Utah Code 80-6-607. Case planning and appropriate responses

80-6-607. Case planning and appropriate responses.

(1)

For a minor adjudicated and placed on probation under Section 80-6-702 or committed to the division under Section 80-6-703 , a case plan shall be created and:

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Terms Used In Utah Code 80-6-607

Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-6-102
Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 80-6-102
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

Discharge: means a written order of the authority that removes a juvenile offender from the authority's jurisdiction. 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

Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102

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:

(a)	a child; or

(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;

(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

(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 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
(a)	developed in collaboration with the minor and the minor’s family;

(b)	individualized to the minor;

(c)	informed by the results of a validated risk and needs assessment under Section 80-6-606 ; and

(d)	tailored to the minor’s offense and history.

(2)

(a)

The Administrative Office of the Courts and the division shall develop a statewide system of appropriate responses to guide responses to the behaviors of minors:

(i)	undergoing nonjudicial adjustments;

(ii)	whose case is under the jurisdiction of the juvenile court; and

(iii)

in the custody of the division.

(b)

The system of responses shall include both sanctions and incentives that:

(i)	are swift and certain;

(ii)	include a continuum of community based responses for minors living at home;

(iii)

target a minor’s criminogenic risks and needs, as determined by the results of a validated risk and needs assessment under Section 80-6-606 , and the severity of the violation; and

(iv)	authorize earned discharge credits as one incentive for compliance.

(c)	After considering the juvenile disposition guidelines established by the Sentencing Commission, in accordance with Section 63M-7-404, the system of appropriate responses under Subsections (2)(a) and (b) shall be developed.

(3)

(a)	A response to compliant or noncompliant behavior under Subsection (2) shall be documented in the minor’s case plan.

(b)

Documentation under Subsection (3)(a) shall include:

(i)	positive behaviors and incentives offered;

(ii)	violations and corresponding sanctions; and

(iii)

whether the minor has a subsequent violation after a sanction.

(4)

Before referring a minor to a juvenile court for judicial review, or to the authority if the minor is under the jurisdiction of the authority, in response to a contempt filing under Section 78A-6-353 or an order to show cause, a pattern of appropriate responses shall be documented in the minor’s case plan in accordance with Subsections (3)(a) and (b) .

(5)	Notwithstanding Subsection (4), if a minor violates a protective order or an ex parte protective order listed in Section 78B-7-803, the violation may be filed directly with the juvenile court.

Renumbered and Amended by Chapter 261, 2021 General Session

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