Utah Code 80-3-408. Periodic review hearings — Dispositional reports

80-3-408. Periodic review hearings — Dispositional reports.

(1)	At least every six months, the division or the juvenile court shall conduct a periodic review of the status of each minor in the custody of the division, until the juvenile court terminates the division’s custody of the minor.

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Custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102
Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102
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

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

(2)

(a)	The juvenile court or the division shall conduct the review described in Subsection (1) in accordance with the requirements of the case review system described in 42 U.S.C. § 675.

(b)

If a review described in Subsection (1) is conducted by the division, the division shall:

(i)	conduct the review in accordance with the administrative review requirements of 42 U.S.C. § 675; and

(ii)	to the extent practicable, involve volunteer citizens in the administrative review process.

(3)

(a)

Within 30 days after the day on which a review described in Subsection (1) that is conducted by the division is completed, the division shall:

(i)	submit a copy of the division’s dispositional report to the juvenile court to be made a part of the juvenile court’s legal file; and

(ii)	provide a copy of the dispositional report to each party in the case to which the review relates.

(b)	The juvenile court shall receive and review each dispositional report submitted under Subsection (3)(a)(i) in the same manner as the juvenile court receives and reviews a report described in Section 80-6-307.

(c)	If a report submitted under Subsection (3)(a)(i) is determined to be an ex parte communication with a judge, the report is considered a communication authorized by law.

Renumbered and Amended by Chapter 261, 2021 General Session