| (1) |
If a minor is adjudicated for an offense under Section 80-6-701, the juvenile court may order the minor to secure care if the juvenile court finds that:
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Terms Used In Utah Code 80-6-705- Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102
- Group rehabilitation therapy: means psychological and social counseling of one or more individuals in the group, depending upon the recommendation of the therapist. See Utah Code 80-1-102
- Harm: means :
| (a) | physical or developmental injury or damage; |
| (b) | emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning; |
| (d) | sexual exploitation. 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- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Secure care: means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor. See Utah Code 80-1-102
- Status offense: means an offense that would not be an offense but for the age of the offender. See Utah Code 80-1-102
- Therapist: means :
| (a) | an individual employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in the division's or agency's custody; or |
| (b) | any other individual licensed or approved by the state for the purpose of conducting psychological treatment and counseling. See Utah Code 80-1-102- Victim: includes :
| (i) | any person directly harmed by the minor's wrongful act or conduct in the course of the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and |
| (ii) | the Utah Office for Victims of Crime. See Utah Code 80-6-102 |
| (a) |
| (i) |
the minor poses a risk of harm to others; or |
| (ii) |
the minor’s conduct resulted in the victim‘s death; and |
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| (b) |
the minor is adjudicated for:
| (ii) |
a misdemeanor offense if the minor has five prior misdemeanor or felony adjudications arising from separate criminal episodes; or |
| (iii) |
a misdemeanor offense involving use of a dangerous weapon as defined in Section 76-1-101.5. |
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| (2) |
A juvenile court may not order a minor to secure care for:
| (b) |
a violation of probation; |
| (c) |
failure to pay a fine, fee, restitution, or other financial obligation; |
| (d) |
unfinished compensatory or community service hours; |
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| (3) |
The juvenile court may, on the recommendation of the division, order a parent of a minor in secure care to undergo group rehabilitation therapy under the direction of a therapist, who has supervision of the minor in secure care, or any other therapist for a period recommended by the division. |
Amended by Chapter 430, 2022 General Session
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