| (1) |
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Terms Used In Utah Code 80-6-202- Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
| (b) | enlistment in the armed forces; |
| (c) | major medical, surgical, or psychiatric treatment; or |
| (d) | legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Legal custody: means a relationship embodying:
| (a) | the right to physical custody of the minor; |
| (b) | the right and duty to protect, train, and discipline the minor; |
| (c) | the duty to provide the minor with food, clothing, shelter, education, and ordinary medical care; |
| (d) | the right to determine where and with whom the minor shall live; and |
| (e) | the right, in an emergency, to authorize surgery or other extraordinary care. 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Runaway: means a child, other than an emancipated child, who willfully leaves the home of the child's parent or guardian, or the lawfully prescribed residence of the child, without permission. 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
- 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
- Status offense: means an offense that would not be an offense but for the age of the offender. See Utah Code 80-1-102
- Summons: Another word for subpoena used by the criminal justice system.
- 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
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| (a) |
Except as otherwise provided in this section, after a petition is filed under Section 80-6-305, or a criminal information under Section 80-6-503, a juvenile court may issue a warrant for a minor to be taken into temporary custody if:
| (i) |
there is probable cause to believe that:
| (A) |
the minor has committed an offense that would be a felony if committed by an adult; |
| (B) |
the minor has failed to appear after the minor or the minor’s parent, guardian, or custodian has been legally served with a summons in accordance with Section 78A-6-351 and the Utah Rules of Juvenile Procedure; |
| (C) |
there is a substantial likelihood the minor will not respond to a summons; |
| (D) |
a summons cannot be served and the minor’s present whereabouts are unknown; |
| (E) |
serving a summons for the minor will be ineffectual; |
| (F) |
the minor seriously endangers others or the public and temporary custody appears to be necessary for the protection of others or the public; or |
| (G) |
the minor is a runaway or has escaped from the minor’s parent, guardian, or custodian; or |
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| (ii) |
the minor is under the continuing jurisdiction of the juvenile court and there is probable cause to believe that the minor:
| (A) |
has left the custody of the person or agency vested by a court with legal custody, or guardianship of the minor, without permission; or |
| (B) |
has violated a court order. |
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| (b) |
A warrant issued under this Subsection (1) shall be:
| (i) |
filed in accordance with Utah Rules of Juvenile Procedure, Rule 7; and |
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| (2) |
A juvenile court may not issue a warrant for a minor to be taken into temporary custody for:
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| (3) |
| (a) |
For a minor not eligible for a warrant under Subsection (2), a juvenile court may issue a warrant that directs a minor to be returned home, to the juvenile court, or to a shelter or other nonsecure facility. |
| (b) |
A warrant under Subsection (3)(a) may not direct a minor to secure care or secure detention. |
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| (4) |
Subsection (2) does not apply to a minor who is under 11. |
Amended by Chapter 335, 2022 General Session
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