| (1) |
As used in this section:
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Terms Used In Utah Code 80-6-103- 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- 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
- Detention hearing: means a proceeding under Section 80-6-207 to determine whether a minor should remain in detention. See Utah Code 80-6-102
- 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
- Fraud: Intentional deception resulting in injury to another.
- Home detention: means placement of a minor:
| (a) | if prior to a disposition, in the minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or custodian, under terms and conditions established by the Division of Juvenile Justice and Youth Services or the juvenile court; or |
| (b) | if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or custodian, under terms and conditions established by the Division of Juvenile Justice and Youth Services or the juvenile court. See Utah Code 80-1-102- Juvenile probation officer: means a probation officer appointed under Section 78A-6-205. 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- Person: means :Utah Code 68-3-12.5
- Probation: includes intake probation or formal probation. See Utah Code 80-1-102
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Temporary custody: means the control and responsibility of a minor, before an adjudication under Section 80-6-701, until the minor is released to a parent, guardian, responsible adult, or to an appropriate agency. See Utah Code 80-6-102
- 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 |
| (b) |
“Local education agency” means a school district, a charter school, or the Utah Schools for the Deaf and the Blind. |
| (c) |
“School official” means:
| (i) |
the school superintendent of the district in which the minor resides or attends school; or |
| (ii) |
if there is no school superintendent for the school, the principal of the school where the minor attends. |
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| (d) |
“Transferee school official” means:
| (i) |
the school superintendent of the district in which the minor resides or attends school if the minor is admitted to home detention; or |
| (ii) |
if there is no school superintendent for the school, the principal of the school where the minor attends if the minor is admitted to home detention. |
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| (2) |
A notification under this section is provided for a minor’s supervision and student safety. |
| (3) |
| (a) |
If a minor is taken into temporary custody under Section 80-6-201 for a violent felony or an offense in violation of 5, the peace officer, or other person who has taken the minor into temporary custody, shall notify a school official within five days after the day on which the minor is taken into temporary custody. |
| (b) |
A notification under this Subsection (3) shall only disclose:
| (i) |
the name of the minor; |
| (ii) |
the offense for which the minor was taken into temporary custody or admitted to detention; and |
| (iii) |
if available, the name of the victim if the victim resides in the same school district as the minor or attends the same school as the minor. |
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| (4) |
After a detention hearing for a minor who is alleged to have committed a violent felony, or an offense in violation of 5, the juvenile court shall order a juvenile probation officer to notify a school official, or a transferee school official, and the appropriate local law enforcement agency of the juvenile court’s decision, including any disposition, order, or no-contact order. |
| (5) |
If a designated staff member of a detention facility admits a minor to home detention under Section 80-6-205 and notifies the juvenile court of that admission, the juvenile court shall order a juvenile probation officer to notify a school official, or a transferee school official, and the appropriate local law enforcement agency that the minor has been admitted to home detention. |
| (6) |
| (a) |
If the juvenile court adjudicates a minor for an offense of violence or an offense in violation of 5, the juvenile court shall order a juvenile probation officer to notify a school official, or a transferee school official, of the adjudication. |
| (b) |
A notification under this Subsection (6) shall be given to a school official, or a transferee school official, within three days after the day on which the minor is adjudicated. |
| (c) |
A notification under this section shall include:
| (i) |
the name of the minor; |
| (ii) |
the offense for which the minor was adjudicated; and |
| (iii) |
if available, the name of the victim if the victim:
| (A) |
resides in the same school district as the minor; or |
| (B) |
attends the same school as the minor. |
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| (7) |
If the juvenile court orders probation under Section 80-6-702, the juvenile court shall order a juvenile probation officer to notify the appropriate local law enforcement agency and the school official of the juvenile court’s order for probation. |
| (8) |
| (a) |
An employee of the local law enforcement agency, or the school the minor attends, who discloses a notification under this section is not:
| (i) |
civilly liable except when the disclosure constitutes fraud or willful misconduct as provided in Section 63G-7-202; and |
| (ii) |
civilly or criminally liable except when the disclosure constitutes a knowing violation of Section 63G-2-801. |
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| (b) |
An employee of a governmental agency is immune from any criminal liability for failing to provide the information required by this section, unless the employee fails to act due to malice, gross negligence, or deliberate indifference to the consequences. |
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| (9) |
| (a) |
A notification under this section shall be classified as a protected record under Section 63G-2-305. |
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Amended by Chapter 161, 2023 General Session
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