| (1) |
A minor may be taken into temporary custody by a peace officer without a court order, or a warrant under Section 80-6-202, if the peace officer has probable cause to believe that:
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Terms Used In Utah Code 80-6-201- Abuse: means :
| (i) | | (A) | nonaccidental harm of a child; |
| (B) | threatened harm of a child; |
| (E) | human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102- Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
- Arrest: Taking physical custody of a person by lawful authority.
- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
- committed: means , unless specified otherwise:
| (a) | with respect to a child, to transfer legal custody; and |
| (b) | with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102- dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102
- Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102
- Juvenile probation officer: means a probation officer appointed under Section 78A-6-205. See Utah Code 80-1-102
- Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
| (b) | an individual:| (i) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense; |
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| (ii) | | (A) | who is at least 18 years old and younger than 25 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or |
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| (iii) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102- Neglect: means action or inaction causing:
| (i) | abandonment of a child, except as provided in 5; |
| (ii) | lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian; |
| (iii) | failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being; |
| (iv) | a child to be at risk of being neglected or abused because another child in the same home is neglected or abused; |
| (v) | abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or |
| (vi) | educational neglect. See Utah Code 80-1-102- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: includes intake probation or formal probation. See Utah Code 80-1-102
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
| (a) | the day on which the shelter hearing is held under Section 80-3-301; or |
| (b) | the day on which the child is returned home. See Utah Code 80-1-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Temporary custody: means the control and responsibility of a minor, before an adjudication under Section 80-6-701, until the minor is released to a parent, guardian, responsible adult, or to an appropriate agency. See Utah Code 80-6-102
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| (a) |
the minor has committed an offense under municipal, state, or federal law; |
| (b) |
the minor seriously endangers the minor’s own welfare or the welfare of others and taking the minor into temporary custody appears to be necessary for the protection of the minor or others; |
| (c) |
the minor has run away or escaped from the minor’s parents, guardian, or custodian; or |
| (d) |
the minor is:
| (i) |
subject to the state’s compulsory education law; and |
| (ii) |
subject to Section 53G-6-208, absent from school without legitimate or valid excuse. |
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| (2) |
A private citizen may take a minor into temporary custody if under the circumstances the private citizen could make a citizen’s arrest under Section 77-7-3 if the minor was an adult. |
| (3) |
A juvenile probation officer may take a minor into temporary custody:
| (a) |
under the same circumstances as a peace officer in Subsection (1); or |
| (b) |
if the juvenile probation officer has a reasonable suspicion that the minor has violated the conditions of the minor’s probation. |
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| (4) |
| (a) |
Nothing in this part shall be construed to prevent a peace officer or the Division of Child and Family Services from taking a minor into protective custody under Section 80-2a-202 or 80-3-204. |
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Amended by Chapter 335, 2022 General Session
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