| (1) |
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Terms Used In Utah Code 80-6-207- Abuse: means :
| (i) | | (A) | nonaccidental harm of a child; |
| (B) | threatened harm of a child; |
| (E) | human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- 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- Correctional facility: means :
| (b) | a secure correctional facility as defined in Section 64-13-1. See Utah Code 80-1-102- dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. 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 guidelines: means standards, established by the division in accordance with Subsection 80-5-202(1)(a), for the admission of a minor to detention. See Utah Code 80-6-102
- 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
- Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102
- 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- 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- Neglect: means action or inaction causing:
| (i) | abandonment of a child, except as provided in 5; |
| (ii) | lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian; |
| (iii) | failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being; |
| (iv) | a child to be at risk of being neglected or abused because another child in the same home is neglected or abused; |
| (v) | abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or |
| (vi) | educational neglect. 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.
- 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.
- 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
- Statute: A law passed by a legislature.
- 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) |
After admission of a child to a detention facility under Section 80-6-205 and immediate investigation by a juvenile probation officer, the juvenile court or the juvenile probation officer shall order the release of the child to the child’s parent, guardian, or custodian if the juvenile court or the juvenile probation officer finds that the child can be safely returned to the parent’s, the guardian‘s, or the custodian’s care, upon written promise to bring the child to the juvenile court at a time set or without restriction. |
| (b) |
If a child’s parent, guardian, or custodian fails to retrieve the child from a detention facility within 24 hours after notification of release, the parent, guardian, or custodian is responsible for the cost of care for the time the child remains in the detention facility in accordance with Section 78A-6-356. |
| (c) |
The detention facility shall determine the cost of care. |
| (d) |
Any money collected under this Subsection (1) shall be retained by the division to recover the cost of care for the time the child remains in the facility. |
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| (2) |
| (a) |
When a child is admitted to a detention facility, the child’s parent, guardian, or custodian shall be informed by the individual in charge of the detention facility that the parent’s, the guardian’s, or the custodian’s child has the right to a prompt hearing in a juvenile court to determine whether the child is to be further detained or released. |
| (b) |
If a minor is admitted to a detention facility, the minor shall be informed by the person in charge of the facility that the minor has the right to a prompt hearing in a juvenile court to determine whether the minor is to be further detained or released. |
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| (3) |
| (a) |
The juvenile court may, at any time, order the release of the minor, from detention, regardless of whether a detention hearing is held or not. |
| (b) |
If a child is released, and the child remains in the detention facility, because the child’s parents, guardian, or custodian fails to retrieve the child, the parent, guardian, or custodian shall be responsible for the cost of care as provided in Subsections (1)(b), (c), and (d) in accordance with Section 78A-6-356. |
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| (4) |
| (a) |
As used in this Subsection (4), “arrest” means being apprehended, detained, taken into temporary custody under Section 80-6-201 or 80-6-202, held for investigation, or restrained by a peace officer or other person due to an accusation or suspicion that the minor committed an offense. |
| (b) |
A minor may not be held in a detention facility longer than 24 hours, unless a juvenile court determines that there is probable cause for the minor’s arrest. |
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| (5) |
| (a) |
A detention hearing under this section shall be held by a juvenile court judge or commissioner. |
| (b) |
A juvenile court shall hold a detention hearing within 48 hours of the minor’s admission to a detention facility, excluding weekends and holidays, to determine whether the minor should:
| (i) |
remain in detention in accordance with Subsection (8); |
| (ii) |
be released to a parent or guardian; or |
| (iii) |
be placed in any other party’s custody as authorized by statute. |
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| (6) |
The probable cause determination under Subsection (4) and the detention hearing under Subsection (5) may occur at the same time if the probable cause determination and the detention hearing occur within the time frame under Subsection (4). |
| (7) |
| (a) |
A detention hearing may not be waived. |
| (b) |
Staff at the detention facility shall provide the juvenile court with all information received from the individual who brought the minor to the detention facility. |
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| (8) |
| (a) |
The juvenile court may only order a minor to be held in the detention facility or be placed in another appropriate facility, subject to further order of the court, if the court finds at a detention hearing that:
| (i) |
releasing the minor to the minor’s parent, guardian, or custodian presents an unreasonable risk to public safety; |
| (ii) |
less restrictive nonresidential alternatives to detention have been considered and, where appropriate, attempted; and |
| (iii) |
the minor is eligible for detention under the detention guidelines and Section 80-6-205. |
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| (9) |
| (a) |
After a detention hearing has been held, only the juvenile court may release a minor from detention. |
| (b) |
If a minor remains in a detention facility, periodic reviews shall be held in accordance with the Utah Rules of Juvenile Procedure to ensure that continued detention of the minor is necessary. |
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| (10) |
This section does not apply to a minor who is brought to a correctional facility in accordance with Section 80-6-502, 80-6-504, or 80-6-505. |
| (11) |
Title 77, Chapter 20, Bail, does not apply to a minor, except for:
| (a) |
a minor charged in accordance with Section 80-6-502; |
| (b) |
a minor bound over to the district court in accordance with Section 80-6-504; or |
| (c) |
a minor who need not be detained and lives outside this state. |
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Amended by Chapter 155, 2022 General Session
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