Utah Code 80-6-711. Suspending a disposition

80-6-711. Suspending a disposition.

(1)	Except as otherwise provided in Subsection (2), a juvenile court may not suspend a disposition ordered under this part.

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Terms Used In Utah Code 80-6-711

Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. 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

Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section 80-3-405 or 80-4-305 or 7. 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

Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:

(a)	a child; or

(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;

(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

(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

(2)

(a)

If a minor qualifies for commitment to the division under Section 80-6-703, the juvenile court may suspend a disposition for commitment to the division in lieu of immediate commitment, upon the condition that the minor commit no new misdemeanor or felony offense within 90 days after the day on which the juvenile court suspends the disposition for commitment.

(b)

The duration of a suspended disposition under Subsection (2)(a) may not:

(i)	exceed 90 days after the day on which the juvenile court suspends the disposition for commitment; and

(ii)	be extended under any circumstance.

(3)

The juvenile court may only lift a suspension of a disposition under Subsection (2)(a):

(a)	following adjudication of a new misdemeanor or felony offense committed by the minor during the period of suspension set out under Subsection (2)(a);

(b)	if a new assessment or evaluation has been completed and the assessment or evaluation recommends that a higher level of care is needed and nonresidential treatment options have been exhausted or nonresidential treatment options are not appropriate; or

(c)

if, after a notice and a hearing, the juvenile court finds:

(i)	a new or previous evaluation recommends a higher level of treatment; and

(ii)	the minor willfully failed to comply with a lower level of treatment and has been unsuccessfully discharged from treatment.

(4)

A suspended disposition under Subsection (1) may not be imposed without:

(a)	notice to the minor and the minor’s counsel; and

(b)	a hearing.

Amended by Chapter 155, 2022 General Session

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