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Terms Used In Utah Code 80-6-703- 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- Community-based program: means a nonsecure residential or nonresidential program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least restrictive setting, consistent with public safety, and operated by or under contract with the Division of Juvenile Justice and Youth Services. 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- Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102
- Detention: means home detention or secure detention. 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
- 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- 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- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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.
- 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
- Status offense: means an offense that would not be an offense but for the age of the offender. See Utah Code 80-1-102
- Termination: means a written order of the authority that terminates a juvenile offender from parole. 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 |
| (a) |
If a child is adjudicated for an offense under Section 80-6-701, the juvenile court may:
| (i) |
place the child in the legal custody of a relative or other suitable individual regardless of whether the minor is placed on probation under Subsection 80-6-702(1); or |
| (ii) |
appoint a guardian for the child if it appears that a guardian is necessary in the interest of the child. |
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| (b) |
The juvenile court may not assume the function of developing foster home services in placing a child in the legal custody of a relative or other suitable individual under Subsection (1)(a). |
| (c) |
| (i) |
If the juvenile court appoints a guardian for a child under Subsection (1)(a)(ii), the juvenile court:
| (A) |
may appoint a public or private institution or agency as the guardian of the child; and |
| (B) |
may not appoint a nonsecure residential placement provider for which legal custody of the child is vested. |
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| (d) |
In placing a child under the guardianship or legal custody of an individual or private agency or institution under Subsection (1)(a)(ii), the juvenile court:
| (i) |
shall give primary consideration to the welfare of the child; and |
| (ii) |
may take into consideration the religious preferences of the child and the child’s parent. |
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| (2) |
If a minor is adjudicated under Section 80-6-701, the juvenile court shall only commit the minor to the division and order the division to provide recommendations and services if:
| (a) |
nonresidential treatment options have been exhausted or nonresidential treatment options are not appropriate; and |
| (b) |
the minor is adjudicated under this chapter for:
| (ii) |
a misdemeanor when the minor has five prior misdemeanors or felony adjudications arising from separate criminal episodes; or |
| (iii) |
a misdemeanor involving the use of a dangerous weapon as defined in Section 76-1-101.5. |
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| (3) |
A juvenile court may not commit a minor to the division:
| (a) |
for residential observation and evaluation or residential observation and assessment; |
| (b) |
for contempt of court, except to the extent permitted under Section 78A-6-353; |
| (c) |
for a violation of probation; |
| (d) |
for failure to pay a fine, fee, restitution, or other financial obligation; |
| (e) |
for unfinished compensatory or community service hours; |
| (f) |
for an infraction; or |
| (g) |
for a status offense. |
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| (4) |
If the juvenile court commits a minor to the division, the juvenile court shall:
| (a) |
find whether the minor is being committed to the division for placement in a community-based program, secure detention under Section 80-6-704, or secure care under Section 80-6-705; |
| (b) |
specify the criteria under Subsection (3) for which the juvenile court is committing the minor to the division; and |
| (c) |
establish the period of time that the minor is committed to the division in accordance with Section 80-6-712. |
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| (5) |
| (a) |
Except for an order for secure care under Section 80-6-705, if the juvenile court commits a minor to the division, or places the minor with an individual under this section, the juvenile court shall include in the order a date for a review and presumptive termination of the minor’s case by the juvenile court in accordance with Section 80-6-712. |
| (b) |
For each review of a minor’s case under Subsection (5)(a), the juvenile court shall set a new date for a review and presumptive termination of the minor’s case. |
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| (6) |
If a minor is adjudicated for an offense under Section 80-6-701, a juvenile court may not commit a minor to:
| (a) |
except as provided in Subsection (7), the Division of Child and Family Services; or |
| (b) |
a correctional facility. |
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| (7) |
The juvenile court may not commit a minor to the Division of Child and Family Services to address the minor’s ungovernable or other behavior, mental health, or disability, unless the Division of Child and Family Services:
| (a) |
engages other relevant divisions of the department in conducting an assessment of the minor and the minor’s family’s needs; |
| (b) |
based on an assessment under Subsection (7)(a), determines that committing the minor to the Division of Child and Family Services is the least restrictive intervention for the minor that meets the minor’s needs; and |
| (c) |
consents to the minor being committed to the Division of Child and Family Services. |
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| (8) |
If a minor is committed to the division under this section, the division may not transfer custody of the minor to a correctional facility. |
Amended by Chapter 430, 2022 General Session
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