80-5-602.  Homeless youth — Consent to shelter, care, or services by a homeless youth.

(1)  As used in this section:

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Terms Used In Utah Code 80-5-602

  • Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-5-102
  • Homeless youth: means a child, other than an emancipated minor:
(a) who is a runaway; or
(b) who is:
(i) not accompanied by the child's parent or guardian; and
(ii) without care, as defined in Section 80-5-602. See Utah Code 80-5-102
  • Person: means :Utah Code 68-3-12.5
  • Shelter: means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction. See Utah Code 80-1-102
  • Temporary homeless youth shelter: means a facility that:
    (a) provides temporary shelter to homeless youth; and
    (b) is licensed by the Department of Health and Human Services, created in Section 26B-1-201, as a residential support program. See Utah Code 80-5-102
  • 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
    (a)  “Care” means providing:

    (i)  assistance to obtain food, clothing, hygiene products, or other basic necessities;

    (ii)  access to a bed, showering facility, or transportation; or

    (iii)  assistance with school enrollment or attendance.

    (b)  “Licensed services” means a service provided by a temporary homeless youth shelter, a youth services center, or other facility that is licensed to provide the service to a homeless youth.

    (c)  “Service” means:

    (i)  youth services;

    (ii)  child welfare or juvenile court case management or advocacy;

    (iii)  aftercare services; or

    (iv)  independent living skills training.
  • (2)  A homeless youth may consent to temporary shelter, care, or licensed services if the homeless youth:

    (a)  is at least 15 years old; and

    (b)  manages the homeless youth’s own financial affairs, regardless of the source of income.

    (3)  In determining consent under Subsection (2), a person may rely on the homeless youth’s verbal or written statement describing the homeless youth’s ability to consent to temporary shelter, care, or licensed services.

    (4)  A person who provides shelter, care, or licensed services to a homeless youth who consents to the shelter, care, or licensed services under Subsection (2):

    (a)  shall report to the division as required under Subsection 80-5-601(4); and

    (b)  may provide the homeless youth a referral to temporary or permanent housing, employment resources, medical or dental providers, or counseling.

    Amended by Chapter 256, 2021 General Session
    Renumbered and Amended by Chapter 261, 2021 General Session