court official;
7056 (iii) processing; and
7057 (iv) allowance of adequate time for evaluation of needs and circumstances regarding
7058 the release or transfer of the child to a shelter or detention facility.
7059 (d) This Subsection (3) does not apply to a child held in a correctional facility in
7060 accordance with Subsection (2)(a).
7061 (4) (a) If a child is alleged to have committed an act that would be a criminal offense if
7062 committed by an adult, the child may be detained in a holding room in a local law enforcement
7063 agency facility:
7064 (i) for a maximum of two hours; and
7065 (ii) (A) for identification or interrogation; or
7066 (B) while awaiting release to a parent or other responsible adult.
7067 (b) A holding room described in Subsection (4)(a) shall be certified by the commission
7068 in accordance with the commission's rules.
7069 (c) The commission's rules shall include provisions for constant supervision and for
7070 sight and sound separation from adult inmates.
7071 (5) Willful failure to comply with this section is a class B misdemeanor.
7072 (6) (a) The division is responsible for the custody and detention of:
7073 (i) a child who requires [
7074
7075
7076 80-6-704; and
7077 (ii) a juvenile offender under Subsection [
7078 (b) Subsection (6)(a) does not apply to a child held in a correctional facility in
7079 accordance with Subsection (2)(a).
7080 (c) (i) The commission shall provide standards for custody or detention under
7081 Subsections (2)(b), (3), and (4).
7082 (ii) The division shall determine and set standards for conditions of care and
7083 confinement of children in detention facilities.
7084 (d) (i) The division, or a public or private agency willing to undertake temporary
7085 custody or detention upon agreed terms in a contract with the division, shall provide all other
7086 custody or detention in suitable premises distinct and separate from the general jails, lockups,
7087 or cells used in law enforcement and corrections systems.
7088 (ii) This Subsection (6)(d) does not apply to a child held in a correctional facility in
7089 accordance with Subsection (2)(a).
7090 (7) Except as otherwise provided by this chapter, if an individual who is, or appears to
7091 be, under 18 years old is received at a correctional facility, the sheriff, warden, or other official,
7092 in charge of the correctional facility shall:
7093 (a) immediately notify the juvenile court of the individual; and
7094 (b) make arrangements for the transfer of the individual to a detention facility, unless
7095 otherwise ordered by the juvenile court.
7096 Section 148. Section 80-6-205 is enacted to read:
7097 80-6-205. Admission to detention -- Alternative to detention -- Rights of a minor
7098 in detention.
7099 (1) If a minor is taken to a detention facility under Section 80-6-203, a designated staff
7100 member of the detention facility shall immediately review the form and determine, based on
7101 the results of the detention risk assessment tool and Subsection (2), whether to:
7102 (a) admit the minor to secure detention;
7103 (b) admit the minor to home detention;
7104 (c) place the minor in another alternative to detention; or
7105 (d) if the minor is a child, return the minor home upon a written promise by the minor's
7106 parent, guardian, or custodian to bring the minor to the juvenile court at a time set or without
7107 restriction.
7108 (2) A minor may not be admitted to detention unless:
7109 (a) the minor is detainable based on the detention guidelines; or
7110 (b) the minor has been brought to detention in accordance with:
7111 (i) a court order;
7112 (ii) a warrant in accordance with Section 80-6-202; or
7113 (iii) a division warrant in accordance with Section 80-6-806.
7114 (3) If the designated staff member determines to admit a minor to home detention, the
7115 staff member shall notify the juvenile court of that determination.
7116 (4) Even if a minor is eligible for secure detention, a peace officer or other person who
7117 takes a minor to a detention facility, or the designated staff member of the detention facility,
7118 may release a minor to a less restrictive alternative than secure detention.
7119 (5) (a) If a minor taken to a detention facility does not qualify for admission under
7120 detention guidelines or this section, a designated staff member of the detention facility shall
7121 arrange an appropriate alternative, including admitting a minor to a juvenile receiving center or
7122 a shelter facility.
7123 (b) (i) Except as otherwise provided by this section, a minor may not be placed or kept
7124 in secure detention while court proceedings are pending.
7125 (ii) A child may not be placed or kept in a shelter facility while court proceedings are
7126 pending, unless the child is in protective custody in accordance with Chapter 3, Abuse,
7127 Neglect, and Dependency Proceedings.
7128 (6) If a minor is taken into temporary custody and admitted to a secure detention, or
7129 another alternative to detention, a designated staff member of the detention facility shall:
7130 (a) immediately notify the minor's parent, guardian, or custodian; and
7131 (b) promptly notify the juvenile court of the placement.
7132 (7) If a minor is admitted to secure detention, or another alternative to detention,
7133 outside the county of the minor's residence and a juvenile court determines, in a detention
7134 hearing, that secure detention, or an alternative to detention, of the minor shall continue, the
7135 juvenile court shall direct the sheriff of the county of the minor's residence to transport the
7136 minor to secure detention or another alternative to detention in that county.
7137 (8) (a) Subject to Subsection (8)(b), a minor admitted to detention has a right to:
7138 (i) phone the minor's parent, guardian, or attorney immediately after the minor is
7139 admitted to detention; and
7140 (ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or
7141 custodian.
7142 (b) The division may:
7143 (i) establish a schedule for which a minor in detention may visit or phone a person
7144 described in Subsection (8)(a);
7145 (ii) allow a minor in detention to visit or call persons described in Subsection (8)(a) in
7146 special circumstances;
7147 (iii) limit the number and length of calls and visits for a minor in detention to persons
7148 described in Subsection (8)(a) on account of scheduling, facility, or personnel constraints; or
7149 (iv) limit the minor's rights under Subsection (8)(a) if a compelling reason exists to
7150 limit the minor's rights.
7151 Section 149. Section 80-6-206 is enacted to read:
7152 80-6-206. Interview of a child in detention.
7153 (1) If a child is admitted to a detention facility, a juvenile probation officer, or a staff
7154 member at the detention facility, may interview the child regarding an offense the child is
7155 alleged to have committed without the child's parent, guardian, or custodian present.
7156 (2) Except as provided in Subsection (1), a person may not interview a child, who is
7157 under 14 years old and admitted to a detention facility, regarding an offense the child is alleged
7158 to have committed, without the child's parent, guardian, or custodian present at the interview,
7159 unless:
7160 (a) the parent, guardian, or custodian has given written permission for the interview to
7161 be held outside the presence of the parent, guardian, or custodian;
7162 (b) the parent, guardian, or custodian has been advised of the child's rights under
7163 Section 80-6-603 and has knowingly and voluntarily waived the child's right under Subsection
7164 80-6-603(9); and
7165 (c) the child has been advised of the child's rights under Section 80-6-603 and has
7166 knowingly and voluntarily waived the child's right under Subsection 80-6-603(9).
7167 (3) A person may not interview a minor who is 14 years old or older and admitted to a
7168 detention facility regarding an offense the minor is alleged to have committed without the
7169 consent of the minor or the minor's parent, guardian, or custodian, unless:
7170 (a) the minor has been advised of the minor's rights under Section 80-6-603; and
7171 (b) the minor has knowingly and voluntarily waived the minor's right under Subsection
7172 80-6-603(9).
7173 (4) If a child's parent, guardian, or custodian is not available to consent to an interview
7174 of a child in a detention facility, the consent of the juvenile court shall be obtained before
7175 interviewing the child.
7176 (5) If an guardian ad litem is appointed for a minor, the division may not consent to the
7177 interview of the minor by a law enforcement officer, unless consent for the interview is
7178 obtained from the minor's guardian ad litem.
7179 Section 150. Section 80-6-207, which is renumbered from Section 78A-6-113 is
7180 renumbered and amended to read:
7181 [
7182 [
7183
7184 [
7185
7186 [
7187
7188
7189 probation officer shall order the release of the child to the child's parent, guardian, or custodian
7190 if the [
7191 returned to the parent's, the guardian's, or the custodian's care, [
7192 bring the child to the juvenile court at a time set or without restriction.
7193 (b) If a child's parent, guardian, or custodian fails to retrieve the child from a detention
7194 facility within 24 hours after notification of release, the parent, guardian, or custodian is
7195 responsible for the cost of care for the time the child remains in the detention facility in
7196 accordance with Section 78A-6-356.
7197 (c) The detention facility shall determine the cost of care.
7198 (d) Any money collected under this Subsection [
7199 [
7200 remains in the facility.
7201 [
7202 the [
7203 individual in charge of the detention facility that the parent's [
7204 custodian's child has the right to a prompt hearing in a juvenile court to determine whether the
7205 child is to be further detained or released.
7206 (b) [
7207 minor shall be informed by the person in charge of the facility that the minor has the right to a
7208 prompt hearing in a juvenile court to determine whether the minor is to be further detained or
7209 released.
7210 [
7211 [
7212 detention, regardless of whether a detention hearing is held or not.
7213 [
7214 the [
7215 parent, guardian, or custodian shall be responsible for the cost of care as provided in
7216 Subsections [
7217 (4) (a) As used in this Subsection (4), "arrest" means being apprehended, detained,
7218 taken into temporary custody under Section 80-6-201 or 80-6-202, held for investigation, or
7219 restrained by a peace officer or other person due to an accusation or suspicion that the minor
7220 committed an offense.
7221 (b) A minor may not be held in a detention facility longer than 24 hours, unless a
7222 juvenile court determines that there is probable cause for the minor's arrest.
7223 (5) (a) A detention hearing under this section shall be held by a juvenile court judge or
7224 commissioner.
7225 (b) [
7226 minor's [
7227 determine whether the minor should:
7228 (i) remain in detention in accordance with Subsection [
7229 (ii) be released to a parent or guardian; or
7230 (iii) be placed in any other party's custody as authorized by statute.
7231 [
7232 hearing under Subsection [
7233 determination and the detention hearing occur within the time [
7234 (4)[
7235 [
7236
7237
7238 [
7239 (7) (a) A detention hearing may not be waived.
7240 [
7241 (b) Staff at the detention facility shall provide the juvenile court with all information
7242 received from the individual who brought the minor to the detention facility.
7243 [
7244 (8) (a) The juvenile court may only order a minor to be held in the detention facility or
7245 be placed in another appropriate facility, subject to further order of the court, if the court finds
7246 at a detention hearing that:
7247 [
7248 unreasonable risk to public safety;
7249 [
7250 and, where appropriate, attempted; and
7251 [
7252
7253
7254 (b) The juvenile court may not vest custody of a minor admitted to detention in the
7255 Division of Child and Family Services, except as provided in Chapter 3, Abuse, Neglect, and
7256 Dependency Proceedings.
7257 [
7258 release a minor from detention.
7259 (b) If a minor remains in a detention facility, periodic reviews shall be held in
7260 accordance with the Utah Rules of Juvenile Procedure to ensure that continued detention of the
7261 minor is necessary.
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
7297 [
7298
7299 [
7300
7301 [
7302
7303
7304 [
7305 [
7306
7307
7308
7309 [
7310
7311 [
7312
7313
7314
7315
7316 [
7317 a correctional facility in accordance with Section [
7318 80-6-502, 80-6-504, or 80-6-505.
7319 [
7320
7321 [
7322 [
7323
7324 [
7325
7326
7327
7328 (11) Notwithstanding Title 77, Chapter 20, Bail, a minor in a detention facility does not
7329 have a right to bail, except that bail is allowed if:
7330 (a) a minor is cited under Section 80-6-302;
7331 (b) a minor is charged in accordance with Section 80-6-502;
7332 (c) a minor is bound over to the district court in accordance with Section 80-6-504;
7333 (d) a minor, who need not be detained, lives outside this state; and
7334 (e) a minor, who need not be detained, is held in contempt under Section 78A-6-353.
7335 Section 151. Section 80-6-301 is enacted to read:
7336
7337 80-6-301. Referral to juvenile court.
7338 (1) Except as provided in Subsections (2) and (3), a peace officer, or a public official of
7339 the state, a county, a city, or a town charged with the enforcement of the laws of the state or
7340 local jurisdiction, shall file a formal referral with the juvenile court within 10 days after the day
7341 on which a minor is taken into temporary custody under Section 80-6-201.
7342 (2) If a minor is taken to a detention facility, a peace officer, or public official of the
7343 state, a county, a city, or a town charged with the enforcement of laws of the state or local
7344 jurisdiction, shall file the formal referral with the juvenile court within 24 hours after the time
7345 in which the minor is taken into temporary custody under Section 80-6-201.
7346 (3) A peace officer, public official, school district, or school may only refer a minor to
7347 the juvenile court under Section 53G-8-211 for an offense that is subject to referral under
7348 Section 53G-8-211.
7349 Section 152. Section 80-6-302, which is renumbered from Section 78A-6-603 is
7350 renumbered and amended to read:
7351 [
7352 appear.
7353 (1) A petition is not required to commence a proceeding against a minor for an
7354 adjudication of an alleged offense if a citation is issued for an offense for which the juvenile
7355 court has jurisdiction over and the offense listed in the citation is for:
7356 (a) a violation of a wildlife law;
7357 (b) a violation of a boating law;
7358 (c) a class B or C misdemeanor or an infraction other than a misdemeanor or
7359 infraction:
7360 (i) for a traffic violation; or
7361 (ii) designated as a citable offense by general order of the Board of Juvenile Court
7362 Judges;
7363 (d) a class B misdemeanor or infraction for a traffic violation where the individual is
7364 15 years old or younger at the time the offense was alleged to have occurred;
7365 (e) an infraction or misdemeanor designated as a citable offense by a general order of
7366 the Board of Juvenile Court Judges; or
7367 (f) a violation of Subsection 76-10-105(2).
7368 (2) Except as provided in Subsection (6) and Section [
7369 for an offense listed in Subsection (1) shall be submitted to the juvenile court within five days
7370 of issuance to a minor.
7371 (3) A copy of the citation shall contain:
7372 (a) the name and address of the juvenile court before which the minor may be required
7373 to appear;
7374 (b) the name of the minor cited;
7375 (c) the statute or local ordinance that the minor is alleged to have violated;
7376 (d) a brief description of the offense charged;
7377 (e) the date, time, and location at which the offense is alleged to have occurred;
7378 (f) the date the citation was issued;
7379 (g) the name and badge or identification number of the peace officer or public official
7380 who issued the citation;
7381 (h) the name of the arresting person if an arrest was made by a private party and the
7382 citation was issued in lieu of taking the [
7383 Section [
7384 (i) a statement that the minor and [
7385 guardian are to appear when notified by the juvenile court; and
7386 (j) the signature of the minor and [
7387 guardian, if present, agreeing to appear at the juvenile court when notified by the court.
7388 (4) A copy of the citation shall contain space for the following information to be
7389 entered if known:
7390 (a) the minor's address;
7391 (b) the minor's date of birth;
7392 (c) the name and address of the child's custodial parent [
7393 if different from the child; and
7394 (d) if there is a victim, the victim's name, address, and an estimate of loss, except that
7395 this information shall be removed from the documents the minor receives.
7396 (5) A citation received by the juvenile court beyond the time designated in Subsection
7397 (2) shall include a written explanation for the delay.
7398 (6) A minor offense, as defined in Section [
7399 been committed by an enrolled child on school property or related to school attendance, may
7400 only be referred to the prosecuting attorney or the juvenile court in accordance with Section
7401 53G-8-211.
7402 (7) If a juvenile court receives a citation described in Subsection (1), [
7403
7404 whether the minor is eligible for a nonjudicial adjustment in accordance with Subsection
7405 [
7406 (8) (a) Except as provided in Subsection (8)(b), if a citation is issued to a minor, a
7407 prosecuting attorney may commence a proceeding against a minor, without filing a petition, for
7408 an adjudication of the offense in the citation only if:
7409 (i) the minor is not eligible for, or does not complete, a nonjudicial adjustment in
7410 accordance with Section [
7411 (ii) the prosecuting attorney conducts an inquiry under Subsection (9).
7412 (b) Except as provided in Subsection [
7413 attorney may not commence a proceeding against an individual for any offense listed in a
7414 citation alleged to have occurred before the individual was 12 years old.
7415 (9) The prosecuting attorney shall conduct an inquiry to determine, upon reasonable
7416 belief, that:
7417 (a) the charge listed in the citation is supported by probable cause;
7418 (b) admissible evidence will be sufficient to support adjudication beyond a reasonable
7419 doubt; and
7420 (c) the decision to charge is in the interests of justice.
7421 (10) If a proceeding is commenced against a minor under Subsection (8)(a), the minor
7422 shall appear at the juvenile court at a date and time established by the juvenile court.
7423 (11) If a minor willfully fails to appear before the juvenile court for a proceeding under
7424 Subsection (8)(a), the juvenile court may:
7425 (a) find the minor in contempt of court; and
7426 (b) proceed against the minor as provided in Section [
7427 (12) [
7428 forfeited under Section [
7429 (a) the juvenile court; and
7430 (b) if the minor is a child, the parent or [
7431 Section 153. Section 80-6-303, which is renumbered from Section 78A-6-601 is
7432 renumbered and amended to read:
7433 [
7434 to juvenile court -- Exception.
7435 (1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or
7436 justice court determines that an individual being charged is under 21 years old and was younger
7437 than 18 years old at the time of committing the alleged offense, the district court or justice
7438 court shall transfer the case to the juvenile court with all the papers, documents, and transcripts
7439 of any testimony.
7440 (b) (i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense
7441 that is:
7442 (A) filed in the district court in accordance with Section [
7443 (B) transferred to the district court in accordance with Section [
7444 (ii) Notwithstanding Subsection (1)(a), a justice court may decline to transfer an
7445 offense for which the justice court has original jurisdiction under Subsection 78A-7-106(2).
7446 (2) (a) Except as provided in Subsection (2)(b), the district court or justice court making
7447 the transfer shall:
7448 (i) order the individual to be taken immediately to the juvenile court or to a place of
7449 detention designated by the juvenile court; or
7450 (ii) release the individual to the custody of the individual's parent or guardian or other
7451 person legally responsible for the individual, to be brought before the juvenile court at a time
7452 designated by the juvenile court.
7453 (b) If the alleged offense under Subsection (1) occurred before the individual was 12
7454 years old:
7455 (i) the district court or justice court making the transfer shall release the individual to
7456 the custody of the individual's parent or guardian, or other person legally responsible for the
7457 individual;
7458 (ii) the juvenile court shall treat the transfer as a referral under [
7459
7460 (iii) [
7461 a preliminary inquiry to determine whether the individual is eligible for a nonjudicial
7462 adjustment in accordance with Section [
7463 (c) If the case is transferred to the juvenile court under this section, the juvenile court
7464 shall then proceed in accordance with this chapter.
7465 (3) A district court or justice court does not have to transfer a case under Subsection
7466 (1) if the district court or justice court would have had jurisdiction over the case at the time the
7467 individual committed the offense in accordance with Subsections 78A-5-102(9) and
7468 78A-7-106(2).
7469 Section 154. Section 80-6-304, which is renumbered from Section 78A-6-602 is
7470 renumbered and amended to read:
7471 [
7472 [
7473
7474
7475 [
7476
7477
7478 [
7479
7480 [
7481
7482
7483 [
7484 committed by a minor that is, or appears to be, within the juvenile court's jurisdiction, [
7485
7486 accordance with Subsections [
7487 is eligible to enter into a nonjudicial adjustment.
7488 [
7489 single criminal episode, and the minor is eligible under this section for a nonjudicial
7490 adjustment, [
7491 minor one nonjudicial adjustment for all offenses arising from the single criminal episode.
7492 [
7493 (i) conduct a validated risk and needs assessment; and
7494 (ii) request that a prosecuting attorney review a referral in accordance with Subsection
7495 [
7496 (A) the results of the validated risk and needs assessment indicate the minor is high
7497 risk; or
7498 (B) the results of the validated risk and needs assessment indicate the minor is
7499 moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5,
7500 Offenses Against the Person, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
7501 (b) If a minor violates Section 41-6a-502, the minor shall:
7502 (i) undergo a drug and alcohol screening;
7503 (ii) if found appropriate by the screening, participate in an assessment; and
7504 (iii) if warranted by the screening and assessment, follow the recommendations of the
7505 assessment.
7506 [
7507 juvenile probation officer shall request that a prosecuting attorney review a referral in
7508 accordance with Subsection [
7509 (a) the referral involves:
7510 (i) a felony offense; or
7511 (ii) a violation of:
7512 (A) Section 41-6a-502, driving under the influence;
7513 (B) Section 76-5-112, reckless endangerment creating a substantial risk of death or
7514 serious bodily injury;
7515 (C) Section 76-5-206, negligent homicide;
7516 (D) Section 76-9-702.1, sexual battery;
7517 (E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
7518 shotgun on or about school premises; or
7519 (F) Section 76-10-509, possession of a dangerous weapon by minor, but only if the
7520 dangerous weapon is a firearm;
7521 (b) the minor has a current suspended order for custody under [
7522
7523 (c) the referral involves an offense alleged to have occurred before an individual was
7524 12 years old and the offense is a felony violation of:
7525 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
7526 (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
7527 (iii) Section 76-5-203, murder or attempted murder;
7528 (iv) Section 76-5-302, aggravated kidnapping;
7529 (v) Section 76-5-405, aggravated sexual assault;
7530 (vi) Section 76-6-103, aggravated arson;
7531 (vii) Section 76-6-203, aggravated burglary;
7532 (viii) Section 76-6-302, aggravated robbery; or
7533 (ix) Section 76-10-508.1, felony discharge of a firearm.
7534 [
7535
7536 minor if the minor:
7537 (i) is referred for an offense that is a misdemeanor, infraction, or status offense;
7538 (ii) has no more than two prior adjudications; and
7539 (iii) has no more than three prior unsuccessful nonjudicial adjustment attempts.
7540 (b) If the juvenile court receives a referral for an offense that is alleged to have
7541 occurred before an individual was 12 years old, [
7542 probation officer shall offer a nonjudicial adjustment to the individual, unless the referral
7543 includes an offense described in Subsection [
7544 (c) (i) For purposes of determining a minor's eligibility for a nonjudicial adjustment
7545 under this Subsection [
7546 shall treat all offenses arising out of a single criminal episode that resulted in a nonjudicial
7547 adjustment as one prior nonjudicial adjustment.
7548 (ii) For purposes of determining a minor's eligibility for a nonjudicial adjustment under
7549 this Subsection [
7550 treat all offenses arising out of a single criminal episode that resulted in one or more prior
7551 adjudications as a single adjudication.
7552 (d) Except as provided in Subsection [
7553 juvenile probation officer may offer a nonjudicial adjustment to a minor who does not meet the
7554 criteria provided in Subsection [
7555 [
7556 probation officer may require a minor to:
7557 (a) pay a financial penalty of no more than $250 to the juvenile court, subject to the
7558 terms established under Subsection [
7559 (b) pay restitution to any victim;
7560 (c) complete community or compensatory service;
7561 (d) attend counseling or treatment with an appropriate provider;
7562 (e) attend substance abuse treatment or counseling;
7563 (f) comply with specified restrictions on activities or associations;
7564 (g) attend victim-offender mediation if requested by the victim; and
7565 (h) comply with any other reasonable action that is in the interest of the minor, the
7566 community, or the victim.
7567 [
7568 nonjudicial adjustment in accordance with Subsection [
7569 (5), the juvenile probation officer shall provide an initial notice to reasonably identifiable and
7570 locatable victims of the offense contained in the referral.
7571 (b) The victim shall be responsible to provide to [
7572 juvenile probation officer upon request:
7573 (i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and
7574 out-of-pocket loss;
7575 (ii) documentation and evidence of compensation or reimbursement from an insurance
7576 company or an agency of the state, any other state, or the federal government received as a
7577 direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and
7578 (iii) proof of identification, including home and work address and telephone numbers.
7579 (c) The inability, failure, or refusal of the victim to provide all or part of the requested
7580 information shall result in [
7581 determining restitution based on the best information available.
7582 [
7583 predicate acceptance of an offer of a nonjudicial adjustment on an admission of guilt.
7584 (b) The [
7585 an offer of a nonjudicial adjustment due to a minor's inability to pay a financial penalty under
7586 Subsection [
7587 (c) The [
7588 or the restitution for a nonjudicial adjustment under Subsection [
7589 minor's family to pay as determined by a statewide sliding scale developed in accordance with
7590 Section 63M-7-208 [
7591 (d) A nonjudicial adjustment may not extend for more than 90 days, unless a juvenile
7592 court judge extends the nonjudicial adjustment for an additional 90 days.
7593 (e) (i) Notwithstanding Subsection [
7594 nonjudicial adjustment beyond the 180 days permitted under Subsection [
7595 minor who is offered a nonjudicial adjustment under Subsection [
7596 offense under Title 76, Chapter 5, Part 4, Sexual Offenses, or is referred under Subsection
7597 [
7598 minor committed before the minor was 12 years old, if the judge determines that:
7599 (A) the nonjudicial adjustment requires specific treatment for the sexual offense;
7600 (B) the treatment cannot be completed within 180 days after the day on which the
7601 minor entered into the nonjudicial adjustment; and
7602 (C) the treatment is necessary based on a clinical assessment that is developmentally
7603 appropriate for the minor.
7604 (ii) If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection
7605 [
7606 treatment under this Subsection [
7607 90 days at a time.
7608 (f) If a minor violates Section 76-10-105, the minor may be required to pay a fine or
7609 penalty and participate in a court-approved tobacco education program with a participation fee.
7610 [
7611 Subsection [
7612 upon as part of the nonjudicial adjustment, or a minor is not offered or declines a nonjudicial
7613 adjustment in accordance with Subsection [
7614 (a) review the case; and
7615 (b) (i) dismiss the case;
7616 (ii) refer the case back to the [
7617 new attempt at nonjudicial adjustment; or
7618 (iii) except as provided in Subsections [
7619 80-6-305(2), file a petition with the juvenile court.
7620 [
7621 that:
7622 (i) the charges are supported by probable cause;
7623 (ii) admissible evidence will be sufficient to support adjudication beyond a reasonable
7624 doubt; and
7625 (iii) the decision to charge is in the interests of justice.
7626 (b) Failure to pay a fine or fee may not serve as a basis for filing of a petition under
7627 Subsection [
7628 agreed upon in accordance with Subsection [
7629 court diversion program.
7630 [
7631 (a) the prosecuting attorney has statutory authority to file the petition under Section
7632 [
7633 (b) (i) the minor does not qualify for a nonjudicial adjustment under Subsection [
7634 (5);
7635 (ii) the minor declines a nonjudicial adjustment;
7636 (iii) the minor fails to substantially comply with the conditions agreed upon as part of
7637 the nonjudicial adjustment;
7638 (iv) the minor fails to respond to the [
7639 officer's inquiry regarding eligibility for or an offer of a nonjudicial adjustment after being
7640 provided with notice for preliminary inquiry; or
7641 (v) the prosecuting attorney is acting under Subsection [
7642 [
7643 proceeding is commenced against a minor under Section [
7644 court may refer the case to [
7645 offer of nonjudicial adjustment.
7646 Section 155. Section 80-6-305, which is renumbered from Section 78A-6-602.5 is
7647 renumbered and amended to read:
7648 [
7649 a petition -- Continuance.
7650 (1) A prosecuting attorney shall file a petition, in accordance with Utah Rules of
7651 Juvenile Procedure, Rule 17, to commence a proceeding against a minor for an adjudication of
7652 an alleged offense, except as provided in:
7653 (a) Subsection (2);
7654 (b) Section [
7655 (c) Section [
7656 (d) Section [
7657 (2) A prosecuting attorney may not file a petition under Subsection (1) against an
7658 individual for an offense alleged to have occurred before the individual was 12 years old,
7659 unless:
7660 (a) the individual is alleged to have committed a felony violation of:
7661 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
7662 (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
7663 (iii) Section 76-5-203, murder or attempted murder;
7664 (iv) Section 76-5-302, aggravated kidnapping;
7665 (v) Section 76-5-405, aggravated sexual assault;
7666 (vi) Section 76-6-103, aggravated arson;
7667 (vii) Section 76-6-203, aggravated burglary;
7668 (viii) Section 76-6-302, aggravated robbery; or
7669 (ix) Section 76-10-508.1, felony discharge of a firearm; or
7670 (b) an offer for a nonjudicial adjustment is made under Section [
7671 and the minor:
7672 (i) declines to accept the offer for the nonjudicial adjustment; or
7673 (ii) fails to substantially comply with the conditions agreed upon as part of the
7674 nonjudicial adjustment.
7675 (3) A juvenile court may dismiss a petition under this section at any stage of the
7676 proceedings.
7677 (4) (a) When evidence is presented during any proceeding in a minor's case that points
7678 to material facts not alleged in the petition, the juvenile court may consider the additional or
7679 different material facts raised by the evidence if the parties consent.
7680 (b) The juvenile court, on a motion from any interested party or on the court's own
7681 motion, shall direct that the petition be amended to conform to the evidence.
7682 (c) If an amended petition under Subsection (4)(b) results in a substantial departure
7683 from the material facts originally alleged, the juvenile court shall grant a continuance as justice
7684 may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.
7685 Section 156. Section 80-6-306 is enacted to read:
7686 80-6-306. Plea -- Withdrawal of a plea.
7687 (1) If a minor is facing a delinquency proceeding under this chapter, the minor may
7688 enter:
7689 (a) a denial of the alleged offense;
7690 (b) an admission of the alleged offense; or
7691 (c) with the consent of the juvenile court, a plea of no contest as described in Section
7692 77-13-2.
7693 (2) (a) If a minor enters an admission under Subsection (1), the juvenile court may:
7694 (i) delay in entering the admission for a defined period of time; and
7695 (ii) impose conditions on the minor for the period of time under Subsection (2)(a)(i).
7696 (b) If the minor successfully completes the conditions imposed under Subsection
7697 (2)(a)(ii), the juvenile court shall dismiss the petition filed under this chapter.
7698 (c) If the minor fails to complete the conditions imposed under Subsection (2)(a)(ii),
7699 the juvenile court shall:
7700 (i) enter the minor's admission; and
7701 (ii) proceed with ordering a disposition in accordance with Section 80-6-701.
7702 (3) If a minor declines to enter a plea, the juvenile court shall enter a denial.
7703 (4) A minor's counsel may enter a denial in the absence of the minor or the minor's
7704 parent, guardian, or custodian.
7705 (5) The minor may enter an admission to:
7706 (a) a lesser included offense;
7707 (b) an offense of a lesser degree; or
7708 (c) a different offense for which the juvenile court may enter after amending the
7709 petition.
7710 (6) A plea under this section shall be conducted in accordance with Utah Rules of
7711 Juvenile Procedure, Rule 25.
7712 (7) A minor may withdraw a denial of an offense at any time before an adjudication
7713 under Section 80-6-701.
7714 (8) A minor may only withdraw an admission or a plea of no contest upon:
7715 (a) leave of the court; and
7716 (b) a showing that the admission or plea was not knowingly and voluntarily made.
7717 (9) (a) Even if the juvenile court has ordered a disposition under Part 7, Adjudication
7718 and Disposition, a minor shall make a request to withdraw an admission, or a plea of no
7719 contest, within 30 days after the day on which the minor entered the admission or plea.
7720 (b) If the juvenile court has not entered a disposition, the juvenile court may not
7721 announce a disposition until the motion to withdraw under Subsection (9)(a) is denied.
7722 Section 157. Section 80-6-307, which is renumbered from Section 78A-6-605 is
7723 renumbered and amended to read:
7724 [
7725 Exceptions.
7726 (1) [
7727 designated by the juvenile court, shall make a dispositional report in writing in all [
7728 minors' cases in which a petition has been filed, except [
7729
7730 wildlife laws[
7731 (2) When preparing a dispositional report and recommendation in [
7732
7733 designated by the juvenile court, shall consider the juvenile [
7734
7735 disposition guidelines developed in accordance with Section 63M-7-404 and any other factors
7736 relevant to the disposition designated in the juvenile disposition guidelines .
7737 (3) Where the allegations of a petition filed under [
7738 80-6-305 are denied, the investigation may not be made until the juvenile court has made an
7739 adjudication.
7740 Section 158. Section 80-6-401, which is renumbered from Section 78A-6-1301 is
7741 renumbered and amended to read:
7742
7743 [
7744 (1) [
7745 petition is filed under Section 80-6-305, or a criminal information is filed under Section
7746 80-6-503, in the juvenile court , a written motion may be filed alleging reasonable grounds to
7747 believe the minor is not competent to proceed.
7748 (2) The written motion shall contain:
7749 (a) a certificate that it is filed in good faith and on reasonable grounds to believe the
7750 minor is not competent to proceed due to:
7751 (i) a mental illness;
7752 (ii) an intellectual disability or a related condition; or
7753 (iii) developmental immaturity;
7754 (b) a recital of the facts, observations, and conversations with the minor that have
7755 formed the basis for the motion; and
7756 (c) if filed by defense counsel, the motion shall contain information that can be
7757 revealed without invading the lawyer-client privilege.
7758 (3) The motion may be:
7759 (a) based upon knowledge or information and belief; and [
7760 (b) filed by:
7761 [
7762 [
7763 [
7764 [
7765 [
7766 (4) (a) The [
7767 minor's competency at any time.
7768 (b) If raised by the juvenile court, counsel for each party shall be permitted to address
7769 the issue of competency[
7770 (c) The juvenile court shall state the basis for the finding that there are reasonable
7771 grounds to believe the minor is not competent to proceed.
7772 Section 159. Section 80-6-402, which is renumbered from Section 78A-6-1302 is
7773 renumbered and amended to read:
7774 [
7775 (1) When a written motion is filed [
7776 with Section 80-6-401 raising the issue of a minor's competency to proceed, or when the
7777 juvenile court raises the issue of a minor's competency to proceed, the juvenile court [
7778
7779 (2) (a) If a motion for inquiry is opposed by either party, the juvenile court shall, [
7780
7781 determining the sufficiency of the motion.
7782 (b) If the juvenile court finds that the allegations of incompetency raise a bona fide
7783 doubt as to the minor's competency to proceed, [
7784 (i) enter an order for an evaluation of the minor's competency to proceed[
7785 (ii) set a date for a hearing on the issue of the minor's competency.
7786 (3) After the granting of a motion, and [
7787 juvenile court may order the [
7788 minor and to report to the juvenile court concerning the minor's mental condition.
7789 (4) [
7790 (a) has experience in juvenile forensic evaluations and juvenile brain development[
7791
7792 (b) if it becomes apparent that the minor is not competent due to an intellectual
7793 disability or related condition, has experience in intellectual disability or related conditions;
7794 and
7795 (c) is not involved in the current treatment of the minor.
7796 [
7797
7798
7799 (5) The petitioner or other party, as directed by the juvenile court, shall provide all
7800 information and materials relevant to a determination of the minor's competency to the
7801 department within seven days of the juvenile court's order, including:
7802 (a) the motion;
7803 (b) the arrest or incident reports pertaining to the charged offense;
7804 (c) the minor's known delinquency history information;
7805 (d) the minor's probation record relevant to competency;
7806 (e) known prior mental health evaluations and treatments; and
7807 (f) consistent with 20 U.S.C. Sec. 1232g (b)(1)(E)(ii)(I), records pertaining to the
7808 minor's education.
7809 (6) (a) The minor's [
7810 prosecuting attorney, the defense attorney, and the attorney guardian ad litem, shall cooperate,
7811 by executing releases of information when necessary, in providing the relevant information and
7812 materials to the forensic evaluator, including:
7813 (i) medical records;
7814 (ii) prior mental evaluations; or
7815 (iii) records of diagnosis or treatment of substance abuse disorders.
7816 (b) The minor shall cooperate, by executing a release of information when necessary,
7817 in providing the relevant information and materials to the forensic evaluator regarding records
7818 of diagnosis or treatment of a substance abuse disorder.
7819 (7) (a) In conducting the evaluation and in the report determining if a minor is
7820 competent to proceed, the forensic evaluator shall inform the juvenile court of the forensic
7821 evaluator's opinion whether:
7822 (i) the minor has a present ability to consult with counsel with a reasonable degree of
7823 rational understanding; and [
7824 (ii) the minor has a rational as well as factual understanding of the proceedings.
7825 (b) In evaluating the minor, the forensic evaluator shall consider the minor's present
7826 ability to:
7827 (i) understand the charges or allegations against the minor;
7828 (ii) communicate facts, events, and states of mind;
7829 (iii) understand the range of possible penalties associated with the allegations against
7830 the minor;
7831 (iv) engage in reasoned choice of legal strategies and options;
7832 (v) understand the adversarial nature of the proceedings against the minor;
7833 (vi) manifest behavior sufficient to allow the juvenile court to proceed;
7834 (vii) testify relevantly; and
7835 (viii) any other factor determined to be relevant to the forensic evaluator.
7836 (8) (a) The forensic evaluator shall provide an initial report to the juvenile court, the
7837 prosecuting and defense attorneys, and the attorney guardian ad litem, if applicable, within 30
7838 days of the receipt of the juvenile court's order.
7839 (b) If the forensic evaluator informs the juvenile court that additional time is needed,
7840 the juvenile court may grant, taking into consideration the custody status of the minor, up to an
7841 additional 15 days to provide the report to the juvenile court and counsel.
7842 (c) The forensic evaluator must provide the report within 45 days from the receipt of
7843 the juvenile court's order unless, for good cause shown, the juvenile court authorizes an
7844 additional period of time to complete the evaluation and provide the report.
7845 (d) The report shall inform the juvenile court of the forensic evaluator's opinion
7846 concerning the minor's competency.
7847 (9) If the forensic evaluator's opinion is that the minor is not competent to proceed, the
7848 report shall indicate:
7849 (a) the nature of the minor's:
7850 (i) mental illness;
7851 (ii) intellectual disability or related condition; or
7852 (iii) developmental immaturity;
7853 (b) the relationship of the minor's mental illness, intellectual disability, related
7854 condition, or developmental immaturity to the minor's incompetence;
7855 (c) whether there is a substantial likelihood that the minor may attain competency in
7856 the foreseeable future;
7857 (d) the amount of time estimated for the minor to achieve competency if the minor
7858 undergoes competency attainment treatment, including medication;
7859 (e) the sources of information used by the forensic evaluator; and
7860 (f) the basis for clinical findings and opinions.
7861 (10) Any statement made by the minor in the course of any competency evaluation,
7862 whether the evaluation is with or without the consent of the minor, any testimony by the
7863 forensic evaluator based upon any statement, and any other fruits of the statement:
7864 (a) may not be admitted in evidence against the minor in [
7865
7866 on which the minor has introduced evidence; and
7867 (b) may be admitted where relevant to a determination of the minor's competency.
7868 (11) Before evaluating the minor, a forensic evaluator shall specifically advise the
7869 minor, and, if reasonably available, the parents or guardian, of the limits of confidentiality as
7870 provided under Subsection (10).
7871 (12) When the report is received, the juvenile court shall set a date for a competency
7872 hearing that shall be held in not less than five and not more than 15 days, unless the juvenile
7873 court enlarges the time for good cause.
7874 (13) (a) A minor shall be presumed competent unless the juvenile court, by a
7875 preponderance of the evidence, finds the minor not competent to proceed.
7876 (b) The burden of proof is upon the proponent of incompetency to proceed.
7877 (14) (a) Following the hearing, the juvenile court shall determine by a preponderance
7878 of evidence whether the minor is:
7879 (i) competent to proceed;
7880 (ii) not competent to proceed with a substantial probability that the minor may attain
7881 competency in the foreseeable future; or
7882 (iii) not competent to proceed without a substantial probability that the minor may
7883 attain competency in the foreseeable future.
7884 (b) If the juvenile court enters a finding [
7885 (14)(a)(i), the juvenile court shall proceed with [
7886 minor's case.
7887 (c) If the juvenile court enters a finding [
7888 (14)(a)(ii), the juvenile court shall proceed [
7889 [
7890 (d) (i) If the juvenile court enters a finding [
7891 (14)(a)(iii), the juvenile court shall terminate the competency proceeding, dismiss the
7892 [
7893 custody order related to the pending [
7894 the court that commitment proceedings will be initiated [
7895 (A) Title 62A Chapter 5, Part 3, Admission to an Intermediate Care Facility for People
7896 with an Intellectual Disability; [
7897 (B) if the minor is 18 years old or older, Title 62A, Chapter 15, Part 6, Utah State
7898 Hospital and Other Mental Health Facilities; or
7899 [
7900 Under Age 18 to Division of Substance Abuse and Mental Health.
7901 (ii) The commitment proceedings described in Subsection (14)(d)(i) shall be initiated
7902 within seven days after the [
7903 under Subsection (14)(a), unless the court enlarges the time for good cause shown.
7904 (iii) The juvenile court may order the minor to remain in custody until the commitment
7905 proceedings have been concluded.
7906 (15) If the juvenile court finds the minor not competent to proceed, the juvenile court's
7907 order shall contain findings addressing each of the factors in Subsection (7)(b).
7908 Section 160. Section 80-6-403, which is renumbered from Section 78A-6-1303 is
7909 renumbered and amended to read:
7910 [
7911 -- Subsequent hearings -- Notice to prosecuting attorneys.
7912 (1) If the juvenile court determines that the minor is not competent to proceed, and
7913 there is a substantial likelihood that the minor may attain competency in the foreseeable future,
7914 the juvenile court shall notify the department of the finding[
7915 days to develop an attainment plan for the minor.
7916 (2) The attainment plan shall include:
7917 (a) any services or treatment the minor has been or is currently receiving that are
7918 necessary to attain competency;
7919 (b) any additional services or treatment the minor may require to attain competency;
7920 (c) an assessment of the parent, custodian, or guardian's ability to access or provide any
7921 recommended treatment or services;
7922 (d) any special conditions or supervision that may be necessary for the safety of the
7923 minor or others during the attainment period; and
7924 (e) the likelihood that the minor will attain competency and the amount of time likely
7925 required for the minor to attain competency.
7926 (3) The department shall provide the attainment plan to the juvenile court, [
7927 the prosecuting attorney, the defense attorney, and the attorney guardian ad litem at least three
7928 days [
7929 (4) (a) During the attainment period, the minor shall remain in the least restrictive
7930 appropriate setting.
7931 (b) A finding of not competent to proceed does not grant authority for a juvenile court
7932 to place a minor in the custody of a division of the department, or create eligibility for services
7933 from the Division of Services for People With Disabilities.
7934 (c) If the juvenile court orders the minor to be held in detention during the attainment
7935 period, the juvenile court shall make the following findings on the record:
7936 (i) the placement is the least restrictive appropriate setting;
7937 (ii) the placement is in the best interest of the minor;
7938 (iii) the minor will have access to the services and treatment required by the attainment
7939 plan in the placement; and
7940 (iv) the placement is necessary for the safety of the minor or others.
7941 (d) A juvenile court shall terminate an order of detention related to the pending
7942 [
7943 (i) the most severe allegation against the minor if committed by an adult is a class B
7944 misdemeanor;
7945 (ii) more than 60 days have passed after the day on which the juvenile court
7946 adjudicated the minor not competent to proceed; and
7947 (iii) the minor has not attained competency.
7948 (5) (a) At any time that the minor becomes competent to proceed during the attainment
7949 period, the department shall notify the juvenile court, [
7950 defense attorney, and the attorney guardian ad litem.
7951 (b) The juvenile court shall hold a hearing with 15 business days of notice from the
7952 department described in Subsection (5)(a).
7953 (6) (a) If at any time during the attainment period the juvenile court finds that there is
7954 not a substantial probability that the minor will attain competency in the foreseeable future, the
7955 juvenile court shall terminate the competency proceeding, dismiss the [
7956
7957 custody order related to the pending [
7958 prosecuting attorney or any other individual informs the juvenile court that commitment
7959 proceedings will be initiated [
7960 (i) Title 62A Chapter 5, Part 3, Admission to an Intermediate Care Facility for People
7961 with an Intellectual Disability; [
7962 (ii) if the minor is 18 years old or older, Title 62A, Chapter 15, Part 6, Utah State
7963 Hospital and Other Mental Health Facilities; or
7964 [
7965 Under Age 18 to Division of Substance Abuse and Mental Health.
7966 (b) The [
7967 Subsection (6)(a) within seven days after the juvenile court's order, unless the juvenile court
7968 enlarges the time for good cause shown.
7969 (7) During the attainment period, the juvenile court may order a hearing or rehearing at
7970 anytime on [
7971 party or the department.
7972 (8) (a) Within three months of the juvenile court's approval of the attainment plan, the
7973 department shall provide a report on the minor's progress towards competence.
7974 (b) The report described in Subsection (8)(a) shall address the minor's:
7975 (i) compliance with the attainment plan;
7976 (ii) progress towards competency based on the issues identified in the original
7977 competency evaluation; and
7978 (iii) current mental illness, intellectual disability or related condition, or developmental
7979 immaturity, and need for treatment, if any, and whether there is substantial likelihood of the
7980 minor attaining competency within six months.
7981 (9) (a) Within 30 days of receipt of the report, the juvenile court shall hold a hearing to
7982 determine the minor's current status.
7983 (b) At the hearing, the burden of proving the minor is competent is on the proponent of
7984 competency.
7985 (c) The juvenile court shall determine by a preponderance of the evidence whether the
7986 minor is competent to proceed.
7987 (10) If the minor has not attained competency after the initial three month attainment
7988 period but is showing reasonable progress towards attainment of competency, the juvenile
7989 court may extend the attainment period up to an additional three months.
7990 (11) The department shall provide an updated juvenile competency evaluation at the
7991 conclusion of the six month attainment period to advise the juvenile court on the minor's
7992 current competency status.
7993 (12) If the minor does not attain competency within six months after the juvenile court
7994 initially finds the minor not competent to proceed, the court shall terminate the competency
7995 proceedings and dismiss the [
7996 prejudice, unless good cause is shown that there is a substantial likelihood the minor will attain
7997 competency within one year from the initial finding of not competent to proceed.
7998 (13) In the event a minor has an unauthorized leave lasting more than 24 hours, the
7999 attainment period shall toll until the minor returns.
8000 Section 161. Section 80-6-501, which is renumbered from Section 78A-6-703.1 is
8001 renumbered and amended to read:
8002
8003 [
8004 As used in this part:
8005 (1) "Qualifying offense" means an offense described in Subsection [
8006 80-6-503 (1) or (2)(b).
8007 (2) "Separate offense" means any offense that is not a qualifying offense.
8008 Section 162. Section 80-6-502, which is renumbered from Section 78A-6-703.2 is
8009 renumbered and amended to read:
8010 [
8011 (1) If a prosecuting attorney charges a minor with aggravated murder under Section
8012 76-5-202 or murder under Section 76-5-203, the prosecuting attorney shall file a criminal
8013 information in the district court if the minor was the principal actor in an offense and the
8014 information alleges:
8015 (a) the minor was 16 or 17 years old at the time of the offense; and
8016 (b) the offense for which the minor is being charged is:
8017 (i) Section 76-5-202, aggravated murder; or
8018 (ii) Section 76-5-203, murder.
8019 (2) If the prosecuting attorney files a criminal information in the district court in
8020 accordance with Subsection (1), the district court shall try the minor as an adult, except:
8021 (a) the minor is not subject to a sentence of death in accordance with Subsection
8022 76-3-206(2)(b); and
8023 (b) the minor is not subject to a sentence of life without parole in accordance with
8024 Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
8025 (3) Except for a minor who is subject to the authority of the Board of Pardons and
8026 Parole, a minor shall be held in a [
8027 where the minor will be held until the time of trial if:
8028 (a) the minor is 16 or 17 years old; and
8029 (b) the minor is arrested for aggravated murder or murder.
8030 (4) In considering where a minor will be detained until the time of trial, the district
8031 court shall consider:
8032 (a) the age of the minor;
8033 (b) the nature, seriousness, and circumstances of the alleged offense;
8034 (c) the minor's history of prior criminal acts;
8035 (d) whether [
8036 adequately serve the need for community protection pending the outcome of any criminal
8037 proceedings;
8038 (e) the relative ability of the facility to meet the needs of the minor and protect the
8039 public;
8040 (f) the physical maturity of the minor;
8041 (g) the current mental state of the minor as evidenced by relevant mental health or a
8042 psychological assessment or screening that is made available to the district court; and
8043 (h) any other factors that the district court considers relevant.
8044 (5) A minor ordered to a [
8045 in the facility:
8046 (a) until released by the district court; or
8047 (b) if convicted, until sentencing.
8048 (6) If a minor is held in a [
8049 court shall:
8050 (a) advise the minor of the right to bail; and
8051 (b) set initial bail in accordance with Title 77, Chapter 20, Bail.
8052 (7) If the minor ordered to a [
8053 the age of 18 years, the minor shall be transferred within 30 days to an adult jail until:
8054 (a) released by the district court [
8055 (b) if convicted, sentencing.
8056 (8) If a minor is ordered to a [
8057 minor's conduct or condition endangers the safety or welfare of others in the [
8058 detention facility, the district court may find that the minor shall be detained in another place of
8059 confinement considered appropriate by the district court, including a jail or an adult facility for
8060 pretrial confinement.
8061 (9) If a minor is charged for aggravated murder or murder in the district court under
8062 this section, and all charges for aggravated murder or murder result in an acquittal, a finding of
8063 not guilty, or a dismissal:
8064 (a) the juvenile court gains jurisdiction over all other offenses committed by the minor;
8065 and
8066 (b) the [
8067 minor.
8068 Section 163. Section 80-6-503, which is renumbered from Section 78A-6-703.3 is
8069 renumbered and amended to read:
8070 [
8071 -- Extending juvenile court jurisdiction.
8072 [
8073 (1) If a prosecuting attorney charges a minor with a felony, the prosecuting attorney
8074 may file a criminal information in the juvenile court if the minor was a principal actor in an
8075 offense and the information alleges:
8076 [
8077 [
8078 [
8079 another;
8080 [
8081 [
8082 [
8083 [
8084 [
8085 [
8086 [
8087 [
8088 [
8089 through [
8090 felony had an adult committed the offense[
8091 adjudicated or convicted of an offense involving the use of a dangerous weapon that would
8092 have been a felony if committed by an adult; or
8093 [
8094 [
8095 [
8096 [
8097 (2) At the time that a prosecuting attorney files an information under this section, a
8098 party may file a motion to extend the juvenile court's continuing jurisdiction in accordance with
8099 Section 80-6-605.
8100 Section 164. Section 80-6-504, which is renumbered from Section 78A-6-703.5 is
8101 renumbered and amended to read:
8102 [
8103 Detention of a minor bound over to the district court .
8104 (1) If a prosecuting attorney files a criminal information in accordance with Section
8105 [
8106 whether a minor should be bound over to the district court for a qualifying offense.
8107 (2) At the preliminary hearing under Subsection (1), the prosecuting attorney shall have
8108 the burden of establishing:
8109 (a) probable cause to believe that a qualifying offense was committed and the minor
8110 committed that offense; and
8111 (b) by a preponderance of the evidence, that it is contrary to the best interests of the
8112 minor and the public for the juvenile court to retain jurisdiction over the offense.
8113 (3) In making a determination under Subsection (2)(b), the juvenile court shall consider
8114 and make findings on:
8115 (a) the seriousness of the qualifying offense and whether the protection of the
8116 community requires that the minor is detained beyond the amount of time allowed under
8117 Subsection [
8118 the juvenile court may exercise under Section [
8119 (b) the extent to which the minor's actions in the qualifying offense were committed in
8120 an aggressive, violent, premeditated, or willful manner;
8121 (c) the minor's mental, physical, educational, trauma, and social history;
8122 (d) the criminal record or history of the minor; and
8123 (e) the likelihood of the minor's rehabilitation by the use of services and facilities that
8124 are available to the juvenile court.
8125 (4) The amount of weight that each factor in Subsection (3) is given is in the juvenile
8126 court's discretion.
8127 (5) (a) The juvenile court may consider any written report or other material that relates
8128 to the minor's mental, physical, educational, trauma, and social history.
8129 (b) Upon request by the minor, the minor's parent, guardian, or other interested party,
8130 the juvenile court shall require the person preparing the report, or other material, under
8131 Subsection (5)(a) to appear and be subject to direct and cross-examination.
8132 (6) At the preliminary hearing under Subsection (1), a minor may testify under oath,
8133 call witnesses, cross-examine witnesses, and present evidence on the factors described in
8134 Subsection (3).
8135 (7) (a) A proceeding before the juvenile court related to a charge filed under this part
8136 shall be conducted in conformity with the Utah Rules of Juvenile Procedure.
8137 (b) [
8138 80-6-602, 80-6-603, and 80-6-604 are applicable to the preliminary hearing under this section.
8139 (8) If the juvenile court finds that the prosecuting attorney has met the burden of proof
8140 under Subsection (2), the juvenile court shall bind the minor over to the district court to be held
8141 for trial.
8142 (9) (a) If the juvenile court finds that a qualifying offense has been committed by a
8143 minor, but the prosecuting attorney has not met the burden of proof under Subsection (2)(b),
8144 the juvenile court shall:
8145 (i) proceed upon the criminal information as if the information were a petition under
8146 Section [
8147 (ii) release or detain the minor in accordance with [
8148 80-6-207 ; and
8149 (iii) proceed with an adjudication for the minor in accordance with this chapter.
8150 (b) If the juvenile court finds that the prosecuting attorney has not met the burden
8151 under Subsection (2) to bind a minor over to the district court, the prosecuting attorney may file
8152 a motion to extend the juvenile court's continuing jurisdiction over the minor's case until the
8153 minor is 25 years old in accordance with Section [
8154 (10) (a) A prosecuting attorney may charge a minor with a separate offense in the same
8155 criminal information as the qualifying offense if the qualifying offense and separate offense
8156 arise from a single criminal episode.
8157 (b) If the prosecuting attorney charges a minor with a separate offense as described in
8158 Subsection (10)(a):
8159 (i) the prosecuting attorney shall have the burden of establishing probable cause to
8160 believe that the separate offense was committed and the minor committed the separate offense;
8161 and
8162 (ii) if the prosecuting attorney establishes probable cause for the separate offense under
8163 Subsection (10)(b)(i) and the juvenile court binds the minor over to the district court for the
8164 qualifying offense, the juvenile court shall also bind the minor over for the separate offense to
8165 the district court.
8166 (11) If a grand jury indicts a minor for a qualifying offense:
8167 (a) the prosecuting attorney does not need to establish probable cause under Subsection
8168 (2)(a) for the qualifying offense and any separate offense included in the indictment; and
8169 (b) the juvenile court shall proceed with determining whether the minor should be
8170 bound over to the district court for the qualifying offense and any separate offense included in
8171 the indictment in accordance with Subsections (2)(b) and (3).
8172 (12) If a minor is bound over to the district court, the juvenile court shall:
8173 (a) issue a criminal warrant of arrest;
8174 (b) advise the minor of the right to bail; and
8175 (c) set initial bail in accordance with Title 77, Chapter 20, Bail.
8176 (13) (a) At the time that a minor is bound over to the district court, the juvenile court
8177 shall make an initial determination on where the minor is held until the time of trial.
8178 (b) In determining where a minor is held until the time of trial, the juvenile court shall
8179 consider:
8180 (i) the age of the minor;
8181 (ii) the minor's history of prior criminal acts;
8182 (iii) whether [
8183 adequately serve the need for community protection pending the outcome of any criminal
8184 proceedings;
8185 (iv) the relative ability of the facility to meet the needs of the minor and protect the
8186 public;
8187 (v) the physical maturity of the minor;
8188 (vi) the current mental state of the minor as evidenced by relevant mental health or
8189 psychological assessments or screenings that are made available to the juvenile court; and
8190 (vii) any other factors that the court considers relevant.
8191 (14) If the juvenile court orders a minor to be detained in a [
8192 under Subsection (13), the minor shall remain in the detention facility:
8193 (a) until released by a district court; or
8194 (b) if convicted, until sentencing.
8195 (15) If the juvenile court orders the minor to be detained in a [
8196 facility under Subsection (13) and the minor attains the age of 18 while detained at the facility,
8197 the minor shall be transferred within 30 days to an adult jail to remain:
8198 (a) until released by the district court; or
8199 (b) if convicted, until sentencing.
8200 (16) Except as provided in Subsection (17) and Section [
8201 minor is bound over to the district court under this section, the jurisdiction of the [
8202
8203 qualifying offense and any other separate offense for which the minor is bound over.
8204 (17) If a minor is bound over to the district court for a qualifying offense and the
8205 qualifying offense results in an acquittal, a finding of not guilty, or a dismissal:
8206 (a) the juvenile court regains jurisdiction over any separate offense committed by the
8207 minor; and
8208 (b) the [
8209 minor.
8210 Section 165. Section 80-6-505, which is renumbered from Section 78A-6-703.6 is
8211 renumbered and amended to read:
8212 [
8213 district court.
8214 (1) If the juvenile court binds a minor over to the district court in accordance with
8215 Section [
8216 an adult in the district court except:
8217 (a) the minor is not subject to a sentence of death in accordance with Subsection
8218 76-3-206(2)(b); and
8219 (b) the minor is not subject to a sentence of life without parole in accordance with
8220 Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
8221 (2) A minor who is bound over to the district court to answer as an adult is not entitled
8222 to a preliminary hearing in the district court.
8223 (3) (a) If a minor is bound over to the district court by the juvenile court, the district
8224 court may reconsider the juvenile court's decision under Subsection [
8225 80-6-504 (13) as to where the minor is being held until trial.
8226 (b) If the district court reconsiders the juvenile court's decision as to where the minor is
8227 held, the district court shall consider and make findings on:
8228 (i) the age of the minor;
8229 (ii) the minor's history of prior criminal acts;
8230 (iii) whether [
8231 adequately serve the need for community protection pending the outcome of any criminal
8232 proceedings;
8233 (iv) the relative ability of the detention facility to meet the needs of the minor and
8234 protect the public;
8235 (v) the physical maturity of the minor;
8236 (vi) the current mental state of the minor as evidenced by relevant mental health or
8237 psychological assessments or screenings that are made available to the district court; and
8238 (vii) any other factors the district court considers relevant.
8239 (4) A minor who is ordered to a [
8240 remain in the facility:
8241 (a) until released by a district court; or
8242 (b) if convicted, until sentencing.
8243 (5) If the district court orders the minor to be detained in a [
8244 under Subsection (3) and the minor attains the age of 18 while detained at the detention facility,
8245 the minor shall be transferred within 30 days to an adult jail to remain:
8246 (a) until released by the district court; or
8247 (b) if convicted, until sentencing.
8248 (6) If a minor is bound over to the district court and detained in a [
8249 facility, the district court may order the minor be detained in another place of confinement that
8250 is considered appropriate by the district court, including a jail or other place of pretrial
8251 confinement for adults if the minor's conduct or condition endangers the safety and welfare of
8252 others in the detention facility.
8253 (7) If the district court obtains jurisdiction over a minor under Section [
8254 80-6-504 , the district court is not divested of jurisdiction for a qualifying offense or a separate
8255 offense listed in the criminal information when the minor is allowed to enter a plea to, or is
8256 found guilty of, another offense in the same criminal information.
8257 Section 166. Section 80-6-506, which is renumbered from Section 78A-6-704 is
8258 renumbered and amended to read:
8259 [
8260 (1) A minor may, as a matter of right, appeal from an order of the juvenile court
8261 binding the minor over to the district court under Section [
8262 (2) The prosecuting attorney may, as a matter of right, appeal an order of the juvenile
8263 court that a minor charged in accordance with Section [
8264 adjudicated in the juvenile court.
8265 Section 167. Section 80-6-507, which is renumbered from Section 78A-6-705 is
8266 renumbered and amended to read:
8267 [
8268 (1) (a) Before sentencing a minor, who was bound over to the district court under
8269 Section [
8270 a report from the [
8271 other minors if the minor were to be committed to the [
8272
8273 (b) The [
8274 report to the district court as part of the [
8275 report.
8276 (2) If, after receiving the report described in Subsection (1), the district court
8277 determines that probation is not appropriate and commitment to prison is an appropriate
8278 sentence, the district court shall order the minor committed to prison and the minor shall be
8279 provisionally housed [
8280 in a secure care facility until the minor reaches 18 years old, unless released earlier from
8281 incarceration by the Board of Pardons and Parole.
8282 (3) The district court may order the minor committed directly to the legal and physical
8283 custody of the Department of Corrections if the district court finds that:
8284 (a) the minor would present an unreasonable risk to others while in the custody of the
8285 [
8286 (b) the minor has previously been committed to a prison for adult offenders; or
8287 (c) housing the minor in [
8288
8289 (4) (a) The [
8290 rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding
8291 the transfer of a minor provisionally housed in [
8292 Subsection (2) to the custody of the Department of Corrections.
8293 (b) If, in accordance with the rules adopted under Subsection (4)(a), the [
8294
8295 secure care facility presents an unreasonable risk to others or that it is not in the best interest of
8296 the minor, the [
8297 custody of the minor to the Department of Corrections.
8298 (5) (a) When a minor is committed to prison but ordered by a district court to be
8299 housed in [
8300 section, the district court and the [
8301 immediately notify the Board of Pardons and Parole so that the minor may be scheduled for a
8302 hearing according to board procedures.
8303 (b) If a minor who is provisionally housed in [
8304
8305 from incarceration by the time the minor reaches 18 years old, the [
8306
8307 reaches 18 years and 6 months old, transfer the minor to the physical custody of the
8308 Department of Corrections.
8309 (6) Upon the commitment of a minor to the custody of the [
8310
8311 and Parole has authority over the minor for purposes of parole, pardon, commutation,
8312 termination of sentence, remission of fines or forfeitures, orders of restitution, and all other
8313 purposes authorized by law.
8314 (7) The [
8315 otherwise keep informed of the progress of a minor in the custody of the [
8316
8317 Parole any information or recommendations concerning the minor.
8318 (8) Commitment of a minor under this section is a prison commitment for all
8319 sentencing purposes.
8320 Section 168. Section 80-6-601, which is renumbered from Section 78A-6-116 is
8321 renumbered and amended to read:
8322
8323 [
8324 Minor not to be charged with crime -- Exception for a prior adjudication -- Traffic
8325 violation cases.
8326 (1) Except as provided in [
8327 Transfer to District Court , a proceeding in a minor's case under this chapter is a civil
8328 proceeding with the juvenile court exercising equitable powers.
8329 (2) (a) An adjudication by a juvenile court of a minor under [
8330 chapter is not considered a conviction of a crime, except in cases involving traffic violations.
8331 (b) An adjudication may not:
8332 (i) operate to impose any civil disabilities upon the minor; or
8333 (ii) disqualify the minor for any civil service or military service or appointment.
8334 (3) (a) Except in cases involving traffic violations, and as provided in [
8335
8336 be charged with a crime and convicted in any court.
8337 (b) Except as provided in Section [
8338 juvenile court, the minor may not later be subject to criminal prosecution based on the same
8339 facts.
8340 (c) Except as provided in Section [
8341 subject to a [
8342 alleged to have committed before the individual was 12 years old.
8343 (4) (a) An adjudication by a juvenile court of a minor under [
8344 chapter is considered a conviction for the purposes of determining the level of offense for
8345 which a minor may be charged and enhancing the level of an offense in the juvenile court.
8346 (b) A prior adjudication may be used to enhance the level or degree of an offense
8347 committed by an adult only as otherwise specifically provided.
8348 [
8349
8350 [
8351
8352
8353
8354
8355 [
8356
8357
8358
8359 Section 169. Section 80-6-602 is enacted to read:
8360 80-6-602. Hearings or proceedings for minors -- Prosecuting attorney -- Order for
8361 indigent defense -- Custody in the Division of Child and Family Services.
8362 (1) In a hearing or proceeding under this chapter, the juvenile court:
8363 (a) shall admit any person who has a direct interest in the case;
8364 (b) may admit any person whose presence is requested by the minor's parent or
8365 guardian; and
8366 (c) shall exclude any other person except as provided in Subsection (2).
8367 (2) In a hearing or proceeding under this chapter for a minor who is 14 years old or
8368 older, the juvenile court shall admit any person, unless the hearing or proceeding is closed by
8369 the juvenile court upon findings, on the record, for good cause if:
8370 (a) the minor has been charged with an offense that would be a felony if committed by
8371 an adult; or
8372 (b) the minor is charged with an offense that would be a class A or B misdemeanor if
8373 committed by an adult and the minor has been previously charged with an offense that would
8374 be a misdemeanor or felony if committed by an adult.
8375 (3) If more than one minor is alleged to be involved in a violation of a law or
8376 ordinance, the proceedings for the violation may be consolidated, except a separate hearing
8377 may be held with respect to a disposition for a minor.
8378 (4) The county attorney, or the district attorney if within a prosecution district, shall
8379 represent the state in a proceeding under this chapter.
8380 (5) If a minor is facing a proceeding under this chapter, a juvenile court shall:
8381 (a) appoint an indigent defense service provider for the minor in accordance with Title
8382 78B, Chapter 22, Part 2, Appointment of Counsel; and
8383 (b) order indigent defense services for the minor in accordance with Title 78B, Chapter
8384 22, Part 2, Appointment of Counsel.
8385 (6) A juvenile court may appoint an attorney guardian ad litem under Section
8386 78A-2-803, or as otherwise provided by law, to represent a child under this chapter.
8387 (7) A juvenile court may not vest custody of a minor facing a delinquency proceeding
8388 under this chapter in the Division of Child and Family Services, except as provided in Chapter
8389 3, Abuse, Neglect, and Dependency Proceedings.
8390 Section 170. Section 80-6-603 is enacted to read:
8391 80-6-603. Rights of minors facing delinquency proceedings.
8392 If a minor is facing a delinquency proceeding under this chapter, the minor has the right
8393 to:
8394 (1) appear in person in the proceeding for the petition or the criminal information;
8395 (2) defend, in person or by counsel, against the allegations in the petition or the
8396 criminal information;
8397 (3) receive a copy of the petition or the criminal information;
8398 (4) testify on the minor's own behalf;
8399 (5) confront the witnesses against the minor;
8400 (6) secure the attendance of witnesses on the minor's behalf under Section 78A-6-351;
8401 (7) be represented by counsel at all stages of the proceedings;
8402 (8) be appointed an indigent defense service provider and be provided indigent defense
8403 services in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel;
8404 (9) remain silent and be advised that anything the minor says can and will be used
8405 against the minor in any court proceedings; and
8406 (10) appeal any adjudication under this chapter.
8407 Section 171. Section 80-6-604 is enacted to read:
8408 80-6-604. Victim's rights -- Access to juvenile court records.
8409 (1) (a) If a minor is charged in a petition or information under this chapter for an
8410 offense that if committed by an adult would be a felony or a class A or class B misdemeanor, a
8411 victim of any act charged in the petition or information shall, upon request, be afforded all
8412 rights afforded to victims in:
8413 (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
8414 (ii) Title 77, Chapter 37, Victims' Rights;
8415 (iii) Title 77, Chapter 38, Rights of Crime Victims Act; and
8416 (iv) Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
8417 (b) The notice provisions in Section 77-38-3 do not apply to important juvenile justice
8418 hearings as defined in Section 77-38-2.
8419 (2) A victim, upon request to the appropriate juvenile court personnel, shall have the
8420 right to inspect and duplicate juvenile court records related to the offense against the victim
8421 that have not been expunged under Part 10, Juvenile Records and Expungement, concerning:
8422 (a) the scheduling of any juvenile court hearings on a petition or information filed
8423 under this chapter;
8424 (b) any findings made by the juvenile court; and
8425 (c) any order or disposition imposed by the juvenile court.
8426 Section 172. Section 80-6-605, which is renumbered from Section 78A-6-703.4 is
8427 renumbered and amended to read:
8428 [
8429 Procedure.
8430 (1) At the time that a prosecuting attorney [
8431 80-6-305, or a criminal information under Section 80-6-503, for a felony offense alleged to
8432 have been committed by a minor who is 14 years old or older [
8433 file a motion to extend the juvenile court's continuing jurisdiction over the minor's case until
8434 the minor is 25 years old if:
8435 (a) the minor was the principal actor in the offense; and
8436 (b) the petition or [
8437 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
8438 (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
8439 (iii) Section 76-5-203, murder or attempted murder;
8440 (iv) Section 76-5-302, aggravated kidnapping;
8441 (v) Section 76-5-405, aggravated sexual assault;
8442 (vi) Section 76-6-103, aggravated arson;
8443 (vii) Section 76-6-203, aggravated burglary;
8444 (viii) Section 76-6-302, aggravated robbery;
8445 (ix) Section 76-10-508.1, felony discharge of a firearm; or
8446 (x) (A) an offense other than the offenses listed in Subsections (1)(b)(i) through (ix)
8447 involving the use of a dangerous weapon that would be a felony if committed by an adult; and
8448 (B) the minor has been previously adjudicated or convicted of an offense involving the
8449 use of a dangerous weapon that would have been a felony if committed by an adult.
8450 (2) (a) Notwithstanding Subsection (1), either party may file a motion to extend the
8451 juvenile court's continuing jurisdiction after a determination by the juvenile court that the
8452 minor will not be bound over to the district court under Section [
8453 (3) The juvenile court shall make a determination on a motion under Subsection (1) or
8454 (2) at the time of disposition.
8455 (4) The juvenile court shall extend the continuing jurisdiction over the minor's case
8456 until the minor is 25 years old if the juvenile court finds, by a preponderance of the evidence,
8457 that extending continuing jurisdiction is in the best interest of the minor and the public.
8458 (5) In considering whether it is in the best interest of the minor and the public for the
8459 court to extend jurisdiction over the minor's case until the minor is 25 years old, the juvenile
8460 court shall consider and base the juvenile court's decision on:
8461 (a) whether the protection of the community requires an extension of jurisdiction
8462 beyond the age of 21;
8463 (b) the extent to which the minor's actions in the offense were committed in an
8464 aggressive, violent, premeditated, or willful manner;
8465 (c) the minor's mental, physical, educational, trauma, and social history; and
8466 (d) the criminal record and previous history of the minor.
8467 (6) The amount of weight that each factor in Subsection (5) is given is in the juvenile
8468 court's discretion.
8469 (7) (a) The juvenile court may consider written reports and other materials relating to
8470 the minor's mental, physical, educational, trauma, and social history.
8471 (b) Upon request by the minor, the minor's parent, guardian, or other interested party,
8472 the juvenile court shall require the person preparing the report or other material to appear and
8473 be subject to both direct and cross-examination.
8474 (8) A minor may testify under oath, call witnesses, cross-examine witnesses, and
8475 present evidence on the factors described in Subsection (5).
8476 Section 173. Section 80-6-606 is enacted to read:
8477 80-6-606. Validated risk and needs assessment -- Examination of minor or minor's
8478 parent or guardian.
8479 (1) (a) If a minor is adjudicated for an offense under this chapter, the minor shall
8480 undergo a risk screening or, if indicated, a validated risk and needs assessment.
8481 (b) If a minor undergoes a risk screening or a validated risk and needs assessment, the
8482 results of the screening or assessment shall be used to inform the juvenile court's disposition
8483 and any case planning for the minor.
8484 (c) If a minor undergoes a validated risk and needs assessment, the results of the
8485 assessment may not be shared with the juvenile court before the adjudication of the minor.
8486 (2) If the juvenile court's continuing jurisdiction over a minor's case is terminated, the
8487 minor shall undergo a validated risk and needs assessment within seven days of the day on
8488 which an order terminating the juvenile court's continuing jurisdiction is issued if:
8489 (a) the minor is adjudicated under this chapter; and
8490 (b) the minor underwent a validated risk and needs assessment under Subsection (1).
8491 (3) (a) If a petition under this chapter has been filed for a minor, a juvenile court may:
8492 (i) order that the minor be examined by a physician, surgeon, psychiatrist, or
8493 psychologist; and
8494 (ii) place the minor in a hospital or other facility for examination.
8495 (b) After notice and a hearing set for the specific purpose, the juvenile court may order
8496 an examination of a minor's parent or guardian whose ability to care for a minor is at issue if
8497 the juvenile court finds from the evidence presented at the hearing that the parent's or
8498 guardian's physical, mental, or emotional condition may be a factor in causing the delinquency
8499 of the minor.
8500 (c) An examination conducted in accordance with this Subsection (3) is not a
8501 privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from
8502 the general rule of privilege.
8503 Section 174. Section 80-6-607, which is renumbered from Section 78A-6-123 is
8504 renumbered and amended to read:
8505 [
8506 (1) For a minor adjudicated and placed on probation under Section 80-6-702 or [
8507
8508 Section [
8509 (a) developed in collaboration with the minor and the minor's family;
8510 (b) individualized to the minor;
8511 (c) informed by the results of a validated risk and needs assessment under Section
8512 80-6-606 ; and
8513 (d) tailored to the minor's offense and history.
8514 (2) (a) The Administrative Office of the Courts and the[
8515
8516 to the behaviors of minors:
8517 (i) undergoing nonjudicial adjustments;
8518 (ii) whose case is under the jurisdiction of the juvenile court; and
8519 (iii) in the custody of the [
8520 (b) The system of responses shall include both sanctions and incentives that:
8521 (i) are swift and certain;
8522 (ii) include a continuum of community based responses for minors living at home;
8523 (iii) target a minor's criminogenic risks and needs, as determined by the results of a
8524 validated risk and needs assessment under Section 80-6-606 , and the severity of the violation;
8525 and
8526 (iv) authorize earned discharge credits as one incentive for compliance.
8527 (c) After considering the juvenile disposition guidelines established by the Sentencing
8528 Commission, [
8529 responses under Subsections (2)(a) and (b) shall be developed.
8530 (3) (a) A response to [
8531 shall be documented in the minor's case plan.
8532 (b) Documentation under Subsection (3)(a) shall include:
8533 [
8534 [
8535 [
8536 (4) Before referring a minor to a juvenile court for judicial review, or to the [
8537
8538
8539 [
8540 pattern of appropriate responses shall be documented in the minor's case plan in accordance
8541 with Subsections (3)(a) and (b) .
8542 (5) Notwithstanding Subsection (4), [
8543
8544 Section 78B-7-803 [
8545 violation may be filed directly with the juvenile court.
8546 Section 175. Section 80-6-608, which is renumbered from Section 78A-6-1104 is
8547 renumbered and amended to read:
8548 [
8549 tests may be taken -- Distribution -- DNA Collection -- Reimbursement .
8550 (1) The[
8551 fingerprints of [
8552 (a) 14 years [
8553 offense that would be a felony if the minor were 18 years old or older; and
8554 (b) admitted to a detention facility [
8555
8556
8557 (2) The [
8558 or older at the time that the minor is alleged to have committed an offense described in
8559 Subsection (2)(a) or (b) to have the minor's fingerprints taken at a detention facility [
8560
8561 (a) adjudicated for an offense that would be a class A misdemeanor if the minor were
8562 18 years [
8563 (b) adjudicated for an offense that would be a felony if the minor were 18 years [
8564
8565
8566 (3) The [
8567 who is:
8568 (a) 14 years [
8569 committed an offense that would be a felony or a class A misdemeanor if the minor were 18
8570 years old or older; and
8571 (b) adjudicated for [
8572
8573 (4) [
8574 fingerprints shall be forwarded to the Bureau of Criminal Identification and may be stored by
8575 electronic medium.
8576 (5) HIV testing shall be conducted on a minor who is taken into custody after having
8577 been adjudicated [
8578 Chapter 5, Part 4, Sexual Offenses, upon the request of:
8579 (a) the victim[
8580 (b) the parent or guardian of a victim who is younger than 14 years [
8581 (c) the [
8582 defined in Section 62A-3-301.
8583 (6) HIV testing shall be conducted on a minor against whom a petition has been filed
8584 or a pickup order has been issued for the commission of any offense under Title 76, Chapter 5,
8585 Part 4, Sexual Offenses[
8586 (a) upon the request of:
8587 (i) the victim[
8588 (ii) the parent or guardian of a victim who is younger than 14 years [
8589 (iii) the [
8590 defined in Section 62A-3-301[
8591 (b) in which:
8592 [
8593 order, or any other order based upon probable cause regarding the alleged offense; and
8594 [
8595 alleged victim has been exposed to HIV infection as a result of the alleged offense.
8596 (7) HIV tests, photographs, and fingerprints may not be taken of a child who is younger
8597 than 14 years [
8598 (8) (a) Photographs taken under this section may be distributed or disbursed to [
8599
8600 (i) state and local law enforcement agencies;
8601 (ii) the judiciary; and
8602 (iii) the [
8603 (b) Fingerprints may be distributed or disbursed to [
8604
8605 (i) state and local law enforcement agencies;
8606 (ii) the judiciary;
8607 (iii) the [
8608 (iv) agencies participating in the Western Identification Network.
8609 [
8610
8611
8612 (9) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
8613 of the juvenile court as described in Subsection 53-10-403(3).
8614 (b) The DNA specimen shall be obtained, in accordance with Subsection 53-10-404(4),
8615 by:
8616 (i) designated employees of the juvenile court; or
8617 (ii) if the minor is committed to the division, designated employees of the division.
8618 (c) The responsible agency under Subsection (9)(b) shall ensure that an employee
8619 designated to collect the saliva DNA specimens receives appropriate training and that the
8620 specimens are obtained in accordance with accepted protocol.
8621 (d) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the
8622 DNA Specimen Restricted Account created in Section 53-10-407.
8623 (e) Payment of the reimbursement is second in priority to payments the minor is
8624 ordered to make for restitution under Section 80-6-710 and for treatment ordered under Section
8625 80-3-403.
8626 Section 176. Section 80-6-609, which is renumbered from Section 78A-6-122 is
8627 renumbered and amended to read:
8628 [
8629 (1) As used in this section, "restrained" means the use of handcuffs, chains, shackles,
8630 zip ties, irons, straightjackets, and any other device or method [
8631 immobilize a [
8632 (2) (a) The Judicial Council shall adopt rules that address the circumstances under
8633 which a [
8634 (b) The Judicial Council shall ensure that the rules consider both the welfare of the
8635 [
8636 (c) A [
8637 restraint is authorized by rules of the Judicial Council.
8638 Section 177. Section 80-6-610, which is renumbered from Section 78A-6-1113 is
8639 renumbered and amended to read:
8640 [
8641 parent or legal guardian -- Criminal conviction or adjudication for criminal mischief or
8642 criminal trespass not a prerequisite for civil action -- When parent or guardian not liable.
8643 (1) [
8644 [
8645 (a) the minor intentionally damages, defaces, destroys, or takes the property of another;
8646 (b) the minor recklessly or willfully shoots or propels a missile, or other object at or
8647 against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether
8648 moving or standing; or
8649 (c) the minor intentionally and unlawfully tampers with the property of another and
8650 thereby recklessly endangers human life or recklessly causes or threatens a substantial
8651 interruption or impairment of any public utility service.
8652 (2) [
8653 [
8654 [
8655 (a) for the benefit of, at the direction of, or in association with any criminal street gang
8656 as defined in Section 76-9-802; or
8657 (b) to gain recognition, acceptance, membership, or increased status with a criminal
8658 street gang.
8659 (3) [
8660
8661
8662 (4) As used in this section, property damage described under Subsection (1)(a) or (c),
8663 or Subsection (2), includes graffiti, as defined in Section 76-6-107.
8664 (5) A court may waive part or all of the liability for damages under this section by the
8665 [
8666
8667 after the minor is adjudicated, the court finds, upon the record:
8668 (a) good cause; or
8669 (b) the parent or [
8670 (i) made a reasonable effort to restrain the wrongful conduct; and
8671 (ii) reported the conduct to the property owner involved or the law enforcement agency
8672 having primary jurisdiction after the parent or guardian knew of the minor's unlawful act.
8673 (6) A report is not required under Subsection (5)(b) from a parent or [
8674 the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the
8675 property owner involved.
8676 (7) A conviction for criminal mischief under Section 76-6-106, criminal trespass under
8677 Section 76-6-206, or an adjudication under Section [
8678 precedent to a civil action authorized under Subsection (1) or (2).
8679 (8) A parent or guardian is not liable under Subsection (1) or (2) if the parent or
8680 guardian made a reasonable effort to supervise and direct [
8681 the event the parent or guardian knew in advance of the possible taking, injury, or destruction
8682 by [
8683 Section 178. Section 80-6-701 is enacted to read:
8684
8685 80-6-701. Adjudication of an offense.
8686 (1) (a) If the juvenile court finds, by beyond a reasonable doubt, that the allegations in
8687 a petition under Section 80-6-305, or a criminal information under 80-6-503, are true at the
8688 adjudication hearing, the juvenile court may order a disposition for a minor under this part.
8689 (b) In determining the proper disposition for a minor under Subsection (1), the juvenile
8690 court may consider written reports and materials in accordance with Utah Rules of Juvenile
8691 Procedure, Rule 45.
8692 (c) Except as otherwise provided by this chapter, the juvenile court may combine the
8693 dispositions under this part if the dispositions are compatible.
8694 (d) If the juvenile court orders any disposition under this part, including an order for
8695 secure detention under Section 80-6-704, the disposition shall be served concurrently with any
8696 other disposition for detention or secure care.
8697 (2) The juvenile court shall adjudicate a minor's case in accordance with the Utah
8698 Rules of Juvenile Procedure.
8699 (3) (a) If an offense committed by a minor comes within the juvenile court's
8700 jurisdiction, the juvenile court is not required to make findings of fact upon which the juvenile
8701 court bases the juvenile court's jurisdiction for an offense described in Subsection
8702 78A-6-103(1).
8703 (b) For an offense not described in Subsection 78A-6-103(1), the juvenile court shall
8704 make findings of fact upon which the juvenile court bases the juvenile court's jurisdiction.
8705 Section 179. Section 80-6-702 is enacted to read:
8706 80-6-702. Probation or protective supervision -- Conditions for probation.
8707 (1) If a minor is adjudicated under Section 80-6-701, the juvenile court may place the
8708 minor on probation, or under protective supervision in accordance with Subsection (3) if the
8709 minor is a child, in the minor's own home and upon conditions determined by the juvenile
8710 court, including community or compensatory service.
8711 (2) (a) If the juvenile court orders a condition under Subsection (1), the condition shall
8712 be:
8713 (i) individualized and address a specific risk or need;
8714 (ii) based on information provided to the juvenile court, including the results of a
8715 validated risk and needs assessment conducted under Section 80-6-606; and
8716 (iii) if the juvenile court orders substance abuse treatment or an educational series,
8717 based on a validated risk and needs assessment conducted under Section 80-6-606.
8718 (b) A juvenile court may not issue a standard order that contains control-oriented
8719 conditions.
8720 (c) If the juvenile court orders a prohibition on weapon possession as a condition under
8721 Subsection (1), the prohibition shall be specific to the minor and not the minor's family.
8722 (3) If the juvenile court orders protective supervision, the Division of Child and Family
8723 Services may not provide protective supervision unless there is a petition filed under Section
8724 80-3-201 that requests that the Division of Child and Family Services provide protective
8725 supervision.
8726 (4) (a) If the juvenile court places a minor on probation, the juvenile court shall
8727 establish the period of time that a minor is on probation in accordance with Section 80-6-712.
8728 (b) An order for probation or protective supervision shall include a date for review and
8729 presumptive termination of the case by the juvenile court in accordance with Section 80-6-712.
8730 (c) For each review of a minor's case under Subsection (4)(b), the juvenile court shall
8731 set a new date for a review and presumptive termination of the minor's case.
8732 (5) (a) If a minor is adjudicated under this chapter, the juvenile court may order a
8733 minor's parent, guardian, or custodian, or any other person who has been made a party to the
8734 proceedings, to comply with reasonable conditions, including:
8735 (i) parent-time by the minor's parent;
8736 (ii) restrictions on the individuals that the minor associates with;
8737 (iii) restrictions on the minor's occupation and any other activity; and
8738 (iv) requirements to be observed by the minor's parent, guardian, or custodian.
8739 (b) If a minor's parent, guardian, or custodian successfully completes a family or other
8740 counseling program, the minor may be credited by the juvenile court for time spent in
8741 detention, in secure care, or on probation.
8742 Section 180. Section 80-6-703 is enacted to read:
8743 80-6-703. Placement of a child -- Commitment of a minor to the Division of
8744 Juvenile Justice Services -- Limitations.
8745 (1) (a) If a child is adjudicated for an offense under Section 80-6-701, the juvenile
8746 court may:
8747 (i) place the child in the legal custody of a relative or other suitable individual
8748 regardless of whether the minor is placed on probation under Subsection 80-6-702(1); or
8749 (ii) appoint a guardian for the child if it appears that a guardian is necessary in the
8750 interest of the child.
8751 (b) The juvenile court may not assume the function of developing foster home services
8752 in placing a child in the legal custody of a relative or other suitable individual under Subsection
8753 (1)(a).
8754 (c) (i) If the juvenile court appoints a guardian for a child under Subsection (1)(a)(ii),
8755 the juvenile court:
8756 (A) may appoint a public or private institution or agency as the guardian of the child;
8757 and
8758 (B) may not appoint a nonsecure residential placement provider for which legal
8759 custody of the child is vested.
8760 (d) In placing a child under the guardianship or legal custody of an individual or
8761 private agency or institution under Subsection (1)(a)(ii), the juvenile court:
8762 (i) shall give primary consideration to the welfare of the child; and
8763 (ii) may take into consideration the religious preferences of the child and the child's
8764 parent.
8765 (2) If a minor is adjudicated under Section 80-6-701, the juvenile court shall only
8766 commit the minor to the division and order the division to provide recommendations and
8767 services if:
8768 (a) nonresidential treatment options have been exhausted or nonresidential treatment
8769 options are not appropriate; and
8770 (b) the minor is adjudicated under this chapter for:
8771 (i) a felony;
8772 (ii) a misdemeanor when the minor has five prior misdemeanors or felony
8773 adjudications arising from separate criminal episodes; or
8774 (iii) a misdemeanor involving the use of a dangerous weapon as defined in Section
8775 76-1-601.
8776 (3) A juvenile court may not commit a minor to the division:
8777 (a) for residential observation and evaluation or residential observation and
8778 assessment;
8779 (b) for contempt of court, except to the extent permitted under Section 78A-6-353;
8780 (c) for a violation of probation;
8781 (d) for failure to pay a fine, fee, restitution, or other financial obligation;
8782 (e) for unfinished compensatory or community service hours;
8783 (f) for an infraction; or
8784 (g) for a status offense.
8785 (4) If the juvenile court commits a minor to the division, the juvenile court shall:
8786 (a) find whether the minor is being committed to the division for placement in a
8787 community-based program, secure detention under Section 80-6-704, or secure care under
8788 Section 80-6-705;
8789 (b) specify the criteria under Subsection (3) for which the juvenile court is committing
8790 the minor to the division; and
8791 (c) establish the period of time that the minor is committed to the division in
8792 accordance with Section 80-6-712.
8793 (5) (a) Except for an order for secure care under Section 80-6-705, if the juvenile court
8794 commits a minor to the division, or places the minor with an individual under this section, the
8795 juvenile court shall include in the order a date for a review and presumptive termination of the
8796 minor's case by the juvenile court in accordance with Section 80-6-712.
8797 (b) For each review of a minor's case under Subsection (5)(a), the juvenile court shall
8798 set a new date for a review and presumptive termination of the minor's case.
8799 (6) If a minor is adjudicated for an offense under Section 80-6-701, a juvenile court
8800 may not commit a minor to:
8801 (a) except as provided in Subsection (7), the Division of Child and Family Services; or
8802 (b) a correctional facility.
8803 (7) The juvenile court may not commit a minor to the Division of Child and Family
8804 Services to address the minor's ungovernable or other behavior, mental health, or disability,
8805 unless the Division of Child and Family Services:
8806 (a) engages other relevant divisions of the department in conducting an assessment of
8807 the minor and the minor's family's needs;
8808 (b) based on an assessment under Subsection (7)(a), determines that committing the
8809 minor to the Division of Child and Family Services is the least restrictive intervention for the
8810 minor that meets the minor's needs; and
8811 (c) consents to the minor being committed to the Division of Child and Family
8812 Services.
8813 (8) If a minor is committed to the division under this section, the division may not
8814 transfer custody of the minor to a correctional facility.
8815 Section 181. Section 80-6-704 is enacted to read:
8816 80-6-704. Detention or alternative to detention -- Limitations.
8817 (1) (a) The juvenile court may order a minor to detention, or an alternative to detention,
8818 if the minor is adjudicated for:
8819 (i) an offense under Section 80-6-701; or
8820 (ii) contempt of court under Section 78A-6-353.
8821 (b) Except as provided in Subsection 78A-6-353(3), and subject to the juvenile court
8822 retaining continuing jurisdiction over a minor's case, the juvenile court may order a minor to
8823 detention, or an alternative to detention, under Subsection (1) for a period not to exceed 30
8824 cumulative days for an adjudication.
8825 (c) If a minor is held in detention before an adjudication, the time spent in detention
8826 before the adjudication shall be credited toward the 30 cumulative days eligible as a disposition
8827 under Subsection (1)(a).
8828 (d) If a minor spent more than 30 days in detention before a disposition under
8829 Subsection (1), the juvenile court may not order the minor to detention under this section.
8830 (2) An order for detention under Subsection (1) may not be suspended upon conditions
8831 ordered by the juvenile court.
8832 (3) A juvenile court may not order a minor to detention for:
8833 (a) contempt of court, except to the extent permitted under Section 78A-6-353;
8834 (b) a violation of probation;
8835 (c) failure to pay a fine, fee, restitution, or other financial obligation;
8836 (d) unfinished compensatory or community service hours;
8837 (e) an infraction; or
8838 (f) a status offense.
8839 (4) (a) If a minor is held in detention under this section, the minor is eligible to receive
8840 credit for good behavior against the period of detention.
8841 (b) The rate of credit is one day of credit for good behavior for every three days spent
8842 in detention.
8843 (5) (a) A minor may not be held in secure detention following a disposition by the
8844 juvenile court:
8845 (i) under Chapter 3, Abuse, Neglect, and Dependency Proceedings; or
8846 (ii) except as provided in Subsection (5)(b), for a community-based program.
8847 (b) If a minor is awaiting placement by the division under Section 80-6-703, a minor
8848 may not be held in secure detention for longer than 72 hours, excluding weekends and
8849 holidays.
8850 (c) The period of detention under Subsection (5)(b) may be extended by the juvenile
8851 court for a cumulative total of seven calendar days if:
8852 (i) the division, or another agency responsible for placement, files a written petition
8853 with the juvenile court requesting the extension and setting forth good cause; and
8854 (ii) the juvenile court enters a written finding that it is in the best interests of both the
8855 minor and the community to extend the period of detention.
8856 (d) The juvenile court may extend the period of detention beyond the seven calendar
8857 days if the juvenile court finds, by clear and convincing evidence, that:
8858 (i) the division, or another agency responsible for placement, does not have space for
8859 the minor; and
8860 (ii) the safety of the minor and community requires an extension of the period of
8861 detention.
8862 (e) The division, or the agency with custody of the minor, shall report to the juvenile
8863 court every 48 hours, excluding weekends and holidays, regarding whether the division, or
8864 another agency responsible for placement, has space for the minor.
8865 (f) The division, or agency, requesting an extension shall promptly notify the detention
8866 facility that a written petition has been filed.
8867 (g) The juvenile court shall promptly notify the detention facility regarding the juvenile
8868 court's initial disposition and any ruling on a petition for an extension, whether granted or
8869 denied.
8870 Section 182. Section 80-6-705 is enacted to read:
8871 80-6-705. Secure care -- Limitations -- Order for therapy for parent with minor in
8872 secure care.
8873 (1) If a minor is adjudicated for an offense under Section 80-6-701, the juvenile court
8874 may order the minor to secure care if the juvenile court finds that:
8875 (a) (i) the minor poses a risk of harm to others; or
8876 (ii) the minor's conduct resulted in the victim's death; and
8877 (b) the minor is adjudicated for:
8878 (i) a felony offense;
8879 (ii) a misdemeanor offense if the minor has five prior misdemeanor or felony
8880 adjudications arising from separate criminal episodes; or
8881 (iii) a misdemeanor offense involving use of a dangerous weapon as defined in Section
8882 76-1-601.
8883 (2) A juvenile court may not order a minor to secure care for:
8884 (a) contempt of court;
8885 (b) a violation of probation;
8886 (c) failure to pay a fine, fee, restitution, or other financial obligation;
8887 (d) unfinished compensatory or community service hours;
8888 (e) an infraction; or
8889 (f) a status offense.
8890 (3) The juvenile court may, on the recommendation of the division, order a parent of a
8891 minor in secure care to undergo group rehabilitation therapy under the direction of a therapist,
8892 who has supervision of the minor in secure care, or any other therapist for a period
8893 recommended by the division.
8894 Section 183. Section 80-6-706 is enacted to read:
8895 80-6-706. Treatment -- Commitment to local mental health authority or Utah
8896 State Developmental Center.
8897 (1) If a minor is adjudicated under Section 80-6-701, the juvenile court may order:
8898 (a) a nonresidential, diagnostic assessment for the minor, including a risk assessment
8899 for substance use disorder, mental health, psychological, or sexual behavior;
8900 (b) the minor to be examined or treated by a physician, surgeon, psychiatrist, or
8901 psychologist; or
8902 (c) other care for the minor.
8903 (2) For purposes of receiving the examination, treatment, or care described in
8904 Subsection (1), the juvenile court may place the minor in a hospital or other suitable facility
8905 that is not secure care or secure detention.
8906 (3) In determining whether to order the examination, treatment, or care described in
8907 Subsection (1), the juvenile court shall consider:
8908 (a) the desires of the minor;
8909 (b) if the minor is a child, the desires of the minor's parent or guardian; and
8910 (c) whether the potential benefits of the examination, treatment, or care outweigh the
8911 potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
8912 function impairment, or emotional or physical harm resulting from the compulsory nature of
8913 the examination, treatment, or care.
8914 (4) (a) If the juvenile court orders examination, treatment, or care for a child under
8915 Subsection (1) and the child is committed to the division under Subsection 80-6-703(2), the
8916 division shall:
8917 (i) take reasonable measures to notify the child's parent or guardian of any
8918 non-emergency health treatment or care scheduled for the child;
8919 (ii) include the child's parent or guardian as fully as possible in making health care
8920 decisions for the child; and
8921 (iii) defer to the child's parent's or guardian's reasonable and informed decisions
8922 regarding the child's health care to the extent that the child's health and well-being are not
8923 unreasonably compromised by the parent's or guardian's decision.
8924 (b) The division shall notify the parent or guardian of a child within five business days
8925 after a child committed to the division receives emergency health care or treatment.
8926 (c) The division shall use the least restrictive means to accomplish the care and
8927 treatment of a child described under Subsection (1).
8928 (5) If a child is adjudicated for an offense under Section 80-6-701, the juvenile court
8929 may commit the child to the physical custody, as defined in Section 62A-15-701, of a local
8930 mental health authority in accordance with the procedures and requirements in Title 62A,
8931 Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
8932 Mental Health.
8933 (6) (a) If a minor is adjudicated for an offense under Section 80-6-701, and the minor
8934 has an intellectual disability, the juvenile court may commit the minor to the Utah State
8935 Developmental Center in accordance with Title 62A, Chapter 5, Part 3, Admission to an
8936 Intermediate Care Facility for People with an Intellectual Disability.
8937 (b) The juvenile court shall follow the procedure applicable in the district courts with
8938 respect to judicial commitments to the Utah State Developmental Center when ordering a
8939 commitment under Subsection (6)(a).
8940 Section 184. Section 80-6-707, which is renumbered from Section 78A-6-606 is
8941 renumbered and amended to read:
8942 [
8943 [
8944
8945
8946 [
8947 [
8948 [
8949 [
8950 [
8951 [
8952 [
8953 [
8954
8955
8956 [
8957
8958
8959
8960
8961 [
8962
8963 (1) This section applies to a minor who:
8964 (a) at the time that the minor is adjudicated under Section 80-6-701, is at least the age
8965 eligible for a driver license under Section 53-3-204; and
8966 (b) is found by the juvenile court to be in actual physical control of a motor vehicle
8967 during the commission of the offense for which the minor is adjudicated.
8968 (2) (a) Except as otherwise provided by this section, if a minor is adjudicated for a
8969 violation of a traffic law by the juvenile court under Section 80-6-701, the juvenile court may:
8970 (i) suspend the minor's driving privileges; and
8971 (ii) take possession of the minor's driver license.
8972 (b) The juvenile court may order any other eligible disposition under Subsection (1),
8973 except for a disposition under Section 80-6-703 or 80-6-705.
8974 (c) If a juvenile court suspends a minor's driving privileges under Subsection (2)(a):
8975 (i) the juvenile court shall prepare and send the order to the Driver License Division of
8976 the Department of Public Safety; and
8977 (ii) the minor's license shall be suspended under Section 53-3-219.
8978 [
8979 53-3-219 if:
8980 (a) (i) the violation is the minor's first violation of:
8981 (A) Section 32B-4-409;
8982 (B) Section 32B-4-410;
8983 (C) Section 58-37-8;
8984 (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
8985 (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
8986 (F) Subsection 76-9-701(1); and
8987 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
8988 (B) the minor demonstrates substantial progress in substance use disorder treatment[
8989 or
8990 [
8991 (b) (i) the violation is the minor's second or subsequent violation of:
8992 (A) Section 32B-4-409;
8993 (B) Section 32B-4-410;
8994 (C) Section 58-37-8;
8995 (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
8996 (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
8997 (F) Subsection 76-9-701(1);
8998 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
8999 demonstrated substantial progress in substance use disorder treatment; and
9000 (iii) (A) the [
9001 sworn statement to the juvenile court that the [
9002 alcohol or drugs for at least a one-year consecutive period during the suspension period
9003 imposed under [
9004 (B) the [
9005 old and the minor's parent or legal guardian [
9006 to the juvenile court certifying that to the parent or [
9007 minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period
9008 during the suspension period imposed under [
9009 [
9010 age violation, as defined in Section 32B-4-411:
9011 (i) the juvenile court may forward a record of adjudication to the Department of Public
9012 Safety for a first or subsequent violation; and
9013 (ii) the minor's driving privileges will be suspended:
9014 (A) for a period of at least one year under Section 53-3-220 for a first conviction for a
9015 violation of Section 32B-4-411; or
9016 (B) for a period of two years for a second or subsequent conviction for a violation of
9017 Section 32B-4-411.
9018 [
9019 Subsection [
9020 (i) the violation is the minor's first violation of Section 32B-4-411; and
9021 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
9022 (B) the minor demonstrates substantial progress in substance use disorder treatment.
9023 [
9024 Subsection [
9025 (i) the violation is the minor's second or subsequent violation of Section 32B-4-411;
9026 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
9027 demonstrated substantial progress in substance use disorder treatment; and
9028 (iii) (A) the [
9029 sworn statement to the court that the [
9030 drugs for at least a one-year consecutive period during the suspension period imposed under
9031 Subsection [
9032 (B) the [
9033 [
9034 court certifying that to the parent or [
9035 unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the
9036 suspension period imposed under Subsection [
9037 [
9038
9039
9040 [
9041 [
9042 [
9043 [
9044
9045 [
9046 [
9047 of a [
9048 suspended under this section, the Department of Public Safety shall extend the suspension for a
9049 like period of time.
9050 Section 185. Section 80-6-708 is enacted to read:
9051 80-6-708. Service in National Guard.
9052 If a minor is adjudicated under Section 80-6-701, the minor may be given a choice by
9053 the juvenile court to serve in the National Guard in lieu of other sanctions described in this part
9054 if:
9055 (1) the minor meets the current entrance qualifications for service in the National
9056 Guard as determined by a recruiter, whose determination is final;
9057 (2) the offense:
9058 (a) would be a felony if committed by an adult;
9059 (b) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
9060 (c) was committed with a weapon; and
9061 (3) the juvenile court retains jurisdiction over the minor's case under conditions set by
9062 the juvenile court and agreed upon by the recruiter or the unit commander to which the minor is
9063 eventually assigned.
9064 Section 186. Section 80-6-709 is enacted to read:
9065 80-6-709. Payment of fines, fees, restitution, or other costs -- Community or
9066 compensatory service -- Property damage -- Unpaid balances.
9067 (1) (a) If a minor is adjudicated for an offense under Section 80-6-701, the juvenile
9068 court may order a minor to:
9069 (i) pay a fine, fee, or other cost;
9070 (ii) pay restitution in accordance with Section 80-6-710; or
9071 (iii) complete community or compensatory service hours.
9072 (b) (i) If the juvenile court orders the minor to pay restitution under Subsection (1)(a), a
9073 juvenile probation officer may permit the minor to complete a work program in lieu of paying
9074 part or all of the restitution by the juvenile court.
9075 (ii) If the juvenile court orders the minor to complete community or compensatory
9076 service hours, a juvenile probation officer may permit the minor to complete a work program to
9077 help the minor complete the community or compensatory service hours.
9078 (c) The juvenile court may, through a juvenile probation officer, encourage the
9079 development of nonresidential employment or a work program to enable a minor to fulfill the
9080 minor's obligations under Subsection (1)(a).
9081 (d) Notwithstanding this section, a juvenile court may not place a minor on a ranch,
9082 forestry camp, or other residential work program for care or work.
9083 (2) If the juvenile court orders a minor to pay a fine, fee, restitution, or other cost, or to
9084 complete community or compensatory service hours, the juvenile court shall consider the
9085 dispositions collectively to ensure that an order:
9086 (a) is reasonable;
9087 (b) prioritizes restitution; and
9088 (c) takes into account the minor's ability to satisfy the order within the presumptive
9089 period of supervision under Section 80-6-712, or Section 80-6-802 if the minor is ordered to
9090 secure care.
9091 (3) (a) If the juvenile court orders a minor to pay a fine, fee, or other cost, or complete
9092 community or compensatory service hours, the cumulative order shall be limited per criminal
9093 episode as follows:
9094 (i) for a minor under 16 years old at the time of adjudication, the juvenile court may
9095 impose up to $190 or up to 24 hours of community or compensatory service; and
9096 (ii) for a minor 16 years old or older at the time of adjudication, the juvenile court may
9097 impose up to $280 or up to 36 hours of community or compensatory service.
9098 (b) The cumulative order under Subsection (3)(a) does not include restitution.
9099 (4) (a) If the juvenile court converts a fine, fee, or restitution amount to compensatory
9100 service hours, the rate of conversion shall be no less than the minimum wage.
9101 (b) If the juvenile court orders a minor to complete community service, the
9102 presumptive service order shall include between five and 10 hours of service.
9103 (c) If a minor completes an approved substance use disorder prevention or treatment
9104 program or other court-ordered condition, the minor may be credited with compensatory
9105 service hours for the completion of the program or condition by the juvenile court.
9106 (5) (a) If a minor commits an offense involving the use of graffiti under Section
9107 76-6-106 or 76-6-206, the juvenile court may order the minor to clean up graffiti created by the
9108 minor or any other individual at a time and place within the jurisdiction of the juvenile court.
9109 (b) The minor may complete the order of the juvenile court under Subsection (5)(a) in
9110 the presence and under the direct supervision of the minor's parent, guardian, or custodian.
9111 (c) The minor's parent, guardian, or custodian shall report completion of the order to
9112 the juvenile court.
9113 (d) The juvenile court may also require the minor to perform other alternative forms of
9114 restitution or repair to the damaged property in accordance with Section 80-6-710.
9115 (6) (a) Except as provided in Subsection (6)(b), the juvenile court may issue orders
9116 necessary for the collection of restitution and fines ordered under this section, including
9117 garnishments, wage withholdings, and executions.
9118 (b) The juvenile court may not issue an order under Subsection (6)(a) if the juvenile
9119 court orders a disposition that changes custody of a minor, including detention, secure care, or
9120 any other secure or nonsecure residential placement.
9121 (7) Any information necessary to collect unpaid fines, fees, assessments, bail, or
9122 restitution may be forwarded to employers, financial institutions, law enforcement, constables,
9123 the Office of Recovery Services, or other agencies for purposes of enforcing an order under this
9124 section.
9125 (8) (a) If, before the entry of any order terminating the juvenile court's continuing
9126 jurisdiction over a minor's case, there remains an unpaid balance for any fine, fee, or restitution
9127 ordered by the juvenile court, the juvenile court shall record all pertinent information for the
9128 unpaid balance in the minor's file.
9129 (b) The juvenile court may not transfer responsibility to collect unpaid fines, fees,
9130 surcharges, and restitution for a minor's case to the Office of State Debt Collection created in
9131 Section 63A-3-502.
9132 (c) The juvenile court shall reduce a restitution order to a judgment and list the victim,
9133 or the estate of the victim, as the judgment creditor in the judgment.
9134 Section 187. Section 80-6-710 is enacted to read:
9135 80-6-710. Restitution -- Requirements.
9136 (1) If a minor is adjudicated under Section 80-6-701, the juvenile court may order the
9137 minor to repair, replace, or otherwise make restitution for:
9138 (a) material loss caused by an offense listed in the petition; or
9139 (b) conduct for which the minor agrees to make restitution.
9140 (2) Within seven days after the day on which a petition is filed under this chapter, the
9141 prosecuting attorney or a juvenile probation officer shall provide notification of the restitution
9142 process to all reasonably identifiable and locatable victims of an offense listed in the petition.
9143 (3) A victim that receives notice under Subsection (2) is responsible for providing the
9144 prosecutor with:
9145 (a) all invoices, bills, receipts, and any other evidence of the injury or out-of-pocket
9146 loss;
9147 (b) all documentation of any compensation or reimbursement from an insurance
9148 company or a local, state, or federal agency that is related to the injury or out-of-pocket loss;
9149 (c) if available, the victim's proof of identification, including the victim's date of birth,
9150 social security number, or driver license number; and
9151 (d) the victim's contact information, including the victim's current home and work
9152 address and telephone number.
9153 (4) A prosecuting attorney or victim shall submit a request for restitution to the
9154 juvenile court:
9155 (a) if feasible, at the time of disposition; or
9156 (b) within 90 days after disposition.
9157 (5) The juvenile court shall order a financial disposition that prioritizes the payment of
9158 restitution.
9159 (6) To determine whether restitution, or the amount of restitution, is appropriate under
9160 Subsection (1), the juvenile court:
9161 (a) shall only order restitution for the victim's material loss;
9162 (b) may not order restitution if the juvenile court finds that the minor is unable to pay
9163 or acquire the means to pay;
9164 (c) shall credit any amount paid by the minor to the victim in a civil suit against
9165 restitution owed by the minor;
9166 (d) shall take into account the presumptive period of supervision for the minor's case
9167 under Section 80-6-712, or the presumptive period of commitment for secure care under
9168 Section 80-6-804 if the minor is ordered to secure care, in determining the minor's ability to
9169 satisfy the restitution order within that presumptive term; and
9170 (e) shall credit any amount paid to the victim in restitution against liability in a civil
9171 suit.
9172 (7) If the minor and the victim of the adjudicated offense agree to participate, the
9173 juvenile court may refer the minor's case to a restorative justice program, such as victim
9174 offender mediation, to address how loss resulting from the adjudicated offense may be
9175 addressed.
9176 (8) The juvenile court may require a minor to reimburse an individual, entity, or
9177 governmental agency who offered and paid a reward to a person for providing information
9178 resulting in an adjudication of a minor for the commission of an offense.
9179 (9) If a minor is returned to this state in accordance with Title 55, Chapter 12, Interstate
9180 Compact for Juveniles, the juvenile court may order the minor to make restitution for costs
9181 expended by any governmental entity for the return of the minor.
9182 Section 188. Section 80-6-711 is enacted to read:
9183 80-6-711. Suspending a disposition.
9184 (1) Except as otherwise provided in Subsection (2), a juvenile court may not suspend a
9185 disposition ordered under this part.
9186 (2) (a) If a minor qualifies for secure care under Section 80-6-705, the juvenile court
9187 may suspend a disposition for commitment to the division under Section 80-6-703 in lieu of
9188 immediate commitment, upon the condition that the minor commit no new misdemeanor or
9189 felony offense within 90 days after the day on which the juvenile court suspends the disposition
9190 for commitment.
9191 (b) The duration of a suspended disposition under Subsection (2)(a) may not:
9192 (i) exceed 90 days after the day on which the juvenile court suspends the disposition
9193 for commitment; and
9194 (ii) be extended under any circumstance.
9195 (3) The juvenile court may only lift a suspension of a disposition under Subsection
9196 (2)(a):
9197 (a) following adjudication of a new misdemeanor or felony offense committed by the
9198 minor during the period of suspension set out under Subsection (2)(a);
9199 (b) if a new assessment or evaluation has been completed and the assessment or
9200 evaluation recommends that a higher level of care is needed and nonresidential treatment
9201 options have been exhausted or nonresidential treatment options are not appropriate; or
9202 (c) if, after a notice and a hearing, the juvenile court finds:
9203 (i) a new or previous evaluation recommends a higher level of treatment; and
9204 (ii) the minor willfully failed to comply with a lower level of treatment and has been
9205 unsuccessfully discharged from treatment.
9206 (4) A suspended disposition under Subsection (1) may not be imposed without notice
9207 to the minor and the minor's counsel, and a hearing.
9208 Section 189. Section 80-6-712 is enacted to read:
9209 80-6-712. Time periods for supervision of probation or placement -- Termination
9210 of continuing jurisdiction.
9211 (1) If the juvenile court places a minor on probation under Section 80-6-702, the
9212 juvenile court shall establish a period of time for supervision for the minor that is:
9213 (a) if the minor is placed on intake probation, no more than three months; or
9214 (b) if the minor is placed on formal probation, from four to six months, but may not
9215 exceed six months.
9216 (2) (a) If the juvenile court commits a minor to the division under Section 80-6-703,
9217 and the minor's case is under the jurisdiction of the court, the juvenile court shall establish:
9218 (i) for a minor placed out of the home, a period of custody from three to six months,
9219 but may not exceed six months; and
9220 (ii) for aftercare services if the minor was placed out of the home, a period of
9221 supervision from three to four months, but may not exceed four months.
9222 (b) A minor may be supervised for aftercare under Subsection (2)(a)(ii) in the home of
9223 a qualifying relative or guardian, or at an independent living program contracted or operated by
9224 the division.
9225 (3) If the juvenile court orders a minor to secure care, the authority shall:
9226 (a) have jurisdiction over the minor's case; and
9227 (b) apply the provisions of Part 8, Commitment and Parole.
9228 (4) (a) In accordance with Section 80-6-711 and Subsections (1) and (2), the juvenile
9229 court shall terminate continuing jurisdiction over a minor's case at the end of the time period
9230 described in Subsection (1) for probation or Subsection (2) for commitment to the division,
9231 unless:
9232 (i) termination would interrupt the completion of the treatment program determined to
9233 be necessary by the results of a validated risk and needs assessment under Section 80-6-606;
9234 (ii) the minor commits a new misdemeanor or felony offense;
9235 (iii) community or compensatory service hours have not been completed;
9236 (iv) there is an outstanding fine; or
9237 (v) there is a failure to pay restitution in full.
9238 (b) The juvenile court shall determine whether a minor has completed a treatment
9239 program under Subsection (4)(a)(i) by considering:
9240 (i) the recommendations of the licensed service provider for the treatment program;
9241 (ii) the minor's record in the treatment program; and
9242 (iii) the minor's completion of the goals of the treatment program.
9243 (5) Subject to Subsection (8), if one of the circumstances under Subsection (4) exists
9244 the juvenile court may extend supervision for the time needed to address the specific
9245 circumstance.
9246 (6) If a circumstance under Subsection (4)(a)(iii), (iv), or (v) exists, the juvenile court
9247 may extend supervision for no more than three months.
9248 (7) If the juvenile court extends supervision under this section, the grounds for the
9249 extension and the length of any extension shall be recorded in the court records and tracked in
9250 the data system used by the Administrative Office of the Courts and the division.
9251 (8) For a minor who is under the continuing jurisdiction of the juvenile court and
9252 whose supervision is extended under Subsection (4)(a)(iii), (iv), or (v), supervision may only
9253 be extended as intake probation.
9254 (9) If a minor leaves supervision without authorization for more than 24 hours, the
9255 supervision period for the minor shall toll until the minor returns.
9256 (10) This section does not apply to any minor adjudicated under this chapter for:
9257 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
9258 (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
9259 (c) Section 76-5-203, murder or attempted murder;
9260 (d) Section 76-5-205, manslaughter;
9261 (e) Section 76-5-206, negligent homicide;
9262 (f) Section 76-5-207, automobile homicide;
9263 (g) Section 76-5-207.5, automobile homicide involving handheld wireless
9264 communication device;
9265 (h) Section 76-5-208, child abuse homicide;
9266 (i) Section 76-5-209, homicide by assault;
9267 (j) Section 76-5-302, aggravated kidnapping;
9268 (k) Section 76-5-405, aggravated sexual assault;
9269 (l) a felony violation of Section 76-6-103, aggravated arson;
9270 (m) Section 76-6-203, aggravated burglary;
9271 (n) Section 76-6-302, aggravated robbery;
9272 (o) Section 76-10-508.1, felony discharge of a firearm;
9273 (p) (i) an offense other than an offense listed in Subsections (9)(a) through (o)
9274 involving the use of a dangerous weapon, as defined in Section 76-1-601, that is a felony; and
9275 (ii) the minor has been previously adjudicated or convicted of an offense involving the
9276 use of a dangerous weapon; or
9277 (q) a felony offense other than an offense listed in Subsections (9)(a) through (p) and
9278 the minor has been previously committed to the division for secure care.
9279 Section 190. Section 80-6-801 is enacted to read:
9280
9281 80-6-801. Commitment to local mental health authority or Utah State
9282 Developmental Center.
9283 (1) If a child is committed by the juvenile court to the physical custody, as defined in
9284 Section 62A-15-701, of a local mental health authority, or the local mental health authority's
9285 designee, Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of
9286 Substance Abuse and Mental Health, shall govern the commitment and release of the minor.
9287 (2) If a minor is committed to the Utah State Developmental Center, Title 62A,
9288 Chapter 5, Services for People with Disabilities, shall govern the commitment and release of
9289 the minor.
9290 Section 191. Section 80-6-802, which is renumbered from Section 62A-7-404 is
9291 renumbered and amended to read:
9292 [
9293 offenders in secure care.
9294 (1) If a youth offender [
9295 care under Section [
9296
9297 (a) 21 years old;
9298 (b) paroled; or
9299 (c) discharged.
9300 (2) If a serious youth offender [
9301 secure care under Section [
9302
9303 (a) 25 years old;
9304 (b) paroled; or
9305 (c) discharged.
9306 (3) (a) Subject to Subsection (3)(b), a juvenile offender in secure care has the right to:
9307 (i) phone the juvenile offender's parent, guardian, or an attorney while the juvenile
9308 offender is in secure care; and
9309 (ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or
9310 custodian.
9311 (b) The division may:
9312 (i) establish a schedule for which a juvenile offender may visit or phone a person
9313 described in Subsection (3)(a);
9314 (ii) allow a juvenile offender to visit or call persons described in Subsection (3)(a) in
9315 special circumstances;
9316 (iii) limit the number and length of calls and visits for a juvenile offender to persons
9317 described in Subsection (3)(a) on account of scheduling, facility, or personnel constraints; or
9318 (iv) limit the juvenile's rights under Subsection (3)(a) if a compelling reason exists to
9319 limit the juvenile's rights.
9320 Section 192. Section 80-6-803, which is renumbered from Section 62A-7-111.5 is
9321 renumbered and amended to read:
9322 [
9323 offender -- Responsibility.
9324 On commitment of a juvenile offender to the division, and on recommendation of the
9325 division to the juvenile court, the juvenile court may order the juvenile offender, or the juvenile
9326 offender's parent, guardian, or custodian in accordance with Section 78A-6-356, to share in the
9327 costs of support and maintenance for the juvenile offender during the juvenile offender's term
9328 of commitment.
9329 Section 193. Section 80-6-804, which is renumbered from Section 62A-7-404.5 is
9330 renumbered and amended to read:
9331 [
9332 (1) If a juvenile offender [
9333 care under Section 80-6-705, the juvenile offender shall appear before the authority within 45
9334 days after the day on which the juvenile offender [
9335 secure care for review of a treatment plan and to establish parole release guidelines.
9336 (2) (a) If a juvenile offender is [
9337 under Section 80-6-705, the authority shall set a presumptive term of commitment for the
9338 juvenile offender [
9339 presumptive term may not exceed six months.
9340 (b) The authority shall release the juvenile offender on parole at the end of the
9341 presumptive term of commitment unless [
9342 (i) termination would interrupt the completion of a [
9343 determined to be necessary by the results of a validated risk and needs assessment under
9344 Section 80-6-606; or
9345 (ii) the juvenile offender commits a new misdemeanor or felony offense.
9346 (c) The authority shall determine whether a juvenile offender has completed a
9347 treatment program under Subsection (2)(b)(i) by considering:
9348 (i) the recommendations of the licensed service provider[
9349 (ii) the juvenile offender's [
9350 program; and
9351 (iii) the juvenile offender's completion of the goals of the [
9352 program.
9353 (d) The authority may extend the length of commitment and delay parole release for the
9354 time needed to address the specific circumstance if one of the circumstances under Subsection
9355 (2)(b) exists.
9356 (e) The authority shall:
9357 (i) record the length of the extension and the grounds for the extension; and
9358 (ii) report annually the length and grounds of extension to the commission.
9359 (f) Records under Subsection (2)(e) shall be tracked in the data system used by the
9360 juvenile court and the division.
9361 (3) (a) If a juvenile offender is committed to [
9362 authority shall set a presumptive term of parole supervision [
9363
9364 may not exceed four months.
9365 (b) If the authority determines that a juvenile offender is unable to return home
9366 immediately upon release, the juvenile offender may serve the term of parole in the home of a
9367 qualifying relative or guardian or at an independent living program contracted or operated by
9368 the division.
9369 (c) The authority shall release a juvenile offender from parole and terminate the
9370 authority's jurisdiction at the end of the presumptive term of parole, unless [
9371
9372 (i) termination would interrupt the completion of a [
9373 is determined to be necessary by the results of a validated risk and needs assessment under
9374 Section 80-6-606;
9375 (ii) the juvenile offender commits a new misdemeanor or felony offense; or
9376 (iii) restitution has not been completed.
9377 (d) The authority shall determine whether a juvenile offender has completed a
9378 treatment program under Subsection (2)(c)(i) by considering:
9379 (i) the recommendations of the licensed service provider[
9380 (ii) the juvenile offender's [
9381 program; and
9382 (iii) the juvenile offender's completion of the goals of the [
9383 program.
9384 (e) If one of the circumstances under Subsection (3)(c) exists, the authority may delay
9385 parole release only for the time needed to address the specific circumstance.
9386 (f) The authority shall:
9387 (i) record the grounds for extension of the presumptive length of parole and the length
9388 of the extension; and
9389 (ii) report annually the extension and the length of the extension to the commission.
9390 (g) Records under Subsection (3)(f) shall be tracked in the data system used by the
9391 juvenile court and the division.
9392 [
9393 (h) If a juvenile offender leaves parole supervision without authorization for more than
9394 24 hours, the term of parole shall toll until the juvenile offender returns.
9395 (4) Subsections (2) and (3) do not apply to a juvenile offender committed to [
9396
9397 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
9398 (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
9399 (c) Section 76-5-203, murder or attempted murder;
9400 (d) Section 76-5-302, aggravated kidnapping;
9401 (e) Section 76-5-405, aggravated sexual assault;
9402 (f) Section 76-6-103, aggravated arson;
9403 (g) Section 76-6-203, aggravated burglary;
9404 (h) Section 76-6-302, aggravated robbery;
9405 (i) Section 76-10-508.1, felony discharge of a firearm;
9406 (j) an offense other than an offense listed in Subsections (4)(a) through (i) involving
9407 the use of a dangerous weapon:
9408 (i) if the offense would be a felony had an adult committed the offense; and
9409 (ii) the juvenile offender has been previously adjudicated or convicted of an offense
9410 involving the use of a dangerous weapon that would have been a felony had an adult committed
9411 the offense; or
9412 (k) an offense other than an offense listed in Subsections (4)(a) through (j) and the
9413 minor has been previously committed to [
9414
9415 (5) (a) The division may continue to have responsibility over a juvenile offender, who
9416 is discharged under this section from parole, to participate in a specific educational or
9417 rehabilitative program:
9418 (i) until the juvenile offender is:
9419 (A) if the juvenile offender is a youth offender, 21 years old; or
9420 (B) if the juvenile offender is a serious youth offender, 25 years old; and
9421 (ii) under an agreement by the division and the juvenile offender that the program has
9422 certain conditions.
9423 (b) The division and the juvenile offender may terminate participation in a program
9424 under Subsection (5)(a) at any time.
9425 (c) The division shall offer an educational or rehabilitative program before a juvenile
9426 offender's discharge date in accordance with this section.
9427 (d) A juvenile offender may request the services described in this Subsection (5), even
9428 if the offender has been previously declined services or services were terminated for
9429 noncompliance.
9430 (e) Notwithstanding Subsection (5)(c), the division:
9431 (i) shall consider a request by a juvenile offender under Subsection (5)(d) for the
9432 services described in this Subsection (5) for up to 365 days after the juvenile offender's
9433 effective date of discharge, even if the juvenile offender has previously declined services or
9434 services were terminated for noncompliance; and
9435 (ii) may reach an agreement with the juvenile offender to provide the services
9436 described in this Subsection (5) until the juvenile offender is:
9437 (A) if the juvenile offender is a youth offender, 21 years old; or
9438 (B) if the juvenile offender is a serious youth offender, 25 years old.
9439 (f) The division and the juvenile offender may terminate an agreement for services
9440 under this Subsection (5) at any time.
9441 Section 194. Section 80-6-805, which is renumbered from Section 62A-7-502 is
9442 renumbered and amended to read:
9443 [
9444 [
9445
9446
9447
9448 [
9449 the right to personally appear before the authority for parole consideration.
9450 [
9451 (b) An order or decision of the authority shall be in writing[
9452 (c) A juvenile offender shall be provided written notice of the authority's reasoning and
9453 decision in the juvenile offender's case.
9454 [
9455
9456
9457
9458 (2) A juvenile offender may be paroled to the juvenile offender's home, to an
9459 independent living program contracted or operated by the division, to an approved independent
9460 living setting, or to other appropriate residences of qualifying relatives or guardians, but shall
9461 remain on parole until parole is terminated by the authority in accordance with Section
9462 80-6-804.
9463 (3) (a) Any condition of parole shall be specified in writing, and agreed to, by the
9464 juvenile offender.
9465 (b) An agreement under Subsection (3)(a) shall be evidenced by the signature of the
9466 juvenile offender, which shall be affixed to the agreement.
9467 (4) The authority may require a juvenile offender to pay restitution ordered by the
9468 juvenile court as a condition of release, placement, or parole.
9469 Section 195. Section 80-6-806, which is renumbered from Section 62A-7-504 is
9470 renumbered and amended to read:
9471 [
9472 (1) (a) The authority may only revoke the parole of a juvenile offender [
9473 hearing and upon determination that there has been a violation of law or of a condition of
9474 parole by the juvenile offender that warrants the juvenile offender's return to [
9475 secure care.
9476 (b) The parole revocation hearing shall be held at [
9477 facility.
9478 (2) (a) Before returning a juvenile offender to [
9479 revocation or rescission hearing, the division shall provide a prerevocation or prerescission
9480 hearing within the vicinity of the alleged violation, to determine whether there is probable
9481 cause to believe that the juvenile offender violated the conditions of the juvenile offender's
9482 parole.
9483 (b) Upon a finding of probable cause, the juvenile offender may be remanded to [
9484
9485 (3) The authority shall only proceed with the parole revocation or rescission process in
9486 accordance with the system of appropriate responses developed in accordance with Section
9487 [
9488 (4) A paroled juvenile offender is entitled to legal representation at the parole
9489 revocation hearing, and if the juvenile offender or the juvenile offender's family has requested
9490 but cannot afford legal representation, the authority shall appoint legal counsel.
9491 [
9492
9493
9494 [
9495 (i) shall receive timely advance notice of the date, time, place, and reason for the
9496 hearing[
9497 (ii) has the right to appear at the hearing.
9498 (b) The authority shall provide the juvenile offender an opportunity to be heard, to
9499 present witnesses and evidence, and to confront and cross-examine adverse witnesses, unless
9500 there is good cause for disallowing that confrontation.
9501 [
9502 majority vote of the present members of the authority.
9503 [
9504
9505 [
9506 employee to take into custody a juvenile offender alleged to be in violation of parole conditions
9507 in accordance with Section [
9508 (b) The division may issue a warrant to any peace officer or division employee to
9509 retake a juvenile offender who has escaped from [
9510 (c) Based upon the warrant issued under this Subsection (9), a juvenile offender may be
9511 held in a local detention facility for no longer than 48 hours, excluding weekends and legal
9512 holidays, to allow time for a prerevocation or [
9513 parole violation, or in the case of an escapee, arrangement for transportation to [
9514
9515 Section 196. Section 80-6-807, which is renumbered from Section 62A-7-506 is
9516 renumbered and amended to read:
9517 [
9518 (1) A juvenile offender may be discharged from the jurisdiction of the division at any
9519 time, by written order of the authority, upon a finding that no further purpose would be served
9520 by [
9521 (2) A juvenile offender shall be discharged in accordance with Section [
9522 80-6-804.
9523 (3) Discharge of a juvenile offender is a complete release of all penalties incurred by
9524 adjudication of the offense for which the juvenile offender was committed to secure care.
9525 Section 197. Section 80-6-808, which is renumbered from Section 62A-7-507 is
9526 renumbered and amended to read:
9527 [
9528 (1) A juvenile offender, or the parent or [
9529 appeal to the executive director of the department, or [
9530 any decision of the authority regarding parole release, rescission, or revocation.
9531 (2) The executive director, or the executive director's designee, may set aside or
9532 remand the authority's decision only if the authority's decision is arbitrary, capricious, an abuse
9533 of discretion, or contrary to law.
9534 Section 198. Section 80-6-901, which is renumbered from Section 78A-6-1202 is
9535 renumbered and amended to read:
9536
9537 [
9538 As used in this part:
9539 (1) "Adult" means [
9540 (2) (a) "Gang activity" means any criminal activity that is conducted as part of an
9541 organized youth gang. [
9542 (b) "Gang activity" includes any criminal activity that is done in concert with other
9543 gang members, or done alone if [
9544 [
9545 (3) "Minor" means an individual who is:
9546 (a) under 18 years old; or
9547 (b) is 18 years old and still attending high school.
9548 [
9549 an offense that would be a misdemeanor, infraction, or violation of a municipal or county
9550 ordinance if [
9551 (b) "Minor offense" does not include:
9552 (i) a class A misdemeanor; or
9553 (ii) a felony of any degree.
9554 [
9555 school or school district, juvenile court, law enforcement agency, prosecutor's office, county,
9556 city, or town.
9557 [
9558 for the age of the offender.
9559 [
9560
9561 (7) "Youth court" means a diversion program that is an alternative disposition for cases
9562 involving minors who have committed minor offenses.
9563 (8) "Youth Court Board" means the board created under Subsection 80-6-907(1).
9564 Section 199. Section 80-6-902, which is renumbered from Section 78A-6-1203 is
9565 renumbered and amended to read:
9566 [
9567 (1) [
9568
9569 court, under the supervision of an adult coordinator, [
9570 the courtroom, acting in the role of jurors, lawyers, bailiffs, clerks, and judges.
9571 (a) [
9572 youth court has been identified by law enforcement personnel, school officials, a prosecuting
9573 attorney, or the juvenile court as having committed [
9574 minor offense or eligible offense under Section 53G-8-211, that indicates a need for
9575 intervention to prevent further development toward juvenile delinquency, but which appear to
9576 be acts that can be appropriately addressed outside the juvenile court process.
9577 (b) [
9578 (c) [
9579 under the Utah Constitution, Article VIII.
9580 (2) A youth court may not accept referrals from law enforcement, schools, prosecuting
9581 attorneys, or a juvenile court unless the youth court is certified by the [
9582 Board.
9583 (3) (a) Any person may refer [
9584 minor offense or for any other eligible offense under Section 53G-8-211.
9585 (b) Once a referral is made, the case shall be screened by an adult coordinator to
9586 determine whether [
9587 case.
9588 (4) [
9589 (a) referred for one or more minor offenses or who are referred for other eligible
9590 offenses under Section 53G-8-211, or who are granted permission for referral under this part;
9591 (b) who, along with a parent, guardian, or [
9592 request youth court involvement; and
9593 (c) who, along with a parent, guardian, or [
9594 [
9595 (5) (a) Except with permission granted under Subsection (6), or [
9596 accordance with Section 53G-8-211, [
9597 over [
9598 court [
9599
9600 (b) Notwithstanding Subsection (5)(a), a youth court may[
9601 authority over [
9602 continuing jurisdiction of the juvenile court [
9603 before the youth court is not a law violation[
9604 court of the referral.
9605 (6) [
9606 in Subsection (5), and over any other offense with the permission of the juvenile court and the
9607 prosecuting attorney in the county or district that would have jurisdiction if the matter were
9608 referred to juvenile court.
9609 (7) Permission of the juvenile court may be granted by a [
9610 juvenile probation officer in the district that would have jurisdiction over the offense being
9611 referred to a youth court.
9612 (8) [
9613 (a) decline to accept a [
9614 [
9615 (b) terminate a youth from youth court participation at any time.
9616 (9) (a) A [
9617 custodian may withdraw from the youth court process at any time.
9618 (b) The youth court shall immediately notify the referring source of the withdrawal.
9619 (10) The youth court may transfer a case back to the referring source for alternative
9620 handling at any time.
9621 (11) Referral of a case to youth court may not, if otherwise eligible, prohibit the
9622 subsequent referral of the case to any court.
9623 (12) Proceedings and dispositions of a youth court may only be shared with the
9624 referring agency, juvenile court, and victim.
9625 (13) When a [
9626 if the case is referred to a juvenile court, the youth court shall provide the case file to the
9627 juvenile court.
9628 Section 200. Section 80-6-903, which is renumbered from Section 78A-6-1204 is
9629 renumbered and amended to read:
9630 [
9631 (1) [
9632 parent, guardian, or [
9633 (2) [
9634 (3) (a) Any restitution due to a victim of an offense shall be made in full prior to the
9635 time the case is completed by the youth court.
9636 (b) Restitution shall be agreed upon between the [
9637 Section 201. Section 80-6-904, which is renumbered from Section 78A-6-1205 is
9638 renumbered and amended to read:
9639 [
9640 (1) [
9641 for:
9642 (a) compensatory service;
9643 (b) participation in law-related educational classes, appropriate counseling, treatment,
9644 or other educational programs;
9645 (c) providing periodic reports to the youth court;
9646 (d) participating in mentoring programs;
9647 (e) participation by the [
9648 (f) letters of apology;
9649 (g) essays; and
9650 (h) any other disposition considered appropriate by the youth court and adult
9651 coordinator.
9652 (2) [
9653 (a) impose a term of imprisonment or detention [
9654 (b) impose fines.
9655 (3) [
9656 180 days from the date of referral.
9657 (4) [
9658 writing and signed by the [
9659 custodian indicating [
9660 (5) (a) [
9661 minor fails to successfully complete the youth [
9662 (b) The referring source may then take any action [
9663 appropriate.
9664 Section 202. Section 80-6-905, which is renumbered from Section 78A-6-1206 is
9665 renumbered and amended to read:
9666 [
9667 (1) A person [
9668 disposition, or supervision of matters under this part may not be held civilly liable for any
9669 injury occurring to [
9670 associated with a certified youth court, unless the person causing the injury acted in a willful or
9671 wanton manner.
9672 (2) [
9673
9674 Section 203. Section 80-6-906, which is renumbered from Section 78A-6-1207 is
9675 renumbered and amended to read:
9676 [
9677 (1) (a) [
9678 reasonable fee, not to exceed $50, to participate in the youth court. [
9679 (b) A fee under Subsection (1) may be reduced or waived by the youth court in exigent
9680 circumstances. [
9681 (c) A fee under Subsection (1) shall be paid to and accounted for by the sponsoring
9682 entity. [
9683 (d) Any fees collected shall be used for supplies and any training requirements.
9684 (2) [
9685 responsible for the all expenses of any classes, counseling, treatment, or other educational
9686 programs that are the disposition of the youth court.
9687 Section 204. Section 80-6-907, which is renumbered from Section 78A-6-1208 is
9688 renumbered and amended to read:
9689 [
9690 Responsibilities.
9691 (1) [
9692
9693 the following members:
9694 (a) the Utah attorney general or the attorney general's designee;
9695 (b) one prosecuting attorney appointed by the Utah Prosecution Council;
9696 (c) one criminal defense attorney appointed by the Utah Association of Criminal
9697 Defense Attorneys;
9698 [
9699 [
9700 [
9701
9702 [
9703 [
9704 youth courts based primarily in schools;
9705 [
9706 youth courts based primarily in communities;
9707 [
9708 Court Board;
9709 [
9710 Board; and
9711 [
9712 (2) The Office of the Attorney General shall provide staff support and assistance to the
9713 Youth Court Board.
9714 [
9715 (g) shall jointly select the members to fill the positions in Subsections [
9716 (1)(h) through (k).
9717 [
9718 the initial terms of the members designated by Subsections (1)(b), (c), [
9719 (k) and one of the members from Subsections [
9720 two-year terms, but may be reappointed for a full four-year term upon the expiration of [
9721 the member's initial term.
9722 [
9723 (a) set minimum standards for the establishment of [
9724 including an application process, membership and training requirements, and the qualifications
9725 for the adult coordinator;
9726 (b) review certification applications; and
9727 (c) provide for a process to recertify each youth court every three years.
9728 [
9729 Act, the Youth Court Board shall make rules to accomplish the requirements of Subsection
9730 [
9731 [
9732 the certification of any youth court for failure to comply with program requirements.
9733 [
9734 but may receive per diem and travel expenses in accordance with:
9735 (a) Section 63A-3-106;
9736 (b) Section 63A-3-107; and
9737 (c) rules made by the Division of Finance [
9738 63A-3-106 and 63A-3-107.
9739 [
9740 Board of Juvenile Court Judges, all law enforcement agencies in the state, all school districts,
9741 and the Utah Prosecution Council by October 1 of each year.
9742 Section 205. Section 80-6-908, which is renumbered from Section 78A-6-1209 is
9743 renumbered and amended to read:
9744 [
9745 responsibilities.
9746 (1) [
9747 private nonprofit entity [
9748 (2) The sponsoring entity shall:
9749 (a) oversee the formation of the youth court;
9750 (b) provide assistance with the application for certification from the Youth Court
9751 Board; and
9752 (c) provide assistance for the training of youth court members.
9753 Section 206. Section 80-6-909, which is renumbered from Section 78A-6-1210 is
9754 renumbered and amended to read:
9755 [
9756 [
9757 [
9758 Section 207. Section 80-6-1001, which is renumbered from Section 78A-6-1502 is
9759 renumbered and amended to read:
9760
9761 [
9762 As used in this part:
9763 (1) "Abstract" means a copy or summary of a court's disposition.
9764 [
9765 maintains records relating to a nonjudicial adjustment or an adjudication for which
9766 expungement may be ordered under this part.
9767 [
9768 held by a court or an agency when the record relates to a nonjudicial adjustment or an
9769 adjudication of an offense in the juvenile court.
9770 Section 208. Section 80-6-1002, which is renumbered from Section 78A-6-1114 is
9771 renumbered and amended to read:
9772 [
9773 (1) (a) [
9774 petition the juvenile court for vacatur of the [
9775 any related records in the custody of [
9776 (i) [
9777 76-10-1304, [
9778 (ii) an adjudication that was based on [
9779 petitioner engaged in while subject to force, fraud, or coercion, as defined in Section 76-5-308.
9780 (b) The petitioner shall include in the petition the relevant juvenile court incident
9781 number and any agencies known or alleged to have any documents related to the offense for
9782 which vacatur is being sought.
9783 (c) The petitioner shall include with the petition the original criminal history report
9784 obtained from the Bureau of Criminal Identification in accordance with the provisions of
9785 Section 53-10-108.
9786 (d) The petitioner shall send a copy of the petition to the county attorney or, if within a
9787 prosecution district, the district attorney.
9788 [
9789 [
9790 [
9791 the records at least 30 days prior to the hearing of the pendency of the petition; and
9792 [
9793 petitioner is asking the juvenile court to vacate of the date of the hearing.
9794 [
9795 notice of a petition for vacatur.
9796 (ii) A victim shall receive notice of a petition for vacatur at least 30 days [
9797 before the hearing if, [
9798 the case of a child or [
9799 next of kin or authorized representative, submits a written and signed request for notice to the
9800 court in the judicial district in which the crime occurred or judgment was entered.
9801 (iii) The notice shall include a copy of the petition and statutes and rules applicable to
9802 the petition.
9803 [
9804 victim, and any other person who may have relevant information about the petitioner may
9805 testify.
9806 (b) (i) In deciding whether to grant a petition for vacatur, the juvenile court shall
9807 consider whether the petitioner acted subject to force, fraud, or coercion, as defined in Section
9808 76-5-308, at the time of the conduct giving rise to the adjudication.
9809 (ii) (A) If the juvenile court finds by a preponderance of the evidence that the petitioner
9810 was subject to force, fraud, or coercion, as defined in Section 76-5-308 at the time of the
9811 conduct giving rise to the adjudication, the juvenile court shall grant vacatur.
9812 (B) If the court does not find sufficient evidence, the juvenile court shall deny vacatur.
9813 (iii) If the petition is for vacatur of any adjudication under Section 76-10-1302,
9814 [
9815
9816 a purchaser of any sexual activity.
9817 (c) If vacatur is granted, the juvenile court shall order sealed all of the petitioner's
9818 records under the control of the juvenile court and any of the petitioner's records under the
9819 control of any other agency or official pertaining to the incident identified in the petition,
9820 including relevant related records contained in the Management Information System created by
9821 Section 62A-4a-1003 and the Licensing Information System created by Section 62A-4a-1005.
9822 (3) (a) The petitioner shall be responsible for service of the order of vacatur to all
9823 affected state, county, and local entities, agencies, and officials.
9824 (b) To avoid destruction or sealing of the records in whole or in part, the agency or
9825 entity receiving the vacatur order shall only vacate all references to the petitioner's name in the
9826 records pertaining to the relevant adjudicated juvenile court incident.
9827 (4) (a) Upon the entry of [
9828 identified in the petition shall be considered never to have occurred and the petitioner may
9829 properly reply accordingly upon any inquiry in the matter.
9830 (b) Inspection of the records may thereafter only be permitted by the juvenile court
9831 upon petition by the [
9832 named in the petition.
9833 (5) The juvenile court may not vacate a juvenile court record if the record contains an
9834 adjudication of:
9835 (a) Section 76-5-202, aggravated murder; or
9836 (b) Section 76-5-203, murder.
9837 Section 209. Section 80-6-1003 is enacted to read:
9838 80-6-1003. Court records -- Abstracts.
9839 (1) (a) Except as otherwise provided in this part, if a minor's juvenile record is
9840 expunged, and upon a court order, all photographs or records under Section 80-6-608 shall be
9841 destroyed by an agency.
9842 (b) A record of a minor's fingerprints may not be destroyed by an agency.
9843 (2) A court or agency with custody of an individual's record related to an offense that
9844 the individual is alleged to have committed, or an offense that the individual committed, before
9845 the individual was 18 years old may not disclose the record to a federal agency that is
9846 responsible for criminal justice research or proceedings unless the court or the agency is
9847 required to share the record under state or federal law.
9848 (3) An abstract of a juvenile court record for an adjudication of a traffic offense shall
9849 be submitted to the Department of Public Safety as provided in Section 53-3-218.
9850 Section 210. Section 80-6-1004, which is renumbered from Section 78A-6-1503 is
9851 renumbered and amended to read:
9852 [
9853 adjudication.
9854 (1) (a) An individual who has been adjudicated by a juvenile court may petition the
9855 juvenile court for an order to expunge the individual's juvenile court record and any related
9856 records in the custody of an agency if:
9857 (i) the individual has reached 18 years old; and
9858 (ii) at least one year has passed from the date of:
9859 (A) termination of the continuing jurisdiction of the juvenile court; or
9860 (B) the individual's unconditional release from the custody of the [
9861
9862
9863 (b) The juvenile court may waive the requirements in Subsection (1)(a) if the juvenile
9864 court finds, and states on the record, the reason why the waiver is appropriate.
9865 (c) The petitioner shall include in the petition described in Subsection (1)(a):
9866 (i) any agency known or alleged to have any records related to the offense for which
9867 expungement is being sought; and
9868 (ii) the original criminal history report obtained from the Bureau of Criminal
9869 Identification in accordance with Section 53-10-108.
9870 (d) The petitioner shall send a copy of the petition described in Subsection (1)(a) to the
9871 county attorney or, if within a prosecution district, the district attorney.
9872 (e) (i) Upon the filing of a petition described in Subsection (1)(a), the juvenile court
9873 shall:
9874 (A) set a date for a hearing;
9875 (B) notify the county attorney or district attorney and the agency with custody of the
9876 records at least 30 days before the day on which the hearing of the pendency of the petition is
9877 scheduled; and
9878 (C) notify the county attorney or district attorney and the agency with records that the
9879 petitioner is asking the court to expunge of the date of the hearing.
9880 (ii) (A) The juvenile court shall provide a victim with the opportunity to request notice
9881 of a petition described in Subsection (1)(a).
9882 (B) Upon the victim's request under Subsection (1)(e)(ii)(A), the victim shall receive
9883 notice of the petition at least 30 days before the day on which the hearing is scheduled if,
9884 before the day on which an expungement order is made, the victim or, in the case of a child or
9885 an individual who is incapacitated or deceased, the victim's next of kin or authorized
9886 representative submits a written and signed request for notice to the juvenile court in the
9887 judicial district in which the offense occurred or judgment is entered.
9888 (C) The notice described in Subsection (1)(e)(ii)(B) shall include a copy of the petition
9889 described in Subsection (1)(a) and any statutes and rules applicable to the petition.
9890 (2) (a) At the hearing described in Subsection (1)(e)(i), the county attorney or district
9891 attorney, a victim, and any other individual who may have relevant information about the
9892 petitioner may testify.
9893 (b) In deciding whether to grant a petition described in Subsection (1)(a) for
9894 expungement, the juvenile court shall consider whether the rehabilitation of the petitioner has
9895 been attained to the satisfaction of the juvenile court, including the petitioner's response to
9896 programs and treatment, the petitioner's behavior subsequent to the adjudication, and the nature
9897 and seriousness of the conduct.
9898 (c) The juvenile court may order [
9899 the control of the juvenile court and an agency or an official, including any record contained in
9900 the Management Information System created in Section 62A-4a-1003 and the Licensing
9901 Information System created in Section 62A-4a-1005, if the juvenile court finds that:
9902 (i) the petitioner has not, in the five years preceding the day on which the petition
9903 described in Subsection (1)(a) is filed, been convicted of a violent felony[
9904
9905 (ii) there are no delinquency or criminal proceedings pending against the petitioner;
9906 and
9907 (iii) a judgment for restitution entered by the juvenile court on the [
9908 adjudication for which the expungement is sought has been satisfied.
9909 (3) (a) The petitioner is responsible for service of the expungement order issued under
9910 Subsection (2) to any affected agency or official.
9911 (b) To avoid destruction or sealing of the records in whole or in part, the agency or the
9912 official receiving the expungement order described in Subsection (3)(a) shall only expunge all
9913 references to the petitioner's name in the records pertaining to the petitioner's juvenile court
9914 record.
9915 (4) The juvenile court may not expunge a record if the record contains an adjudication
9916 of:
9917 (a) Section 76-5-202, aggravated murder; or
9918 (b) Section 76-5-203, murder.
9919 Section 211. Section 80-6-1005, which is renumbered from Section 78A-6-1504 is
9920 renumbered and amended to read:
9921 [
9922 (1) An individual whose record consists solely of one or more nonjudicial adjustments
9923 may petition the juvenile court for an order to expunge the individual's juvenile court record if
9924 the individual:
9925 (a) has reached 18 years old; and
9926 (b) has completed the conditions of each nonjudicial adjustment.
9927 (2) (a) The petitioner shall include in the petition described in Subsection (1) any
9928 agency known or alleged to have any records related to the nonjudicial adjustment for which
9929 expungement is being sought.
9930 (b) The petitioner is not required to include in the petition described in Subsection (1)
9931 an original criminal history report obtained from the Bureau of Criminal Identification in
9932 accordance with Section 53-10-108.
9933 (3) Upon the filing of the petition described in Subsection (1), the juvenile court shall,
9934 without a hearing, order expungement of all of the petitioner's records under the control of the
9935 juvenile court, an agency, or an official.
9936 (4) (a) The petitioner is responsible for service of the expungement order issued under
9937 Subsection (3) to any affected agency or official.
9938 (b) To avoid destruction or sealing of the records in whole or in part, the agency or the
9939 official receiving the expungement order shall expunge only the references to the individual's
9940 name in the records relating to the petitioner's nonjudicial adjustment.
9941 Section 212. Section 80-6-1006, which is renumbered from Section 78A-6-1505 is
9942 renumbered and amended to read:
9943 [
9944 (1) Upon receipt of an expungement order under this part, an agency shall expunge all
9945 records described in the expungement order that are under the control of the agency in
9946 accordance with Subsection [
9947 (2) Upon the entry of the expungement order under this part:
9948 (a) an adjudication or a nonjudicial adjustment in a petitioner's case is considered to
9949 have never occurred; and
9950 (b) the petitioner may reply to an inquiry on the matter as though there never was an
9951 adjudication or nonjudicial adjustment.
9952 (3) The following persons may inspect an expunged record upon a petition by an
9953 individual who is the subject of the record:
9954 (a) the individual who is the subject of the record; and
9955 (b) a person that is named in the petition.
9956 (4) An agency named in an expungement order under this part shall mail an affidavit to
9957 the petitioner verifying the agency has complied with the expungement order.
9958 Section 213. Section 80-6-1007, which is renumbered from Section 78A-6-1506 is
9959 renumbered and amended to read:
9960 [
9961 (1) Except for a filing fee for a petition under this part, the juvenile court may not
9962 charge a fee for:
9963 (a) an issuance of an expungement order under this part; or
9964 (b) an expungement of a record under this part.
9965 (2) An agency may not charge a fee for the expungement of a record under this part.
9966 Section 214. Section 80-7-101 is enacted to read:
9967
9968 80-7-101. Title.
9969 This chapter is known as "Emancipation."
9970 Section 215. Section 80-7-102, which is renumbered from Section 78A-6-802 is
9971 renumbered and amended to read:
9972 [
9973 As used in this [
9974 (1) "Emancipation" or "emancipated" means a legal status created by court order that
9975 allows a minor to:
9976 (a) live independent of the minor's parents or guardian; and
9977 (b) exercise the same rights as an adult under Subsection 80-7-105(1).
9978 [
9979 [
9980 [
9981 Section 216. Section 80-7-103, which is renumbered from Section 78A-6-803 is
9982 renumbered and amended to read:
9983 [
9984 Continuance.
9985 (1) A minor may petition the juvenile court on [
9986
9987 (2) The petition under Subsection (1) shall:
9988 (a) be on a form provided by the clerk of the juvenile court[
9989 (b) state that the minor is:
9990 [
9991 [
9992 and
9993 [
9994 (2) Notice of the petition shall be served on the minor's parents, guardian, any other
9995 person or agency with custody of the minor, and the Child and Family Support Division of the
9996 Office of the Attorney General, unless the juvenile court determines that service is impractical.
9997 (3) (a) When it appears in a proceeding under this chapter that evidence presented
9998 points to material facts not alleged in the petition described in Subsection (1), the juvenile
9999 court may consider the additional or different material facts raised by the evidence if the parties
10000 consent.
10001 (b) The juvenile court, on a motion from any interested party or on the court's own
10002 motion, shall direct that the petition be amended to conform to the evidence.
10003 (c) If an amended petition under Subsection (3)(b) results in a substantial departure
10004 from the material facts originally alleged, the juvenile court shall grant a continuance as justice
10005 may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.
10006 Section 217. Section 80-7-104, which is renumbered from Section 78A-6-804 is
10007 renumbered and amended to read:
10008 [
10009 (1) (a) Upon the filing of a petition in accordance with Section [
10010 the juvenile court shall review the petition for completeness and whether the petitioner meets
10011 the age requirement for filing the petition.
10012 [
10013 requirement, the juvenile court may dismiss the action immediately.
10014 [
10015 juvenile court shall schedule a pretrial hearing on the matter within 30 days.
10016 (2) The juvenile court may appoint [
10017 with Section [
10018 (3) At the hearing, the juvenile court shall consider the best interests of the minor
10019 according to [
10020 (a) whether the minor is capable of assuming adult responsibilities;
10021 (b) whether the minor is capable of living independently of [
10022 parents, guardian, or custodian;
10023 (c) opinions and recommendations from the attorney guardian ad litem, parents,
10024 guardian, or custodian, and any other evidence; and
10025 (d) whether emancipation will create a risk of harm to the minor.
10026 (4) If the juvenile court determines, by clear and convincing evidence, that
10027 emancipation is in the best interests of the minor, [
10028 of emancipation for the minor.
10029 (5) A juvenile court may modify or set aside any order or decree made by the court in
10030 accordance with Section 78A-6-357.
10031 Section 218. Section 80-7-105, which is renumbered from Section 78A-6-805 is
10032 renumbered and amended to read:
10033 [
10034 (1) [
10035 (a) enter into contracts;
10036 (b) buy and sell property;
10037 (c) sue or be sued;
10038 (d) retain [
10039 (e) borrow money for any purpose, including for education; and
10040 (f) obtain healthcare without parental consent.
10041 (2) [
10042 adult:
10043 (a) under the criminal laws of the state, unless the requirements of [
10044
10045 (b) under the criminal laws of the state when [
10046 age of the victim is an element of the offense; and
10047 (c) for specific constitutional and statutory age requirements regarding voting, use of
10048 alcoholic beverages, possession of tobacco or firearms, and other health and safety regulations
10049 relevant to the minor because of the minor's age.
10050 (3) (a) An order of emancipation prospectively terminates parental responsibilities that
10051 accrue based on the minor's status as a minor under the custody and control of a parent,
10052 guardian, or custodian, including parental tort liability for the acts of the minor.
10053 (b) Nothing in this chapter shall be construed to interfere with the integrity of the
10054 family or to minimize the rights of parents or children.
10055 Section 219. Repealer.
10056 This bill repeals:
10057 Section 62A-4a-203.5, Mandatory petition for termination of parental rights.
10058 Section 62A-7-101, Definitions.
10059 Section 62A-7-503, Administrative officer of Youth Parole Authority.
10060 Section 62A-7-505, Conditions of parole.
10061 Section 78A-6-106, Search warrants and subpoenas -- Authority to issue --
10062 Protective custody -- Expedited hearing.
10063 Section 78A-6-108, Title of petition and other court documents -- Form and
10064 contents of petition -- Order for temporary custody or protective services -- Physical or
10065 psychological examination of minor, parent, or guardian -- Dismissal of petition.
10066 Section 78A-6-117, Adjudication of jurisdiction of juvenile court -- Disposition of
10067 cases -- Enumeration of possible court orders -- Considerations of court.
10068 Section 78A-6-119, Modification of order or decree -- Requirements for changing
10069 or terminating custody, probation, or protective supervision.
10070 Section 78A-6-121, Entry of judgment for fine, fee, surcharge, or restitution.
10071 Section 78A-6-310, Notice of adjudication hearing.
10072 Section 78A-6-604, Minor held in detention -- Credit for good behavior.
10073 Section 78A-6-801, Purpose.
10074 Section 78A-6-1102, Amendment of petition -- When authorized -- Continuance of
10075 proceedings.
10076 Section 78A-6-1103, Modification or termination of custody order or decree --
10077 Grounds -- Procedure.
10078 Section 78A-6-1107, Transfer of continuing jurisdiction to other district.
10079 Section 78A-6-1108, New hearings authorized -- Grounds and procedure.
10080 Section 78A-6-1111, Order for indigent defense service or guardian ad litem.
10081 Section 78A-6-1201, Title.
10082 Section 78A-6-1401, Title.
10083 Section 78A-6-1402, Definitions.
10084 Section 78A-6-1501, Title.
10085 Section 220. Effective date.
10086 This bill takes effect on September 1, 2021.
10087 Section 221. Coordinating H.B. 285 with H.B. 37 -- Substantive and technical
10088 amendment.
10089 If this H.B. 285 and H.B. 37, Child Protection Unit Amendments, both pass and
10090 become law, the Legislature intends that, on September 1, 2021, the Office of Legislative
10091 Research and General Counsel shall prepare the Utah Code database for publication by:
10092 (1) amending Section 80-3-102 to read:
10093 "[
10094 As used in this [
10095 (1) "Abuse, neglect, or dependency petition" means a petition filed in accordance with
10096 this chapter to commence proceedings in a juvenile court alleging a child is:
10097 (a) abused;
10098 (b) neglected; or
10099 (c) dependent.
10100 (2) "Child protection team" means the same as that term is defined in Section
10101 62A-4a-101.
10102 [
10103 (4) "Division" means the Division of Child and Family Services created in Section
10104 62A-4a-103.
10105 (5) "Friend" means an adult who:
10106 (a) has an established relationship with the child or a family member of the child; and
10107 (b) is not the natural parent of the child.
10108 [
10109 grandparent, or grandchild.
10110 [
10111
10112 [
10113 [
10114 (7) "Relative" means an adult who:
10115 (a) is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle,
10116 brother in law, sister in law, stepparent, first cousin, stepsibling, or sibling;
10117 (b) is a first cousin of the child's parent;
10118 (c) is an adoptive parent of the child's sibling; or
10119 (d) in the case of a child who is an Indian child, an extended family member as defined
10120 in 25 U.S.C. Sec. 1903.
10121 (8) "Shelter care" means the same as that term is defined in Section 62A-4a-101.
10122 [
10123 [
10124 62A-4a-101.
10125 (11) "Substitute care" means the same as that term is defined in Section 62A-4a-101.
10126 [
10127
10128 62A-4a-101."; and
10129 (2) amending Subsection 80-3-205(4) to read:
10130 "(4) [
10131
10132 office, [
10133 litem, pretrial services personnel, and corrections personnel as appropriate under this section.".
10134 Section 222. Coordinating H.B. 285 with H.B. 37 and S.B. 99 -- Substantive
10135 amendment.
10136 If this H.B. 285 and H.B. 37, Child Protection Unit Amendments, and S.B. 99, Child
10137 Welfare Amendments, all pass and become law, the Legislature intends that, on September 1,
10138 2021, the amendments to the definition of "minor" in Section 62A-4a-101 of this bill supersede
10139 the amendments to the definition of "minor" in Section 62A-4a-101 in H.B. 37 and S.B. 99
10140 when the Office of Legislative Research and General Counsel prepares the Utah Code database
10141 for publication.
10142 Section 223. Coordinating H.B. 285 with H.B. 67 -- Substantive and technical
10143 amendment.
10144 If this H.B. 285 and H.B. 67, Juvenile Sentencing Amendments, both pass and become
10145 law, the Legislature intends that on September 1, 2021, the Office of Legislative Research and
10146 General Counsel prepare the Utah Code database for publication by:
10147 (1) changing the cross-reference in Subsection 76-3-401.5(1)(a) from Section
10148 62A-7-501 to Section 80-5-701;
10149 (2) changing the cross-reference in Subsection 76-3-401.5(1)(c) from Section
10150 62A-7-102 to Section 80-5-103;
10151 (3) amending Subsection 76-3-401.5(1)(d) to read:
10152 "(d) (i) "Juvenile disposition" means an order for commitment to the custody of the
10153 division under Subsection 80-6-703(2).
10154 (ii) "Juvenile disposition" includes an order for secure care under Subsection
10155 80-6-705(1).";
10156 (4) amending Subsection 76-3-401.5(1)(f) to read:
10157 "(f) "Secure care" means the same as that term is defined in Section 80-1-102.";
10158 (5) amending Subsection 76-3-401.5(4) to read:
10159 "(4) If a court orders a sentence for imprisonment to run concurrently with a juvenile
10160 disposition for secure care, the defendant shall serve the sentence in secure care until the
10161 juvenile disposition is terminated by the authority in accordance with Section 80-6-804.";
10162 (6) amending Subsection 76-3-401.5(5) to read:
10163 "(5) If a court orders a sentence for imprisonment in a county jail to run concurrently
10164 with a juvenile disposition for secure care and the disposition is terminated before the
10165 defendant's sentence for imprisonment in the county jail is terminated, the division shall:
10166 (a) notify the county jail at least 14 days before the day on which the defendant's
10167 disposition is terminated or the defendant is released from secure care; and
10168 (b) facilitate the transfer or release of the defendant in accordance with the order of
10169 judgment and commitment imposed by the court."; and
10170 (7) amending Subsection 76-3-401.5(6) to read:
10171 "(6) (a) If a court orders a sentence for imprisonment in a secure correctional facility to
10172 run concurrently with a juvenile disposition for secure care:
10173 (i) the board has authority over the defendant for purposes of ordering parole, pardon,
10174 commutation, termination of sentence, remission of fines or forfeitures, restitution, and any
10175 other authority granted by law; and
10176 (ii) the court and the division shall immediately notify the board that the defendant will
10177 remain in secure care as described in Subsection (4) for the board to schedule a hearing for the
10178 defendant in accordance with board procedures.
10179 (b) If a court orders a sentence for imprisonment in a secure correctional facility to run
10180 concurrently with a juvenile disposition for secure care and the juvenile disposition is
10181 terminated before the defendant's sentence is terminated, the division shall:
10182 (i) notify the board and the Department of Corrections at least 14 days before the day
10183 on which the defendant's disposition is terminated or the defendant is released from the secure
10184 care; and
10185 (ii) facilitate a release or transfer of the defendant in accordance with the order of
10186 judgment and commitment imposed by the court.".
10187 Section 224. Coordinating H.B. 285 with H.B. 73 -- Technical amendment.
10188 If this H.B. 285 and H.B. 73, Drug Testing Amendments, both pass and become law,
10189 the Legislature intends that, on September 1, 2021, the Office of Legislative Research and
10190 General Counsel prepare the Utah Code database for publication by:
10191 (1) replacing the words "Part 3, Abuse, Neglect, and Dependency Proceedings" in
10192 Subsection 80-3-110(6) with the words "this chapter"; and
10193 (2) changing the reference in Subsection 80-3-406(12)(b)(i) from Subsection
10194 78A-6-115(8) to Subsection 80-3-110(6).
10195 Section 225. Coordinating H.B. 285 with H.B. 104 -- Technical amendment.
10196 If this H.B. 285 and H.B. 104, Victim Address Confidentiality Program, both pass and
10197 become law, the Legislature intends that, on September 1, 2021, the Office of Legislative
10198 Research and General Counsel prepare the Utah Code database for publication by changing the
10199 reference in Subsection 77-38-601(1)(a) from Section 78A-6-105 to Section 80-1-102.
10200 Section 226. Coordinating H.B. 285 with H.B. 158 -- Substantive and technical
10201 amendment.
10202 If this H.B. 285 and H.B. 158, Juvenile Interrogation Amendments, both pass and
10203 become law, the Legislature intends that, on September 1, 2021, the Office of Legislative
10204 Research and General Counsel prepare the Utah Code database for publication by:
10205 (1) repealing Section 80-6-206 enacted by H.B. 285;
10206 (2) renumbering Section 78A-6-112.5 enacted by H.B. 158 to Section 80-6-206;
10207 (3) changing the reference in Subsection 80-6-206(4)(a) of the renumbered section
10208 from Section 78A-6-805 to Section 80-7-105;
10209 (4) amending Subsection 80-6-206(5)(a) of the renumbered section to read:
10210 "(5) (a) If a minor is admitted to a detention facility under Section 80-6-205, or the
10211 minor is committed to secure care or a correctional facility, and is subject to
10212 interrogation for an offense, the minor may not be interrogated unless:
10213 (i) the minor has had a meaningful opportunity to consult with the minor's appointed or
10214 retained attorney;
10215 (ii) the minor waives the minor's constitutional rights after consultation with the
10216 minor's appointed or retained attorney; and
10217 (iii) the minor's appointed or retained attorney is present for the interrogation."; and
10218 (5) replacing the words "legal guardian" in Subsections 80-6-206(1), (2), (3), and (4) of
10219 the renumbered section with the word "guardian".
10220 Section 227. Coordinating H.B. 285 with H.B. 260 -- Technical amendment.
10221 If this H.B. 285 and H.B. 260, Criminal Justice Modifications, both pass and become
10222 law, the Legislature intends that, on September 1, 2021, the Office of Legislative Research and
10223 General Counsel prepare the Utah Code database for publication by:
10224 (1) changing the reference in Subsection 76-3-201(1)(a)(ii) from Section 78A-6-117 to
10225 Section 80-6-701; and
10226 (2) changing the reference in Subsection 77-38b-102(1)(b)(iii) from Section 78A-6-117
10227 to 80-6-701.
10228 Section 228. Coordinating H.B. 285 with S.B. 50 -- Technical amendment.
10229 If this H.B. 285 and S.B. 50, Juvenile Offender Penalty Amendments, both pass and
10230 become law, the Legislature intends that, on September 1, 2021, the Office of Legislative
10231 Research and General Counsel prepare the Utah Code database for publication by:
10232 (1) changing the reference in Subsection 77-40-105(3)(a) from Section 78A-6-703.2 to
10233 Section 80-6-502;
10234 (2) changing the reference in Subsection 77-40-105(3)(a) from Section 78A-6-703.3 to
10235 Section 80-6-503; and
10236 (3) changing the reference in Subsection 77-40-105(3)(b) from Section 78A-6-703.5 to
10237 Section 80-6-504.