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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to juvenile justice.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ clarifies requirements regarding the collection of a DNA specimen from a minor
14 adjudicated by the juvenile court;
15 ▸ allows the Division of Juvenile Justice Services to manage accounts and finances
16 for minors in the custody of the Division of Juvenile Justice Services;
17 ▸ provides that a minor may not be placed in a correctional facility that is intended to
18 hold adults accused or convicted of offenses as an alternative to detention;
19 ▸ provides a time period in which an agency is required to send an affidavit to an
20 individual who is the subject of an expungement order by the juvenile court; 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 53-10-403, as last amended by Laws of Utah 2023, Chapters 328, 457
29 53-10-403.5, as last amended by Laws of Utah 2023, Chapters 184, 500
30 53-10-404, as last amended by Laws of Utah 2021, Chapter 262
31 53-10-406, as last amended by Laws of Utah 2022, Chapter 113
32 78A-6-353, as renumbered and amended by Laws of Utah 2021, Chapter 261
33 80-1-102, as last amended by Laws of Utah 2023, Chapter 330
34 80-5-202, as last amended by Laws of Utah 2023, Chapter 139
35 80-6-205, as last amended by Laws of Utah 2022, Chapter 155
36 80-6-608, as last amended by Laws of Utah 2023, Chapter 330
37 80-6-704, as enacted by Laws of Utah 2021, Chapter 261
38 80-6-1006.1, as enacted by Laws of Utah 2023, Chapter 115
39 ENACTS:
40 80-5-304, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 53-10-403 is amended to read:
44 53-10-403. DNA specimen analysis -- Application to offenders, including minors.
45 (1) Sections 53-10-403.6, 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to
46 [
47 (a) a person who has pled guilty to or has been convicted of any of the offenses under
48 Subsection (2)(a) or (b) on or after July 1, 2002;
49 (b) a person who has pled guilty to or has been convicted by any other state or by the
50 United States government of an offense which if committed in this state would be punishable
51 as one or more of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
52 (c) a person who has been booked on or after January 1, 2011, through December 31,
53 2014, for any offense under Subsection (2)(c);
54 (d) a person who has been booked:
55 (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
56 2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
57 (ii) on or after January 1, 2015, for any felony offense; or
58 (e) a minor:
59 (i) (A) who is adjudicated by the juvenile court for an offense described in Subsection
60 (2) that is within the jurisdiction of the juvenile court on or after July 1, 2002; or
61 (B) who is adjudicated by the juvenile court for an offense described in Subsection (2)
62 and is in the legal custody of the Division of Juvenile Justice Services for the offense on or
63 after July 1, 2002; and
64 (ii) who is 14 years old or older at the time of the commission of the offense described
65 in Subsection (2).
66 [
67 (2) Offenses referred to in Subsection (1) are:
68 (a) any felony or class A misdemeanor under the Utah Code;
69 (b) any offense under Subsection (2)(a):
70 (i) for which the court enters a judgment for conviction to a lower degree of offense
71 under Section 76-3-402; or
72 (ii) regarding which the court allows the defendant to enter a plea in abeyance as
73 defined in Section 77-2a-1; or
74 (c) (i) any violent felony as defined in Section 53-10-403.5;
75 (ii) sale or use of body parts, Section 26B-8-315;
76 (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
77 (iv) operating a motor vehicle with any amount of a controlled substance in an
78 individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
79 Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
80 (v) a felony violation of enticing a minor, Section 76-4-401;
81 (vi) negligently operating a vehicle resulting in injury, Subsection 76-5-102.1(2)(b);
82 (vii) a felony violation of propelling a substance or object at a correctional officer, a
83 peace officer, or an employee or a volunteer, including health care providers, Section
84 76-5-102.6;
85 (viii) negligently operating a vehicle resulting in death, Subsection 76-5-207(2)(b);
86 (ix) aggravated human trafficking, Section 76-5-310, and aggravated human
87 smuggling, Section 76-5-310.1;
88 (x) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
89 (xi) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
90 (xii) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
91 (xiii) sale of a child, Section 76-7-203;
92 (xiv) aggravated escape, Subsection 76-8-309(2);
93 (xv) a felony violation of assault on an elected official, Section 76-8-315;
94 (xvi) influencing, impeding, or retaliating against a judge or member of the Board of
95 Pardons and Parole, Section 76-8-316;
96 (xvii) advocating criminal syndicalism or sabotage, Section 76-8-902;
97 (xviii) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
98 (xix) a felony violation of sexual battery, Section 76-9-702.1;
99 (xx) a felony violation of lewdness involving a child, Section 76-9-702.5;
100 (xxi) a felony violation of abuse or desecration of a dead human body, Section
101 76-9-704;
102 (xxii) manufacture, possession, sale, or use of a weapon of mass destruction, Section
103 76-10-402;
104 (xxiii) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
105 Section 76-10-403;
106 (xxiv) possession of a concealed firearm in the commission of a violent felony,
107 Subsection 76-10-504(4);
108 (xxv) assault with the intent to commit bus hijacking with a dangerous weapon,
109 Subsection 76-10-1504(3);
110 (xxvi) commercial obstruction, Subsection 76-10-2402(2);
111 (xxvii) a felony violation of failure to register as a sex or kidnap offender, Section
112 77-41-107;
113 (xxviii) repeat violation of a protective order, Subsection 77-36-1.1(4); or
114 (xxix) violation of condition for release after arrest under Section 78B-7-802.
115 [
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118 [
119
120 [
121
122 Section 2. Section 53-10-403.5 is amended to read:
123 53-10-403.5. Definitions.
124 As used in this section and Sections 53-10-403, 53-10-403.7, 53-10-404, 53-10-404.5,
125 53-10-405, and 53-10-406:
126 (1) "Adjudication" means the same as that term is defined in Section 80-1-102.
127 [
128 [
129 the Federal Bureau of Investigation to support criminal justice DNA databases and the software
130 used to run the databases.
131 [
132 (a) a verdict or conviction;
133 (b) a plea of guilty or guilty with a mental condition;
134 (c) a plea of no contest; or
135 (d) the acceptance by the court of a plea in abeyance.
136 [
137 [
138 individual.
139 [
140 individual or a crime scene, or that is collected as part of an investigation.
141 [
142 concerning which all appellate remedies have been exhausted or the time for appeal has
143 expired.
144 (9) "Minor" means the same as that term is defined in Section 80-1-102.
145 [
146 profile.
147 [
148 Section 3. Section 53-10-404 is amended to read:
149 53-10-404. DNA specimen analysis -- Requirement to obtain the specimen.
150 (1) As used in this section, "person" [
151
152 (2) (a) A person under Section 53-10-403 or any person required to register as a sex
153 offender under Title 77, Chapter 41, Sex and Kidnap Offender Registry, shall provide a DNA
154 specimen and shall reimburse the agency responsible for obtaining the DNA specimen $150 for
155 the cost of obtaining the DNA specimen unless:
156 (i) the person was booked under Section 53-10-403 and is not required to reimburse the
157 agency under Section 53-10-404.5; or
158 (ii) the agency determines the person lacks the ability to pay.
159 (b) (i) (A) The responsible agencies shall establish guidelines and procedures for
160 determining if the person is able to pay the fee.
161 (B) An agency's implementation of Subsection (2)(b)(i) meets an agency's obligation to
162 determine an inmate's ability to pay.
163 (ii) An agency's guidelines and procedures may provide for the assessment of $150 on
164 the inmate's county trust fund account and may allow a negative balance in the account until
165 the $150 is paid in full.
166 (3) (a) (i) All fees collected under Subsection (2) shall be deposited in the DNA
167 Specimen Restricted Account created in Section 53-10-407, except that the agency collecting
168 the fee may retain not more than $25 per individual specimen for the costs of obtaining the
169 saliva DNA specimen.
170 (ii) The agency collecting the $150 fee may not retain from each separate fee more than
171 $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
172 (b) The responsible agency shall determine the method of collecting the DNA
173 specimen. Unless the responsible agency determines there are substantial reasons for using a
174 different method of collection or the person refuses to cooperate with the collection, the
175 preferred method of collection shall be obtaining a saliva specimen.
176 (c) The responsible agency may use reasonable force, as established by its guidelines
177 and procedures, to collect the DNA sample if the person refuses to cooperate with the
178 collection.
179 (d) If the judgment places the person on probation, the person shall submit to the
180 obtaining of a DNA specimen as a condition of the probation.
181 (e) (i) Under this section a person is required to provide one DNA specimen and pay
182 the collection fee as required under this section.
183 (ii) The person shall provide an additional DNA specimen only if the DNA specimen
184 previously provided is not adequate for analysis.
185 (iii) The collection fee is not imposed for a second or subsequent DNA specimen
186 collected under this section.
187 (f) Any agency that is authorized to obtain a DNA specimen under this part may collect
188 any outstanding amount of a fee due under this section from any person who owes any portion
189 of the fee and deposit the amount in the DNA Specimen Restricted Account created in Section
190 53-10-407.
191 (4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon as
192 possible and transferred to the Department of Public Safety:
193 (i) after a conviction or [
194 (ii) on and after January 1, 2011, through December 31, 2014, after the booking of a
195 person for any offense under Subsection 53-10-403(1)(c); and
196 (iii) on and after January 1, 2015, after the booking of a person for any felony offense,
197 as provided under Subsection 53-10-403(1)(d)(ii).
198 (b) On and after May 13, 2014, through December 31, 2014, the responsible agency
199 may cause a DNA specimen to be obtained and transferred to the Department of Public Safety
200 after the booking of a person for any felony offense, as provided under Subsection
201 53-10-403(1)(d)(i).
202 (c) If notified by the Department of Public Safety that a DNA specimen is not adequate
203 for analysis, the agency shall, as soon as possible:
204 (i) obtain and transmit an additional DNA specimen; or
205 (ii) request that another agency that has direct access to the person and that is
206 authorized to collect DNA specimens under this section collect the necessary second DNA
207 specimen and transmit it to the Department of Public Safety.
208 (d) Each agency that is responsible for collecting DNA specimens under this section
209 shall establish:
210 (i) a tracking procedure to record the handling and transfer of each DNA specimen it
211 obtains; and
212 (ii) a procedure to account for the management of all fees it collects under this section.
213 (5) (a) The Department of Corrections is the responsible agency whenever the person is
214 committed to the custody of or is under the supervision of the Department of Corrections.
215 [
216
217
218
219 (b) If a minor described in Subsection 53-10-403(3) is not committed to the legal
220 custody of the Division of Juvenile Justice Services upon an adjudication, the juvenile court is
221 the responsible agency regarding the collection of a DNA specimen from the minor.
222 (c) If a minor described in Subsection 53-10-403(3) is committed to the legal custody
223 of the Division of Juvenile Justice Services upon an adjudication, the Division of Juvenile
224 Justice Services is the responsible agency regarding the collection of a DNA specimen from the
225 minor.
226 [
227 collection of DNA specimens from persons who:
228 (i) have pled guilty to or have been convicted of an offense listed under Subsection
229 53-10-403(2) but who have not been committed to the custody of or are not under the
230 supervision of the Department of Corrections;
231 (ii) are incarcerated in the county jail:
232 (A) as a condition of probation for a felony offense; or
233 (B) for a misdemeanor offense for which collection of a DNA specimen is required;
234 (iii) on and after January 1, 2011, through May 12, 2014, are booked at the county jail
235 for any offense under Subsection 53-10-403(1)(c)[
236 (iv) are booked at the county jail:
237 (A) by a law enforcement agency that is obtaining a DNA specimen for any felony
238 offense on or after May 13, 2014, through December 31, 2014, under Subsection
239 53-10-404(4)(b); or
240 (B) on or after January 1, 2015, for any felony offense.
241 [
242 (i) designate employees to obtain the saliva DNA specimens required under this
243 section; and
244 (ii) ensure that employees designated to collect the DNA specimens receive appropriate
245 training and that the specimens are obtained in accordance with generally accepted protocol.
246 (6) (a) As used in this Subsection (6), "department" means the Department of
247 Corrections.
248 (b) Priority of obtaining DNA specimens by the department is:
249 (i) first, to obtain DNA specimens of persons who as of July 1, 2002, are in the custody
250 of or under the supervision of the department before these persons are released from
251 incarceration, parole, or probation, if their release date is prior to that of persons under
252 Subsection (6)(b)(ii), but in no case later than July 1, 2004; and
253 (ii) second, the department shall obtain DNA specimens from persons who are
254 committed to the custody of the department or who are placed under the supervision of the
255 department after July 1, 2002, within 120 days after the commitment, if possible, but not later
256 than prior to release from incarceration if the person is imprisoned, or prior to the termination
257 of probation if the person is placed on probation.
258 (c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)
259 is:
260 (i) first, persons on probation;
261 (ii) second, persons on parole; and
262 (iii) third, incarcerated persons.
263 (d) Implementation of the schedule of priority under Subsection (6)(c) is subject to the
264 priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains DNA
265 specimens from persons in the custody of or under the supervision of the Department of
266 Corrections as of July 1, 2002, prior to their release.
267 (7) (a) As used in this Subsection (7):
268 (i) "Court" means the juvenile court.
269 (ii) "Division" means the Division of Juvenile Justice Services.
270 (b) Priority of obtaining DNA specimens by the court from minors under Section
271 53-10-403 whose cases are under the jurisdiction of the court but who are not in the legal
272 custody of the division shall be:
273 (i) first, to obtain specimens from minors whose cases, as of July 1, 2002, are under the
274 court's jurisdiction, before the court's jurisdiction over the minors' cases terminates; and
275 (ii) second, to obtain specimens from minors whose cases are under the jurisdiction of
276 the court after July 1, 2002, within 120 days of the minor's case being found to be within the
277 court's jurisdiction, if possible, but no later than before the court's jurisdiction over the minor's
278 case terminates.
279 (c) Priority of obtaining DNA specimens by the division from minors under Section
280 53-10-403 who are committed to the legal custody of the division shall be:
281 (i) first, to obtain specimens from minors who as of July 1, 2002, are within the
282 division's legal custody and who have not previously provided a DNA specimen under this
283 section, before termination of the division's legal custody of these minors; and
284 (ii) second, to obtain specimens from minors who are placed in the legal custody of the
285 division after July 1, 2002, within 120 days of the minor's being placed in the custody of the
286 division, if possible, but no later than before the termination of the court's jurisdiction over the
287 minor's case.
288 (8) (a) The Department of Corrections, the juvenile court, the Division of Juvenile
289 Justice Services, and all law enforcement agencies in the state shall by policy establish
290 procedures for obtaining saliva DNA specimens, and shall provide training for employees
291 designated to collect saliva DNA specimens.
292 (b) (i) The department may designate correctional officers, including those employed
293 by the adult probation and parole section of the department, to obtain the saliva DNA
294 specimens required under this section.
295 (ii) The department shall ensure that the designated employees receive appropriate
296 training and that the specimens are obtained in accordance with accepted protocol.
297 (c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405.
298 Section 4. Section 53-10-406 is amended to read:
299 53-10-406. DNA specimen analysis -- Bureau responsibilities.
300 (1) The bureau shall:
301 (a) administer and oversee the DNA specimen collection process;
302 (b) store each DNA specimen and associated records received;
303 (c) analyze each specimen, or contract with a qualified public or private laboratory to
304 analyze the specimen, to establish the genetic profile of the donor or to otherwise determine the
305 identity of the person;
306 (d) maintain a criminal identification database containing information derived from
307 DNA analysis;
308 (e) ensure that the DNA identification system does not provide information allowing
309 prediction of genetic disease or predisposition to illness;
310 (f) ensure that only DNA markers routinely used or accepted in the field of forensic
311 science are used to establish the gender and unique individual identification of the donor;
312 (g) utilize only those DNA analysis procedures that are consistent with, and do not
313 exceed, procedures established and used by the Federal Bureau of Investigation for the forensic
314 analysis of DNA;
315 (h) destroy a DNA specimen obtained under this part if criminal charges have not been
316 filed within 90 days after booking for an alleged offense under Subsection 53-10-403(2)(c);
317 and
318 (i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
319 Rulemaking Act, establishing procedures for obtaining, transmitting, and analyzing DNA
320 specimens and for storing and destroying DNA specimens and associated records, and criminal
321 identification information obtained from the analysis.
322 (2) Procedures for DNA analysis may include all techniques which the department
323 determines are accurate and reliable in establishing identity.
324 (3) (a) In accordance with Section 63G-2-305, each DNA specimen and associated
325 record is classified as protected.
326 (b) The department may not transfer or disclose any DNA specimen, associated record,
327 or criminal identification information obtained, stored, or maintained under this section, except
328 under the provisions of this section.
329 (4) Notwithstanding Subsection 63G-2-202(1), the department may deny inspection if
330 the department determines that there is a reasonable likelihood that the inspection would
331 prejudice a pending criminal investigation.
332 (5) The department shall adopt procedures governing the inspection of records, DNA
333 specimens, and challenges to the accuracy of records. The procedures shall accommodate the
334 need to preserve the materials from contamination and destruction.
335 (6) A person whose DNA specimen is obtained under this part may, personally or
336 through a legal representative, submit:
337 (a) to the court a motion for a court order requiring the destruction of the person's DNA
338 specimen, associated record, and any criminal identification record created in connection with
339 that specimen, and removal of the person's DNA record from the database described in
340 Subsection (1)(d) if:
341 (i) a final judgment reverses the conviction, judgment, or order that created an
342 obligation to provide a DNA specimen; or
343 (ii) all charges arising from the same criminal episode for which the DNA specimen
344 was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final judgment of
345 dismissal with prejudice or acquittal; or
346 (b) to the department a request for the destruction of the person's DNA specimen, and
347 associated record, and removal of the person's DNA record from the database described in
348 Subsection (1)(d) if:
349 (i) no charge arising from the same criminal episode for which the DNA specimen was
350 obtained under Subsection 53-10-404.5(1)(a) is filed against the person within one year after
351 the day on which the person is booked; or
352 (ii) all charges arising from the same criminal episode for which the DNA specimen
353 was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final judgment of
354 dismissal with prejudice or acquittal.
355 (7) A court order issued under Subsection (6)(a) may be accompanied by a written
356 notice to the person advising that state law provides for expungement of criminal charges if the
357 charge is resolved by a final judgment of dismissal or acquittal.
358 (8) The department shall destroy the person's DNA specimen, and associated record,
359 and remove the person's DNA record from the database described in Subsection (1)(d), if:
360 (a) the person provides the department with:
361 (i) a court order for destruction described in Subsection (6)(a), and a certified copy of:
362 (A) the court order reversing the conviction, judgment, or order;
363 (B) a court order to set aside the conviction; or
364 (C) the dismissal or acquittal of the charge regarding which the person was arrested; or
365 (ii) a written request for destruction of the DNA specimen, and associated record, and
366 removal of the DNA record from the database described in Subsection (6)(b), and a certified
367 copy of:
368 (A) a declination to prosecute from the prosecutor; or
369 (B) a court document that indicates all charges have been resolved by a final judgment
370 of dismissal with prejudice or acquittal; and
371 (b) the department determines that the person is not obligated to submit a DNA
372 specimen as a result of a separate conviction or [
373 Subsection 53-10-403(2).
374 (9) The department may not destroy a person's DNA specimen or remove a person's
375 DNA record from the database described in Subsection (1)(d) if the person has a prior
376 conviction or a pending charge for which collection of a sample is authorized in accordance
377 with Section 53-10-404.
378 (10) A DNA specimen, associated record, or criminal identification record created in
379 connection with that specimen may not be affected by an order to set aside a conviction, except
380 under the provisions of this section.
381 (11) If funding is not available for analysis of any of the DNA specimens collected
382 under this part, the bureau shall store the collected specimens until funding is made available
383 for analysis through state or federal funds.
384 (12) (a) (i) A person who, due to the person's employment or authority, has possession
385 of or access to individually identifiable DNA information contained in the state criminal
386 identification database or the state DNA specimen repository may not willfully disclose the
387 information in any manner to any individual, agency, or entity that is not entitled under this
388 part to receive the information.
389 (ii) A person may not willfully obtain individually identifiable DNA information from
390 the state criminal identification database or the state DNA repository other than as authorized
391 by this part.
392 (iii) A person may not willfully analyze a DNA specimen for any purpose, or to obtain
393 any information other than as required under this part.
394 (iv) A person may not willfully fail to destroy or fail to ensure the destruction of a
395 DNA specimen when destruction is required by this part or by court order.
396 (b) (i) A person who violates Subsection (12)(a)(i), (ii), or (iii) is guilty of a third
397 degree felony.
398 (ii) A person who violates Subsection (12)(a)(iv) is guilty of a class B misdemeanor.
399 Section 5. Section 78A-6-353 is amended to read:
400 78A-6-353. Contempt -- Penalty -- Enforcement of fine, fee, or restitution.
401 (1) An individual who willfully violates or refuses to obey any order of the juvenile
402 court may be proceeded against for contempt of court.
403 (2) If a juvenile court finds an individual who is 18 years old or older in contempt of
404 court, the juvenile court may impose sanctions on the individual in accordance with Title 78B,
405 Chapter 6, Part 3, Contempt.
406 (3) [
407 juvenile court finds a child in contempt of court, the juvenile court may:
408 [
409 [
410 Section 80-6-704; or
411 [
412 [
413 Subsection [
414 holidays.
415 [
416 upon compliance with conditions imposed by the juvenile court.
417 [
418 (3)(c) through an order for detention, a community-based program, or secure care.
419 [
420 not hold a child in contempt under this section if the child:
421 (a) is in the legal custody of the Division of Child and Family Services; and
422 (b) is missing, has been abducted, or has run away.
423 Section 6. Section 80-1-102 is amended to read:
424 80-1-102. Juvenile Code definitions.
425 Except as provided in Section 80-6-1103, as used in this title:
426 (1) (a) "Abuse" means:
427 (i) (A) nonaccidental harm of a child;
428 (B) threatened harm of a child;
429 (C) sexual exploitation;
430 (D) sexual abuse; or
431 (E) human trafficking of a child in violation of Section 76-5-308.5; or
432 (ii) that a child's natural parent:
433 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
434 child;
435 (B) is identified by a law enforcement agency as the primary suspect in an investigation
436 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
437 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
438 recklessly causing the death of another parent of the child.
439 (b) "Abuse" does not include:
440 (i) reasonable discipline or management of a child, including withholding privileges;
441 (ii) conduct described in Section 76-2-401; or
442 (iii) the use of reasonable and necessary physical restraint or force on a child:
443 (A) in self-defense;
444 (B) in defense of others;
445 (C) to protect the child; or
446 (D) to remove a weapon in the possession of a child for any of the reasons described in
447 Subsections (1)(b)(iii)(A) through (C).
448 (2) "Abused child" means a child who has been subjected to abuse.
449 [
450
451 [
452
453 (3) (a) "Adjudication" means, except as provided in Subsection (3)(b):
454 (i) for a delinquency petition or criminal information under Chapter 6, Juvenile Justice:
455 (A) a finding by the juvenile court that the facts alleged in a delinquency petition or
456 criminal information alleging that a minor committed an offense have been proved;
457 (B) an admission by a minor in the juvenile court as described in Section 80-6-306; or
458 (C) a plea of no contest by minor in the juvenile court; or
459 (ii) for all other proceedings under this title, a finding by the juvenile court that the
460 facts alleged in the petition have been proved.
461 (b) "Adjudication" does not include:
462 (i) an admission by a minor described in Section 80-6-306 until the juvenile court
463 enters the minor's admission; or
464 (ii) a finding of not competent to proceed in accordance with Section 80-6-402.
465 (4) (a) "Adult" means an individual who is 18 years old or older.
466 (b) "Adult" does not include an individual:
467 (i) who is 18 years old or older; and
468 (ii) who is a minor.
469 (5) "Attorney guardian ad litem" means the same as that term is defined in Section
470 78A-2-801.
471 (6) "Board" means the Board of Juvenile Court Judges.
472 (7) "Child" means, except as provided in Section 80-2-905, an individual who is under
473 18 years old.
474 (8) "Child and family plan" means a written agreement between a child's parents or
475 guardian and the Division of Child and Family Services as described in Section 80-3-307.
476 (9) "Child placing" means the same as that term is defined in Section 26B-2-101.
477 (10) "Child-placing agency" means the same as that term is defined in Section
478 26B-2-101.
479 (11) "Child protection team" means a team consisting of:
480 (a) the child welfare caseworker assigned to the case;
481 (b) if applicable, the child welfare caseworker who made the decision to remove the
482 child;
483 (c) a representative of the school or school district where the child attends school;
484 (d) if applicable, the law enforcement officer who removed the child from the home;
485 (e) a representative of the appropriate Children's Justice Center, if one is established
486 within the county where the child resides;
487 (f) if appropriate, and known to the division, a therapist or counselor who is familiar
488 with the child's circumstances;
489 (g) if appropriate, a representative of law enforcement selected by the chief of police or
490 sheriff in the city or county where the child resides; and
491 (h) any other individuals determined appropriate and necessary by the team coordinator
492 and chair.
493 (12) (a) "Chronic abuse" means repeated or patterned abuse.
494 (b) "Chronic abuse" does not mean an isolated incident of abuse.
495 (13) (a) "Chronic neglect" means repeated or patterned neglect.
496 (b) "Chronic neglect" does not mean an isolated incident of neglect.
497 (14) "Clandestine laboratory operation" means the same as that term is defined in
498 Section 58-37d-3.
499 (15) "Commit" or "committed" means, unless specified otherwise:
500 (a) with respect to a child, to transfer legal custody; and
501 (b) with respect to a minor who is at least 18 years old, to transfer custody.
502 (16) "Community-based program" means a nonsecure residential or nonresidential
503 program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
504 restrictive setting, consistent with public safety, and operated by or under contract with the
505 Division of Juvenile Justice and Youth Services.
506 (17) "Community placement" means placement of a minor in a community-based
507 program described in Section 80-5-402.
508 (18) "Correctional facility" means:
509 (a) a county jail; or
510 (b) a secure correctional facility as defined in Section 64-13-1.
511 (19) "Criminogenic risk factors" means evidence-based factors that are associated with
512 a minor's likelihood of reoffending.
513 (20) "Department" means the Department of Health and Human Services created in
514 Section 26B-1-201.
515 (21) "Dependent child" or "dependency" means a child who is without proper care
516 through no fault of the child's parent, guardian, or custodian.
517 (22) "Deprivation of custody" means transfer of legal custody by the juvenile court
518 from a parent or a previous custodian to another person, agency, or institution.
519 (23) "Detention" means home detention or secure detention.
520 (24) "Detention facility" means a facility, established by the Division of Juvenile
521 Justice and Youth Services in accordance with Section 80-5-501, for minors held in detention.
522 (25) "Detention risk assessment tool" means an evidence-based tool established under
523 Section 80-5-203 that:
524 (a) assesses a minor's risk of failing to appear in court or reoffending before
525 adjudication; and
526 (b) is designed to assist in making a determination of whether a minor shall be held in
527 detention.
528 (26) "Developmental immaturity" means incomplete development in one or more
529 domains that manifests as a functional limitation in the minor's present ability to:
530 (a) consult with counsel with a reasonable degree of rational understanding; and
531 (b) have a rational as well as factual understanding of the proceedings.
532 (27) "Disposition" means an order by a juvenile court, after the adjudication of a
533 minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
534 (28) "Educational neglect" means that, after receiving a notice of compulsory education
535 violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to
536 ensure that the child receives an appropriate education.
537 (29) "Educational series" means an evidence-based instructional series:
538 (a) obtained at a substance abuse program that is approved by the Division of
539 Integrated Healthcare in accordance with Section 26B-5-104; and
540 (b) designed to prevent substance use or the onset of a mental health disorder.
541 (30) "Emancipated" means the same as that term is defined in Section 80-7-102.
542 (31) "Evidence-based" means a program or practice that has had multiple randomized
543 control studies or a meta-analysis demonstrating that the program or practice is effective for a
544 specific population or has been rated as effective by a standardized program evaluation tool.
545 (32) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
546 (33) "Formal probation" means a minor is:
547 (a) supervised in the community by, and reports to, a juvenile probation officer or an
548 agency designated by the juvenile court; and
549 (b) subject to return to the juvenile court in accordance with Section 80-6-607.
550 (34) "Group rehabilitation therapy" means psychological and social counseling of one
551 or more individuals in the group, depending upon the recommendation of the therapist.
552 (35) "Guardian" means a person appointed by a court to make decisions regarding a
553 minor, including the authority to consent to:
554 (a) marriage;
555 (b) enlistment in the armed forces;
556 (c) major medical, surgical, or psychiatric treatment; or
557 (d) legal custody, if legal custody is not vested in another individual, agency, or
558 institution.
559 (36) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
560 (37) "Harm" means:
561 (a) physical or developmental injury or damage;
562 (b) emotional damage that results in a serious impairment in the child's growth,
563 development, behavior, or psychological functioning;
564 (c) sexual abuse; or
565 (d) sexual exploitation.
566 (38) "Home detention" means placement of a minor:
567 (a) if prior to a disposition, in the minor's home, or in a surrogate home with the
568 consent of the minor's parent, guardian, or custodian, under terms and conditions established by
569 the Division of Juvenile Justice and Youth Services or the juvenile court; or
570 (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
571 minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
572 custodian, under terms and conditions established by the Division of Juvenile Justice and
573 Youth Services or the juvenile court.
574 (39) (a) "Incest" means engaging in sexual intercourse with an individual whom the
575 perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
576 nephew, niece, or first cousin.
577 (b) "Incest" includes:
578 (i) blood relationships of the whole or half blood, regardless of whether the
579 relationship is legally recognized;
580 (ii) relationships of parent and child by adoption; and
581 (iii) relationships of stepparent and stepchild while the marriage creating the
582 relationship of a stepparent and stepchild exists.
583 (40) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
584 (41) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
585 (42) "Indigent defense service provider" means the same as that term is defined in
586 Section 78B-22-102.
587 (43) "Indigent defense services" means the same as that term is defined in Section
588 78B-22-102.
589 (44) "Indigent individual" means the same as that term is defined in Section
590 78B-22-102.
591 (45) (a) "Intake probation" means a minor is:
592 (i) monitored by a juvenile probation officer; and
593 (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
594 (b) "Intake probation" does not include formal probation.
595 (46) "Intellectual disability" means a significant subaverage general intellectual
596 functioning existing concurrently with deficits in adaptive behavior that constitutes a
597 substantial limitation to the individual's ability to function in society.
598 (47) "Juvenile offender" means:
599 (a) a serious youth offender; or
600 (b) a youth offender.
601 (48) "Juvenile probation officer" means a probation officer appointed under Section
602 78A-6-205.
603 (49) "Juvenile receiving center" means a nonsecure, nonresidential program established
604 by the Division of Juvenile Justice and Youth Services, or under contract with the Division of
605 Juvenile Justice and Youth Services, that is responsible for minors taken into temporary
606 custody under Section 80-6-201.
607 (50) "Legal custody" means a relationship embodying:
608 (a) the right to physical custody of the minor;
609 (b) the right and duty to protect, train, and discipline the minor;
610 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
611 medical care;
612 (d) the right to determine where and with whom the minor shall live; and
613 (e) the right, in an emergency, to authorize surgery or other extraordinary care.
614 (51) "Licensing Information System" means the Licensing Information System
615 maintained by the Division of Child and Family Services under Section 80-2-1002.
616 (52) "Management Information System" means the Management Information System
617 developed by the Division of Child and Family Services under Section 80-2-1001.
618 (53) "Mental illness" means:
619 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
620 behavioral, or related functioning; or
621 (b) the same as that term is defined in:
622 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
623 published by the American Psychiatric Association; or
624 (ii) the current edition of the International Statistical Classification of Diseases and
625 Related Health Problems.
626 (54) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
627 (a) a child; or
628 (b) an individual:
629 (i) (A) who is at least 18 years old and younger than 21 years old; and
630 (B) for whom the Division of Child and Family Services has been specifically ordered
631 by the juvenile court to provide services because the individual was an abused, neglected, or
632 dependent child or because the individual was adjudicated for an offense;
633 (ii) (A) who is at least 18 years old and younger than 25 years old; and
634 (B) whose case is under the jurisdiction of the juvenile court in accordance with
635 Subsection 78A-6-103(1)(b); or
636 (iii) (A) who is at least 18 years old and younger than 21 years old; and
637 (B) whose case is under the jurisdiction of the juvenile court in accordance with
638 Subsection 78A-6-103(1)(c).
639 (55) "Mobile crisis outreach team" means the same as that term is defined in Section
640 26B-5-101.
641 (56) "Molestation" means that an individual, with the intent to arouse or gratify the
642 sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
643 or the breast of a female child, or takes indecent liberties with a child as defined in Section
644 76-5-401.1.
645 (57) (a) "Natural parent" means, except as provided in Section 80-3-302, a minor's
646 biological or adoptive parent.
647 (b) "Natural parent" includes the minor's noncustodial parent.
648 (58) (a) "Neglect" means action or inaction causing:
649 (i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe
650 Relinquishment of a Newborn Child;
651 (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
652 guardian, or custodian;
653 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
654 subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
655 well-being;
656 (iv) a child to be at risk of being neglected or abused because another child in the same
657 home is neglected or abused;
658 (v) abandonment of a child through an unregulated child custody transfer under Section
659 78B-24-203; or
660 (vi) educational neglect.
661 (b) "Neglect" does not include:
662 (i) a parent or guardian legitimately practicing religious beliefs and who, for that
663 reason, does not provide specified medical treatment for a child;
664 (ii) a health care decision made for a child by the child's parent or guardian, unless the
665 state or other party to a proceeding shows, by clear and convincing evidence, that the health
666 care decision is not reasonable and informed;
667 (iii) a parent or guardian exercising the right described in Section 80-3-304; or
668 (iv) permitting a child, whose basic needs are met and who is of sufficient age and
669 maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
670 including:
671 (A) traveling to and from school, including by walking, running, or bicycling;
672 (B) traveling to and from nearby commercial or recreational facilities;
673 (C) engaging in outdoor play;
674 (D) remaining in a vehicle unattended, except under the conditions described in
675 Subsection 76-10-2202(2);
676 (E) remaining at home unattended; or
677 (F) engaging in a similar independent activity.
678 (59) "Neglected child" means a child who has been subjected to neglect.
679 (60) "Nonjudicial adjustment" means closure of the case by the assigned juvenile
680 probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the
681 consent in writing of:
682 (a) the assigned juvenile probation officer; and
683 (b) (i) the minor; or
684 (ii) the minor and the minor's parent, guardian, or custodian.
685 (61) "Not competent to proceed" means that a minor, due to a mental illness,
686 intellectual disability or related condition, or developmental immaturity, lacks the ability to:
687 (a) understand the nature of the proceedings against the minor or of the potential
688 disposition for the offense charged; or
689 (b) consult with counsel and participate in the proceedings against the minor with a
690 reasonable degree of rational understanding.
691 (62) "Parole" means a conditional release of a juvenile offender from residency in
692 secure care to live outside of secure care under the supervision of the Division of Juvenile
693 Justice and Youth Services, or another person designated by the Division of Juvenile Justice
694 and Youth Services.
695 (63) "Physical abuse" means abuse that results in physical injury or damage to a child.
696 (64) (a) "Probation" means a legal status created by court order, following an
697 adjudication under Section 80-6-701, whereby the minor is permitted to remain in the minor's
698 home under prescribed conditions.
699 (b) "Probation" includes intake probation or formal probation.
700 (65) "Prosecuting attorney" means:
701 (a) the attorney general and any assistant attorney general;
702 (b) any district attorney or deputy district attorney;
703 (c) any county attorney or assistant county attorney; and
704 (d) any other attorney authorized to commence an action on behalf of the state.
705 (66) "Protective custody" means the shelter of a child by the Division of Child and
706 Family Services from the time the child is removed from the home until the earlier of:
707 (a) the day on which the shelter hearing is held under Section 80-3-301; or
708 (b) the day on which the child is returned home.
709 (67) "Protective services" means expedited services that are provided:
710 (a) in response to evidence of neglect, abuse, or dependency of a child;
711 (b) to a cohabitant who is neglecting or abusing a child, in order to:
712 (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
713 causes of neglect or abuse; and
714 (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
715 (c) in cases where the child's welfare is endangered:
716 (i) to bring the situation to the attention of the appropriate juvenile court and law
717 enforcement agency;
718 (ii) to cause a protective order to be issued for the protection of the child, when
719 appropriate; and
720 (iii) to protect the child from the circumstances that endanger the child's welfare
721 including, when appropriate:
722 (A) removal from the child's home;
723 (B) placement in substitute care; and
724 (C) petitioning the court for termination of parental rights.
725 (68) "Protective supervision" means a legal status created by court order, following an
726 adjudication on the ground of abuse, neglect, or dependency, whereby:
727 (a) the minor is permitted to remain in the minor's home; and
728 (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
729 by an agency designated by the juvenile court.
730 (69) (a) "Related condition" means a condition that:
731 (i) is found to be closely related to intellectual disability;
732 (ii) results in impairment of general intellectual functioning or adaptive behavior
733 similar to that of an intellectually disabled individual;
734 (iii) is likely to continue indefinitely; and
735 (iv) constitutes a substantial limitation to the individual's ability to function in society.
736 (b) "Related condition" does not include mental illness, psychiatric impairment, or
737 serious emotional or behavioral disturbance.
738 (70) (a) "Residual parental rights and duties" means the rights and duties remaining
739 with a parent after legal custody or guardianship, or both, have been vested in another person or
740 agency, including:
741 (i) the responsibility for support;
742 (ii) the right to consent to adoption;
743 (iii) the right to determine the child's religious affiliation; and
744 (iv) the right to reasonable parent-time unless restricted by the court.
745 (b) If no guardian has been appointed, "residual parental rights and duties" includes the
746 right to consent to:
747 (i) marriage;
748 (ii) enlistment; and
749 (iii) major medical, surgical, or psychiatric treatment.
750 (71) "Runaway" means a child, other than an emancipated child, who willfully leaves
751 the home of the child's parent or guardian, or the lawfully prescribed residence of the child,
752 without permission.
753 (72) "Secure care" means placement of a minor, who is committed to the Division of
754 Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under
755 contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour
756 supervision and confinement of the minor.
757 (73) "Secure care facility" means a facility, established in accordance with Section
758 80-5-503, for juvenile offenders in secure care.
759 (74) "Secure detention" means temporary care of a minor who requires secure custody
760 in a physically restricting facility operated by, or under contract with, the Division of Juvenile
761 Justice and Youth Services:
762 (a) before disposition of an offense that is alleged to have been committed by the
763 minor; or
764 (b) under Section 80-6-704.
765 (75) "Serious youth offender" means an individual who:
766 (a) is at least 14 years old, but under 25 years old;
767 (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
768 of the juvenile court was extended over the individual's case until the individual was 25 years
769 old in accordance with Section 80-6-605; and
770 (c) is committed by the juvenile court to the Division of Juvenile Justice and Youth
771 Services for secure care under Sections 80-6-703 and 80-6-705.
772 (76) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
773 child.
774 (77) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
775 child.
776 (78) (a) "Severe type of child abuse or neglect" means, except as provided in
777 Subsection (78)(b):
778 (i) if committed by an individual who is 18 years old or older:
779 (A) chronic abuse;
780 (B) severe abuse;
781 (C) sexual abuse;
782 (D) sexual exploitation;
783 (E) abandonment;
784 (F) chronic neglect; or
785 (G) severe neglect; or
786 (ii) if committed by an individual who is under 18 years old:
787 (A) causing serious physical injury, as defined in Subsection 76-5-109(1), to another
788 child that indicates a significant risk to other children; or
789 (B) sexual behavior with or upon another child that indicates a significant risk to other
790 children.
791 (b) "Severe type of child abuse or neglect" does not include:
792 (i) the use of reasonable and necessary physical restraint by an educator in accordance
793 with Subsection 53G-8-302(2) or Section 76-2-401;
794 (ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the
795 use of reasonable and necessary physical restraint or force in self-defense or otherwise
796 appropriate to the circumstances to obtain possession of a weapon or other dangerous object in
797 the possession or under the control of a child or to protect the child or another individual from
798 physical injury; or
799 (iii) a health care decision made for a child by a child's parent or guardian, unless,
800 subject to Subsection (78)(c), the state or other party to the proceeding shows, by clear and
801 convincing evidence, that the health care decision is not reasonable and informed.
802 (c) Subsection (78)(b)(iii) does not prohibit a parent or guardian from exercising the
803 right to obtain a second health care opinion.
804 (79) "Sexual abuse" means:
805 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
806 adult directed towards a child;
807 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
808 committed by a child towards another child if:
809 (i) there is an indication of force or coercion;
810 (ii) the children are related, as described in Subsection (39), including siblings by
811 marriage while the marriage exists or by adoption;
812 (iii) there have been repeated incidents of sexual contact between the two children,
813 unless the children are 14 years old or older; or
814 (iv) there is a disparity in chronological age of four or more years between the two
815 children;
816 (c) engaging in any conduct with a child that would constitute an offense under any of
817 the following, regardless of whether the individual who engages in the conduct is actually
818 charged with, or convicted of, the offense:
819 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
820 alleged perpetrator of an offense described in Section 76-5-401 is a minor;
821 (ii) child bigamy, Section 76-7-101.5;
822 (iii) incest, Section 76-7-102;
823 (iv) lewdness, Section 76-9-702;
824 (v) sexual battery, Section 76-9-702.1;
825 (vi) lewdness involving a child, Section 76-9-702.5; or
826 (vii) voyeurism, Section 76-9-702.7; or
827 (d) subjecting a child to participate in or threatening to subject a child to participate in
828 a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
829 marriage.
830 (80) "Sexual exploitation" means knowingly:
831 (a) employing, using, persuading, inducing, enticing, or coercing any child to:
832 (i) pose in the nude for the purpose of sexual arousal of any individual; or
833 (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
834 filming, recording, or displaying in any way the sexual or simulated sexual conduct;
835 (b) displaying, distributing, possessing for the purpose of distribution, or selling
836 material depicting a child:
837 (i) in the nude, for the purpose of sexual arousal of any individual; or
838 (ii) engaging in sexual or simulated sexual conduct; or
839 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
840 sexual exploitation of a minor, or Section 76-5b-201.1, aggravated sexual exploitation of a
841 minor, regardless of whether the individual who engages in the conduct is actually charged
842 with, or convicted of, the offense.
843 (81) "Shelter" means the temporary care of a child in a physically unrestricted facility
844 pending a disposition or transfer to another jurisdiction.
845 (82) "Shelter facility" means a nonsecure facility that provides shelter for a minor.
846 (83) "Significant risk" means a risk of harm that is determined to be significant in
847 accordance with risk assessment tools and rules established by the Division of Child and
848 Family Services in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
849 Act, that focus on:
850 (a) age;
851 (b) social factors;
852 (c) emotional factors;
853 (d) sexual factors;
854 (e) intellectual factors;
855 (f) family risk factors; and
856 (g) other related considerations.
857 (84) "Single criminal episode" means the same as that term is defined in Section
858 76-1-401.
859 (85) "Status offense" means an offense that would not be an offense but for the age of
860 the offender.
861 (86) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or
862 excessive use of alcohol or other drugs or substances.
863 (87) "Substantiated" or "substantiation" means a judicial finding based on a
864 preponderance of the evidence, and separate consideration of each allegation made or identified
865 in the case, that abuse, neglect, or dependency occurred.
866 (88) "Substitute care" means:
867 (a) the placement of a minor in a family home, group care facility, or other placement
868 outside the minor's own home, either at the request of a parent or other responsible relative, or
869 upon court order, when it is determined that continuation of care in the minor's own home
870 would be contrary to the minor's welfare;
871 (b) services provided for a minor in the protective custody of the Division of Child and
872 Family Services, or a minor in the temporary custody or custody of the Division of Child and
873 Family Services, as those terms are defined in Section 80-2-102; or
874 (c) the licensing and supervision of a substitute care facility.
875 (89) "Supported" means a finding by the Division of Child and Family Services based
876 on the evidence available at the completion of an investigation, and separate consideration of
877 each allegation made or identified during the investigation, that there is a reasonable basis to
878 conclude that abuse, neglect, or dependency occurred.
879 (90) "Termination of parental rights" means the permanent elimination of all parental
880 rights and duties, including residual parental rights and duties, by court order.
881 (91) "Therapist" means:
882 (a) an individual employed by a state division or agency for the purpose of conducting
883 psychological treatment and counseling of a minor in the division's or agency's custody; or
884 (b) any other individual licensed or approved by the state for the purpose of conducting
885 psychological treatment and counseling.
886 (92) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
887 that the child is at an unreasonable risk of harm or neglect.
888 (93) "Ungovernable" means a child in conflict with a parent or guardian, and the
889 conflict:
890 (a) results in behavior that is beyond the control or ability of the child, or the parent or
891 guardian, to manage effectively;
892 (b) poses a threat to the safety or well-being of the child, the child's family, or others;
893 or
894 (c) results in the situations described in Subsections (93)(a) and (b).
895 (94) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
896 conclude that abuse, neglect, or dependency occurred.
897 (95) "Unsupported" means a finding by the Division of Child and Family Services at
898 the completion of an investigation, after the day on which the Division of Child and Family
899 Services concludes the alleged abuse, neglect, or dependency is not without merit, that there is
900 insufficient evidence to conclude that abuse, neglect, or dependency occurred.
901 (96) "Validated risk and needs assessment" means an evidence-based tool that assesses
902 a minor's risk of reoffending and a minor's criminogenic needs.
903 (97) "Without merit" means a finding at the completion of an investigation by the
904 Division of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or
905 dependency did not occur, or that the alleged perpetrator was not responsible for the abuse,
906 neglect, or dependency.
907 (98) "Youth offender" means an individual who is:
908 (a) at least 12 years old, but under 21 years old; and
909 (b) committed by the juvenile court to the Division of Juvenile Justice and Youth
910 Services for secure care under Sections 80-6-703 and 80-6-705.
911 Section 7. Section 80-5-202 is amended to read:
912 80-5-202. Division rulemaking authority -- Reports on sexual assault.
913 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
914 division shall make rules to:
915 (a) establish standards for the admission of a minor to detention;
916 (b) describe good behavior for which credit may be earned under Subsection
917 [
918 (c) establish a formula, in consultation with the Office of the Legislative Fiscal
919 Analyst, to calculate savings from General Fund appropriations under 2017 Laws of Utah,
920 Chapter 330, resulting from the reduction in out-of-home placements for juvenile offenders
921 with the division;
922 (d) establish policies and procedures regarding sexual assaults that occur in detention
923 and secure care facilities; and
924 (e) establish the qualifications and conditions for services provided by the division
925 under Section 80-6-809.
926 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
927 division may make rules:
928 (a) that govern the operation of prevention and early intervention programs, youth
929 service programs, juvenile receiving centers, and other programs described in Section
930 80-5-401; and
931 (b) that govern the operation of detention and secure care facilities.
932 (3) A rule made by the division under Subsection (1)(a):
933 (a) may not permit secure detention based solely on the existence of multiple status
934 offenses, misdemeanors, or infractions arising out of a single criminal episode; and
935 (b) shall prioritize use of home detention for a minor who might otherwise be held in
936 secure detention.
937 (4) The rules described in Subsection (1)(d) shall:
938 (a) require education and training, including:
939 (i) providing to minors detained in secure care and detention facilities, at intake and
940 periodically, easy-to-understand information, which is developed and approved by the division,
941 on sexual assault prevention, treatment, reporting, and counseling in consultation with
942 community groups with expertise in sexual assault prevention, treatment, reporting, and
943 counseling; and
944 (ii) providing training specific to sexual assault to division mental health professionals
945 and all division employees who have direct contact with minors regarding treatment and
946 methods of prevention and investigation;
947 (b) require reporting of any incident of sexual assault, including:
948 (i) ensuring the confidentiality of sexual assault reports from minors and the protection
949 of minors who report sexual assault; and
950 (ii) prohibiting retaliation and disincentives for reporting sexual assault;
951 (c) require safety and care for minors who report sexual assault, including:
952 (i) providing, in situations in which there is reason to believe that a sexual assault has
953 occurred, reasonable and appropriate measures to ensure the minor's safety by separating the
954 minor from the minor's assailant, if known;
955 (ii) providing acute trauma care for minors who report sexual assault, including
956 treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted
957 infections;
958 (iii) providing confidential mental health counseling for minors who report sexual
959 assault, including:
960 (A) access to outside community groups or victim advocates that have expertise in
961 sexual assault counseling; and
962 (B) enabling confidential communication between minors and community groups and
963 victim advocates; and
964 (iv) monitoring minors who report sexual assault for suicidal impulses, post-traumatic
965 stress disorder, depression, and other mental health consequences resulting from the sexual
966 assault;
967 (d) require staff reporting of sexual assault and staff discipline for failure to report or
968 for violating sexual assault policies, including:
969 (i) requiring all division employees to report any knowledge, suspicion, or information
970 regarding an incident of sexual assault to the director or the director's designee;
971 (ii) requiring disciplinary action for a division employee who fails to report as required;
972 and
973 (iii) requiring division employees to be subject to disciplinary sanctions up to and
974 including termination for violating agency sexual assault policies, with termination the
975 presumptive disciplinary sanction for division employees who have engaged in sexual assault,
976 consistent with constitutional due process protections and state personnel laws and rules;
977 (e) require that any report of an incident of sexual assault be referred to the Division of
978 Child and Family Services or a law enforcement agency with jurisdiction over the detention or
979 secure care facility in which the alleged sexual assault occurred; and
980 (f) require data collection and reporting of all incidents of sexual assault from each
981 detention and secure care facility.
982 (5) The division shall annually report the data described in Section (4)(f) to the Law
983 Enforcement and Criminal Justice Interim Committee.
984 Section 8. Section 80-5-304 is enacted to read:
985 80-5-304. Income and finances for minors in the custody of the division.
986 (1) If a minor is committed to the custody of the division, the division may establish:
987 (a) an account for the minor that is administered by the division; or
988 (b) a joint account for the minor and the division at a federally insured financial
989 institution.
990 (2) The division may:
991 (a) collect funds earned or received by a minor; and
992 (b) place the funds earned or received by the minor into an account described in
993 Subsection (1).
994 (3) The division may:
995 (a) only use funds placed in an account described in Subsection (1) for the minor,
996 including using the funds to pay restitution, reparations, fines, alimony, support payments, cost
997 of care, or similar court-ordered payments owed by the minor; and
998 (b) provide the minor with any funds remaining in an account described in Subsection
999 (1) upon the minor's transition and termination from the custody of the division.
1000 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1001 division shall make rules to establish the administration of accounts and finances for minors in
1002 the custody of the division.
1003 Section 9. Section 80-6-205 is amended to read:
1004 80-6-205. Admission to detention -- Alternative to detention -- Rights of a minor
1005 in detention.
1006 (1) If a minor is taken to a detention facility under Section 80-6-203, a designated staff
1007 member of the detention facility shall immediately review the form and determine, based on
1008 the results of the detention risk assessment tool and Subsection (2), whether to:
1009 (a) admit the minor to secure detention;
1010 (b) admit the minor to home detention;
1011 (c) place the minor in [
1012 member may not place the minor in a correctional facility that is intended to hold adults
1013 accused or convicted of offenses as an alternative to detention; or
1014 (d) if the minor is a child, return the minor home upon a written promise by the minor's
1015 parent, guardian, or custodian to bring the minor to the juvenile court at a time set or without
1016 restriction.
1017 (2) [
1018 admit a minor to detention under Subsection (1) unless:
1019 (a) the minor is detainable based on the detention guidelines; or
1020 (b) the minor has been brought to detention in accordance with:
1021 (i) a court order;
1022 (ii) a warrant [
1023 (iii) a division warrant [
1024 (3) If the designated staff member determines to admit a minor to home detention, the
1025 staff member shall notify the juvenile court of that determination.
1026 (4) Even if a minor is eligible for secure detention, a peace officer or other person who
1027 takes a minor to a detention facility, or the designated staff member of the detention facility,
1028 may release a minor to a less restrictive alternative than secure detention.
1029 (5) (a) If a minor taken to a detention facility does not qualify for admission under
1030 detention guidelines or this section, a designated staff member of the detention facility shall
1031 arrange an appropriate alternative, including admitting a minor to a juvenile receiving center or
1032 a shelter facility.
1033 (b) (i) Except as otherwise provided by this section, a minor may not be placed or kept
1034 in secure detention while court proceedings are pending.
1035 (ii) A child may not be placed or kept in a shelter facility while court proceedings are
1036 pending, unless the child is in protective custody in accordance with Chapter 3, Abuse,
1037 Neglect, and Dependency Proceedings.
1038 (6) If a minor is taken into temporary custody and admitted to a secure detention, or
1039 another alternative to detention, a designated staff member of the detention facility shall:
1040 (a) immediately notify the minor's parent, guardian, or custodian; and
1041 (b) promptly notify the juvenile court of the placement.
1042 (7) If a minor is admitted to secure detention, or another alternative to detention,
1043 outside the county of the minor's residence and a juvenile court determines, in a detention
1044 hearing, that secure detention, or an alternative to detention, of the minor shall continue, the
1045 juvenile court shall direct the sheriff of the county of the minor's residence to transport the
1046 minor to secure detention or another alternative to detention in that county.
1047 (8) (a) Subject to Subsection (8)(b), a minor admitted to detention has a right to:
1048 (i) phone the minor's parent, guardian, or attorney immediately after the minor is
1049 admitted to detention; and
1050 (ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or
1051 custodian.
1052 (b) The division may:
1053 (i) establish a schedule for which a minor in detention may visit or phone a person
1054 described in Subsection (8)(a);
1055 (ii) allow a minor in detention to visit or call persons described in Subsection (8)(a) in
1056 special circumstances;
1057 (iii) limit the number and length of calls and visits for a minor in detention to persons
1058 described in Subsection (8)(a) on account of scheduling, facility, or personnel constraints; or
1059 (iv) limit the minor's rights [
1060 reason exists to limit the minor's rights.
1061 (c) A minor admitted to detention shall be immediately advised of the minor's rights
1062 described in this Subsection (8).
1063 Section 10. Section 80-6-608 is amended to read:
1064 80-6-608. When photographs, fingerprints, or HIV infection tests may be taken --
1065 Distribution -- DNA collection -- Reimbursement.
1066 (1) The division shall take a photograph and fingerprints of a minor who is:
1067 (a) 14 years old or older at the time of the alleged commission of an offense that would
1068 be a felony if the minor were 18 years old or older; and
1069 (b) admitted to a detention facility for the alleged commission of the offense.
1070 (2) The juvenile court shall order a minor who is 14 years old or older at the time that
1071 the minor is alleged to have committed an offense described in Subsection (2)(a) or (b) to have
1072 the minor's fingerprints taken at a detention facility or a local law enforcement agency if the
1073 minor is:
1074 (a) adjudicated for an offense that would be a class A misdemeanor if the minor were
1075 18 years old or older; or
1076 (b) adjudicated for an offense that would be a felony if the minor were 18 years old or
1077 older and the minor was not admitted to a detention facility.
1078 (3) The juvenile court shall take a photograph of a minor who is:
1079 (a) 14 years old or older at the time the minor was alleged to have committed an
1080 offense that would be a felony or a class A misdemeanor if the minor were 18 years old or
1081 older; and
1082 (b) adjudicated for the offense described in Subsection (3)(a).
1083 (4) If a minor's fingerprints are taken under this section, the minor's fingerprints shall
1084 be forwarded to the Bureau of Criminal Identification and may be stored by electronic medium.
1085 (5) HIV testing shall be conducted on a minor who is taken into custody after having
1086 been adjudicated for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, upon
1087 the request of:
1088 (a) the victim;
1089 (b) the parent or guardian of a victim who is younger than 14 years old; or
1090 (c) the guardian of the alleged victim if the victim is a vulnerable adult as defined in
1091 Section 26B-6-201.
1092 (6) HIV testing shall be conducted on a minor against whom a petition has been filed
1093 or a pickup order has been issued for the commission of any offense under Title 76, Chapter 5,
1094 Part 4, Sexual Offenses:
1095 (a) upon the request of:
1096 (i) the victim;
1097 (ii) the parent or guardian of a victim who is younger than 14 years old; or
1098 (iii) the guardian of the alleged victim if the victim is a vulnerable adult as defined in
1099 Section 26B-6-201; and
1100 (b) in which:
1101 (i) the juvenile court has signed an accompanying arrest warrant, pickup order, or any
1102 other order based upon probable cause regarding the alleged offense; and
1103 (ii) the juvenile court has found probable cause to believe that the alleged victim has
1104 been exposed to HIV infection as a result of the alleged offense.
1105 (7) HIV tests, photographs, and fingerprints may not be taken of a child who is younger
1106 than 14 years old without the consent of the juvenile court.
1107 (8) (a) Photographs taken under this section may be distributed or disbursed to:
1108 (i) state and local law enforcement agencies;
1109 (ii) the judiciary; and
1110 (iii) the division.
1111 (b) Fingerprints may be distributed or disbursed to:
1112 (i) state and local law enforcement agencies;
1113 (ii) the judiciary;
1114 (iii) the division; and
1115 (iv) agencies participating in the Western Identification Network.
1116 (9) (a) A DNA specimen shall be obtained from a minor who is [
1117
1118 as described in Subsection 53-10-403(1)(e).
1119 (b) The DNA specimen shall be obtained, in accordance with Subsection 53-10-404(4),
1120 by:
1121 (i) designated employees of the juvenile court; or
1122 (ii) if the minor is committed to the division, designated employees of the division.
1123 (c) The responsible agency under Subsection (9)(b) shall ensure that an employee
1124 designated to collect the saliva DNA specimens receives appropriate training and that the
1125 specimens are obtained in accordance with accepted protocol.
1126 (d) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the
1127 DNA Specimen Restricted Account created in Section 53-10-407.
1128 (e) Payment of the reimbursement is second in priority to payments the minor is
1129 ordered to make for restitution under Section 80-6-710 and for treatment ordered under Section
1130 80-3-403.
1131 Section 11. Section 80-6-704 is amended to read:
1132 80-6-704. Detention or alternative to detention -- Limitations.
1133 (1) (a) The juvenile court may order a minor to detention, or an alternative to detention,
1134 if the minor is adjudicated for:
1135 (i) an offense under Section 80-6-701; or
1136 (ii) contempt of court under Section 78A-6-353.
1137 (b) Except as provided in Subsection [
1138 juvenile court retaining continuing jurisdiction over a minor's case, the juvenile court may
1139 order a minor to detention, or an alternative to detention, under Subsection [
1140 period not to exceed 30 cumulative days for an adjudication.
1141 (c) If a minor is held in detention before an adjudication, the time spent in detention
1142 before the adjudication shall be credited toward the 30 cumulative days eligible as a disposition
1143 under Subsection [
1144 (d) If a minor spent more than 30 days in detention before a disposition [
1145
1146 (2) An order for detention under Subsection (1) may not be suspended upon conditions
1147 ordered by the juvenile court.
1148 (3) A juvenile court may not order a minor to detention for:
1149 (a) contempt of court, except to the extent permitted under Section 78A-6-353;
1150 (b) a violation of probation;
1151 (c) failure to pay a fine, fee, restitution, or other financial obligation;
1152 (d) unfinished compensatory or community service hours;
1153 (e) an infraction; or
1154 (f) a status offense.
1155 (4) A juvenile court may not order a minor be placed in a correctional facility that is
1156 intended to hold adults accused or convicted of offenses as an alternative to detention under
1157 Subsection (1).
1158 [
1159 receive credit for good behavior against the period of detention.
1160 (b) The rate of credit is one day of credit for good behavior for every three days spent
1161 in detention.
1162 [
1163 juvenile court:
1164 (i) under Chapter 3, Abuse, Neglect, and Dependency Proceedings; or
1165 (ii) except as provided in Subsection [
1166 (b) If a minor is awaiting placement by the division under Section 80-6-703, a minor
1167 may not be held in secure detention for longer than 72 hours, excluding weekends and
1168 holidays.
1169 (c) The period of detention under Subsection [
1170 juvenile court for a cumulative total of seven calendar days if:
1171 (i) the division, or another agency responsible for placement, files a written petition
1172 with the juvenile court requesting the extension and setting forth good cause; and
1173 (ii) the juvenile court enters a written finding that it is in the best interests of both the
1174 minor and the community to extend the period of detention.
1175 (d) The juvenile court may extend the period of detention beyond the seven calendar
1176 days if the juvenile court finds, by clear and convincing evidence, that:
1177 (i) the division, or another agency responsible for placement, does not have space for
1178 the minor; and
1179 (ii) the safety of the minor and community requires an extension of the period of
1180 detention.
1181 (e) The division, or the agency with custody of the minor, shall report to the juvenile
1182 court every 48 hours, excluding weekends and holidays, regarding whether the division, or
1183 another agency responsible for placement, has space for the minor.
1184 (f) The division, or agency, requesting an extension shall promptly notify the detention
1185 facility that a written petition has been filed.
1186 (g) The juvenile court shall promptly notify the detention facility regarding the juvenile
1187 court's initial disposition and any ruling on a petition for an extension, whether granted or
1188 denied.
1189 Section 12. Section 80-6-1006.1 is amended to read:
1190 80-6-1006.1. Exceptions to expungement order -- Distribution of expungement
1191 order -- Agency duties -- Effect of expungement -- Access to expunged record.
1192 (1) This section applies to an expungement order under Section 80-6-1004.1,
1193 80-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5.
1194 (2) The juvenile court may not order:
1195 (a) the Board of Pardons and Parole and the Department of Corrections to seal a record
1196 in the possession of the Board of Pardons and Parole or the Department of Corrections, except
1197 that the juvenile court may order the Board of Pardons and Parole and the Department of
1198 Corrections to restrict access to a record if the record is specifically identified in the
1199 expungement order as a record in the possession of the Board of Pardons and Parole or the
1200 Department of Corrections; or
1201 (b) the Division of Child and Family Services to expunge a record in an individual's
1202 juvenile record that is contained in the Management Information System or the Licensing
1203 Information System unless:
1204 (i) the record is unsupported; or
1205 (ii) after notice and an opportunity to be heard, the Division of Child and Family
1206 Services stipulates in writing to expunging the record.
1207 (3) (a) If the juvenile court issues an expungement order, the juvenile court shall send a
1208 copy of the expungement order to any affected agency or official identified in the juvenile
1209 record.
1210 (b) An individual who is the subject of an expungement order may deliver copies of the
1211 expungement order to all agencies and officials affected by the expungement order.
1212 (4) (a) Upon receipt of an expungement order, an agency shall:
1213 (i) to avoid destruction or expungement of records in whole or in part, expunge only
1214 the references to the individual's name in the records relating to the individual's adjudication,
1215 nonjudicial adjustment, petition, arrest, investigation, or detention for which expungement is
1216 ordered; and
1217 (ii) destroy all photographs and records created under Section 80-6-608, except that a
1218 record of a minor's fingerprints may not be destroyed by an agency.
1219 (b) [
1220 of an expungement order, the agency shall mail an affidavit to the individual who is the subject
1221 of the expungement order, or the individual's attorney, that the agency has complied with the
1222 expungement order.
1223 (5) Notwithstanding Subsection (4), the Board of Pardons and Parole and the
1224 Department of Corrections:
1225 (a) may not disclose records expunged in an expungement order unless required by
1226 law;
1227 (b) are not required to destroy any photograph or record created under Section
1228 80-6-608;
1229 (c) may use an expunged record for purposes related to incarceration and supervision
1230 of an individual under the jurisdiction of the Board of Pardons and Parole, including for the
1231 purpose of making decisions about:
1232 (i) the treatment and programming of the individual;
1233 (ii) housing of the individual;
1234 (iii) applicable guidelines regarding the individual; or
1235 (iv) supervision conditions for the individual;
1236 (d) are not prohibited from disclosing or sharing any information in an expunged
1237 record with another agency that uses the same record management system as the Board of
1238 Pardons and Parole or the Department of Corrections; and
1239 (e) are not required to mail an affidavit under Subsection (4)(b).
1240 (6) Upon entry of an expungement order:
1241 (a) an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a
1242 detention for which the record is expunged is considered to have never occurred; and
1243 (b) the individual, who is the subject of the expungement order, may reply to an inquiry
1244 on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition,
1245 an arrest, an investigation, or a detention.
1246 (7) A record expunged under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3,
1247 80-6-1004.4, or 80-6-1004.5 may be released to, or viewed by, the individual who is the subject
1248 of the record.
1249 Section 13. Effective date.
1250 This bill takes effect on May 1, 2024.