| (1) |
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Terms Used In Utah Code 80-6-203- 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- Detention: means home detention or secure detention. See Utah Code 80-1-102
- Detention facility: means a facility, established by the Division of Juvenile Justice and Youth Services in accordance with Section 80-5-501, for minors held in detention. See Utah Code 80-1-102
- Detention guidelines: means standards, established by the division in accordance with Subsection 80-5-202(1)(a), for the admission of a minor to detention. See Utah Code 80-6-102
- Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
| (b) | enlistment in the armed forces; |
| (c) | major medical, surgical, or psychiatric treatment; or |
| (d) | legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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- Person: means :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) |
Except as provided in Subsection (3), if a peace officer, or other person, takes a child into temporary custody under Section 80-6-201, the peace officer, or other person, may not take the child into temporary custody for any longer than is reasonably necessary to:
| (i) |
obtain the child’s name, age, residence, and other necessary information; |
| (ii) |
contact the child’s parent, guardian, or custodian; and |
| (iii) |
release the child to the child’s parent, guardian, or custodian. |
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| (b) |
Before a child is released under Subsection (1)(a), the parent, or other person to whom the child is released, shall sign a written promise on forms supplied by the juvenile court to bring the child to the juvenile court at a time set or to be set by the court. |
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| (2) |
Except as provided in Subsection (3), if a peace officer, or other person, takes a minor who is 18 years old or older into temporary custody under Section 80-6-201, the peace officer, or other person, may not take the minor into temporary custody for any longer than is reasonably necessary to obtain the minor’s name, age, residence, and other necessary information. |
| (3) |
| (a) |
A minor may remain in the temporary custody of a peace officer or other person if:
| (i) |
the protection of the community requires the minor’s detention; or |
| (ii) |
a warrant has been issued for the minor’s arrest under Section 80-6-202 or 80-6-806. |
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| (b) |
If a minor remains in temporary custody, the minor shall be taken to a detention facility without unnecessary delay. |
| (c) |
If the peace officer, or other person, takes a minor to a detention facility, the peace officer, or other person, shall promptly file a written report, on a form provided by the division, with the detention facility stating:
| (i) |
the details of the offense that the minor is alleged to have committed; |
| (ii) |
the facts that bring the offense within the jurisdiction of the juvenile court; |
| (iii) |
the reason that the minor was not released by the peace officer or other person; and |
| (iv) |
if the minor is under consideration for detention, the eligibility of the minor for detention under the detention guidelines. |
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Enacted by Chapter 261, 2021 General Session
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