| (1) |
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Terms Used In Utah Code 80-6-606- 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
- 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- Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102
- 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
- Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- 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- 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
- Ungovernable: means a child in conflict with a parent or guardian, and the conflict:
| (a) | results in behavior that is beyond the control or ability of the child, or the parent or guardian, to manage effectively; |
| (b) | poses a threat to the safety or well-being of the child, the child's family, or others; or |
| (c) | results in the situations described in Subsections (93)(a) and (b). See Utah Code 80-1-102- Validated risk and needs assessment: means an evidence-based tool that assesses a minor's risk of reoffending and a minor's criminogenic needs. See Utah Code 80-1-102
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| (a) |
If a minor is adjudicated for an offense under this chapter, the minor shall undergo a risk screening or, if indicated, a validated risk and needs assessment. |
| (b) |
If a minor undergoes a risk screening or a validated risk and needs assessment, the results of the screening or assessment shall be used to inform the juvenile court’s disposition and any case planning for the minor. |
| (c) |
If a minor undergoes a validated risk and needs assessment, the results of the assessment may not be shared with the juvenile court before the adjudication of the minor. |
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| (2) |
If the juvenile court’s continuing jurisdiction over a minor’s case is terminated, the minor shall undergo a validated risk and needs assessment within seven days of the day on which an order terminating the juvenile court’s continuing jurisdiction is issued if:
| (a) |
the minor is adjudicated under this chapter; and |
| (b) |
the minor underwent a validated risk and needs assessment under Subsection (1). |
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| (3) |
| (a) |
If a petition under this chapter has been filed for a minor, a juvenile court may:
| (i) |
order that the minor be examined by a physician, surgeon, psychiatrist, or psychologist; and |
| (ii) |
place the minor in a hospital or other facility for examination. |
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| (b) |
After notice and a hearing set for the specific purpose, the juvenile court may order an examination of a minor’s parent or guardian whose ability to care for a minor is at issue if the juvenile court finds from the evidence presented at the hearing that the parent’s or guardian’s physical, mental, or emotional condition may be a factor in causing the delinquency of the minor. |
| (c) |
An examination conducted in accordance with this Subsection (3) is not a privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general rule of privilege. |
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| (4) |
| (a) |
Subject to Subsection (4)(b), if a petition under this chapter has been filed for a child, a juvenile court may:
| (i) |
place the child in the temporary custody of a relative or other suitable individual if the child’s parent or guardian consents to the placement; |
| (ii) |
appoint a guardian for the child if it appears a guardian is in the necessary interests of the child and the child’s parent or guardian consents to the appointment; or |
| (iii) |
place the child in the temporary custody of a relative or other suitable individual under Subsection (4)(a)(i) or appoint a guardian for the child under Subsection (4)(a)(ii) without the consent of the child’s parent or guardian if the child’s parent or guardian cannot be located with reasonable diligence. |
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| (b) |
The juvenile court may not grant temporary custody or a guardianship of a child to the Division of Child and Family Services under Subsection (4)(a) to address the minor’s ungovernable or other behavior, mental health, or other disability, unless the Division of Child and Family Services:
| (i) |
engages other relevant divisions of the department in conducting an assessment of the child and the child’s family’s needs; |
| (ii) |
based on an assessment under Subsection (4)(b)(i), determines that granting temporary custody or a guardianship of the child to the Division of Child and Family Services is the least restrictive intervention for the child that meets the child’s needs; and |
| (iii) |
consents to the child being committed to the temporary custody of, or placed in a guardianship, with the Division of Child and Family Services. |
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Amended by Chapter 155, 2022 General Session
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