| (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 80-1-102Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102Compensatory service: means service or unpaid work performed by a minor in lieu of the payment of a fine, fee, or restitution. See Utah Code 80-6-102Detention: means home detention or secure detention. See Utah Code 80-1-102Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102Educational series: means an evidence-based instructional series:| (a) | obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104; and |
| (b) | designed to prevent substance use or the onset of a mental health disorder. See Utah Code 80-1-102Guardian: 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 80-1-102Minor: 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; |
|
| (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 80-1-102Person: means :Utah Code 68-3-12.5Probation: includes intake probation or formal probation. See Utah Code 80-1-102Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.Protective supervision: means a legal status created by court order, following an adjudication on the ground of abuse, neglect, or dependency, whereby:| (a) | the minor is permitted to remain in the minor's home; and |
| (b) | supervision and assistance to correct the abuse, neglect, or dependency is provided by an agency designated by the juvenile court. See Utah Code 80-1-102Secure 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 80-1-102Termination: means a written order of the authority that terminates a juvenile offender from parole. See Utah Code 80-6-102Validated 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 |
| (2) |
| (a) |
If the juvenile court orders a condition under Subsection (1), the condition shall be:
| (i) |
individualized and address a specific risk or need; |
| (ii) |
based on information provided to the juvenile court, including the results of a validated risk and needs assessment conducted under Section 80-6-606; and |
| (iii) |
if the juvenile court orders substance abuse treatment or an educational series, based on a validated risk and needs assessment conducted under Section 80-6-606. |
|
| (b) |
A juvenile court may not issue a standard order that contains control-oriented conditions. |
| (c) |
If the juvenile court orders a prohibition on weapon possession as a condition under Subsection (1), the prohibition shall be specific to the minor and not the minor’s family. |
|
| (3) |
If the juvenile court orders protective supervision, the Division of Child and Family Services may not provide protective supervision unless there is a petition filed under Section 80-3-201 that requests that the Division of Child and Family Services provide protective supervision. |
| (4) |
| (a) |
If the juvenile court places a minor on probation, the juvenile court shall establish the period of time that a minor is on probation in accordance with Section 80-6-712. |
| (b) |
An order for probation or protective supervision shall include a date for review and presumptive termination of the case by the juvenile court in accordance with Section 80-6-712. |
| (c) |
For each review of a minor’s case under Subsection (4)(b), the juvenile court shall set a new date for a review and presumptive termination of the minor’s case. |
|
| (5) |
| (a) |
If a minor is adjudicated under this chapter, the juvenile court may order a minor’s parent, guardian, or custodian, or any other person who has been made a party to the proceedings, to comply with reasonable conditions, including:
| (i) |
parent-time by the minor’s parent; |
| (ii) |
restrictions on the individuals that the minor associates with; |
| (iii) |
restrictions on the minor’s occupation and any other activity; and |
| (iv) |
requirements to be observed by the minor’s parent, guardian, or custodian. |
|
| (b) |
If a minor’s parent, guardian, or custodian successfully completes a family or other counseling program, the minor may be credited by the juvenile court for time spent in detention, in secure care, or on probation. |
|
Enacted by Chapter 261, 2021 General Session
|
|
|
|
|
|
|
