| (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 80-1-102Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102Community-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 80-1-102dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102Detention: means home detention or secure detention. See Utah Code 80-1-102Detention 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 80-1-102Disposition: 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 80-1-102Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102Evidence: 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.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 80-1-102Neglect: 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 80-1-102Obligation: 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.Secure detention: means temporary care of a minor who requires secure custody in a physically restricting facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services:| (a) | before disposition of an offense that is alleged to have been committed by the minor; or |
| (b) | under Section 80-6-704. See Utah Code 80-1-102Status offense: means an offense that would not be an offense but for the age of the offender. See Utah Code 80-1-102 |
| (a) |
The juvenile court may order a minor to detention, or an alternative to detention, if the minor is adjudicated for:
| (i) |
an offense under Section 80-6-701; or |
| (ii) |
contempt of court under Section 78A-6-353. |
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| (b) |
Except as provided in Subsection 78A-6-353(3), and subject to the juvenile court retaining continuing jurisdiction over a minor’s case, the juvenile court may order a minor to detention, or an alternative to detention, under Subsection (1) for a period not to exceed 30 cumulative days for an adjudication. |
| (c) |
If a minor is held in detention before an adjudication, the time spent in detention before the adjudication shall be credited toward the 30 cumulative days eligible as a disposition under Subsection (1)(a). |
| (d) |
If a minor spent more than 30 days in detention before a disposition under Subsection (1), the juvenile court may not order the minor to detention under this section. |
|
| (2) |
An order for detention under Subsection (1) may not be suspended upon conditions ordered by the juvenile court. |
| (3) |
A juvenile court may not order a minor to detention for:
| (a) |
contempt of court, except to the extent permitted under Section 78A-6-353; |
| (b) |
a violation of probation; |
| (c) |
failure to pay a fine, fee, restitution, or other financial obligation; |
| (d) |
unfinished compensatory or community service hours; |
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| (4) |
| (a) |
If a minor is held in detention under this section, the minor is eligible to receive credit for good behavior against the period of detention. |
| (b) |
The rate of credit is one day of credit for good behavior for every three days spent in detention. |
|
| (5) |
| (a) |
A minor may not be held in secure detention following a disposition by the juvenile court:
| (ii) |
except as provided in Subsection (5)(b), for a community-based program. |
|
| (b) |
If a minor is awaiting placement by the division under Section 80-6-703, a minor may not be held in secure detention for longer than 72 hours, excluding weekends and holidays. |
| (c) |
The period of detention under Subsection (5)(b) may be extended by the juvenile court for a cumulative total of seven calendar days if:
| (i) |
the division, or another agency responsible for placement, files a written petition with the juvenile court requesting the extension and setting forth good cause; and |
| (ii) |
the juvenile court enters a written finding that it is in the best interests of both the minor and the community to extend the period of detention. |
|
| (d) |
The juvenile court may extend the period of detention beyond the seven calendar days if the juvenile court finds, by clear and convincing evidence, that:
| (i) |
the division, or another agency responsible for placement, does not have space for the minor; and |
| (ii) |
the safety of the minor and community requires an extension of the period of detention. |
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| (e) |
The division, or the agency with custody of the minor, shall report to the juvenile court every 48 hours, excluding weekends and holidays, regarding whether the division, or another agency responsible for placement, has space for the minor. |
| (f) |
The division, or agency, requesting an extension shall promptly notify the detention facility that a written petition has been filed. |
| (g) |
The juvenile court shall promptly notify the detention facility regarding the juvenile court’s initial disposition and any ruling on a petition for an extension, whether granted or denied. |
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Enacted by Chapter 261, 2021 General Session
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