Utah Code 80-5-201. Division responsibilities

80-5-201. Division responsibilities.

(1)	The division is responsible for all minors committed to the division by juvenile courts under Sections 80-6-703 and 80-6-705.

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Terms Used In Utah Code 80-5-201

Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-5-102
Board: means the Board of Juvenile Court Judges. See Utah Code 80-1-102
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

Community-based program: means a nonsecure residential or nonresidential program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least restrictive setting, consistent with public safety, and operated by or under contract with the Division of Juvenile Justice and Youth Services. See Utah Code 80-1-102

Contract: A legal written agreement that becomes binding when signed.

Control: means the authority to detain, restrict, and supervise a juvenile offender in a manner consistent with public safety and the well-being of the juvenile offender and division employees. See Utah Code 80-5-102

Department: means the Department of Health and Human Services created in Section 26B-1-201. 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

Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-5-102

Evidence-based: means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool. See Utah Code 80-1-102

Juvenile receiving center: means a nonsecure, nonresidential program established by the Division of Juvenile Justice and Youth Services, or under contract with the Division of Juvenile Justice and Youth Services, that is responsible for minors taken into temporary custody under Section 80-6-201. See Utah Code 80-1-102

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

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

Serious youth offender: means an individual who:

(a)	is at least 14 years old, but under 25 years old;

(b)	committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction of the juvenile court was extended over the individual's case until the individual was 25 years old in accordance with Section 80-6-605; and

(c)

is committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. 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 same as that term is defined in Section 80-6-102. See Utah Code 80-5-102

Youth offender: means an individual who is:

(a)	at least 12 years old, but under 21 years old; and

(b)

committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. See Utah Code 80-1-102

Youth services: include efforts to:

(i)	resolve family conflict;

(ii)	maintain or reunite minors with the minors' families; and

(iii)

divert minors from entering or escalating in the juvenile justice system. See Utah Code 80-5-102

(2)

The division shall:

(a)	establish and administer a continuum of community, secure, and nonsecure programs for all minors committed to the division;

(b)	establish and maintain all detention and secure care facilities and set minimum standards for all detention and secure care facilities;

(c)	establish and operate prevention and early intervention youth services programs for nonadjudicated minors placed with the division;

(d)	establish observation and assessment programs necessary to serve minors in a nonresidential setting under Subsection 80-6-706(1);

(e)	place minors committed to the division under Section 80-6-703 in the most appropriate program for supervision and treatment;

(f)

employ staff necessary to:

(i)	supervise and control minors committed to the division for secure care or placement in the community;

(ii)	supervise and coordinate treatment of minors committed to the division for placement in community-based programs; and

(iii)

control and supervise adjudicated and nonadjudicated minors placed with the division for temporary services in juvenile receiving centers, youth services, and other programs established by the division;

(g)	control or detain a minor committed to the division, or in the temporary custody of the division, in a manner that is consistent with public safety and rules made by the division;

(h)

establish and operate work programs for minors committed to the division by the juvenile court that:

(i)	are not residential;

(ii)	provide labor to help in the operation, repair, and maintenance of public facilities, parks, highways, and other programs designated by the division;

(iii)

provide educational and prevocational programs in cooperation with the State Board of Education for minors placed in the program; and

(iv)	provide counseling to minors;

(i)	establish minimum standards for the operation of all private residential and nonresidential rehabilitation facilities that provide services to minors who have committed an offense in this state or in any other state;

(j)	provide regular training for secure care staff, detention staff, case management staff, and staff of the community-based programs;

(k)	designate employees to obtain the saliva DNA specimens required under Section 53-10-403;

(l)	ensure that the designated employees receive appropriate training and that the specimens are obtained in accordance with accepted protocol;

(m)

(i)	is adjudicated for an offense listed in Subsection 77-41-102(18)(a) or 77-43-102(2);

(ii)	is committed to the division for secure care; and

(iii)

(A)	if the individual is a youth offender, remains in the division’s custody 30 days before the individual’s 21st birthday; or

(B)	if the individual is a serious youth offender, remains in the division’s custody 30 days before the individual’s 25th birthday; and

(n)	ensure that a program delivered to a minor under this section is an evidence-based program in accordance with Section 63M-7-208.

(3)

(a)

The division is authorized to employ special function officers, as defined in Section 53-13-105, to:

(i)	locate and apprehend minors who have absconded from division custody;

(ii)	transport minors taken into custody in accordance with division policy;

(iii)

investigate cases; and

(iv)	carry out other duties as assigned by the division.

(b)

A special function officer may be:

(i)	employed through a contract with the Department of Public Safety, or any law enforcement agency certified by the Peace Officer Standards and Training Division; or

(ii)	directly hired by the division.

(4)

In the event of an unauthorized leave from secure care, detention, a community-based program, a juvenile receiving center, a home, or any other designated placement of a minor, a division employee has the authority and duty to locate and apprehend the minor, or to initiate action with a local law enforcement agency for assistance.

(5)

The division may proceed with an initial medical screening or assessment of a child admitted to a detention facility to ensure the safety of the child and others in the detention facility if the division makes a good faith effort to obtain consent for the screening or assessment from the child’s parent or guardian.

Amended by Chapter 123, 2023 General Session

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