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7 LONG TITLE
8 General Description:
9 This bill addresses civil commitment of a child.
10 Highlighted Provisions:
11 This bill:
12 ▸ creates, modifies, and repeals definitions;
13 ▸ clarifies whether parental consent is required before a child may be temporarily
14 civilly committed to a local mental health authority;
15 ▸ clarifies abuse and neglect reporting requirements regarding a child who is
16 temporarily civilly committed to a local mental health authority;
17 ▸ modifies and clarifies the circumstances under which a child may be civilly
18 committed to a local mental health authority;
19 ▸ repeals provisions related to civil commitment of a minor to a secure drug or
20 alcohol facility or program; and
21 ▸ makes technical and conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 17-43-301, as last amended by Laws of Utah 2020, Chapter 303
29 62A-15-602, as last amended by Laws of Utah 2021, Chapter 122
30 62A-15-610, as last amended by Laws of Utah 2011, Chapter 366
31 62A-15-628, as last amended by Laws of Utah 2018, Chapter 322
32 62A-15-631, as last amended by Laws of Utah 2021, Chapter 122
33 62A-15-701, as last amended by Laws of Utah 2003, Chapter 195
34 62A-15-703, as last amended by Laws of Utah 2021, Chapter 262
35 62A-15-705, as last amended by Laws of Utah 2021, Chapter 261
36 78A-6-103, as last amended by Laws of Utah 2021, Chapter 261
37 78A-6-358, as renumbered and amended by Laws of Utah 2021, Chapter 261
38 78B-6-105, as last amended by Laws of Utah 2021, Chapter 261
39 80-3-405, as enacted by Laws of Utah 2021, Chapter 261
40 80-6-402, as renumbered and amended by Laws of Utah 2021, Chapter 261
41 80-6-403, as renumbered and amended by Laws of Utah 2021, Chapter 261
42 80-6-706, as enacted by Laws of Utah 2021, Chapter 261
43 80-6-801, as enacted by Laws of Utah 2021, Chapter 261
44 ENACTS:
45 62A-15-702.5, Utah Code Annotated 1953
46 REPEALS:
47 62A-15-301, as renumbered and amended by Laws of Utah 2002, Fifth Special Session,
48 Chapter 8
49 62A-15-702, as renumbered and amended by Laws of Utah 2002, Fifth Special Session,
50 Chapter 8
51
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 17-43-301 is amended to read:
54 17-43-301. Local mental health authorities -- Responsibilities.
55 (1) As used in this section:
56 (a) "Assisted outpatient treatment" means the same as that term is defined in Section
57 62A-15-602.
58 (b) "Crisis worker" means the same as that term is defined in Section 62A-15-1301.
59 (c) "Local mental health crisis line" means the same as that term is defined in Section
60 62A-15-1301.
61 (d) "Mental health therapist" means the same as that term is defined in Section
62 58-60-102.
63 (e) "Public funds" means the same as that term is defined in Section 17-43-303.
64 (f) "Statewide mental health crisis line" means the same as that term is defined in
65 Section 62A-15-1301.
66 (2) (a) (i) In each county operating under a county executive-council form of
67 government under Section 17-52a-203, the county legislative body is the local mental health
68 authority, provided however that any contract for plan services shall be administered by the
69 county executive.
70 (ii) In each county operating under a council-manager form of government under
71 Section 17-52a-204, the county manager is the local mental health authority.
72 (iii) In each county other than a county described in Subsection (2)(a)(i) or (ii), the
73 county legislative body is the local mental health authority.
74 (b) Within legislative appropriations and county matching funds required by this
75 section, under the direction of the division, each local mental health authority shall:
76 (i) provide mental health services to individuals within the county; and
77 (ii) cooperate with efforts of the Division of Substance Abuse and Mental Health to
78 promote integrated programs that address an individual's substance abuse, mental health, and
79 physical healthcare needs, as described in Section 62A-15-103.
80 (c) Within legislative appropriations and county matching funds required by this
81 section, each local mental health authority shall cooperate with the efforts of the Department of
82 Human Services to promote a system of care, as defined in Section 62A-1-104, for minors with
83 or at risk for complex emotional and behavioral needs, as described in Section 62A-1-111.
84 (3) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
85 Cooperation Act, two or more counties may join to:
86 (i) provide mental health prevention and treatment services; or
87 (ii) create a united local health department that combines substance abuse treatment
88 services, mental health services, and local health department services in accordance with
89 Subsection (4).
90 (b) The legislative bodies of counties joining to provide services may establish
91 acceptable ways of apportioning the cost of mental health services.
92 (c) Each agreement for joint mental health services shall:
93 (i) (A) designate the treasurer of one of the participating counties or another person as
94 the treasurer for the combined mental health authorities and as the custodian of money
95 available for the joint services; and
96 (B) provide that the designated treasurer, or other disbursing officer authorized by the
97 treasurer, may make payments from the money available for the joint services upon audit of the
98 appropriate auditing officer or officers representing the participating counties;
99 (ii) provide for the appointment of an independent auditor or a county auditor of one of
100 the participating counties as the designated auditing officer for the combined mental health
101 authorities;
102 (iii) (A) provide for the appointment of the county or district attorney of one of the
103 participating counties as the designated legal officer for the combined mental health
104 authorities; and
105 (B) authorize the designated legal officer to request and receive the assistance of the
106 county or district attorneys of the other participating counties in defending or prosecuting
107 actions within their counties relating to the combined mental health authorities; and
108 (iv) provide for the adoption of management, clinical, financial, procurement,
109 personnel, and administrative policies as already established by one of the participating
110 counties or as approved by the legislative body of each participating county or interlocal board.
111 (d) An agreement for joint mental health services may provide for:
112 (i) joint operation of services and facilities or for operation of services and facilities
113 under contract by one participating local mental health authority for other participating local
114 mental health authorities; and
115 (ii) allocation of appointments of members of the mental health advisory council
116 between or among participating counties.
117 (4) A county governing body may elect to combine the local mental health authority
118 with the local substance abuse authority created in Part 2, Local Substance Abuse Authorities,
119 and the local health department created in Title 26A, Chapter 1, Part 1, Local Health
120 Department Act, to create a united local health department under Section 26A-1-105.5. A local
121 mental health authority that joins with a united local health department shall comply with this
122 part.
123 (5) (a) Each local mental health authority is accountable to the department, the
124 Department of Health, and the state with regard to the use of state and federal funds received
125 from those departments for mental health services, regardless of whether the services are
126 provided by a private contract provider.
127 (b) Each local mental health authority shall comply, and require compliance by [
128 local mental health authority's contract provider, with all directives issued by the department
129 and the Department of Health regarding the use and expenditure of state and federal funds
130 received from those departments for the purpose of providing mental health programs and
131 services. The department and Department of Health shall ensure that those directives are not
132 duplicative or conflicting, and shall consult and coordinate with local mental health authorities
133 with regard to programs and services.
134 (6) (a) Each local mental health authority shall:
135 (i) review and evaluate mental health needs and services, including mental health needs
136 and services for:
137 (A) an individual incarcerated in a county jail or other county correctional facility; and
138 (B) an individual who is a resident of the county and who is court ordered to receive
139 assisted outpatient treatment under Section 62A-15-630.5;
140 (ii) in accordance with Subsection (6)(b), annually prepare and submit to the division a
141 plan approved by the county legislative body for mental health funding and service delivery,
142 either directly by the local mental health authority or by contract;
143 (iii) establish and maintain, either directly or by contract, programs licensed under Title
144 62A, Chapter 2, Licensure of Programs and Facilities;
145 (iv) appoint, directly or by contract, a full-time or part-time director for mental health
146 programs and prescribe the director's duties;
147 (v) provide input and comment on new and revised rules established by the division;
148 (vi) establish and require contract providers to establish administrative, clinical,
149 personnel, financial, procurement, and management policies regarding mental health services
150 and facilities, in accordance with the rules of the division, and state and federal law;
151 (vii) establish mechanisms allowing for direct citizen input;
152 (viii) annually contract with the division to provide mental health programs and
153 services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
154 Mental Health Act;
155 (ix) comply with all applicable state and federal statutes, policies, audit requirements,
156 contract requirements, and any directives resulting from those audits and contract requirements;
157 (x) provide funding equal to at least 20% of the state funds that it receives to fund
158 services described in the plan;
159 (xi) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
160 Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
161 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
162 Other Local Entities Act; and
163 (xii) take and retain physical custody of minors committed to the physical custody of
164 local mental health authorities by a judicial proceeding under Title 62A, Chapter 15, Part 7,
165 Commitment of [
166 Individuals Under 18 Years Old to Local Mental Health Authority.
167 (b) Each plan under Subsection (6)(a)(ii) shall include services for adults, youth, and
168 children, which shall include:
169 (i) inpatient care and services;
170 (ii) residential care and services;
171 (iii) outpatient care and services;
172 (iv) 24-hour crisis care and services;
173 (v) psychotropic medication management;
174 (vi) psychosocial rehabilitation, including vocational training and skills development;
175 (vii) case management;
176 (viii) community supports, including in-home services, housing, family support
177 services, and respite services;
178 (ix) consultation and education services, including case consultation, collaboration
179 with other county service agencies, public education, and public information; and
180 (x) services to persons incarcerated in a county jail or other county correctional facility.
181 (7) (a) If a local mental health authority provides for a local mental health crisis line
182 under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), the local
183 mental health authority shall:
184 (i) collaborate with the statewide mental health crisis line described in Section
185 62A-15-1302;
186 (ii) ensure that each individual who answers calls to the local mental health crisis line:
187 (A) is a mental health therapist or a crisis worker; and
188 (B) meets the standards of care and practice established by the Division of Substance
189 Abuse and Mental Health, in accordance with Section 62A-15-1302; and
190 (iii) ensure that when necessary, based on the local mental health crisis line's capacity,
191 calls are immediately routed to the statewide mental health crisis line to ensure that when an
192 individual calls the local mental health crisis line, regardless of the time, date, or number of
193 individuals trying to simultaneously access the local mental health crisis line, a mental health
194 therapist or a crisis worker answers the call without the caller first:
195 (A) waiting on hold; or
196 (B) being screened by an individual other than a mental health therapist or crisis
197 worker.
198 (b) If a local mental health authority does not provide for a local mental health crisis
199 line under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), the
200 local mental health authority shall use the statewide mental health crisis line as a local crisis
201 line resource.
202 (8) Before disbursing any public funds, each local mental health authority shall require
203 that each entity that receives any public funds from a local mental health authority agrees in
204 writing that:
205 (a) the entity's financial records and other records relevant to the entity's performance
206 of the services provided to the mental health authority shall be subject to examination by:
207 (i) the division;
208 (ii) the local mental health authority director;
209 (iii) (A) the county treasurer and county or district attorney; or
210 (B) if two or more counties jointly provide mental health services under an agreement
211 under Subsection (3), the designated treasurer and the designated legal officer;
212 (iv) the county legislative body; and
213 (v) in a county with a county executive that is separate from the county legislative
214 body, the county executive;
215 (b) the county auditor may examine and audit the entity's financial and other records
216 relevant to the entity's performance of the services provided to the local mental health
217 authority; and
218 (c) the entity will comply with the provisions of Subsection (5)(b).
219 (9) A local mental health authority may receive property, grants, gifts, supplies,
220 materials, contributions, and any benefit derived therefrom, for mental health services. If those
221 gifts are conditioned upon their use for a specified service or program, they shall be so used.
222 (10) Public funds received for the provision of services pursuant to the local mental
223 health plan may not be used for any other purpose except those authorized in the contract
224 between the local mental health authority and the provider for the provision of plan services.
225 (11) A local mental health authority shall provide assisted outpatient treatment
226 services, as described in Section 62A-15-630.4, to a resident of the county who has been
227 ordered under Section 62A-15-630.5 to receive assisted outpatient treatment.
228 Section 2. Section 62A-15-602 is amended to read:
229 62A-15-602. Definitions.
230 As used in this part, [
231
232 Utah Forensic Mental Health Facility, Part 10, Declaration for Mental Health Treatment, and
233 Part 12, Essential Treatment and Intervention Act:
234 (1) "Adult" means an individual 18 years [
235 (2) "Approved treatment facility or program" means a treatment provider that meets the
236 standards described in Subsection 62A-15-103(2)(a)(v).
237 (3) "Assisted outpatient treatment" means involuntary outpatient mental health
238 treatment ordered under Section 62A-15-630.5.
239 (4) "Commitment to the custody of a local mental health authority" means that an adult
240 is committed to the custody of the local mental health authority that governs the mental health
241 catchment area where the adult resides or is found.
242 (5) "Community mental health center" means an entity that provides treatment and
243 services to a resident of a designated geographical area, that operates by or under contract with
244 a local mental health authority, and that complies with state standards for community mental
245 health centers.
246 (6) "Designated examiner" means:
247 (a) a licensed physician, preferably a psychiatrist, who is designated by the division as
248 specially qualified by training or experience in the diagnosis of mental or related illness; or
249 (b) a licensed mental health professional designated by the division as specially
250 qualified by training and who has at least five years' continual experience in the treatment of
251 mental illness.
252 (7) "Designee" means a physician who has responsibility for medical functions
253 including admission and discharge, an employee of a local mental health authority, or an
254 employee of a person that has contracted with a local mental health authority to provide mental
255 health services under Section 17-43-304.
256 (8) "Essential treatment" and "essential treatment and intervention" mean court-ordered
257 treatment at a local substance abuse authority or an approved treatment facility or program for
258 the treatment of an adult's substance use disorder.
259 (9) "Harmful sexual conduct" means the following conduct upon an individual without
260 the individual's consent, including the nonconsensual circumstances described in Subsections
261 76-5-406(2)(a) through (l):
262 (a) sexual intercourse;
263 (b) penetration, however slight, of the genital or anal opening of the individual;
264 (c) any sexual act involving the genitals or anus of the actor or the individual and the
265 mouth or anus of either individual, regardless of the gender of either participant; or
266 (d) any sexual act causing substantial emotional injury or bodily pain.
267 (10) "Informed waiver" means the patient was informed of a right and, after being
268 informed of that right and the patient's right to waive the right, expressly communicated his or
269 her intention to waive that right.
270 (11) "Institution" means a hospital or a health facility licensed under Section 26-21-8.
271 (12) "Local substance abuse authority" means the same as that term is defined in
272 Section 62A-15-102 and described in Section 17-43-201.
273 (13) "Mental health facility" means the Utah State Hospital or other facility that
274 provides mental health services under contract with the division, a local mental health
275 authority, a person that contracts with a local mental health authority, or a person that provides
276 acute inpatient psychiatric services to a patient.
277 (14) "Mental health officer" means an individual who is designated by a local mental
278 health authority as qualified by training and experience in the recognition and identification of
279 mental illness, to:
280 (a) apply for and provide certification for a temporary commitment; or
281 (b) assist in the arrangement of transportation to a designated mental health facility.
282 (15) "Mental illness" means:
283 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
284 behavioral, or related functioning; or
285 (b) the same as that term is defined in:
286 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
287 published by the American Psychiatric Association; or
288 (ii) the current edition of the International Statistical Classification of Diseases and
289 Related Health Problems.
290 (16) "Patient" means an individual who is:
291 (a) under commitment to the custody or to the treatment services of a local mental
292 health authority; or
293 (b) undergoing essential treatment and intervention.
294 (17) "Physician" means an individual who is:
295 (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
296 (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical
297 Practice Act.
298 (18) "Serious bodily injury" means bodily injury that involves a substantial risk of
299 death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
300 protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
301 (19) "Substantial danger" means that due to mental illness, an individual is at serious
302 risk of:
303 (a) suicide;
304 (b) serious bodily self-injury;
305 (c) serious bodily injury because the individual is incapable of providing the basic
306 necessities of life, including food, clothing, or shelter;
307 (d) causing or attempting to cause serious bodily injury to another individual; or
308 (e) engaging in harmful sexual conduct.
309 (20) "Treatment" means psychotherapy, medication, including the administration of
310 psychotropic medication, or other medical treatments that are generally accepted medical or
311 psychosocial interventions for the purpose of restoring the patient to an optimal level of
312 functioning in the least restrictive environment.
313 Section 3. Section 62A-15-610 is amended to read:
314 62A-15-610. Objectives of state hospital and other facilities -- Persons who may
315 be admitted to state hospital.
316 (1) The objectives of the state hospital and other mental health facilities shall be to care
317 for all [
318 and to furnish [
319 rest, restraint, amusement, occupation, and support that is conducive to [
320 physical and mental well-being.
321 (2) Only the following [
322 (a) [
323 necessary for commitment under this part and who have severe mental disorders for whom no
324 appropriate, less restrictive treatment alternative is available;
325 (b) [
326 for commitment under Part 7, Commitment of [
327
328 and for whom no less restrictive alternative is available;
329 (c) [
330 Title 77, Chapter 16a, Commitment and Treatment of Persons with a Mental Illness;
331 (d) [
332 who are under a subsequent commitment order because they have a mental illness and are a
333 danger to [
334 (e) [
335 (f) [
336 Criminal Procedure; and
337 (g) persons in the custody of the Department of Corrections, admitted in accordance
338 with Section 62A-15-605.5, giving priority to those [
339 disorders.
340 Section 4. Section 62A-15-628 is amended to read:
341 62A-15-628. Involuntary commitment -- Procedures.
342 (1) An adult may not be involuntarily committed to the custody of a local mental health
343 authority except under the following provisions:
344 (a) emergency procedures for temporary commitment upon medical or designated
345 examiner certification, as provided in Subsection 62A-15-629(1)(a);
346 (b) emergency procedures for temporary commitment without endorsement of medical
347 or designated examiner certification, as provided in Subsection 62A-15-629(1)(b); or
348 (c) commitment on court order, as provided in Section 62A-15-631.
349 (2) [
350 physical custody of a local mental health authority only in accordance with the provisions of
351 Part 7, Commitment of [
352
353 Section 5. Section 62A-15-631 is amended to read:
354 62A-15-631. Involuntary commitment under court order -- Examination --
355 Hearing -- Power of court -- Findings required -- Costs.
356 (1) A responsible individual who has credible knowledge of an adult's mental illness
357 and the condition or circumstances that have led to the adult's need to be involuntarily
358 committed may initiate an involuntary commitment court proceeding by filing, in the district
359 court in the county where the proposed patient resides or is found, a written application that
360 includes:
361 (a) unless the court finds that the information is not reasonably available, the proposed
362 patient's:
363 (i) name;
364 (ii) date of birth; and
365 (iii) social security number;
366 (b) (i) a certificate of a licensed physician or a designated examiner stating that within
367 the seven-day period immediately preceding the certification, the physician or designated
368 examiner examined the proposed patient and is of the opinion that the proposed patient has a
369 mental illness and should be involuntarily committed; or
370 (ii) a written statement by the applicant that:
371 (A) the proposed patient has been requested to, but has refused to, submit to an
372 examination of mental condition by a licensed physician or designated examiner;
373 (B) is sworn to under oath; and
374 (C) states the facts upon which the application is based; and
375 (c) a statement whether the proposed patient has previously been under an assisted
376 outpatient treatment order, if known by the applicant.
377 (2) (a) Subject to Subsection (2)(b), before issuing a judicial order, the court may
378 require the applicant to consult with the appropriate local mental health authority, and the court
379 may direct a mental health professional from that local mental health authority to interview the
380 applicant and the proposed patient to determine the existing facts and report them to the court.
381 (b) The consultation described in Subsection (2)(a):
382 (i) may take place at or before the hearing; and
383 (ii) is required if the local mental health authority appears at the hearing.
384 (3) If the court finds from the application, from any other statements under oath, or
385 from any reports from a mental health professional that there is a reasonable basis to believe
386 that the proposed patient has a mental illness that poses a substantial danger to self or others
387 requiring involuntary commitment pending examination and hearing; or, if the proposed patient
388 has refused to submit to an interview with a mental health professional as directed by the court
389 or to go to a treatment facility voluntarily, the court may issue an order, directed to a mental
390 health officer or peace officer, to immediately place the proposed patient in the custody of a
391 local mental health authority or in a temporary emergency facility as provided in Section
392 62A-15-634 to be detained for the purpose of examination.
393 (4) Notice of commencement of proceedings for involuntary commitment, setting forth
394 the allegations of the application and any reported facts, together with a copy of any official
395 order of detention, shall be provided by the court to a proposed patient before, or upon,
396 placement in the custody of a local mental health authority or, with respect to any proposed
397 patient presently in the custody of a local mental health authority whose status is being changed
398 from voluntary to involuntary, upon the filing of an application for that purpose with the court.
399 A copy of that order of detention shall be maintained at the place of detention.
400 (5) Notice of commencement of those proceedings shall be provided by the court as
401 soon as practicable to the applicant, any legal guardian, any immediate adult family members,
402 legal counsel for the parties involved, the local mental health authority or [
403 health authority's designee, and any other persons whom the proposed patient or the court shall
404 designate. That notice shall advise those persons that a hearing may be held within the time
405 provided by law. If the proposed patient has refused to permit release of information necessary
406 for provisions of notice under this subsection, the extent of notice shall be determined by the
407 court.
408 (6) Proceedings for commitment of an individual under [
409 local mental health authority may be commenced in accordance with Part 7, Commitment of
410 [
411 18 Years Old to Local Mental Health Authority.
412 (7) The district court may, in [
413 other district court within this state, provided that the transfer will not be adverse to the interest
414 of the proposed patient.
415 (8) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance
416 of a judicial order, or after commitment of a proposed patient to a local mental health authority
417 or [
418 examination, the court shall appoint two designated examiners:
419 (a) who did not sign the civil commitment application nor the civil commitment
420 certification under Subsection (1);
421 (b) one of whom is a licensed physician; and
422 (c) one of whom may be designated by the proposed patient or the proposed patient's
423 counsel, if that designated examiner is reasonably available.
424 (9) The court shall schedule a hearing to be held within 10 calendar days of the day on
425 which the designated examiners are appointed.
426 (10) The designated examiners shall:
427 (a) conduct their examinations separately;
428 (b) conduct the examinations at the home of the proposed patient, at a hospital or other
429 medical facility, or at any other suitable place that is not likely to have a harmful effect on the
430 proposed patient's health;
431 (c) inform the proposed patient, if not represented by an attorney:
432 (i) that the proposed patient does not have to say anything;
433 (ii) of the nature and reasons for the examination;
434 (iii) that the examination was ordered by the court;
435 (iv) that any information volunteered could form part of the basis for the proposed
436 patient's involuntary commitment;
437 (v) that findings resulting from the examination will be made available to the court;
438 and
439 (vi) that the designated examiner may, under court order, obtain the proposed patient's
440 mental health records; and
441 (d) within 24 hours of examining the proposed patient, report to the court, orally or in
442 writing, whether the proposed patient is mentally ill, has agreed to voluntary commitment, as
443 described in Section 62A-15-625, or has acceptable programs available to the proposed patient
444 without court proceedings. If the designated examiner reports orally, the designated examiner
445 shall immediately send a written report to the clerk of the court.
446 (11) If a designated examiner is unable to complete an examination on the first attempt
447 because the proposed patient refuses to submit to the examination, the court shall fix a
448 reasonable compensation to be paid to the examiner.
449 (12) If the local mental health authority, [
450 designee, or a medical examiner determines before the court hearing that the conditions
451 justifying the findings leading to a commitment hearing no longer exist, the local mental health
452 authority, [
453 immediately report that determination to the court.
454 (13) The court may terminate the proceedings and dismiss the application at any time,
455 including prior to the hearing, if the designated examiners or the local mental health authority
456 or [
457 (a) does not meet the criteria in Subsection (16);
458 (b) has agreed to voluntary commitment, as described in Section 62A-15-625; or
459 (c) has acceptable options for treatment programs that are available without court
460 proceedings.
461 (14) Before the hearing, an opportunity to be represented by counsel shall be afforded
462 to the proposed patient, and if neither the proposed patient nor others provide counsel, the court
463 shall appoint counsel and allow counsel sufficient time to consult with the proposed patient
464 before the hearing. In the case of an indigent proposed patient, the payment of reasonable
465 attorney fees for counsel, as determined by the court, shall be made by the county in which the
466 proposed patient resides or is found.
467 (15) (a) The proposed patient, the applicant, and all other persons to whom notice is
468 required to be given shall be afforded an opportunity to appear at the hearing, to testify, and to
469 present and cross-examine witnesses. The court may, in [
470 testimony of any other person. The court may allow a waiver of the proposed patient's right to
471 appear for good cause, which cause shall be set forth in the record, or an informed waiver by
472 the patient, which shall be included in the record.
473 (b) The court is authorized to exclude all persons not necessary for the conduct of the
474 proceedings and may, upon motion of counsel, require the testimony of each examiner to be
475 given out of the presence of any other examiners.
476 (c) The hearing shall be conducted in as informal a manner as may be consistent with
477 orderly procedure, and in a physical setting that is not likely to have a harmful effect on the
478 mental health of the proposed patient, while preserving the due process rights of the proposed
479 patient.
480 (d) The court shall consider all relevant historical and material information that is
481 offered, subject to the rules of evidence, including reliable hearsay under Rule 1102, Utah
482 Rules of Evidence.
483 (e) (i) A local mental health authority or [
484 designee or the physician in charge of the proposed patient's care shall, at the time of the
485 hearing, provide the court with the following information:
486 (A) the detention order;
487 (B) admission notes;
488 (C) the diagnosis;
489 (D) any doctors' orders;
490 (E) progress notes;
491 (F) nursing notes;
492 (G) medication records pertaining to the current commitment; and
493 (H) whether the proposed patient has previously been civilly committed or under an
494 order for assisted outpatient treatment.
495 (ii) That information shall also be supplied to the proposed patient's counsel at the time
496 of the hearing, and at any time prior to the hearing upon request.
497 (16) The court shall order commitment of [
498
499 consideration of the information presented, the court finds by clear and convincing evidence
500 that:
501 (a) the proposed patient has a mental illness;
502 (b) because of the proposed patient's mental illness the proposed patient poses a
503 substantial danger to self or others;
504 (c) the proposed patient lacks the ability to engage in a rational decision-making
505 process regarding the acceptance of mental treatment as demonstrated by evidence of inability
506 to weigh the possible risks of accepting or rejecting treatment;
507 (d) there is no appropriate less-restrictive alternative to a court order of commitment;
508 and
509 (e) the local mental health authority can provide the proposed patient with treatment
510 that is adequate and appropriate to the proposed patient's conditions and needs. In the absence
511 of the required findings of the court after the hearing, the court shall dismiss the proceedings.
512 (17) (a) The order of commitment shall designate the period for which the patient shall
513 be treated. When the patient is not under an order of commitment at the time of the hearing,
514 that period may not exceed six months without benefit of a review hearing. Upon such a review
515 hearing, to be commenced prior to the expiration of the previous order, an order for
516 commitment may be for an indeterminate period, if the court finds by clear and convincing
517 evidence that the required conditions in Subsection (16) will last for an indeterminate period.
518 (b) The court shall maintain a current list of all patients under [
519 commitment. That list shall be reviewed to determine those patients who have been under an
520 order of commitment for the designated period. At least two weeks prior to the expiration of
521 the designated period of any order of commitment still in effect, the court that entered the
522 original order shall inform the appropriate local mental health authority or [
523 health authority's designee. The local mental health authority or [
524 authority's designee shall immediately reexamine the reasons upon which the order of
525 commitment was based. If the local mental health authority or [
526 authority's designee determines that the conditions justifying that commitment no longer exist,
527 it shall discharge the patient from involuntary commitment and immediately report the
528 discharge to the court. Otherwise, the court shall immediately appoint two designated
529 examiners and proceed under Subsections (8) through (14).
530 (c) The local mental health authority or [
531 designee responsible for the care of a patient under an order of commitment for an
532 indeterminate period shall, at six-month intervals, reexamine the reasons upon which the order
533 of indeterminate commitment was based. If the local mental health authority or [
534 mental health authority's designee determines that the conditions justifying that commitment no
535 longer exist, that local mental health authority or [
536 designee shall discharge the patient from [
537 immediately report the discharge to the court. If the local mental health authority or [
538 local mental health authority's designee determines that the conditions justifying that
539 commitment continue to exist, the local mental health authority or [
540 authority's designee shall send a written report of those findings to the court. The patient and
541 the patient's counsel of record shall be notified in writing that the involuntary commitment will
542 be continued, the reasons for that decision, and that the patient has the right to a review hearing
543 by making a request to the court. Upon receiving the request, the court shall immediately
544 appoint two designated examiners and proceed under Subsections (8) through (14).
545 (18) Any patient committed as a result of an original hearing or a patient's legally
546 designated representative who is aggrieved by the findings, conclusions, and order of the court
547 entered in the original hearing has the right to a new hearing upon a petition filed with the court
548 within 30 days of the entry of the court order. The petition must allege error or mistake in the
549 findings, in which case the court shall appoint three impartial designated examiners previously
550 unrelated to the case to conduct an additional examination of the patient. The new hearing
551 shall, in all other respects, be conducted in the manner otherwise permitted.
552 (19) Costs of all proceedings under this section shall be paid by the county in which the
553 proposed patient resides or is found.
554 Section 6. Section 62A-15-701 is amended to read:
555
556
557 62A-15-701. Definitions.
558 As used in this part:
559 (1) "Child" means [
560 (2) "Commit" and "commitment" mean the transfer of physical custody in accordance
561 with the requirements of this part.
562 (3) "Designated examiner" means the same as that term is defined in Section
563 62A-15-602.
564 (4) "Designee" means the same as that term is defined in Section 62A-15-602.
565 (5) "Inpatient setting" means an out of home acute setting for stabilization or treatment
566 of a patient who:
567 (a) has a mental illness; and
568 (b) because of the mental illness, poses a substantial danger to self or others.
569 [
570 duties:
571 (a) the right to determine where and with whom the child shall live;
572 (b) the right to [
573 consent for treatment for the child in which a constitutionally protected liberty or privacy
574 interest may be affected, including antipsychotic medication, electroshock therapy, and
575 psychosurgery; [
576 (c) the right, in an emergency, to authorize surgery or other extraordinary [
577 care[
578 (d) the right and duty to protect, train, and discipline the child.
579 (7) "Mental illness" means the same as that term is defined in Section 62A-15-602.
580 (8) "Patient" means the same as that term is defined in Section 62A-15-602.
581 [
582 duties:
583 (a) [
584 inpatient setting;
585 [
586 [
587 [
588 food, clothing, shelter, and ordinary medical care.
589 [
590
591 [
592
593
594 (10) "Substantial danger" means the same as that term is defined in Section
595 62A-15-602.
596 (11) "Treatment" means the same as that term is defined in Section 62A-15-602.
597 Section 7. Section 62A-15-702.5 is enacted to read:
598 62A-15-702.5. Temporary commitment -- Criteria -- Protective custody --
599 Transport of child -- Release.
600 (1) A child shall be temporarily committed to the physical custody of a local mental
601 health authority for evaluation and treatment if:
602 (a) the child's parent or legal guardian does not consent to evaluation or treatment for
603 the child; and
604 (b) (i) another responsible individual submits a written application to the local mental
605 health authority that:
606 (A) states the individual's belief that the child has a mental illness and because of the
607 child's mental illness, the child poses a substantial danger to self or others;
608 (B) states the responsible individual's reason to know and personal knowledge of the
609 child's condition or circumstances that led to the individual's belief described in Subsection
610 (1)(b)(i)(A);
611 (C) includes a certification by a licensed physician or designated examiner that states
612 the physician or designated examiner examined the child within the three-day period
613 immediately before the day on which the physician or designated examiner completed the
614 certification and is of the opinion that the child has a mental illness and because of the child's
615 mental illness, the child poses a substantial danger to self or others; and
616 (D) is on a form prescribed by the division; or
617 (ii) a peace officer or mental health officer submits a written application to the local
618 mental health authority that:
619 (A) states the peace officer or mental health officer has, based on the peace officer's or
620 mental health officer's observations, probable cause to believe that the child has a mental
621 illness and because of the child's mental illness and conduct, the child poses a substantial
622 danger to self or others;
623 (B) states the peace officer's or mental health officer's belief that the child poses a
624 substantial danger to self or others;
625 (C) states the specific nature of the substantial danger;
626 (D) provides a summary of the observations upon which the statement of substantial
627 danger is based;
628 (E) provides a statement of the facts that called the child to the peace officer's or
629 mental health officer's attention; and
630 (F) is on a form prescribed by the division.
631 (2) (a) Except as provided in Subsection (2)(b), upon a written application under
632 Subsection (1) a peace officer shall:
633 (i) take the child into the peace officer's protective custody, by reasonable means, if
634 necessary for public safety; and
635 (ii) arrange for the child to be transported for temporary commitment to a facility
636 designated by the local mental health authority by means of:
637 (A) an ambulance, if the child meets any of the criteria described in Section 26-8a-305;
638 (B) the city, town, or municipal law enforcement authority with jurisdiction over the
639 location where the child is present, if the child is not transported by ambulance;
640 (C) the county sheriff, if the facility designated by the local mental health authority is
641 outside of the jurisdiction of the city, town, or municipal law enforcement authority and the
642 child is not transported by ambulance; or
643 (D) nonemergency secured behavioral health transport as that term is defined in
644 Section 26-8a-102.
645 (b) (i) A child who is temporarily committed under this section shall be transported by
646 ambulance to an appropriate medical facility for treatment if the child requires physical medical
647 attention.
648 (ii) If the child is not taken into protective custody under Subsection (2)(a), the child
649 may be transported for temporary commitment to a facility designated by the local mental
650 health authority, by means of an ambulance arranged by a physician, designated examiner, or
651 mental health officer, or any means described in Subsection (2)(a).
652 (iii) If the peace officer has probable cause to believe, based on the peace officer's
653 experience and de-escalation training, that taking the child into protective custody or
654 transporting the child for temporary commitment under Subsection (2)(a) would increase the
655 risk of substantial danger to the child or others, the peace officer:
656 (A) is not required to take the child into protective custody or to arrange for or
657 transport the child, to the extent permitted by policies and procedures established by the peace
658 officer's law enforcement agency and any other applicable law; and
659 (B) shall document in the peace officer's report the details and circumstances that led to
660 the officer's decision under Subsection (2)(b)(iii)(A).
661 (3) (a) A child may only be temporarily committed under this section for a maximum
662 of 72 hours, excluding Saturdays, Sundays, and legal holidays.
663 (b) The local mental health authority shall release a child who is temporarily
664 committed under this section before the end of the 72 hours described in Subsection (3)(a)
665 unless the child is further committed under Section 62A-15-703.
666 (4) (a) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to this
667 section.
668 (b) This section does not create a special duty of care.
669 (c) (i) A person is not required to report under Section 62A-4a-403 based solely on a
670 parent's or legal guardian's refusal to consent to evaluation or treatment for the parent's or legal
671 guardian's child before the child is temporarily committed under this section.
672 (ii) A person may report under Section 62A-4a-403 if, at the expiration of the child's
673 temporary commitment period described in Subsection (3)(a):
674 (A) the child's parent or legal guardian refuses to consent to evaluation or treatment for
675 the child; and
676 (B) the person has reason to believe the child's parent or legal guardian's refusal under
677 Subsection (4)(c)(ii)(A) is neglect, as that term is defined in Subsection 80-1-102(51)(a)(iii).
678 (iii) Subsections (4)(c)(i) and (ii) do not prohibit a person from making a report in
679 accordance with Section 62A-4a-403.
680 Section 8. Section 62A-15-703 is amended to read:
681 62A-15-703. Commitment proceeding outside of juvenile court -- Criteria --
682 Physical and legal custody -- Costs -- Release -- Appeal to juvenile court.
683 [
684
685
686 [
687
688
689
690
691 (1) As used in this section, "child's current treating mental health professional" means:
692 (a) a licensed mental health professional who is providing mental health treatment to
693 the child; or
694 (b) if the child is in the physical custody of the Utah State Hospital, the treating
695 psychiatrist or clinical director of the Utah State Hospital.
696 (2) Except as provided in Sections 62A-15-702.5 and 62A-15-705, a child may only
697 receive services from a local mental health authority in an inpatient setting after the child is
698 committed to the physical custody of a local mental health authority in accordance with this
699 section.
700 (3) A child shall be initially committed to the physical custody of a local mental health
701 authority if:
702 (a) a responsible individual with reason to know of the child's condition or
703 circumstances files a petition for commitment of the child with the local mental health
704 authority; and
705 (b) after the time at which the petition for commitment is filed, a neutral and detached
706 fact finder:
707 (i) holds a hearing to conduct a careful, diagnostic inquiry into the commitment of the
708 child in accordance with this section; and
709 (ii) orders commitment of the child to a local mental health authority in accordance
710 with this section.
711 [
712 Subsection (3):
713 (a) shall be a designated examiner[
714 (b) may not profit, financially or otherwise, from the commitment or physical
715 placement of the child [
716 [
717
718
719 [
720 [
721
722 [
723
724 [
725 (5) (a) The [
726 finder described in Subsection (3) shall be conducted in as informal of a manner as possible
727 and in a physical setting that is not likely to have a harmful effect on the child.
728 [
729 (b) (i) The neutral and detached fact finder shall provide the following persons
730 informal notice of the hearing and an opportunity to appear at the hearing:
731 (A) the child;
732 (B) the child's parent or legal guardian[
733 (C) if not the child's parent or legal guardian, the petitioner[
734 (D) a representative of the [
735 [
736 [
737 (ii) If the petitioner is not the child's parent or legal guardian:
738 (A) the local mental health authority or the local mental health authority's designee
739 shall also provide notice to the child's parent or legal guardian of the hearing; and
740 (B) the neutral and detached fact finder shall provide the child's parent or legal
741 guardian sufficient time to prepare for the hearing.
742 (c) The neutral and detached fact finder may, in the neutral and detached fact finder's
743 discretion, receive the testimony of any other person during the hearing.
744 (d) (i) The neutral and detached fact finder may allow a child to waive the child's right
745 to be present at the [
746
747 (ii) If the neutral and detached fact finder allows the child to waive the child's right to
748 be present at the hearing, the neutral and detached fact finder shall make the purpose of the
749 waiver [
750 (e) At the time of the[
751 health authority, [
752
753 mental health professional shall provide the neutral and detached fact finder with the following
754 information, as [
755 (i) the petition for commitment;
756 (ii) [
757 (iii) the child's diagnosis;
758 (iv) physicians' orders;
759 (v) progress notes;
760 (vi) nursing notes; and
761 (vii) medication records.
762 (f) The local mental health authority, the local mental health authority's designee, or the
763 child's current treating mental health professional shall provide the information described in
764 Subsection (5)(e) [
765 request.
766 (6) (a) The neutral and detached fact finder described in Subsection (3) shall order that
767 the child be committed to the physical custody of a local mental health authority if the neutral
768 and detached fact finder determines by clear and convincing evidence that:
769 (i) the child has a mental illness;
770 (ii) because of the child's mental illness, the child poses a substantial danger to self or
771 others;
772 (iii) there is no appropriate less-restrictive alternative to an order of commitment; and
773 (iv) the local mental health authority can provide the child with treatment that is
774 adequate and appropriate to the child's condition and needs.
775 [
776 [
777 (ii) The duration of an order of commitment [
778
779 (7) (a) If further commitment of the child is sought, a hearing shall be conducted before
780 the day on which the order of commitment expires in the same manner as the initial
781 commitment [
782 under this section.
783 (b) If an order for further commitment is made at the conclusion of the hearing [
784
785 (7)(a), the neutral and detached fact finder who conducts the hearing described in Subsection
786 (7)(a) shall:
787 (i) at the conclusion of the hearing and subsequently in writing, inform the child and
788 the child's parent or legal guardian of [
789 the reasons for ordering further commitment[
790 [
791 (ii) state in writing the basis of the [
792 specific reference to each of the criteria described in Subsection [
793 record.
794 [
795
796
797
798
799
800 [
801 child committed to [
802 (b) (i) The parent or legal guardian of a child committed to the physical custody of a
803 local mental health authority under this section, retains legal custody of the child, unless legal
804 custody [
805
806 (ii) If the Division of Child and Family Services or the Division of Juvenile Justice
807 Services has legal custody of [
808 purposes of this part.
809 [
810 local mental health authority shall be assessed to and paid by the child's [
811 according to [
812 (b) (i) If a child is in the legal custody of the Division of Child and Family Services or
813 the Division of Juvenile Justice Services [
814
815
816 when the child is committed to the physical custody of a local mental health authority under
817 this section, that division, in addition to the child's parent, is financially responsible for the cost
818 of caring for and maintaining the child in physical custody, unless Medicaid regulation or
819 contract provisions specify otherwise.
820 (ii) The Office of Recovery Services shall assist [
821 and Family Services and the Division of Juvenile Justice Services in collecting the costs
822 assessed [
823 [
824
825
826
827
828 (10) (a) (i) [
829 appeal within 30 days after [
830 (ii) The appeal may be brought on the child's own petition or on petition of the child's
831 parent or legal guardian, to the juvenile court in the district where the child resides or is
832 [
833
834
835 (iii) (A) Except as provided in Subsection (10)(a)(iii)(B), the county attorney's office is
836 responsible for [
837 (B) If the child is in the legal custody of the Division of Child and Family Services or
838 the Division of Juvenile Justice Services, the attorney general's office is responsible for the
839 appeal.
840 (b) (i) [
841 for appeal, the juvenile court shall appoint a designated examiner previously unrelated to the
842 case, to conduct an examination of the child [
843 child meets the criteria described in Subsection [
844 juvenile court. [
845 (ii) After the day on which the juvenile court receives the report from the designated
846 examiner, the juvenile court shall conduct an appeal hearing to determine by clear and
847 convincing evidence whether the [
848
849 (c) [
850 [
851 the child's current treating mental health professional [
852
853 appeal hearing with the [
854 information relates to the period of current admission[
855 [
856 [
857 [
858 [
859 [
860 [
861 [
862 (d) [
863 made the order of commitment that is appealed and the designated examiner appointed [
864
865 most current information described in Subsection (10)(c) [
866 appeal hearing is held.
867 [
868
869
870
871 (e) (i) The juvenile court shall notify and provide the following persons an opportunity
872 to appear at the appeal hearing:
873 (A) the child;
874 (B) the child's parent or legal guardian;
875 (C) if not the child's parent or legal guardian, the petitioner who filed the initial petition
876 for commitment of the child; and
877 (D) a representative of the local mental health authority.
878 (ii) In reaching [
879 record and findings of the neutral and detached fact finder[
880 commitment and the report of the designated examiner appointed [
881 Subsection (10)(b), and may, in [
882 testimony of:
883 (A) the neutral and detached fact finder[
884 (B) the designated examiner[
885 (C) the child[
886 (D) the child's parent or legal guardian[
887 (E) the person who brought the initial petition for commitment[
888 (F) any other person whose testimony the court deems relevant.
889 (iii) (A) The juvenile court may allow the child to waive the right to appear at the
890 appeal hearing, for good cause shown. [
891 (B) If juvenile court allows the child to waive the right to appear at the appeal hearing,
892 the juvenile court shall make the purpose [
893 court's record.
894 (11) [
895 (a) conduct periodic [
896 of [
897 this section[
898
899 (b) release a child from commitment who no longer meets the criteria described in
900 Subsection (6)(a).
901 (12) (a) A local mental health authority or [
902 designee, in conjunction with the child's current treating mental health professional, may
903 release an improved child to a less restrictive environment[
904 authority or the local mental health authority's designee and the child's current treating mental
905 health professional determine appropriate. [
906 (b) If the local mental health authority or [
907 designee[
908 conditions justifying commitment no longer exist, the [
909 local mental health authority shall release the child to the physical custody of the child's parent
910 or legal guardian. [
911
912
913 [
914 authority's designee, in conjunction with the child's current treating mental health professional,
915 is authorized to issue a written order for the immediate placement of a child not previously
916 released from an order of commitment into a more restrictive environment, if the local mental
917 health authority or [
918 treating mental health professional [
919 environment in which the child [
920 or increasing the child's risk of harm to self or others.
921 [
922 (i) include the reasons for placement in a more restrictive environment and shall
923 authorize any peace officer to take the child into physical custody and transport the child to a
924 facility designated by the appropriate local mental health authority in conjunction with the
925 child's current treating mental health professional[
926 (ii) be personally delivered before the day on which the child is admitted to the more
927 restrictive environment[
928 (A) the child[
929 (B) the child's parent or legal guardian[
930 (C) the administrator of the more restrictive environment[
931 designee[
932 (D) the child's former treatment provider or facility.
933 [
934 days and is aggrieved by the change to a more restrictive environment, the child or the child's
935 representative may request a review of the placement within 30 days [
936 day on which the change is made, by a neutral and detached fact finder [
937 meets the requirements described in Subsection [
938 (ii) The neutral and detached fact finder described in Subsection (12)(e)(i) shall
939 determine whether[
940 is exacerbating the child's mental illness or increasing the child's risk of harm to self or others[
941
942 [
943
944
945 (iii) If the neutral and detached fact finder described in Subsection (12)(e)(i) makes the
946 determination described in Subsection (12)(e)(ii), the neutral and detached fact finder shall
947 order that the child remain in the less restrictive environment.
948 [
949
950
951
952 [
953 authority's designee, in conjunction with the child's current treating mental health professional,
954 shall [
955 mental health authority[
956 current treating mental health professional, no longer meets the criteria [
957 Subsection [
958 (ii) Before the day on which the child is released under Subsection (12)(f)(i), the local
959 mental health authority and the mental health professional shall [
960 supportive services required to meet the child's needs upon release will be provided.
961 (g) This section does not prevent a local mental health authority or the local mental
962 health authority's designee, in conjunction with the child's current treating mental health
963 professional, from releasing a child from commitment or placing a child in an environment that
964 is less-restrictive than the environment designated by the neutral and detached fact finder
965 described in Subsection (12)(e).
966 [
967 (13) A child who is committed to the physical custody of a local mental health
968 authority under this section[
969 in accordance with Section 62A-15-704, before any treatment that may affect a constitutionally
970 protected liberty or privacy interest is administered[
971
972 Section 9. Section 62A-15-705 is amended to read:
973 62A-15-705. Commitment proceedings in juvenile court -- Criteria -- Child in
974 physical custody of local mental health authority.
975 [
976
977
978 [
979 (1) A proceeding to commit a child to the physical custody of a local mental health
980 authority to receive services from the local mental health authority in an inpatient setting may
981 be commenced in accordance with this section only after a commitment proceeding under
982 Section 62A-15-703 [
983 (2) A responsible individual may commence a proceeding to commit a child to the
984 physical custody of a local mental health authority for the purpose described in Subsection (1)
985 by filing a written application with the juvenile court of the county in which the child resides or
986 is found.
987 (3) The written application described in Subsection (2) shall:
988 (a) (i) if reasonably available, state the child's:
989 (A) name;
990 (B) date of birth; and
991 (C) social security number;
992 (ii) state the responsible individual's credible knowledge of the child's mental illness
993 and the condition or circumstances that led to the child's need to be committed to the physical
994 custody of the local mental health authority; and
995 (b) (i) include a certification by a licensed physician or designated examiner that states
996 the physician or designated examiner:
997 (A) examined the child within the seven-day period immediately before the day on
998 which the physician or designated examiner completed the certification; and
999 (B) is of the opinion that the child has a mental illness and should be committed to the
1000 physical custody of the local mental health authority; or
1001 (ii) include a statement, under sworn oath, that:
1002 (A) the child's parent or legal guardian refuses to submit the child to an examination of
1003 mental condition by a licensed physician or designated examiner; and
1004 (B) describes the facts upon which the written application is based.
1005 (4) (a) The juvenile court shall, as soon as practicable, provide notice of the written
1006 application described in Subsection (2) to:
1007 (i) if not the applicant, the parent or legal guardian of the child;
1008 (ii) any immediate adult family members of the child;
1009 (iii) legal counsel for the parties involved;
1010 (iv) the local mental health authority or the local mental health authority's designee;
1011 and
1012 (v) any other persons designated by the juvenile court.
1013 (b) The notice shall advise the persons described in Subsection (4)(a) that a hearing
1014 may be held within the time provided by law.
1015 [
1016 physical custody of a local mental health authority if, upon completion of [
1017 consideration of the record, the juvenile court finds by clear and convincing evidence that[
1018 child meets the criteria described in Subsection 62A-15-703(6)(a).
1019 [
1020 [
1021 [
1022
1023 [
1024 [
1025 [
1026 the Utah State Hospital.
1027 [
1028 (a) conduct periodic reviews of [
1029
1030
1031
1032 physical custody of the local mental health authority under this section; and
1033 (b) release a child from commitment who no longer meets the criteria described in
1034 Subsection 62A-15-703(6)(a).
1035 [
1036 [
1037
1038 designee, shall give the juvenile court written notice of the intention to release the child not
1039 fewer than five days before the day on which the child is scheduled to be released.
1040 Section 10. Section 78A-6-103 is amended to read:
1041 78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions --
1042 Findings -- Transfer of a case from another court.
1043 (1) Except as otherwise provided by Subsections 78A-5-102(9), 78A-5-102(10), and
1044 78A-7-106(2), the juvenile court has original jurisdiction over:
1045 (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
1046 state, or federal law, that was committed by a child; and
1047 (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
1048 state, or federal law, that was committed by an individual:
1049 (i) who is under 21 years old at the time of all court proceedings; and
1050 (ii) who was under 18 years old at the time the offense was committed.
1051 (2) The juvenile court has original jurisdiction over any proceeding concerning:
1052 (a) a child who is an abused child, neglected child, or dependent child;
1053 (b) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, Child
1054 Protective Orders;
1055 (c) the appointment of a guardian of the individual or other guardian of a minor who
1056 comes within the court's jurisdiction under other provisions of this section;
1057 (d) the emancipation of a minor in accordance with Title 80, Chapter 7, Emancipation;
1058 (e) the termination of parental rights in accordance with Title 80, Chapter 4,
1059 Termination and Restoration of Parental Rights, including termination of residual parental
1060 rights and duties;
1061 (f) the treatment or commitment of a minor who has an intellectual disability;
1062 (g) the judicial consent to the marriage of a minor who is 16 or 17 years old in
1063 accordance with Section 30-1-9;
1064 (h) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
1065 (i) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
1066 (j) the treatment or commitment of a child with a mental illness;
1067 [
1068
1069 [
1070 6, Part 4, Competency;
1071 [
1072 proceeding as provided in Section 63G-4-402;
1073 [
1074 78B, Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered an order
1075 terminating the rights of a parent and finds that adoption is in the best interest of the child;
1076 [
1077 Division of Juvenile Justice Services if, despite earnest and persistent efforts by the Division of
1078 Juvenile Justice Services, the child has demonstrated that the child:
1079 (i) is beyond the control of the child's parent, guardian, or custodian to the extent that
1080 the child's behavior or condition endangers the child's own welfare or the welfare of others; or
1081 (ii) has run away from home; and
1082 [
1083 adult alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to
1084 comply with a promise to appear and bring a child to the juvenile court.
1085 (3) It is not necessary for a minor to be adjudicated for an offense or violation of the
1086 law under Section 80-6-701, for the juvenile court to exercise jurisdiction under Subsection
1087 [
1088 (4) This section does not restrict the right of access to the juvenile court by private
1089 agencies or other persons.
1090 (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
1091 arising under Title 80, Chapter 6, Part 5, Transfer to District Court.
1092 (6) The juvenile court has jurisdiction to make a finding of substantiated,
1093 unsubstantiated, or without merit, in accordance with Section 80-3-404.
1094 (7) The juvenile court has jurisdiction over matters transferred to the juvenile court by
1095 another trial court in accordance with Subsection 78A-7-106(4) and Section 80-6-303.
1096 Section 11. Section 78A-6-358 is amended to read:
1097 78A-6-358. Period of effect for a judgment , decree, or order by a juvenile court.
1098 (1) A judgment, order, or decree of the juvenile court is no longer in effect after a
1099 minor is 21 years old, except:
1100 (a) for an order of commitment to the Utah State Developmental Center or to the
1101 custody of the Division of Substance Abuse and Mental Health;
1102 (b) for an adoption under Subsection [
1103 (c) for an order permanently terminating the rights of a parent, guardian, or custodian
1104 under Title 80, Chapter 4, Termination and Restoration of Parental Rights;
1105 (d) for a permanent order of custody and guardianship under Subsection
1106 80-3-405(2)(d);
1107 (e) an order establishing paternity under Subsection 78A-6-104(1)(a)(i); and
1108 (f) as provided in Subsection (2).
1109 (2) If the juvenile court enters a judgment or order for a minor for whom the juvenile
1110 court has extended continuing jurisdiction over the minor's case until the minor is 25 years old
1111 under Section 80-6-605, the juvenile court's judgment or order is no longer in effect after the
1112 minor is 25 years old.
1113 Section 12. Section 78B-6-105 is amended to read:
1114 78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction
1115 over nonresidents -- Time for filing.
1116 (1) An adoption proceeding shall be commenced by filing a petition in:
1117 (a) the district court in the district where the prospective adoptive parent resides;
1118 (b) if the prospective adoptive parent is not a resident of this state, the district court in
1119 the district where:
1120 (i) the adoptee was born;
1121 (ii) the adoptee resides on the day on which the petition is filed; or
1122 (iii) a parent of the proposed adoptee resides on the day on which the petition is filed;
1123 or
1124 (c) the juvenile court as provided in Subsection [
1125 and Section 78A-6-350.
1126 (2) All orders, decrees, agreements, and notices in an adoption proceeding shall be
1127 filed with the clerk of the court where the adoption proceeding is commenced under Subsection
1128 (1).
1129 (3) A petition for adoption:
1130 (a) may be filed before the birth of a child;
1131 (b) may be filed before or after the adoptee is placed in the home of the petitioner for
1132 the purpose of adoption; and
1133 (c) shall be filed no later than 30 days after the day on which the adoptee is placed in
1134 the home of the petitioners for the purpose of adoption, unless:
1135 (i) the time for filing has been extended by the court; or
1136 (ii) the adoption is arranged by a child-placing agency in which case the agency may
1137 extend the filing time.
1138 (4) (a) If a person whose consent for the adoption is required under Section 78B-6-120
1139 or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state
1140 shall confer jurisdiction on the court in proceedings under this chapter as to such absent person,
1141 provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
1142 (b) The notice may not include the name of:
1143 (i) a prospective adoptive parent; or
1144 (ii) an unmarried mother without her consent.
1145 (5) Service of notice described in Subsection (6) shall vest the court with jurisdiction
1146 over the person served in the same manner and to the same extent as if the person served was
1147 served personally within the state.
1148 (6) In the case of service outside the state, service completed not less than five days
1149 before the time set in the notice for appearance of the person served is sufficient to confer
1150 jurisdiction.
1151 (7) Computation of periods of time not otherwise set forth in this section shall be made
1152 in accordance with the Utah Rules of Civil Procedure.
1153 Section 13. Section 80-3-405 is amended to read:
1154 80-3-405. Dispositions after adjudication.
1155 (1) (a) Upon adjudication under Subsection 80-3-402(1), the juvenile court may make
1156 the dispositions described in Subsection (2) at the dispositional hearing.
1157 (2) (a) (i) The juvenile court may vest custody of an abused, neglected, or dependent
1158 minor in the division or any other appropriate person, with or without court-specified child
1159 welfare services, in accordance with the requirements and procedures of this chapter.
1160 (ii) When placing a minor in the custody of the division or any other appropriate
1161 person, the juvenile court:
1162 (A) shall give primary consideration to the welfare of the minor;
1163 (B) shall give due consideration to the rights of the parent or parents concerning the
1164 minor; and
1165 (C) when practicable, may take into consideration the religious preferences of the
1166 minor and of the minor's parents or guardian.
1167 (b) (i) The juvenile court may appoint a guardian for the minor if it appears necessary
1168 in the interest of the minor.
1169 (ii) A guardian appointed under Subsection (2)(b)(i) may be a public or private
1170 institution or agency, but not a nonsecure residential placement provider, in which legal
1171 custody of the minor is vested.
1172 (iii) When placing a minor under the guardianship of an individual or of a private
1173 agency or institution, the juvenile court:
1174 (A) shall give primary consideration to the welfare of the minor; and
1175 (B) when practicable, may take into consideration the religious preferences of the
1176 minor and of the minor's parents or guardian.
1177 (c) The juvenile court may order:
1178 (i) protective supervision;
1179 (ii) family preservation;
1180 (iii) sibling visitation; or
1181 (iv) other services.
1182 (d) (i) If a minor has been placed with an individual or relative as a result of an
1183 adjudication under this chapter, the juvenile court may enter an order of permanent legal
1184 custody and guardianship with the individual or relative of the minor.
1185 (ii) If a juvenile court enters an order of permanent custody and guardianship with an
1186 individual or relative of a minor under Subsection (2)(d)(i), the juvenile court may, in
1187 accordance with Section 78A-6-356, enter an order for child support on behalf of the minor
1188 against the natural parents of the minor.
1189 (iii) An order under this Subsection (2)(d):
1190 (A) shall remain in effect until the minor is 18 years old;
1191 (B) is not subject to review under Section 78A-6-358; and
1192 (C) may be modified by petition or motion as provided in Section 78A-6-357.
1193 (e) The juvenile court may order a child be committed to the physical custody, as
1194 defined in Section 62A-15-701, of a local mental health authority, in accordance with the
1195 procedures and requirements of Title 62A, Chapter 15, Part 7, Commitment of [
1196
1197 Local Mental Health Authority.
1198 (f) (i) If the child has an intellectual disability, the juvenile court may make an order
1199 committing a minor to the Utah State Developmental Center in accordance with Title 62A,
1200 Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with an Intellectual
1201 Disability.
1202 (ii) The juvenile court shall follow the procedure applicable in the district court with
1203 respect to judicial commitments to the Utah State Developmental Center when ordering a
1204 commitment under Subsection (2)(f)(i).
1205 (g) (i) Subject to Subsection 80-1-102(51)(b) and Section 80-3-304, the juvenile court
1206 may order that a minor:
1207 (A) be examined or treated by a mental health therapist, as described in Section
1208 80-3-109; or
1209 (B) receive other special care.
1210 (ii) For purposes of receiving the examination, treatment, or care described in
1211 Subsection (2)(g)(i), the juvenile court may place the minor in a hospital or other suitable
1212 facility that is not secure care or secure detention.
1213 (iii) In determining whether to order the examination, treatment, or care described in
1214 Subsection (2)(g)(i), the juvenile court shall consider:
1215 (A) the desires of the minor;
1216 (B) the desires of the parent or guardian of the minor if the minor is younger than 18
1217 years old; and
1218 (C) whether the potential benefits of the examination, treatment, or care outweigh the
1219 potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
1220 function impairment, or emotional or physical harm resulting from the compulsory nature of
1221 the examination, treatment, or care.
1222 (h) The juvenile court may make other reasonable orders for the best interest of the
1223 minor.
1224 (3) Upon an adjudication under this chapter, the juvenile court may not:
1225 (a) commit a minor solely on the ground of abuse, neglect, or dependency to the
1226 Division of Juvenile Justice Services;
1227 (b) assume the function of developing foster home services; or
1228 (c) vest legal custody of an abused, neglected, or dependent minor in the division to
1229 primarily address the minor's ungovernable or other behavior, mental health, or disability,
1230 unless the division:
1231 (i) engages other relevant divisions within the department that are conducting an
1232 assessment of the minor and the minor's family's needs;
1233 (ii) based on the assessment described in Subsection (3)(c)(i), determines that vesting
1234 custody of the minor in the division is the least restrictive intervention for the minor that meets
1235 the minor's needs; and
1236 (iii) consents to legal custody of the minor being vested in the division.
1237 (4) The juvenile court may combine the dispositions listed in Subsection (2) if
1238 combining the dispositions is permissible and the dispositions are compatible.
1239 Section 14. Section 80-6-402 is amended to read:
1240 80-6-402. Procedure -- Standard.
1241 (1) When a written motion is filed in accordance with Section 80-6-401 raising the
1242 issue of a minor's competency to proceed, or when the juvenile court raises the issue of a
1243 minor's competency to proceed, the juvenile court shall stay all proceedings under this chapter .
1244 (2) (a) If a motion for inquiry is opposed by either party, the juvenile court shall, before
1245 granting or denying the motion, hold a limited hearing solely for the purpose of determining the
1246 sufficiency of the motion.
1247 (b) If the juvenile court finds that the allegations of incompetency raise a bona fide
1248 doubt as to the minor's competency to proceed, the juvenile court shall:
1249 (i) enter an order for an evaluation of the minor's competency to proceed; and
1250 (ii) set a date for a hearing on the issue of the minor's competency.
1251 (3) After the granting of a motion, and before a full competency hearing, the juvenile
1252 court may order the department to evaluate the minor and to report to the juvenile court
1253 concerning the minor's mental condition.
1254 (4) The minor shall be evaluated by a forensic evaluator who:
1255 (a) has experience in juvenile forensic evaluations and juvenile brain development;
1256 (b) if it becomes apparent that the minor is not competent due to an intellectual
1257 disability or related condition, has experience in intellectual disability or related conditions;
1258 and
1259 (c) is not involved in the current treatment of the minor.
1260 (5) The petitioner or other party, as directed by the juvenile court, shall provide all
1261 information and materials relevant to a determination of the minor's competency to the
1262 department within seven days of the juvenile court's order, including:
1263 (a) the motion;
1264 (b) the arrest or incident reports pertaining to the charged offense;
1265 (c) the minor's known delinquency history information;
1266 (d) the minor's probation record relevant to competency;
1267 (e) known prior mental health evaluations and treatments; and
1268 (f) consistent with 20 U.S.C. Sec. 1232g (b)(1)(E)(ii)(I), records pertaining to the
1269 minor's education.
1270 (6) (a) The minor's parent or guardian, the prosecuting attorney, the defense attorney,
1271 and the attorney guardian ad litem, shall cooperate, by executing releases of information when
1272 necessary, in providing the relevant information and materials to the forensic evaluator,
1273 including:
1274 (i) medical records;
1275 (ii) prior mental evaluations; or
1276 (iii) records of diagnosis or treatment of substance abuse disorders.
1277 (b) The minor shall cooperate, by executing a release of information when necessary,
1278 in providing the relevant information and materials to the forensic evaluator regarding records
1279 of diagnosis or treatment of a substance abuse disorder.
1280 (7) (a) In conducting the evaluation and in the report determining if a minor is
1281 competent to proceed, the forensic evaluator shall inform the juvenile court of the forensic
1282 evaluator's opinion whether:
1283 (i) the minor has a present ability to consult with counsel with a reasonable degree of
1284 rational understanding; and
1285 (ii) the minor has a rational as well as factual understanding of the proceedings.
1286 (b) In evaluating the minor, the forensic evaluator shall consider the minor's present
1287 ability to:
1288 (i) understand the charges or allegations against the minor;
1289 (ii) communicate facts, events, and states of mind;
1290 (iii) understand the range of possible penalties associated with the allegations against
1291 the minor;
1292 (iv) engage in reasoned choice of legal strategies and options;
1293 (v) understand the adversarial nature of the proceedings against the minor;
1294 (vi) manifest behavior sufficient to allow the juvenile court to proceed;
1295 (vii) testify relevantly; and
1296 (viii) any other factor determined to be relevant to the forensic evaluator.
1297 (8) (a) The forensic evaluator shall provide an initial report to the juvenile court, the
1298 prosecuting and defense attorneys, and the attorney guardian ad litem, if applicable, within 30
1299 days of the receipt of the juvenile court's order.
1300 (b) If the forensic evaluator informs the juvenile court that additional time is needed,
1301 the juvenile court may grant, taking into consideration the custody status of the minor, up to an
1302 additional 15 days to provide the report to the juvenile court and counsel.
1303 (c) The forensic evaluator must provide the report within 45 days from the receipt of
1304 the juvenile court's order unless, for good cause shown, the juvenile court authorizes an
1305 additional period of time to complete the evaluation and provide the report.
1306 (d) The report shall inform the juvenile court of the forensic evaluator's opinion
1307 concerning the minor's competency.
1308 (9) If the forensic evaluator's opinion is that the minor is not competent to proceed, the
1309 report shall indicate:
1310 (a) the nature of the minor's:
1311 (i) mental illness;
1312 (ii) intellectual disability or related condition; or
1313 (iii) developmental immaturity;
1314 (b) the relationship of the minor's mental illness, intellectual disability, related
1315 condition, or developmental immaturity to the minor's incompetence;
1316 (c) whether there is a substantial likelihood that the minor may attain competency in
1317 the foreseeable future;
1318 (d) the amount of time estimated for the minor to achieve competency if the minor
1319 undergoes competency attainment treatment, including medication;
1320 (e) the sources of information used by the forensic evaluator; and
1321 (f) the basis for clinical findings and opinions.
1322 (10) Any statement made by the minor in the course of any competency evaluation,
1323 whether the evaluation is with or without the consent of the minor, any testimony by the
1324 forensic evaluator based upon any statement, and any other fruits of the statement:
1325 (a) may not be admitted in evidence against the minor in a proceeding under this
1326 chapter except on an issue respecting the mental condition on which the minor has introduced
1327 evidence; and
1328 (b) may be admitted where relevant to a determination of the minor's competency.
1329 (11) Before evaluating the minor, a forensic evaluator shall specifically advise the
1330 minor, and, if reasonably available, the parents or guardian, of the limits of confidentiality as
1331 provided under Subsection (10).
1332 (12) When the report is received, the juvenile court shall set a date for a competency
1333 hearing that shall be held in not less than five and not more than 15 days, unless the juvenile
1334 court enlarges the time for good cause.
1335 (13) (a) A minor shall be presumed competent unless the juvenile court, by a
1336 preponderance of the evidence, finds the minor not competent to proceed.
1337 (b) The burden of proof is upon the proponent of incompetency to proceed.
1338 (14) (a) Following the hearing, the juvenile court shall determine by a preponderance
1339 of evidence whether the minor is:
1340 (i) competent to proceed;
1341 (ii) not competent to proceed with a substantial probability that the minor may attain
1342 competency in the foreseeable future; or
1343 (iii) not competent to proceed without a substantial probability that the minor may
1344 attain competency in the foreseeable future.
1345 (b) If the juvenile court enters a finding described in Subsection (14)(a)(i), the juvenile
1346 court shall proceed with the proceedings in the minor's case.
1347 (c) If the juvenile court enters a finding described in Subsection (14)(a)(ii), the juvenile
1348 court shall proceed in accordance with Section 80-6-403.
1349 (d) (i) If the juvenile court enters a finding described in Subsection (14)(a)(iii), the
1350 juvenile court shall terminate the competency proceeding, dismiss the charges against the
1351 minor without prejudice, and release the minor from any custody order related to the pending
1352 proceeding, unless the prosecutor informs the court that commitment proceedings will be
1353 initiated in accordance with:
1354 (A) Title 62A, Chapter 5, Part 3, Admission to an Intermediate Care Facility for People
1355 with an Intellectual Disability;
1356 (B) if the minor is 18 years old or older, Title 62A, Chapter 15, Part 6, Utah State
1357 Hospital and Other Mental Health Facilities; or
1358 (C) if the minor is a child, Title 62A, Chapter 15, Part 7, Commitment of [
1359
1360 Old to Local Mental Health Authority.
1361 (ii) The commitment proceedings described in Subsection (14)(d)(i) shall be initiated
1362 within seven days after the day on which the juvenile court enters the order under Subsection
1363 (14)(a), unless the court enlarges the time for good cause shown.
1364 (iii) The juvenile court may order the minor to remain in custody until the commitment
1365 proceedings have been concluded.
1366 (15) If the juvenile court finds the minor not competent to proceed, the juvenile court's
1367 order shall contain findings addressing each of the factors in Subsection (7)(b).
1368 Section 15. Section 80-6-403 is amended to read:
1369 80-6-403. Disposition on finding of not competent to proceed -- Subsequent
1370 hearings -- Notice to prosecuting attorneys.
1371 (1) If the juvenile court determines that the minor is not competent to proceed, and
1372 there is a substantial likelihood that the minor may attain competency in the foreseeable future,
1373 the juvenile court shall notify the department of the finding and allow the department 30 days
1374 to develop an attainment plan for the minor.
1375 (2) The attainment plan shall include:
1376 (a) any services or treatment the minor has been or is currently receiving that are
1377 necessary to attain competency;
1378 (b) any additional services or treatment the minor may require to attain competency;
1379 (c) an assessment of the parent, custodian, or guardian's ability to access or provide any
1380 recommended treatment or services;
1381 (d) any special conditions or supervision that may be necessary for the safety of the
1382 minor or others during the attainment period; and
1383 (e) the likelihood that the minor will attain competency and the amount of time likely
1384 required for the minor to attain competency.
1385 (3) The department shall provide the attainment plan to the juvenile court, the
1386 prosecuting attorney, the defense attorney, and the attorney guardian ad litem at least three days
1387 before the competency disposition hearing.
1388 (4) (a) During the attainment period, the minor shall remain in the least restrictive
1389 appropriate setting.
1390 (b) A finding of not competent to proceed does not grant authority for a juvenile court
1391 to place a minor in the custody of a division of the department, or create eligibility for services
1392 from the Division of Services for People With Disabilities.
1393 (c) If the juvenile court orders the minor to be held in detention during the attainment
1394 period, the juvenile court shall make the following findings on the record:
1395 (i) the placement is the least restrictive appropriate setting;
1396 (ii) the placement is in the best interest of the minor;
1397 (iii) the minor will have access to the services and treatment required by the attainment
1398 plan in the placement; and
1399 (iv) the placement is necessary for the safety of the minor or others.
1400 (d) A juvenile court shall terminate an order of detention related to the pending
1401 proceeding for a minor who is not competent to proceed in that matter if:
1402 (i) the most severe allegation against the minor if committed by an adult is a class B
1403 misdemeanor;
1404 (ii) more than 60 days have passed after the day on which the juvenile court
1405 adjudicated the minor not competent to proceed; and
1406 (iii) the minor has not attained competency.
1407 (5) (a) At any time that the minor becomes competent to proceed during the attainment
1408 period, the department shall notify the juvenile court, the prosecuting attorney, the defense
1409 attorney, and the attorney guardian ad litem.
1410 (b) The juvenile court shall hold a hearing with 15 business days of notice from the
1411 department described in Subsection (5)(a).
1412 (6) (a) If at any time during the attainment period the juvenile court finds that there is
1413 not a substantial probability that the minor will attain competency in the foreseeable future, the
1414 juvenile court shall terminate the competency proceeding, dismiss the petition or information
1415 without prejudice , and release the minor from any custody order related to the pending
1416 proceeding, unless the prosecuting attorney or any other individual informs the juvenile court
1417 that commitment proceedings will be initiated in accordance with:
1418 (i) Title 62A Chapter 5, Part 3, Admission to an Intermediate Care Facility for People
1419 with an Intellectual Disability;
1420 (ii) if the minor is 18 years old or older, Title 62A, Chapter 15, Part 6, Utah State
1421 Hospital and Other Mental Health Facilities; or
1422 (iii) if the minor is a child, Title 62A, Chapter 15, Part 7, Commitment of [
1423
1424 Old to Local Mental Health Authority.
1425 (b) The prosecuting attorney shall initiate the proceedings described in Subsection
1426 (6)(a) within seven days after the juvenile court's order, unless the juvenile court enlarges the
1427 time for good cause shown.
1428 (7) During the attainment period, the juvenile court may order a hearing or rehearing at
1429 anytime on the juvenile court's own motion or upon recommendation of any interested party or
1430 the department.
1431 (8) (a) Within three months of the juvenile court's approval of the attainment plan, the
1432 department shall provide a report on the minor's progress towards competence.
1433 (b) The report described in Subsection (8)(a) shall address the minor's:
1434 (i) compliance with the attainment plan;
1435 (ii) progress towards competency based on the issues identified in the original
1436 competency evaluation; and
1437 (iii) current mental illness, intellectual disability or related condition, or developmental
1438 immaturity, and need for treatment, if any, and whether there is substantial likelihood of the
1439 minor attaining competency within six months.
1440 (9) (a) Within 30 days of receipt of the report, the juvenile court shall hold a hearing to
1441 determine the minor's current status.
1442 (b) At the hearing, the burden of proving the minor is competent is on the proponent of
1443 competency.
1444 (c) The juvenile court shall determine by a preponderance of the evidence whether the
1445 minor is competent to proceed.
1446 (10) If the minor has not attained competency after the initial three month attainment
1447 period but is showing reasonable progress towards attainment of competency, the juvenile
1448 court may extend the attainment period up to an additional three months.
1449 (11) The department shall provide an updated juvenile competency evaluation at the
1450 conclusion of the six month attainment period to advise the juvenile court on the minor's
1451 current competency status.
1452 (12) If the minor does not attain competency within six months after the juvenile court
1453 initially finds the minor not competent to proceed, the court shall terminate the competency
1454 proceedings and dismiss the petition or information filed without prejudice, unless good cause
1455 is shown that there is a substantial likelihood the minor will attain competency within one year
1456 from the initial finding of not competent to proceed.
1457 (13) In the event a minor has an unauthorized leave lasting more than 24 hours, the
1458 attainment period shall toll until the minor returns.
1459 Section 16. Section 80-6-706 is amended to read:
1460 80-6-706. Treatment -- Commitment to local mental health authority or Utah
1461 State Developmental Center.
1462 (1) If a minor is adjudicated under Section 80-6-701, the juvenile court may order:
1463 (a) a nonresidential, diagnostic assessment for the minor, including a risk assessment
1464 for substance use disorder, mental health, psychological, or sexual behavior;
1465 (b) the minor to be examined or treated by a physician, surgeon, psychiatrist, or
1466 psychologist; or
1467 (c) other care for the minor.
1468 (2) For purposes of receiving the examination, treatment, or care described in
1469 Subsection (1), the juvenile court may place the minor in a hospital or other suitable facility
1470 that is not secure care or secure detention.
1471 (3) In determining whether to order the examination, treatment, or care described in
1472 Subsection (1), the juvenile court shall consider:
1473 (a) the desires of the minor;
1474 (b) if the minor is a child, the desires of the minor's parent or guardian; and
1475 (c) whether the potential benefits of the examination, treatment, or care outweigh the
1476 potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
1477 function impairment, or emotional or physical harm resulting from the compulsory nature of
1478 the examination, treatment, or care.
1479 (4) (a) If the juvenile court orders examination, treatment, or care for a child under
1480 Subsection (1) and the child is committed to the division under Subsection 80-6-703(2), the
1481 division shall:
1482 (i) take reasonable measures to notify the child's parent or guardian of any
1483 non-emergency health treatment or care scheduled for the child;
1484 (ii) include the child's parent or guardian as fully as possible in making health care
1485 decisions for the child; and
1486 (iii) defer to the child's parent's or guardian's reasonable and informed decisions
1487 regarding the child's health care to the extent that the child's health and well-being are not
1488 unreasonably compromised by the parent's or guardian's decision.
1489 (b) The division shall notify the parent or guardian of a child within five business days
1490 after a child committed to the division receives emergency health care or treatment.
1491 (c) The division shall use the least restrictive means to accomplish the care and
1492 treatment of a child described under Subsection (1).
1493 (5) If a child is adjudicated for an offense under Section 80-6-701, the juvenile court
1494 may commit the child to the physical custody, as defined in Section 62A-15-701, of a local
1495 mental health authority in accordance with the procedures and requirements in Title 62A,
1496 Chapter 15, Part 7, Commitment of [
1497
1498 (6) (a) If a minor is adjudicated for an offense under Section 80-6-701, and the minor
1499 has an intellectual disability, the juvenile court may commit the minor to the Utah State
1500 Developmental Center in accordance with Title 62A, Chapter 5, Part 3, Admission to an
1501 Intermediate Care Facility for People with an Intellectual Disability.
1502 (b) The juvenile court shall follow the procedure applicable in the district courts with
1503 respect to judicial commitments to the Utah State Developmental Center when ordering a
1504 commitment under Subsection (6)(a).
1505 Section 17. Section 80-6-801 is amended to read:
1506 80-6-801. Commitment to local mental health authority or Utah State
1507 Developmental Center.
1508 (1) If a child is committed by the juvenile court to the physical custody, as defined in
1509 Section 62A-15-701, of a local mental health authority, [
1510
1511
1512 Authority, shall govern the commitment and release of the [
1513 (2) If a minor is committed to the Utah State Developmental Center, Title 62A,
1514 Chapter 5, Services for People with Disabilities, shall govern the commitment and release of
1515 the minor.
1516 Section 18. Repealer.
1517 This bill repeals:
1518 Section 62A-15-301, Commitment of minor to secure drug or alcohol facility or
1519 program -- Procedures -- Review.
1520 Section 62A-15-702, Treatment and commitment of minors in the public mental
1521 health system.