Utah Code § 80-4-107 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-107
§ 80-4-107. Record of proceedings -- Written reports and other materials -- Statements of a child.
Status: in_force

(1) As used in this section, "record of a proceeding" means the same as that term is defined in Section 80-3-106. (2) A record of a proceeding under this chapter: (a) shall be taken in accordance with Section 80-3-106; and (b) may be requested for release as described in Section 80-3-106. (3) (a) For purposes of determining proper disposition of a child in hearings upon a petition for termination of parental rights, written reports and other material relating to the child's mental, physical, and social history and condition may be: (i) received in evidence; and (ii) considered by the court along with other evidence. (b) The court may require that an individual who wrote a report or prepared the material under Subsection (3)(a) to appear as a witness if the individual is reasonably available. (4) For the purpose of establishing abuse, neglect, or dependency under this chapter, the juvenile court may, in the juvenile court's discretion, consider evidence of statements made by a child under eight years old to an individual in a trust relationship.
Utah Code § 80-2-610 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-610
§ 80-2-610. Immunity from liability for a report -- Exception.
Status: in_force

(1) (a) A person who in good faith makes a report under Section 80-2-602, 80-2-603, or 80-2-604, or who otherwise notifies the division or a peace officer or law enforcement agency of suspected abuse or neglect of a child, is immune from civil and criminal liability in connection with the report or notification. (b) Except as provided in Subsection (3), a person taking a photograph or X-ray, assisting an investigator from the division, serving as a member of a child protection team, or taking a child into protective custody in accordance with Chapter 2a, Removal and Protective Custody of a Child, is immune from civil or criminal liability in connection with those actions. (2) This section does not provide immunity with respect to an act or omission of a governmental employee except as provided in Title 63G, Chapter 7, Governmental Immunity Act of Utah. (3) The immunity described in Subsection (1)(b) does not apply if the person: (a) acted or failed to act through fraud or willful misconduct; (b) in a judicial or administrative proceeding, intentionally or knowingly gave, upon a lawful oath or in any form allowed by law as a substitute for an oath, false testimony material to the issue or matter of inquiry in the proceeding; (c) intentionally or knowingly fabricated evidence; or (d) except as provided in Subsection (4), intentionally or knowingly with a conscious disregard for the rights of others, failed to disclose evidence that was known by the person to be relevant to a material issue or matter of inquiry in: (i) a pending judicial or administrative proceeding if the person knew of the pending judicial or administrative proceeding; or (ii) a judicial or administrative proceeding, if disclosure of the evidence was requested of the employee by a party to the proceeding or counsel for a party to the proceeding. (4) Immunity is not lost under Subsection (3)(d), if the person: (a) failed to disclose evidence described in Subsection (3)(d), because the person is prohibited by law from disclosing the evidence; or (b) (i) in accordance with the provisions of 45 C.F.R. 164.502(g)(5), refused to disclose evidence described in Subsection (3)(d) to another person who requested the evidence; and (ii) after refusing to disclose the evidence under Subsection (4)(b)(i), complied with or responded to a valid court order or valid subpoena received by the person to disclose the evidence described in Subsection (3)(d).
Utah Code § 80-2a-101 — Utah Code / Title 80 / Chapter 80-2a / § 80-2a-101
§ 80-2a-101. Definitions.
Status: in_force

(1) As used in this chapter: (a) "Custody" means the same as that term is defined in Section 80-2-102. (b) "Division" means the Division of Child and Family Services created in Section 80-2-201. (c) "Friend" means an adult who: (i) has an established relationship with the child or a family member of the child; and (ii) is not the parent of the child. (d) "Nonrelative" means an individual who is not a noncustodial parent or relative. (e) "Relative" means an adult who: (i) is the child's grandparent, great grandparent, aunt or uncle, great aunt or uncle, parent, sibling, or first, second, or third cousin by blood, marriage, or adoption; (ii) is a permanent guardian or parent of the child's sibling; (iii) as established by rule by the division in accordance with Title 63G, Chapter 4, Administrative Procedures Act, has a relationship with the child or the child's immediate family member that is more than a relationship described in Subsection (1)(c); or (iv) in the case of a child who is an Indian child, is an extended family member as defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903. (f) "Sibling" means the same as that term is defined in Section 80-2-102. (g) "Temporary custody" means the same as that term is defined in Section 80-2-102. (2) A determination of a minor's best interest under this chapter shall be made in accordance with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those sections.
Utah Code § 80-2a-202 — Utah Code / Title 80 / Chapter 80-2a / § 80-2a-202
§ 80-2a-202. Removal of a child by a peace officer or child welfare caseworker -- Search warrants -- Protective custody and temporary care of a child.
Status: in_force

(1) A peace officer or child welfare caseworker may remove a child or take a child into protective custody, temporary custody, or custody in accordance with this section. (2) (a) Except as provided in Subsection (2)(b), a peace officer or a child welfare caseworker may not enter the home of a child whose case is not under the jurisdiction of the juvenile court, remove a child from the child's home or school, or take a child into protective custody unless: (i) there exist exigent circumstances sufficient to relieve the peace officer or the child welfare caseworker of the requirement to obtain a search warrant under Subsection (3); (ii) the peace officer or child welfare caseworker obtains a search warrant under Subsection (3); (iii) the peace officer or child welfare caseworker obtains a court order after the child's parent or guardian is given notice and an opportunity to be heard; or (iv) the peace officer or child welfare caseworker obtains the consent of the child's parent or guardian. (b) A peace officer or a child welfare caseworker may not take action under Subsection (2)(a) solely on the basis of: (i) educational neglect, truancy, or failure to comply with a court order to attend school; (ii) the possession or use, in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, of cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, as those terms are defined in Section 26B-4-201; or (iii) subject to Subsection (2)(c), a parent's agreement or disagreement with a minor child of the couple's: (A) assertion that the child's gender identity is different from the child's biological sex; (B) practice of having or expressing a different gender identity than the child's biological sex; or (C) sexual orientation. (c) Subsection (2)(b)(iii) does not preclude a peace officer or a child welfare caseworker from taking action under Subsection (2)(a) if the parent's agreement or disagreement with a minor child as described in Subsection (2)(b)(iii) results in or is related to harm, as that term is defined in Section 80-1-102, to the minor child. (3) (a) The juvenile court may issue a warrant authorizing a peace officer or a child welfare caseworker to search for a child and take the child into protective custody if it appears to the juvenile court upon a verified petition, recorded sworn testimony or an affidavit sworn to by a peace officer or another individual, and upon the examination of other witnesses if required by the juvenile court, that there is probable cause to believe that: (i) there is a threat of substantial harm to the child's health or safety; (ii) it is necessary to take the child into protective custody to avoid the harm described in Subsection (3)(a)(i); and (iii) it is likely that the child will suffer substantial harm if the child's parent or guardian is given notice and an opportunity to be heard before the child is taken into protective custody. (b) In accordance with Section 77-23-210, a peace officer making the search under Subsection (3)(a) may enter a house or premises by force, if necessary, in order to remove the child. (4) (a) A child welfare caseworker may take action under Subsection (2) accompanied by a peace officer or without a peace officer if a peace officer is not reasonably available. (b) (i) Before taking a child into protective custody, and if possible and consistent with the child's safety and welfare, a child welfare caseworker shall determine whether there are services available that, if provided to a parent or guardian of the child, would eliminate the need to remove the child from the custody of the child's parent or guardian. (ii) In determining whether the services described in Subsection (4)(b)(i) are reasonably available, the child welfare caseworker shall consider the child's health, safety, and welfare as the paramount concern. (iii) If the child welfare caseworker determines the services described in Subsection (4)(b)(i) are reasonably available, the services shall be utilized. (5) (a) If a peace officer or a child welfare caseworker takes a child into protective custody under Subsection (2), the peace officer or child welfare caseworker shall: (i) notify the child's parent or guardian in accordance with Section 80-2a-203; and (ii) release the child to the care of the child's parent or guardian or another responsible adult, unless: (A) the child's immediate welfare requires the child remain in protective custody; or (B) the protection of the community requires the child's detention in accordance with Chapter 6, Part 2, Custody and Detention. (b) (i) If a peace officer or child welfare caseworker is executing a warrant under Subsection (3), the peace officer or child welfare caseworker shall take the child to: (A) a shelter facility; or (B) if the division makes an emergency placement under Section 80-2a-301, the emergency placement. (ii) If a peace officer or a child welfare caseworker takes a child to a shelter facility under Subsection (5)(b)(i), the peace officer or the child welfare caseworker shall promptly file a written report that includes the child's information, on a form provided by the division, with the shelter facility. (c) A child removed or taken into protective custody under this section may not be placed or kept in detention pending court proceedings, unless the child may be held in detention under Chapter 6, Part 2, Custody and Detention. (6) (a) The juvenile court shall issue a warrant authorizing a peace officer or a child welfare worker to search for a child who is missing, has been abducted, or has run away, and take the child into physical custody if the juvenile court determines that the child is missing, has been abducted, or has run away from the protective custody, temporary custody, or custody of the division. (b) If the juvenile court issues a warrant under Subsection (6)(a): (i) the division shall notify the child's parent or guardian who has a right to parent-time with the child in accordance with Subsection 80-2a-203(5)(a); (ii) the court shall order: (A) the law enforcement agency that has jurisdiction over the location from which the child ran away to enter a record of the warrant into the National Crime Information Center database within 24 hours after the time in which the law enforcement agency receives a copy of the warrant; and (B) the division to notify the law enforcement agency described in Subsection (6)(b)(ii)(A) of the order described in Subsection (6)(b)(ii)(A); and (c) the court shall specify the location to which the peace officer or the child welfare caseworker shall transport the child.
Utah Code § 80-2-805 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-805
§ 80-2-805. Division post-adoption services and contracts -- Access to health care for an adopted child.
Status: in_force

(1) Unless a parent or guardian of a child who is adopted from the custody of the division expressly requests otherwise, the division may not, solely on the basis that the parent or guardian contacts the division regarding services or requests services from the division: (a) remove or facilitate the removal of a child from the child's home; (b) file a petition for removal of a child from the child's home; (c) file a petition for a child protective order; (d) make a supported finding; (e) seek a substantiated finding; (f) file an abuse, neglect, or dependency petition, as defined in Section 80-3-102, or a petition alleging that a child is abandoned; or (g) file a petition for termination of parental rights, as defined in Section 80-4-102. (2) (a) The division shall, to the extent that sufficient funds are available, use out-of-home services funds or division-designated post-adopt funds to provide services to a child who is adopted from the custody of the division, without requiring that the child's parent terminate parental rights, or that the child's parent or legal guardian transfer or surrender custodial rights, in order to receive the services. (b) The division may not require, request, or recommend that a parent terminate parental rights, or that a parent or guardian transfer or surrender custodial rights, in order to receive services, using out-of-home services funds, for a child who is adopted from the custody of the division. (3) (a) If a parent or guardian of a child who is adopted from the custody of the division requests vendor services from the division, the division shall refer the parent or guardian to a provider of vendor services, at the parent's or guardian's expense, if: (i) (A) the parent, guardian, or child is not eligible to receive the vendor services from the division; or (B) the division does not have sufficient funds to provide the services to the parent, guardian, or child; (ii) the parent, guardian, or child does not have insurance or other funds available to receive the services without the referral; and (iii) the parent or guardian desires the referral. (b) If the division awards, extends, or renews a contract with a vendor for vendor services, the division shall include in the contract a requirement that, if the division makes a referral under Subsection (3)(a), the vendor shall: (i) provide services to the parent, guardian, or child at a rate that does not exceed the rate that the vendor charges the division for the services; and (ii) may not charge the parent, guardian, or child any fee that the vendor does not charge the division. (4) The division shall ensure that a child who is adopted and was previously in the division's custody, continues to receive the medical and mental health coverage that the child is entitled to under state and federal law.
Utah Code § 80-2-804 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-804
§ 80-2-804. Adoptive placement time frame -- Division contracts with child-placing agencies.
Status: in_force

(1) Subject to this part, for a child who has a primary permanency plan of adoption or for whom a final plan for pursuing termination of parental rights is approved in accordance with Section 80-3-409, the division shall make intensive efforts to place the child in an adoptive home within 30 days after the earlier of the day on which: (a) the final plan is approved; or (b) the primary permanency plan is established. (2) If within the time periods described in Subsection (1) the division is unable to locate a suitable adoptive home, the division shallcontract with a variety of child-placing agencies licensed under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities, to search for an appropriate adoptive home for the child, and to place the child for adoption.
Utah Code § 80-4-302 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-302
§ 80-4-302. Evidence of grounds for termination.
Status: in_force

(1) In determining whether a parent or parents have abandoned a child, it is prima facie evidence of abandonment that the parent or parents: (a) although having legal custody of the child, have surrendered physical custody of the child, and for a period of six months following the surrender have not manifested to the child or to the person having the physical custody of the child a firm intention to resume physical custody or to make arrangements for the care of the child; (b) have failed to communicate with the child by mail, telephone, or otherwise for six months; (c) failed to have shown the normal interest of a parent, without just cause; or (d) have abandoned an infant, as described in Section 80-4-203. (2) In determining whether a parent or parents are unfit or have neglected a child the juvenile court shall consider: (a) emotional illness, mental illness, or mental deficiency of the parent that renders the parent unable to care for the immediate and continuing physical or emotional needs of the child for extended periods of time; (b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive nature; (c) habitual or excessive use of intoxicating liquors, controlled substances, or dangerous drugs that render the parent unable to care for the child; (d) repeated or continuous failure to provide the child with adequate food, clothing, shelter, education, or other care necessary for the child's physical, mental, and emotional health and development by a parent or parents who are capable of providing that care; (e) whether the parent is incarcerated as a result of conviction of a felony, and the sentence is of such length that the child will be deprived of a normal home for more than one year; (f) a history of violent behavior; (g) whether the parent has intentionally exposed the child to: (i) pornography; or (ii) material harmful to a minor, as defined in Section 76-5c-101; or (h) any other circumstance, conduct, or condition that the court considers relevant in the determination of whether a parent or parents are unfit or have neglected the child. (3) Notwithstanding Subsection (2)(c), the juvenile court may not discriminate against a parent because of or otherwise consider the parent's lawful possession or consumption of cannabis in a medicinal dosage form, a cannabis product, as those terms are defined in Section 26B-4-201 or a medical cannabis device, in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis. (4) A parent who, legitimately practicing the parent's religious beliefs, does not provide specified medical treatment for a child is not, for that reason alone, a negligent or unfit parent. (5) (a) Notwithstanding Subsection (2), a parent may not be considered neglectful or unfit because of a health care decision made for a child by the child's parent unless the state or other party to the proceeding shows, by clear and convincing evidence, that the health care decision is not reasonable and informed. (b) Nothing in Subsection (5)(a) may prohibit a parent from exercising the right to obtain a second health care opinion. (6) If a child has been placed in the custody of the division and the parent or parents fail to comply substantially with the terms and conditions of a plan within six months after the date on which the child was placed or the plan was commenced, whichever occurs later, that failure to comply is evidence of failure of parental adjustment. (7) The following circumstances are prima facie evidence of unfitness: (a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any child, due to known or substantiated abuse or neglect by the parent or parents; (b) conviction of a crime, if the facts surrounding the crime are of such a nature as to indicate the unfitness of the parent to provide adequate care to the extent necessary for the child's physical, mental, or emotional health and development; (c) a single incident of life-threatening or gravely disabling injury to or disfigurement of the child; (d) the parent has committed, aided, abetted, attempted, conspired, or solicited to commit murder or manslaughter of a child or child abuse homicide; or (e) the parent intentionally, knowingly, or recklessly causes the death of another parent of the child, without legal justification.
Utah Code § 80-3-206 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-206
§ 80-3-206. Mediation.
Status: in_force

If an abuse, neglect, or dependency petition is filed, or if a matter is referred to the juvenile court under Subsection 78A-6-104(1)(a)(iii), the juvenile court may require the parties to participate in mediation in accordance with Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act.
Utah Code § 80-2-701 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-701
§ 80-2-701. Division preremoval investigation -- Supported or unsupported reports -- Convening of child protection team -- Coordination with law enforcement -- Consultation with child protection team before close of investigation.
Status: in_force

(1) (a) The division shall conduct a thorough preremoval investigation upon receiving a report under Section 80-2-602 or 80-2-603 if there is reasonable cause to suspect that a situation of abuse, neglect, or the circumstances described in Subsection 80-2-603(2) exist. (b) The primary purpose of the preremoval investigation described in Subsection (1)(a) shall be protection of the child. (2) The preremoval investigation described in Subsection (1)(a) shall meet the reasonable professional standards described in Section 80-2-702. (3) The division shall make a written report of the division's preremoval investigation under Subsection (1)(a) that includes a determination regarding whether the alleged abuse or neglect in the report described in Subsection (1)(a) is supported, unsupported, or without merit. (4) The division: (a) shall use an interdisciplinary approach if appropriate in dealing with a report made under Section 80-2-602, 80-2-603, or 80-2-604; (b) in accordance with Section 80-2-706, shall convene a child protection team to assist the division in the division's protective, diagnostic, assessment, treatment, and coordination services; and (c) may include a member of the child protection team in the division's protective, diagnostic, assessment, treatment, or coordination services. (5) If a report of neglect is based on or includes an allegation of educational neglect, the division shall immediately consult with school authorities to verify the child's status in accordance with Sections 53G-6-201 through 53G-6-206. (6) Upon completion of the initial preremoval investigation under this section, the division shall give notice of the completion to the person who made the initial report described in Subsection (1)(a). (7) A division child welfare caseworker: (a) has authority to: (i) enter upon public or private premises, using appropriate legal processes; and (ii) to investigate a report of alleged child abuse or neglect, upon notice to a parent of the parent's rights under the Child Abuse Prevention and Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof; and (b) may take a child into protective custody in accordance with Chapter 2a, Removal and Protective Custody of a Child. (8) In a case, if law enforcement has investigated or is conducting an investigation of alleged abuse or neglect of a child, the division: (a) shall coordinate with law enforcement to ensure that there is an adequate safety plan to protect the child from further abuse or neglect; and (b) is not required to duplicate an aspect of the investigation that, in the division's determination, has been satisfactorily completed by law enforcement. (9) In a mutual case in which a child protection team is involved in the investigation of alleged abuse or neglect of a child, the division shall consult with the child protection team before closing the case.
Utah Code § 80-6-702 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-702
§ 80-6-702. Probation or protective supervision -- Conditions for probation.
Status: in_force

(1) If a minor is adjudicated under Section 80-6-701, the juvenile court may place the minor on probation, or under protective supervision in accordance with Subsection (3) if the minor is a child, in the minor's own home and upon conditions determined by the juvenile court, including community or compensatory service. (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.
Utah Code § 80-6-402 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-402
§ 80-6-402. Procedure -- Standard.
Status: in_force

(1) When a written motion is filed in accordance with Section 80-6-401 raising the issue of a minor's competency to proceed, or when the juvenile court raises the issue of a minor's competency to proceed, the juvenile court shall stay all proceedings under this chapter . (2) (a) If a motion for inquiry is opposed by either party, the juvenile court shall, before granting or denying the motion, hold a limited hearing solely for the purpose of determining the sufficiency of the motion. (b) If the juvenile court finds that the allegations of incompetency raise a bona fide doubt as to the minor's competency to proceed, the juvenile court shall: (i) enter an order for an evaluation of the minor's competency to proceed; and (ii) set a date for a hearing on the issue of the minor's competency. (3) (a) After the granting of a motion, and before a full competency hearing, the juvenile court may order the department to evaluate the minor and to report to the juvenile court concerning the minor's mental condition. (b) In accordance with state licensing laws, the court may only order the department to provide an initial evaluation and progress toward competency evaluation for a minor who is located within the state. (4) The minor shall be evaluated by a forensic evaluator who: (a) has experience in juvenile forensic evaluations and juvenile brain development; (b) if it becomes apparent that the minor is not competent due to an intellectual disability or related condition, has experience in intellectual disability or related conditions; and (c) is not involved in the current treatment of the minor. (5) The petitioner or other party, as directed by the juvenile court, shall provide all information and materials relevant to a determination of the minor's competency to the department within seven days of the juvenile court's order, including: (a) the motion; (b) the arrest or incident reports pertaining to the charged offense; (c) the minor's known delinquency history information; (d) the minor's probation record relevant to competency; (e) known prior mental health evaluations and treatments; and (f) consistent with 20 U.S.C. Sec. 1232g (b)(1)(E)(ii)(I), records pertaining to the minor's education. (6) (a) The minor's parent or guardian, the prosecuting attorney, the defense attorney, and the attorney guardian ad litem, shall cooperate, by executing releases of information when necessary, in providing the relevant information and materials to the forensic evaluator, including: (i) medical records; (ii) prior mental evaluations; or (iii) records of diagnosis or treatment of substance abuse disorders. (b) The minor shall cooperate, by executing a release of information when necessary, in providing the relevant information and materials to the forensic evaluator regarding records of diagnosis or treatment of a substance abuse disorder. (7) (a) In conducting the evaluation and in the report determining if a minor is competent to proceed, the forensic evaluator shall inform the juvenile court of the forensic evaluator's opinion whether: (i) the minor has a present ability to consult with counsel with a reasonable degree of rational understanding; and (ii) the minor has a rational as well as factual understanding of the proceedings. (b) In evaluating the minor, the forensic evaluator shall consider the minor's present ability to: (i) understand the charges or allegations against the minor; (ii) communicate facts, events, and states of mind; (iii) understand the range of possible penalties associated with the allegations against the minor; (iv) engage in reasoned choice of legal strategies and options; (v) understand the adversarial nature of the proceedings against the minor; (vi) manifest behavior sufficient to allow the juvenile court to proceed; (vii) testify relevantly; and (viii) any other factor determined to be relevant to the forensic evaluator. (8) (a) The forensic evaluator shall provide an initial report to the juvenile court, the prosecuting and defense attorneys, and the attorney guardian ad litem, if applicable, within 30 days of the receipt of the juvenile court's order. (b) If the forensic evaluator informs the juvenile court that additional time is needed, the juvenile court may grant, taking into consideration the custody status of the minor, up to an additional 15 days to provide the report to the juvenile court and counsel. (c) The forensic evaluator must provide the report within 45 days from the receipt of the juvenile court's order unless, for good cause shown, the juvenile court authorizes an additional period of time to complete the evaluation and provide the report. (d) The report shall inform the juvenile court of the forensic evaluator's opinion concerning the minor's competency. (9) If the forensic evaluator's opinion is that the minor is not competent to proceed, the report shall indicate: (a) the nature of the minor's: (i) mental illness; (ii) intellectual disability or related condition; or (iii) developmental immaturity; (b) the relationship of the minor's mental illness, intellectual disability, related condition, or developmental immaturity to the minor's incompetence; (c) whether there is a substantial likelihood that the minor may attain competency in the foreseeable future; (d) the amount of time estimated for the minor to achieve competency if the minor undergoes competency attainment treatment, including medication; (e) the sources of information used by the forensic evaluator; and (f) the basis for clinical findings and opinions. (10) Regardless of whether a minor consents to a competency evaluation, any statement made by the minor in the course of the competency evaluation, any testimony by the forensic evaluator based upon any statement made by the minor in the competency evaluation, and any other fruits of the statement made by the minor in the competency evaluation: (a) may not be admitted in evidence against the minor in a proceeding under this chapter, except the statement may be admitted on an issue respecting the mental condition on which the minor has introduced evidence; and (b) may be admitted where relevant to a determination of the minor's competency. (11) Before evaluating the minor for a competency evaluation, a forensic evaluator shall specifically advise the minor, and the minor's parent or guardian if reasonably available, of the limits of confidentiality as provided under Subsection (10). (12) When the report is received, the juvenile court shall set a date for a competency hearing that shall be held in not less than five and not more than 15 days, unless the juvenile court enlarges the time for good cause. (13) (a) A minor shall be presumed competent unless the juvenile court, by a preponderance of the evidence, finds the minor not competent to proceed. (b) The burden of proof is upon the proponent of incompetency to proceed. (14) (a) Following the hearing, the juvenile court shall determine by a preponderance of evidence whether the minor is: (i) competent to proceed; (ii) not competent to proceed with a substantial probability that the minor may attain competency in the foreseeable future; or (iii) not competent to proceed without a substantial probability that the minor may attain competency in the foreseeable future. (b) If the juvenile court enters a finding described in Subsection (14)(a)(i), the juvenile court shall proceed with the proceedings in the minor's case. (c) If the juvenile court enters a finding described in Subsection (14)(a)(ii), the juvenile court shall proceed in accordance with Section 80-6-403. (d) (i) If the juvenile court enters a finding described in Subsection (14)(a)(iii), the juvenile court shall terminate the competency proceeding, dismiss the charges against the minor without prejudice, and release the minor from any custody order related to the pending proceeding, unless the prosecutor informs the court that commitment proceedings will be initiated in accordance with: (A) Title 26B, Chapter 6, Part 6, Admission to an Intermediate Care Facility for People with an Intellectual Disability; (B) if the minor is 18 years old or older, Title 26B, Chapter 5, Part 3, Utah State Hospital and Other Mental Health Facilities; or (C) if the minor is a child, Title 26B, Chapter 5, Part 4, Commitment of Persons Under Age 18. (ii) The commitment proceedings described in Subsection (14)(d)(i) shall be initiated within seven days after the day on which the juvenile court enters the order under Subsection (14)(a), unless the court enlarges the time for good cause shown. (iii) The juvenile court may order the minor to remain in custody until the commitment proceedings have been concluded. (15) If the juvenile court finds the minor not competent to proceed, the juvenile court's order shall contain findings addressing each of the factors in Subsection (7)(b).
Utah Code § 80-5-302 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-302
§ 80-5-302. Juvenile Justice Reinvestment Restricted Account.
Status: in_force

(1) There is created in the General Fund a restricted account known as the "Juvenile Justice Reinvestment Restricted Account." (2) The account shall be funded by savings calculated from General Fund appropriations by the Division of Finance as described in Subsection (3). (3) At the end of the fiscal year, the Division of Finance shall: (a) use the formula established in Subsection 80-5-202(1)(c) to calculate the savings from General Fund appropriations; and (b) lapse the calculated savings into the account. (4) Upon appropriation by the Legislature, the department may expend funds from the account: (a) for the statewide expansion of nonresidential community-based programs, including: (i) receiving centers; (ii) mobile crisis outreach teams; (iii) youth courts under Title 80, Chapter 6, Part 9, Youth Court; and (iv) victim-offender mediation under Section 80-6-304 and Subsection 80-6-710(6); (b) for nonresidential evidence-based programs and practices in cognitive, behavioral, and family therapy; (c) to implement: (i) nonresidential diagnostic assessment; and (ii) nonresidential early intervention programs, including family strengthening programs, family wraparound services, and truancy interventions; or (d) for infrastructure in nonresidential evidence-based juvenile justice programs, including staffing and transportation.
Utah Code § 80-2-904 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-904
§ 80-2-904. Executive director authority under Article VII of Interstate Compact.
Status: in_force

(1) As used in Article VII of the Interstate Compact on the Placement of Children, "executive" means the executive director of the department. (2) The executive director of the department is authorized to appoint a compact administrator in accordance with the terms of Article VII of the compact.
Utah Code § 80-5-701 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-701
§ 80-5-701. Youth Parole Authority -- Creation -- Members.
Status: in_force

(1) There is created the Youth Parole Authority within the division. (2) (a) The authority is composed of 10 part-time members and five pro tempore members who are residents of this state. (b) No more than three pro tempore members may serve on the authority at any one time.
Utah Code § 80-6-1113 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1113
§ 80-6-1113. Article 12 -- Severability and construction.
Status: in_force

(1) The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is considered unenforceable, the remaining provisions of the compact shall be enforceable. (2) The provisions of this compact shall be liberally construed to effectuate its purposes.
Utah Code § 80-5-602 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-602
§ 80-5-602. Homeless youth -- Consent to shelter, care, or services by a homeless youth.
Status: in_force

(1) As used in this section: (a) "Care" means providing: (i) assistance to obtain food, clothing, hygiene products, or other basic necessities; (ii) access to a bed, showering facility, or transportation; or (iii) assistance with school enrollment or attendance. (b) "Licensed services" means a service provided by a temporary homeless youth shelter, a youth services center, or other facility that is licensed to provide the service to a homeless youth. (c) "Service" means: (i) youth services; (ii) child welfare or juvenile court case management or advocacy; (iii) aftercare services; or (iv) independent living skills training. (2) A homeless youth may consent to temporary shelter, care, or licensed services if the homeless youth: (a) is at least 15 years old; and (b) manages the homeless youth's own financial affairs, regardless of the source of income. (3) In determining consent under Subsection (2), a person may rely on the homeless youth's verbal or written statement describing the homeless youth's ability to consent to temporary shelter, care, or licensed services. (4) A person who provides shelter, care, or licensed services to a homeless youth who consents to the shelter, care, or licensed services under Subsection (2): (a) shall report to the division as required under Subsection 80-5-601(4); and (b) may provide the homeless youth a referral to temporary or permanent housing, employment resources, medical or dental providers, or counseling.
Utah Code § 80-6-301 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-301
§ 80-6-301. Referral to juvenile court.
Status: in_force

(1) Except as provided in Subsections (2) and (3), a peace officer, or a public official of the state, a county, a city, or a town charged with the enforcement of the laws of the state or local jurisdiction, shall file a formal referral with the juvenile court within 10 days after the day on which a minor is taken into temporary custody under Section 80-6-201. (2) If a minor is taken to a detention facility, a peace officer or a public official of the state, a county, a city, or a town charged with the enforcement of laws of the state or local jurisdiction shall file the formal referral with the juvenile court within 24 hours after the time in which the minor is taken into temporary custody under Section 80-6-201. (3) A peace officer, public official, school district, or school may only refer a minor to the juvenile court under Section 53G-8-211 for an offense, or for being a habitual truant, if the offense or habitual truancy is subject to referral as described in Section 53G-8-211.
Utah Code § 80-3-406 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-406
§ 80-3-406. Permanency plan -- Reunification services.
Status: in_force

(1) If the juvenile court orders continued removal at the dispositional hearing under Section 80-3-402, and that the minor remain in the custody of the division, the juvenile court shall first: (a) establish a primary permanency plan and a concurrent permanency plan for the minor in accordance with this section; and (b) determine whether, in view of the primary permanency plan, reunification services are appropriate for the minor and the minor's family under Subsections (5) through (8). (2) (a) The concurrent permanency plan shall include: (i) a representative list of the conditions under which the primary permanency plan will be abandoned in favor of the concurrent permanency plan; and (ii) an explanation of the effect of abandoning or modifying the primary permanency plan. (b) In determining the primary permanency plan and concurrent permanency plan, the juvenile court shall consider: (i) the preference for kinship placement over nonkinship placement, including the rebuttable presumption described in Subsection 80-3-302(7)(a); (ii) the potential for a guardianship placement if parental rights are terminated and no appropriate adoption placement is available; and (iii) the use of an individualized permanency plan, only as a last resort. (3) (a) The juvenile court may amend a minor's primary permanency plan before the establishment of a final permanency plan under Section 80-3-409. (b) The juvenile court is not limited to the terms of the concurrent permanency plan in the event that the primary permanency plan is abandoned. (c) If, at any time, the juvenile court determines that reunification is no longer a minor's primary permanency plan, the juvenile court shall conduct a permanency hearing in accordance with Section 80-3-409 on or before the earlier of: (i) 30 days after the day on which the juvenile court makes the determination described in this Subsection (3)(c); or (ii) the day on which the provision of reunification services, described in Section 80-3-409, ends. (4) (a) Because of the state's interest in and responsibility to protect and provide permanency for minors who are abused, neglected, or dependent, the Legislature finds that a parent's interest in receiving reunification services is limited. (b) The juvenile court may determine that: (i) efforts to reunify a minor with the minor's family are not reasonable or appropriate, based on the individual circumstances; and (ii) reunification services should not be provided. (c) In determining reasonable efforts to be made with respect to a minor, and in making reasonable efforts, the juvenile court and the division shall consider the minor's health, safety, and welfare as the paramount concern. (d) Subject to Subsection (4)(e), the juvenile court may not determine that reunification services should not be provided solely on the basis of a parent's agreement or disagreement with the minor's: (i) assertion that the minor's gender identity is different from the minor's biological sex; (ii) practice of having or expressing a different gender identity than the child's biological sex; or (iii) sexual orientation. (e) Subsection (4)(d) does not preclude the juvenile court from determining that reunification services should not be provided if the parent's agreement or disagreement with a minor as described in Subsection (4)(d) results in or is related to harm, as that term is defined in Section 80-1-102, to the minor. (5) There is a presumption that reunification services should not be provided to a parent if the juvenile court finds, by clear and convincing evidence, that any of the following circumstances exist: (a) the whereabouts of the parents are unknown, based on a verified affidavit indicating that a reasonably diligent search has failed to locate the parent; (b) subject to Subsection (6)(a), the parent is suffering from a mental illness of such magnitude that the mental illness renders the parent incapable of utilizing reunification services; (c) the minor was previously adjudicated as an abused child due to physical abuse, sexual abuse, or sexual exploitation, and following the adjudication the child: (i) was removed from the custody of the minor's parent; (ii) was subsequently returned to the custody of the parent; and (iii) is being removed due to additional physical abuse, sexual abuse, or sexual exploitation; (d) the parent: (i) caused the death of another minor through abuse or neglect; (ii) committed, aided, abetted, attempted, conspired, or solicited to commit: (A) murder or manslaughter of a minor; or (B) child abuse homicide; (iii) committed sexual abuse against the minor; (iv) is a sex offender under Subsection 53-29-202(2)(b); or (v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the minor; (B) is identified by a law enforcement agency as the primary suspect in an investigation for intentionally, knowingly, or recklessly causing the death of another parent of the minor; or (C) is being prosecuted for or has been convicted of intentionally, knowingly, or recklessly causing the death of another parent of the minor; (e) the minor suffered severe abuse by the parent or by any individual known by the parent if the parent knew or reasonably should have known that the individual was abusing the minor; (f) the minor is adjudicated as an abused minor as a result of severe abuse by the parent, and the juvenile court finds that it would not benefit the minor to pursue reunification services with the offending parent; (g) the parent's rights are involuntarily terminated with regard to any other minor; (h) the minor was removed from the minor's home on at least two previous occasions and reunification services were offered or provided to the family at those times; (i) the parent has abandoned the minor for a period of six months or longer; (j) the parent permitted the minor to reside, on a permanent or temporary basis, at a location where the parent knew or should have known that a clandestine laboratory operation was located; (k) except as provided in Subsection (6)(b), with respect to a parent who is the minor's birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was exposed to an illegal or prescription drug that was abused by the minor's mother while the minor was in utero, if the minor was taken into division custody for that reason, unless the mother agrees to enroll in, is currently enrolled in, or has recently and successfully completed a substance use disorder treatment program approved by the department; or (l) subject to Subsection (4)(d), the parent has subjected the minor to aggravated circumstances, including: (i) a severe type of child abuse or neglect; (ii) torture; or (iii) human trafficking of a child as described in Section 76-5-308.5 or 76-5-308.6. (6) (a) The juvenile court shall base the finding under Subsection (5)(b) on competent evidence from at least two medical or mental health professionals, who are not associates, establishing that, even with the provision of services, the parent is not likely to be capable of adequately caring for the minor within 12 months after the day on which the juvenile court finding is made. (b) The juvenile court may disregard the provisions of Subsection (5)(k) if the juvenile court finds, under the circumstances of the case, that the substance use disorder treatment described in Subsection (5)(k) is not warranted. (7) In determining whether reunification services are appropriate, the juvenile court shall take into consideration: (a) failure of the parent to respond to previous services or comply with a previous child and family plan; (b) the fact that the minor was abused while the parent was under the influence of drugs or alcohol; (c) any history of violent behavior directed at the minor or an immediate family member; (d) the circumstances under which the parent's rights were voluntarily terminated with regard to any other minor; (e) whether a parent continues to live with an individual who abused the minor; (f) any patterns of the parent's behavior that have exposed the minor to repeated abuse; (g) testimony by a competent professional that the parent's behavior is unlikely to be successful; and (h) whether the parent has expressed an interest in reunification with the minor. (8) If, under Subsections (5)(b) through (l), the juvenile court does not order reunification services, a permanency hearing shall be conducted within 30 days in accordance with Section 80-3-409. (9) (a) Subject to Subsections (9)(b) through (e), if the juvenile court determines that reunification services are appropriate for the minor and the minor's family, the juvenile court shall provide for reasonable parent-time with the parent or parents from whose custody the minor was removed, unless parent-time is not in the best interest of the minor. (b) Parent-time is in the best interests of a minor unless the juvenile court makes a finding that it is necessary to deny parent-time in order to: (i) protect the physical safety of the minor; (ii) protect the life of the minor; or (iii) prevent the minor from being traumatized by contact with the parent due to the minor's fear of the parent in light of the nature of the alleged abuse or neglect. (c) Notwithstanding Subsection (9)(a), a juvenile court may not deny parent-time based solely on a parent's failure to: (i) prove that the parent has not used legal or illegal substances; or (ii) comply with an aspect of the child and family plan that is ordered by the juvenile court. (d) Parent-time shall be under the least restrictive conditions necessary to: (i) protect the physical safety of the child; or (ii) prevent the child from being traumatized by contact with the parent due to the minor's fear of the parent in light of the nature of the alleged abuse or neglect. (e) (i) The division or the person designated by the division or a court to supervise a parent-time session may deny parent-time for the session if the division or the supervising person determines that, based on the parent's condition, it is necessary to deny parent-time to: (A) protect the physical safety of the child; (B) protect the life of the child; or (C) consistent with Subsection (9)(e)(ii), prevent the child from being traumatized by contact with the parent. (ii) In determining whether the condition of the parent described in Subsection (9)(e)(i) will traumatize a child, the division or the person supervising the parent-time session shall consider the impact that the parent's condition will have on the child in light of: (A) the child's fear of the parent; and (B) the nature of the alleged abuse or neglect. (10) (a) If the juvenile court determines that reunification services are appropriate, the juvenile court shall order that the division make reasonable efforts to provide services to the minor and the minor's parent for the purpose of facilitating reunification of the family, for a specified period of time. (b) In providing the services described in Subsection (10)(a), the juvenile court and the division shall consider the minor's health, safety, and welfare as the paramount concern. (11) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved: (a) the juvenile court does not have any duty to order reunification services; and (b) the division does not have a duty to make reasonable efforts to or in any other way attempt to provide reunification services or attempt to rehabilitate the offending parent or parents. (12) (a) The juvenile court shall: (i) determine whether the services offered or provided by the division under the child and family plan constitute reasonable efforts on the part of the division; (ii) determine and define the responsibilities of the parent under the child and family plan in accordance with Subsection 80-3-307(5)(g)(iii); and (iii) identify verbally on the record, or in a written document provided to the parties, the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future determination regarding the provision of reasonable efforts, in accordance with state and federal law. (b) If the parent is in a substance use disorder treatment program, other than a certified drug court program, the juvenile court may order the parent: (i) to submit to supplementary drug or alcohol testing, in accordance with Subsection 80-3-110(6), in addition to the testing recommended by the parent's substance use disorder program based on a finding of reasonable suspicion that the parent is abusing drugs or alcohol; and (ii) to provide the results of drug or alcohol testing recommended by the substance use disorder program to the juvenile court or division. (13) (a) The time period for reunification services may not exceed 12 months from the day on which the minor was initially removed from the minor's home, unless the time period is extended under Subsection 80-3-409(7). (b) This section does not entitle any parent to an entire 12 months of reunification services. (14) (a) If reunification services are ordered, the juvenile court may terminate those services at any time. (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined to be inconsistent with the final permanency plan for the minor established under Section 80-3-409, then measures shall be taken, in a timely manner, to: (i) place the minor in accordance with the final permanency plan; and (ii) complete whatever steps are necessary to finalize the permanent placement of the minor. (15) Any physical custody of the minor by the parent or a relative during the period described in Subsections (10) through (14) does not interrupt the running of the period. (16) (a) If reunification services are ordered, the juvenile court shall conduct a permanency hearing in accordance with Section 80-3-409 before the day on which the time period for reunification services expires. (b) The permanency hearing shall be held no later than 12 months after the original removal of the minor. (c) If reunification services are not ordered, a permanency hearing shall be conducted within 30 days in accordance with Section 80-3-409. (17) With regard to a minor in the custody of the division whose parent or parents are ordered to receive reunification services but who have abandoned that minor for a period of six months from the day on which reunification services are ordered: (a) the juvenile court shall terminate reunification services; and (b) the division shall petition the juvenile court for termination of parental rights. (18) When a minor is under the custody of the division and has been separated from a sibling due to foster care or adoptive placement, a juvenile court may order sibling visitation, subject to the division obtaining consent from the sibling's guardian, according to the juvenile court's determination of the best interests of the minor for whom the hearing is held. (19) (a) If reunification services are not ordered under this section, and the whereabouts of a parent becomes known within six months after the day on which the out-of-home placement of the minor is made, the juvenile court may order the division to provide reunification services. (b) The time limits described in this section are not tolled by the parent's absence. (20) (a) If a parent is incarcerated or institutionalized, the juvenile court shall order reasonable services unless the juvenile court determines that those services would be detrimental to the minor. (b) In making the determination described in Subsection (20)(a), the juvenile court shall consider: (i) the age of the minor; (ii) the degree of parent-child bonding; (iii) the length of the sentence; (iv) the nature of the treatment; (v) the nature of the crime or illness; (vi) the degree of detriment to the minor if services are not offered; (vii) for a minor who is 10 years old or older, the minor's attitude toward the implementation of family reunification services; and (viii) any other appropriate factors. (c) Reunification services for an incarcerated parent are subject to the time limitations imposed in this section. (d) Reunification services for an institutionalized parent are subject to the time limitations imposed in this section, unless the juvenile court determines that continued reunification services would be in the minor's best interest.
Utah Code § 80-6-710 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-710
§ 80-6-710. Determination of restitution -- Requirements.
Status: in_force

(1) If a minor is adjudicated under Section 80-6-701, the juvenile court may order the minor to repair, replace, or otherwise make restitution for: (a) material loss caused by an offense listed in the petition; or (b) conduct for which the minor agrees to make restitution. (2) Within seven days after the day on which a petition is filed under this chapter, the prosecuting attorney or a juvenile probation officer shall provide notification of the restitution process to all reasonably identifiable and locatable victims of an offense listed in the petition. (3) A victim that receives notice under Subsection (2) is responsible for providing the prosecuting attorney with: (a) all invoices, bills, receipts, and any other evidence of the injury or out-of-pocket loss; (b) all documentation of any compensation or reimbursement from an insurance company or a local, state, or federal agency that is related to the injury or out-of-pocket loss; (c) if available, the victim's proof of identification, including the victim's date of birth, social security number, or driver license number; and (d) the victim's contact information, including the victim's current home and work address and telephone number. (4) (a) A prosecuting attorney, or a victim's attorney, shall make a request for an order for restitution in the juvenile court: (i) if feasible, at the time of disposition; or (ii) within 90 days after disposition. (b) If a prosecuting attorney's request for restitution includes an amount that is less than the amount requested by the victim, the prosecuting attorney shall include a copy of the victim's request with the prosecuting attorney's request. (c) A written request for an order for restitution under Subsection (4)(a) shall be served on all parties to the minor's case. (5) In an order for restitution under Subsection (1), the juvenile court: (a) shall only order restitution for the victim's material loss; (b) may not order restitution if the juvenile court finds that the minor is unable to pay or acquire the means to pay; (c) shall take into account: (i) the minor's ability to satisfy the restitution order within six months from the day on which restitution is ordered; or (ii) if the minor participates in a restorative justice program under Subsection (6), the amount or conditions of restitution agreed upon by the minor and the victim of the adjudicated offense; (d) shall credit any amount paid by the minor to the victim in a civil suit against restitution owed by the minor; and (e) shall credit any amount paid to the victim in restitution against liability in a civil suit. (6) If the minor and the victim of the adjudicated offense agree to participate, the juvenile court may refer the minor's case to a restorative justice program, such as victim offender mediation, to address how loss resulting from the adjudicated offense may be addressed. (7) (a) The juvenile court may require a minor to reimburse an individual, entity, or governmental agency who offered and paid a reward to a person for providing information resulting in an adjudication of a minor for the commission of an offense. (b) If a minor is returned to this state in accordance with Part 11, Interstate Compact for Juveniles, the juvenile court may order the minor to make restitution for costs expended by any governmental entity for the return of the minor.
Utah Code § 80-6-1004.3 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1004.3
§ 80-6-1004.3. Petition to expunge arrest, investigation, detention, or delinquency petition -- Screening -- Order.
Status: in_force

(1) An individual may petition the juvenile court for an order to expunge the individual's juvenile record if: (a) the individual's juvenile record consists solely of records of arrest, investigation, detention, or petitions that did not result in adjudication; (b) the individual was not adjudicated for an offense in the juvenile court; and (c) the individual has reached 18 years old. (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection (1), the petition shall include a criminal history report obtained from the Bureau of Criminal Identification in accordance with Section 53-10-108. (3) If the juvenile court finds and states on the record the reason why the waiver is appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a petition. (4) (a) Upon the filing of a petition described in Subsection (1), the juvenile court shall notify the prosecuting attorney that the petition has been filed. (b) Within 30 days after the day on which the notification is sent under Subsection (4)(a), the prosecuting attorney shall respond to the petition stating whether the petitioner meets the requirements for expungement under this section. (5) Except as provided in Subsection (6), the juvenile court shall grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record if each case identified in the petition: (a) has been screened by the investigating law enforcement agency and the prosecuting attorney has determined that no charges will be filed against the individual; (b) resulted in all charges in the case being dismissed with prejudice; (c) resulted in all charges in the case being dismissed without prejudice or without condition and the prosecuting attorney consents to the expungement; or (d) is barred from prosecution by the statute of limitations. (6) The juvenile court may not grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record if there are delinquency or criminal proceedings pending against the petitioner.
Utah Code § 80-6-608 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-608
§ 80-6-608. When photographs, fingerprints, or HIV infection tests may be taken -- Distribution -- DNA collection -- Reimbursement.
Status: in_force

(1) The division shall take a photograph and fingerprints of a minor who is: (a) 14 years old or older at the time of the alleged commission of an offense that would be a felony if the minor were 18 years old or older; and (b) admitted to a detention facility for the alleged commission of the offense. (2) The juvenile court shall order a minor who is 14 years old or older at the time that the minor is alleged to have committed an offense described in Subsection (2)(a) or (b) to have the minor's fingerprints taken at a detention facility or a local law enforcement agency if the minor is: (a) adjudicated for an offense that would be a class A misdemeanor if the minor were 18 years old or older; or (b) adjudicated for an offense that would be a felony if the minor were 18 years old or older and the minor was not admitted to a detention facility. (3) The juvenile court shall take a photograph of a minor who is: (a) 14 years old or older at the time the minor was alleged to have committed an offense that would be a felony or a class A misdemeanor if the minor were 18 years old or older; and (b) adjudicated for the offense described in Subsection (3)(a). (4) If a minor's fingerprints are taken under this section, the minor's fingerprints shall be forwarded to the Bureau of Criminal Identification and may be stored by electronic medium. (5) Except for an offense under Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420, HIV testing shall be conducted on a minor who is taken into custody after having been adjudicated for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, upon the request of: (a) the victim; (b) the parent or guardian of a victim who is younger than 14 years old; or (c) the guardian of the alleged victim if the victim is a vulnerable adult as defined in Section 26B-6-201. (6) Except for an offense under Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420, HIV testing shall be conducted on a minor against whom a petition has been filed or a pickup order has been issued for the commission of any offense under Title 76, Chapter 5, Part 4, Sexual Offenses: (a) upon the request of: (i) the victim; (ii) the parent or guardian of a victim who is younger than 14 years old; or (iii) the guardian of the alleged victim if the victim is a vulnerable adult as defined in Section 26B-6-201; and (b) in which: (i) the juvenile court has signed an accompanying arrest warrant, pickup order, or any other order based upon probable cause regarding the alleged offense; and (ii) the juvenile court has found probable cause to believe that the alleged victim has been exposed to HIV infection as a result of the alleged offense. (7) HIV tests, photographs, and fingerprints may not be taken of a child who is younger than 14 years old without the consent of the juvenile court. (8) (a) Photographs taken under this section may be distributed or disbursed to: (i) state and local law enforcement agencies; (ii) the judiciary; and (iii) the division. (b) Fingerprints may be distributed or disbursed to: (i) state and local law enforcement agencies; (ii) the judiciary; (iii) the division; and (iv) agencies participating in the Western Identification Network. (9) (a) A DNA specimen shall be obtained from a minor who is adjudicated by the juvenile court as described in Subsection 53-10-403(1)(e). (b) The DNA specimen shall be obtained, in accordance with Subsection 53-10-404(4), by: (i) designated employees of the juvenile court; or (ii) if the minor is committed to the division, designated employees of the division. (c) The responsible agency under Subsection (9)(b) shall ensure that an employee designated to collect the saliva DNA specimens receives appropriate training and that the specimens are obtained in accordance with accepted protocol. (d) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNA Specimen Restricted Account created in Section 53-10-407. (e) Payment of the reimbursement is second in priority to payments the minor is ordered to make for restitution under Section 80-6-710 and for treatment ordered under Section 80-3-403.
Utah Code § 80-2-903 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-903
§ 80-2-903. Director authority under Article V of Interstate Compact.
Status: in_force

As used in Paragraph (1) of Article V of the Interstate Compact on the Placement of Children, "appropriate authority in the receiving state," with reference to this state, means the director of the division.
Utah Code § 80-2a-301 — Utah Code / Title 80 / Chapter 80-2a / § 80-2a-301
§ 80-2a-301. Division's emergency placement of a child -- Background checks.
Status: in_force

(1) The division may place a child in an emergency placement if: (a) the child welfare caseworker makes the determination that: (i) the child's home is unsafe; (ii) removal is necessary under Section 80-2a-202; and (iii) the child's custodial parent or guardian will agree to not remove the child from the home of the individual that serves as the placement and not have any contact with the child until after the time at which the shelter hearing is held under Section 80-3-301; (b) an individual, with preference being given in accordance with Subsection (4), can be identified who has the ability and is willing to provide care for the child who would otherwise be placed in shelter care, including: (i) taking the child to medical, mental health, dental, and educational appointments at the request of the division; and (ii) making the child available to division services and the guardian ad litem; and (c) the individual described in Subsection (1)(b) agrees to care for the child on an emergency basis under the following conditions: (i) the individual meets the criteria for an emergency placement under Subsection (2); (ii) the individual agrees to not allow the custodial parent or guardian to have any contact with the child until after the time at which the shelter hearing is held unless authorized by the division in writing; (iii) the individual agrees to contact law enforcement and the division if the custodial parent or guardian attempts to make unauthorized contact with the child; (iv) the individual agrees to allow the division and the child's guardian ad litem to have access to the child; (v) the individual is informed and understands that the division may continue to search for other possible placements for long-term care of the child, if needed; (vi) the individual is willing to assist the custodial parent or guardian in reunification efforts at the request of the division, and to follow all court orders; and (vii) the child is comfortable with the individual. (2) Except as provided in Subsection (4), before the day on which the division places a child in an emergency placement, the division: (a) may request the name of a reference and may contact the reference to determine whether: (i) the individual identified as a reference would place a child in the home of the emergency placement; and (ii) there are any other relatives or friends to consider as a possible emergency or long-term placement for the child; (b) in accordance with Subsection (4)(a), shall have the custodial parent or guardian sign an emergency placement agreement form during the investigation described in Subsection (2)(a); (c) (i) if the emergency placement will be with a relative, shall comply with the background check provisions described in Subsection (6); or (ii) if the emergency placement will be with an individual other than a noncustodial parent or relative, shall comply with the background check provisions described in Subsection (7) for adults living in the household where the child will be placed; (d) shall complete a limited home inspection of the home where the emergency placement is made; and (e) shall require the child welfare caseworker to have the emergency placement approved by a supervisor designated by the division. (3) (a) The division shall apply the following order of preference when determining the person with whom a child will be placed in an emergency placement, provided that the individual is able and willing to care for the child: (i) a noncustodial parent of the child in accordance with Section 80-3-302; (ii) a relative; (iii) subject to Subsection (3)(b), a friend designated by the custodial parent, guardian, or the child, if the child is of sufficient maturity to articulate the child's wishes in relation to a placement; (iv) a former foster placement designated by the division; (v) a foster placement, that is not a former foster placement, designated by the division; and (vi) a shelter facility designated by the division. (b) In determining whether a friend is a willing and appropriate temporary emergency placement for a child, the division: (i) subject to Subsections (3)(b)(ii) through (iv), shall consider the child's preferences or level of comfort with the friend; (ii) is required to consider no more than one friend designated by each parent or legal guardian of the child and one friend designated by the child, if the child is of sufficient maturity to articulate the child's wishes in relation to a placement; (iii) may limit the number of designated friends to two, one of whom shall be a friend designated by the child, if the child is of sufficient maturity to articulate the child's wishes in relation to a placement; and (iv) shall give preference to a friend designated by the child, if: (A) the child is of sufficient maturity to articulate the child's wishes; and (B) the division's basis for removing the child under Section 80-2a-202 is sexual abuse of the child. (4) (a) The division may, pending the outcome of the investigation described in Subsections (4)(b) and (c), place a child in emergency placement with the child's noncustodial parent if, based on a limited investigation before the day on which the division makes the emergency placement, the division: (i) determines that the noncustodial parent has regular, unsupervised visitation with the child that is not prohibited by law or court order; (ii) determines that there is not reason to believe that the child's health or safety will be endangered during the emergency placement; and (iii) has the custodial parent or guardian sign an emergency placement agreement. (b) Either before or after the day on which the division makes an emergency placement with the noncustodial parent of the child, the division may conduct the investigation described in Subsection (2)(a) in relation to the noncustodial parent. (c) Before, or within one day, excluding weekends and holidays, after the day on which the division places a child in an emergency placement with the noncustodial parent of the child, the division shall conduct a limited: (i) background check of the noncustodial parent, under Subsection (6); and (ii) inspection of the home where the emergency placement is made. (5) After an emergency placement, the child welfare caseworker must: (a) respond to the emergency placement's calls within one hour after the call is received if the custodial parent or guardian attempts to make unauthorized contact with the child or attempts to remove the child from the emergency placement; (b) complete all removal paperwork, including the notice provided to the child's custodial parent or guardian under Section 80-3-301; (c) if the child is not placed with a noncustodial parent, relative, or friend, file a report with the child welfare caseworker's supervisor that explains why a different placement is in the child's best interest; (d) contact the attorney general to schedule a shelter hearing; (e) complete the placement procedures required in Section 80-3-302; and (f) continue to search for other relatives as a possible long-term placement for the child, if needed. (6) (a) The background check described in Subsections (2)(c)(i) and (4)(c)(i) shall include completion of: (i) a name-based, Utah Bureau of Criminal Identification background check; and (ii) a search of the Management Information System. (b) The division shall determine whether an individual passes the background check described in Subsection (6)(a) in accordance with Section 26B-2-120. (c) Notwithstanding Subsection (6)(b), the division may not place a child with an individual who is prohibited by court order from having access to the child. (7) (a) The background check described in Subsection (2)(c)(ii) shall include completion of: (i) a name-based, Utah Bureau of Criminal Identification background check; (ii) a federal name-based criminal background check; and (iii) a search of the Management Information System. (b) The division shall determine whether an individual passes the background check described in Subsection (7)(a) in accordance with Section 26B-2-120. (c) If the division denies placement of a child as a result of a name-based criminal background check described in Subsection (7)(a), and the individual contests the denial, the individual shall submit a complete set of fingerprints with written permission to the Utah Bureau of Criminal Identification for submission to the Federal Bureau of Investigation for a fingerprint-based criminal background check. (d) (i) Within 15 calendar days after the day on which the name-based background checks are completed, the division shall require the individual to provide a complete set of fingerprints with written permission to the Utah Bureau of Criminal Identification for submission to the Federal Bureau of Investigation for a fingerprint-based criminal background check. (ii) If the individual fails to provide the fingerprints and written permission described in Subsection (7)(d)(i), the child shall immediately be removed from the child's home.
Utah Code § 80-3-103 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-103
§ 80-3-103. Nature of proceedings -- Rules of procedure -- Ex parte communications.
Status: in_force

(1) The proceedings under this chapter are civil in nature and are governed by the Utah Rules of Civil Procedure and the Utah Rules of Juvenile Procedure. (2) Any unauthorized ex parte communication concerning a pending case between a judge and a party to an abuse, neglect, or dependency proceeding shall be recorded for subsequent review, if necessary, by the Judicial Conduct Commission.
Utah Code § 80-6-504 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-504
§ 80-6-504. Preliminary hearing -- Grounds for transfer -- Detention of a minor bound over to the district court.
Status: in_force

(1) If a prosecuting attorney files a criminal information in accordance with Section 80-6-503 , the juvenile court shall conduct a preliminary hearing to determine whether a minor should be bound over to the district court for a qualifying offense. (2) At the preliminary hearing under Subsection (1), the prosecuting attorney shall have the burden of establishing: (a) probable cause to believe that a qualifying offense was committed and the minor committed that offense; and (b) by a preponderance of the evidence, that it is contrary to the best interests of the minor and the public for the juvenile court to retain jurisdiction over the offense. (3) In making a determination under Subsection (2)(b), the juvenile court shall consider and make findings on: (a) the seriousness of the qualifying offense and whether the protection of the community requires that the minor is detained beyond the amount of time allowed under Subsection 80-6-802(1) , or beyond the age of continuing jurisdiction that the juvenile court may exercise under Section 80-6-605 ; (b) the extent to which the minor's actions in the qualifying offense were committed in an aggressive, violent, premeditated, or willful manner; (c) the minor's mental, physical, educational, trauma, and social history; (d) the criminal record or history of the minor; and (e) the likelihood of the minor's rehabilitation by the use of services and facilities that are available to the juvenile court. (4) The amount of weight that each factor in Subsection (3) is given is in the juvenile court's discretion. (5) (a) The juvenile court may consider any written report or other material that relates to the minor's mental, physical, educational, trauma, and social history. (b) Upon request by the minor, the minor's parent, guardian, or other interested party, the juvenile court shall require the person preparing the report, or other material, under Subsection (5)(a) to appear and be subject to direct and cross-examination. (6) At the preliminary hearing under Subsection (1), a minor may testify under oath, call witnesses, cross-examine witnesses, and present evidence on the factors described in Subsection (3). (7) (a) A proceeding before the juvenile court related to a charge filed under this part shall be conducted in conformity with the Utah Rules of Juvenile Procedure. (b) Sections 80-6-602, 80-6-603, and 80-6-604 are applicable to the preliminary hearing under this section. (8) If the juvenile court finds that the prosecuting attorney has met the burden of proof under Subsection (2), the juvenile court shall bind the minor over to the district court to be held for trial. (9) (a) If the juvenile court finds that a qualifying offense has been committed by a minor, but the prosecuting attorney has not met the burden of proof under Subsection (2)(b), the juvenile court shall: (i) proceed upon the criminal information as if the information were a petition under Section 80-6-305 ; (ii) release or detain the minor in accordance with Section 80-6-207 ; and (iii) proceed with an adjudication for the minor in accordance with this chapter. (b) If the juvenile court finds that the prosecuting attorney has not met the burden under Subsection (2) to bind a minor over to the district court, the prosecuting attorney may file a motion to extend the juvenile court's continuing jurisdiction over the minor's case until the minor is 25 years old in accordance with Section 80-6-605. (10) (a) A prosecuting attorney may charge a minor with a separate offense in the same criminal information as the qualifying offense if the qualifying offense and separate offense arise from a single criminal episode. (b) If the prosecuting attorney charges a minor with a separate offense as described in Subsection (10)(a): (i) the prosecuting attorney shall have the burden of establishing probable cause to believe that the separate offense was committed and the minor committed the separate offense; and (ii) if the prosecuting attorney establishes probable cause for the separate offense under Subsection (10)(b)(i) and the juvenile court binds the minor over to the district court for the qualifying offense, the juvenile court shall also bind the minor over for the separate offense to the district court. (11) If a grand jury indicts a minor for a qualifying offense: (a) the prosecuting attorney does not need to establish probable cause under Subsection (2)(a) for the qualifying offense and any separate offense included in the indictment; and (b) the juvenile court shall proceed with determining whether the minor should be bound over to the district court for the qualifying offense and any separate offense included in the indictment in accordance with Subsections (2)(b) and (3). (12) (a) If a minor is bound over to the district court, the juvenile court shall: (i) issue a criminal warrant of arrest for the minor to be held in a detention facility; (ii) advise the minor of the right to bail; and (iii) issue a pretrial status order, as defined in Section 77-20-102, for the minor in accordance with Section 77-20-205. (b) Except for Sections 77-20-202, 77-20-203, and 77-20-204, the provisions of Title 77, Chapter 20, Bail, shall apply to the release or detention of a minor bound over to the district court by the juvenile court. (13) If the juvenile court orders the minor to be detained until the time of trial: (a) the minor shall be held in a detention facility, except that a minor who is subject to the authority of the Board of Pardons and Parole may not be held in a detention facility; and (b) the minor shall remain in the detention facility: (i) until released by a district court; or (ii) if convicted, until sentencing. (14) (a) If a minor is held in a detention facility under Subsection (13) and the minor attains the age of 25 years old while detained at the detention facility, the minor shall: (i) be transferred within 30 days to an adult jail; and (ii) remain in the adult jail until: (A) released by the district court; or (B) if convicted, sentencing. (b) Subsection (14)(a) applies to any minor being held in a detention facility as described in Subsection (13) on or after May 4, 2022.
Utah Code § 80-6-1004.5 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1004.5
§ 80-6-1004.5. Automatic expungement of successful nonjudicial adjustment -- Effect of successful nonjudicial adjustment.
Status: in_force

(1) Except as provided in Subsection (2), the juvenile court shall issue, without a petition, an order to expunge an individual's juvenile record if: (a) the individual has reached 18 years old; (b) the individual's juvenile record consists solely of nonjudicial adjustments; (c) the individual has successfully completed each nonjudicial adjustment; and (d) all nonjudicial adjustments were completed on or after October 1, 2023. (2) An individual's juvenile record is not eligible for expungement under Subsection (1) if the individual's juvenile record contains a nonjudicial adjustment for a violation of: (a) Section 41-6a-502, driving under the influence; (b) Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury; (c) Section 76-5-206, negligent homicide; (d) Section 76-5-418, sexual battery; (e) Section 76-11-205, carrying a dangerous weapon at an elementary school or secondary school; (f) Section 76-11-206, carrying a dangerous weapon at a daycare; or (g) Section 76-11-211, possession of a dangerous weapon by a minor. (3) If an individual's juvenile record consists solely of nonjudicial adjustments that were completed before October 1, 2023: (a) any nonjudicial adjustment in the individual's juvenile record is considered to never have occurred if: (i) the individual has reached 18 years old; (ii) the individual has satisfied restitution that was a condition of any nonjudicial adjustment in the individual's juvenile record; and (iii) the nonjudicial adjustment was for an offense that is not an offense described in Subsection (2); and (b) the individual may reply to any inquiry about the nonjudicial adjustment as though there never was a nonjudicial adjustment.
Utah Code § 80-3-502 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-502
§ 80-3-502. Review of foster care removal -- Foster parent's standing.
Status: in_force

(1) With regard to a minor in the custody of the division who is the subject of a petition alleging abuse, neglect, or dependency, and who has been placed in foster care with a foster family, the Legislature finds that: (a) except with regard to the minor's parents, a foster family has a very limited but recognized interest in its familial relationship with the minor; and (b) minors in the custody of the division are experiencing multiple changes in foster care placements with little or no documentation, and that numerous studies of child growth and development emphasize the importance of stability in foster care living arrangements. (2) For the reasons described in Subsection (1), the Legislature finds that, except with regard to the minor's parents, procedural due process protections must be provided to a foster family prior to removal of a foster minor from the foster home. (3) (a) A foster parent who has had a foster minor in the foster parent's home for 12 months or longer may petition the juvenile court for a review and determination of the appropriateness of a decision by the division to remove the minor from the foster home, unless the removal was for the purpose of: (i) returning the minor to the minor's parent or legal guardian; (ii) immediately placing the minor in an approved adoptive home; (iii) placing the minor with a relative who obtained custody or asserted an interest in the minor within the preference period described in Subsection 80-3-302(8); or (iv) placing an Indian child in accordance with placement preferences and other requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915. (b) The foster parent may petition the juvenile court under this section without exhausting administrative remedies within the division. (c) The juvenile court may order the division to place the minor in a specified home, and shall base the juvenile court's determination on the best interest of the minor. (4) The requirements of this section do not apply to the removal of a minor based on a foster parent's request for that removal.
Utah Code § 80-6-501 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-501
§ 80-6-501. Definitions.
Status: in_force

As used in this part: (1) "Minor" means: (a) an individual: (i) who is at least 18 years old and younger than 25 years old; and (ii) whose case is under the jurisdiction of the juvenile court; or (b) an individual: (i) who is younger than 21 years old; (ii) who is charged with, or convicted of, an offense under Section 80-6-502 or 80-6-503; and (iii) whose case is under the jurisdiction of the district court. (2) "Qualifying offense" means an offense described in Section 80-6-503. (3) "Separate offense" means any offense that is not a qualifying offense.
Utah Code § 80-5-401 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-401
§ 80-5-401. Youth services for prevention and early intervention -- Program standards -- Program services.
Status: in_force

(1) The division shall establish and operate prevention and early intervention youth services programs which shall include evidence-informed and research-informed interventions to: (a) help youth and families avoid entry into the juvenile justice system; and (b) improve attendance and academic achievement. (2) The division shall adopt statewide policies and procedures, including minimum standards for the organization and operation of youth services programs. (3) The division shall establish housing, programs, and procedures to ensure that minors who are receiving services under this section and who are not committed to the division are served separately from minors who are committed to the division. (4) The division may enter into contracts with state and local governmental entities and private providers to provide the youth services. (5) The division shall establish and administer juvenile receiving centers and other programs to provide temporary custody, care, risk-needs assessments, evaluations, and control for nonadjudicated and adjudicated minors placed with the division. (6) The division shall prioritize use of evidence-based juvenile justice programs and practices. (7) Youth receiving services under this section or from the division may not be placed into the legal custody of the division unless the youth qualifies for such disposition under Section 80-6-703.
Utah Code § 80-3-102 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-102
§ 80-3-102. Definitions.
Status: in_force

(1) As used in this chapter: (a) "Abuse, neglect, or dependency petition" means a petition filed in accordance with this chapter to commence proceedings in a juvenile court alleging that a child is: (i) abused; (ii) neglected; or (iii) dependent. (b) "Custody" means the same as that term is defined in Section 80-2-102. (c) "Division" means the Division of Child and Family Services created in Section 80-2-201. (d) "Friend" means an adult who: (i) has an established relationship with the child or a family member of the child; and (ii) is not the parent of the child. (e) "Immediate family member" means a spouse, child, parent, sibling, grandparent, or grandchild. (f) "Relative" means an adult who: (i) is the child's grandparent, great grandparent, aunt or uncle, great aunt or uncle, parent, sibling, or first, second, or third cousin by blood, marriage, or adoption; (ii) is a permanent guardian or parent of the child's sibling; (iii) as established by rule by the division in accordance with Title 63G, Chapter 4, Administrative Procedures Act, has a relationship with the child or the child's immediate family member that is more than a relationship described in Subsection (1)(d); or (iv) in the case of a child who is an Indian child, is an extended family member as defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903. (g) "Sibling" means the same as that term is defined in Section 80-2-102. (h) "Sibling visitation" means the same as that term is defined in Section 80-2-102. (i) "Temporary custody" means the same as that term is defined in Section 80-2-102. (2) A determination of a minor's best interest under this chapter shall be made in accordance with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those sections.
Utah Code § 80-6-302 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-302
§ 80-6-302. Citation -- Procedure -- Time limits -- Failure to appear.
Status: in_force

(1) A petition is not required to commence a proceeding against a minor for an adjudication of an alleged offense if a citation is issued for an offense for which the juvenile court has jurisdiction over and the offense listed in the citation is for: (a) a violation of a wildlife law; (b) a violation of a boating law; (c) a class B or C misdemeanor or an infraction other than a misdemeanor or infraction: (i) for a traffic violation; or (ii) designated as a citable offense by general order of the Board of Juvenile Court Judges; (d) a class B misdemeanor or infraction for a traffic violation where the individual is 15 years old or younger at the time the offense was alleged to have occurred; (e) an infraction or misdemeanor designated as a citable offense by a general order of the Board of Juvenile Court Judges; or (f) a violation of Subsection 76-9-1106(3)(b). (2) Except as provided in Subsection (6) and Section 80-6-301, a citation for an offense listed in Subsection (1) shall be submitted to the juvenile court within five days of issuance to a minor. (3) A copy of the citation shall contain: (a) the name and address of the juvenile court before which the minor may be required to appear; (b) the name of the minor cited; (c) the statute or local ordinance that the minor is alleged to have violated; (d) a brief description of the offense charged; (e) the date, time, and location at which the offense is alleged to have occurred; (f) the date the citation was issued; (g) the name and badge or identification number of the peace officer or public official who issued the citation; (h) the name of the arresting person if an arrest was made by a private party and the citation was issued in lieu of taking the minor into temporary custody as provided in Section 80-6-201; (i) a statement that the minor and the minor's parent or guardian are to appear when notified by the juvenile court; and (j) the signature of the minor and the minor's parent or guardian, if present, agreeing to appear at the juvenile court when notified by the court. (4) A copy of the citation shall contain space for the following information to be entered if known: (a) the minor's address; (b) the minor's date of birth; (c) the name and address of the child's custodial parent or guardian, if different from the child; and (d) if there is a victim, the victim's name, address, and an estimate of loss, except that this information shall be removed from the documents the minor receives. (5) A citation received by the juvenile court beyond the time designated in Subsection (2) shall include a written explanation for the delay. (6) An offense alleged to have been committed by an enrolled child on school property, or related to school attendance, may only be referred to the prosecuting attorney or the juvenile court in accordance with Section 53G-8-211. (7) If a juvenile court receives a citation described in Subsection (1), a juvenile probation officer shall make a preliminary inquiry as to whether the minor is eligible for a nonjudicial adjustment in accordance with Subsection 80-6-303.5(4). (8) (a) Except as provided in Subsection (8)(b), if a citation is issued to a minor, a prosecuting attorney may commence a proceeding against a minor, without filing a petition, for an adjudication of the offense in the citation only if: (i) the minor is not eligible for, or does not complete, a nonjudicial adjustment; and (ii) the prosecuting attorney conducts an inquiry under Subsection (9). (b) Except as provided in Subsection 80-6-305(2), a prosecuting attorney may not commence a proceeding against an individual for any offense listed in a citation alleged to have occurred before the individual was 12 years old. (9) The prosecuting attorney shall conduct an inquiry to determine, upon reasonable belief, that: (a) the charge listed in the citation is supported by probable cause; (b) admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and (c) the decision to charge is in the interests of justice. (10) If a proceeding is commenced against a minor under Subsection (8)(a), the minor shall appear at the juvenile court at a date and time established by the juvenile court. (11) If a minor willfully fails to appear before the juvenile court for a proceeding under Subsection (8)(a), the juvenile court may: (a) find the minor in contempt of court; and (b) proceed against the minor as provided in Section 78A-6-353. (12) If a proceeding is commenced under this section, the minor may remit a fine without a personal appearance before the juvenile court with the consent of: (a) the juvenile court; and (b) if the minor is a child, the parent or guardian of the child cited.
Utah Code § 80-3-403 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-403
§ 80-3-403. Treatment for offender and victim -- Costs.
Status: in_force

(1) Upon adjudication in the juvenile court of an individual charged with child abuse, child sexual abuse, or sexual exploitation of a child, the juvenile court may order treatment for the adjudicated offender or the victim. (2) The juvenile court shall require the adjudicated offender described in Subsection (1) to pay, to the extent that the adjudicated offender is able, the costs of the treatment described in Subsection (1) and the administrative costs incurred by the division in monitoring completion of the ordered therapy or treatment. (3) If the adjudicated offender is unable to pay the full cost of treatment under Subsection (2), the juvenile court: (a) may order the division to pay the costs, to the extent that funding is provided by the Legislature for that purpose; and (b) shall order the adjudicated offender to perform public service work as compensation for the cost of the treatment.
Utah Code § 80-6-1102 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1102
§ 80-6-1102. Article 1 -- Purpose.
Status: in_force

(1) The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in so doing have endangered their own safety and the safety of others. (2) The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. (3) The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. (4) It is the purpose of this compact, through means of joint and cooperative action among the compacting states to: (a) ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (b) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (c) return juveniles who have run away, absconded, or escaped from supervision or control or have been accused of an offense to the state requesting their return; (d) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (e) provide for the effective tracking and supervision of juveniles; (f) equitably allocate the costs, benefits, and obligations of the compacting states; (g) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders; (h) ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (i) establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact; (j) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (k) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance; (l) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (m) coordinate the implementation and operation of the compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision, and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. (5) It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and, therefore, are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. (6) The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.
Utah Code § 80-6-705 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-705
§ 80-6-705. Secure care -- Limitations -- Order for therapy for parent with minor in secure care.
Status: in_force

(1) If a minor is adjudicated for an offense under Section 80-6-701, the juvenile court may order the minor to secure care if the juvenile court finds that: (a) (i) the minor poses a risk of harm to others; or (ii) the minor's conduct resulted in the victim's death; and (b) the minor is adjudicated for: (i) a felony offense; (ii) a misdemeanor offense if the minor has five prior misdemeanor or felony adjudications arising from separate criminal episodes; or (iii) a misdemeanor offense involving use of a dangerous weapon as defined in Section 76-1-101.5. (2) A juvenile court may not order a minor to secure care for: (a) contempt of court; (b) a violation of probation; (c) failure to pay a fine, fee, restitution, or other financial obligation; (d) unfinished compensatory or community service hours; (e) an infraction; or (f) a status offense. (3) The juvenile court may, on the recommendation of the division, order a parent of a minor in secure care to undergo group rehabilitation therapy under the direction of a therapist, who has supervision of the minor in secure care, or any other therapist for a period recommended by the division.
Utah Code § 80-3-504 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-504
§ 80-3-504. Petition for substantiation -- Court findings -- Expedited hearing -- Records of an appeal.
Status: in_force

(1) The division or an individual may file a petition for substantiation in accordance with Section 80-2-708 or 80-2-1004. (2) An adjudicative proceeding on a petition for substantiation may be stayed during the time a judicial action or an active criminal investigation on the same matter is pending. (3) If the division decides to file a petition for substantiation under Section 80-2-1004, the division shall file the petition within 30 days after the day on which the division makes the decision. (4) At the conclusion of the hearing on a petition for substantiation, the juvenile court shall: (a) make a finding of substantiated, unsubstantiated, or without merit; (b) include the finding in a written order; and (c) deliver a certified copy of the order to the division. (5) If an individual whose name is listed on the Licensing Information System before May 6, 2002, files a petition for substantiation under Section 80-2-1004 during the time that an alleged perpetrator's application for clearance to work with children or vulnerable adults is pending, the juvenile court shall: (a) hear the matter on an expedited basis; and (b) enter a final decision no later than 60 days after the day on which the petition for substantiation is filed. (6) (a) The juvenile court shall make a record of the juvenile court's findings under Subsection (4) available only to an individual with statutory authority to access the Licensing Information System for the purposes of licensing under Sections 26B-1-211, 26B-2-120, and 26B-2-404, or for the purposes described in Sections 26B-2-121, or 26B-2-238 through 26B-2-241, or 53-2d-410. (b) An appellate court shall make a record of an appeal from the juvenile court's decision under Subsection (4) available only to an individual with statutory authority to access the Licensing Information System for the purposes described in Subsection (6)(a).
Utah Code § 80-2-801 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-801
§ 80-2-801. Definitions.
Status: in_force

As used in this part: (1) "Adoptable child" means a child: (a) who is in the custody of the division; and (b) (i) who has permanency goals of adoption; or (ii) for whom a final plan for pursuing termination of parental rights is approved in accordance with Section 80-3-409. (2) (a) "Adoption assistance" means, except as provided in Section 80-2-809, direct financial subsidies and support to adoptive parents of a child with special needs or whose need or condition has created a barrier that would prevent a successful adoption. (b) "Adoption assistance" includes state medical assistance, reimbursement of nonrecurring adoption expenses, or monthly subsidies. (3) "Adoption services" means, except as used in Section 80-2-806: (a) placing children for adoption; (b) subsidizing adoptions under Section 80-2-301; (c) supervising adoption placements until the adoption is finalized by a court; (d) conducting adoption studies; (e) preparing adoption reports upon request of the court; and (f) providing postadoptive placement services, upon request of a family, for the purpose of stabilizing a possible disruptive placement. (4) "Child who has a special need" means a child who: (a) cannot or should not be returned to the home of the child's biological parents; and (b) (i) is five years old or older; (ii) is under 18 years old with a physical, emotional, or mental disability; or (iii) is a member of a sibling group placed together for adoption. (5) "Monthly subsidy" means financial support to assist with the costs of adopting and caring for a child who has a special need. (6) "Nonrecurring adoption expenses" means reasonably necessary adoption fees, court costs, attorney's fees, and other expenses which are directly related to the legal adoption of a child who has a special need. (7) "State medical assistance" means the Medicaid program and medical assistance as those terms are defined in Section 26-18-2. (8) "Supplemental adoption assistance" means financial support for extraordinary, infrequent, or uncommon documented needs not otherwise covered by a monthly subsidy, state medical assistance, or other public benefits for which a child who has a special need is eligible. (9) "Vendor services" means services that a person provides under contract with the division.
Utah Code § 80-2-706 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-706
§ 80-2-706. Child protection team convened during division investigation -- Coordination of team -- Timing of team meetings.
Status: in_force

(1) (a) The division shall convene a child protection team for a particular case: (i) in accordance with Section 80-2-701; (ii) if the child is taken into protective custody, for the purpose of reviewing the circumstances regarding removal of the child from the child's home or school; or (iii) if the division files an abuse, neglect, or dependency petition, as defined in Section 80-3-102, for the purposes of: (A) reviewing the circumstances of the filing of the abuse, neglect, or dependency petition; and (B) developing or reviewing implementation of a safety plan to protect the child from further abuse, neglect, or dependency. (b) The division may convene a child protection team for a particular case if: (i) the case demonstrates: (A) the likelihood of severe child abuse or neglect; or (B) a high risk of repetition as evidenced by previous involvements with law enforcement or the division; and (ii) the child protection team is assembled for the purpose of information sharing and identification of resources, services, or actions that support the child and the child's family. (2) (a) A representative of the division shall serve as coordinator and chair of a child protection team convened under Subsection (1). (b) A member of the child protection team shall serve at the coordinator's invitation. (c) If possible, the child protection team coordinator and chair shall include on the child protection team a representative of: (i) health, mental health, education, and law enforcement agencies; (ii) the child; (iii) a parent and family support group unless the parent is alleged to be the perpetrator; and (iv) other appropriate agencies and individuals. (3) The division shall hold the child protection team meeting under Subsection (1)(a)(ii) or (iii) within the shorter of: (a) 24 hours after receipt of the child into protective custody, excluding weekends and holidays, if the child is taken into protective custody; (b) 24 hours after the abuse, neglect, or dependency petition, as defined in Section 80-3-102, is filed, excluding weekends and holidays, if the child who is the subject of the abuse, neglect, or dependency petition will likely be taken into protective custody unless there is an expedited hearing and services ordered under the protective supervision of the juvenile court; or (c) 14 days after the day on which the abuse, neglect, or dependency petition, as defined in Section 80-3-102, is filed. (4) At a child protection team meeting, the division shall have available and the child protection team shall review the complete child protective services and foster care history of the child and the child's parents and siblings.
Utah Code § 80-6-503 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-503
§ 80-6-503. Criminal information for a minor in juvenile court -- Extending juvenile court jurisdiction.
Status: in_force

(1) If a prosecuting attorney charges a minor with a felony, the prosecuting attorney may file a criminal information in the juvenile court if the minor was a principal actor in an offense and the information alleges: (a) (i) the minor was 16 or 17 years old at the time of the offense; and (ii) the offense for which the minor is being charged is a felony violation of: (A) Section 76-5-103, aggravated assault resulting in serious bodily injury to another; (B) Section 76-5-202, attempted aggravated murder; (C) Section 76-5-203, attempted murder; (D) Section 76-5-302, aggravated kidnapping; (E) Section 76-5-405, aggravated sexual assault; (F) Section 76-6-103, aggravated arson; (G) Section 76-6-203, aggravated burglary; (H) Section 76-6-302, aggravated robbery; (I) Section 76-11-210, felony discharge of a firearm; or (J) an offense other than an offense listed in Subsections (1)(a)(ii)(A) through (I) involving the use of a dangerous weapon if the offense would be a felony had an adult committed the offense, and the minor has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon that would have been a felony if committed by an adult; or (b) (i) the minor was 14 or 15 years old at the time of the offense; and (ii) the offense for which the minor is being charged is a felony violation of: (A) Section 76-5-202, aggravated murder or attempted aggravated murder; or (B) Section 76-5-203, murder or attempted murder. (2) At the time that a prosecuting attorney files an information under this section, a party may file a motion to extend the juvenile court's continuing jurisdiction in accordance with Section 80-6-605.
Utah Code § 80-2-202 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-202
§ 80-2-202. Division director -- Qualifications -- Responsibilities.
Status: in_force

(1) The executive director of the department shall appoint the director of the division. (2) The director shall have a bachelor's degree from an accredited university or college, be experienced in administration, and be knowledgeable in the areas of child and family services, including child protective services, family preservation, and foster care. (3) The director is the administrative head of the division.
Utah Code § 80-6-808 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-808
§ 80-6-808. Appeal regarding parole release or revocation.
Status: in_force

(1) A juvenile offender, or the parent or guardian of a juvenile offender, may appeal to the executive director of the department, or the executive director's designee, any decision of the authority regarding parole release, rescission, or revocation. (2) The executive director, or the executive director's designee, may set aside or remand the authority's decision only if the authority's decision is arbitrary, capricious, an abuse of discretion, or contrary to law.
Utah Code § 80-6-707 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-707
§ 80-6-707. Suspension of driving privileges.
Status: in_force

(1) This section applies to a minor who: (a) at the time that the minor is adjudicated under Section 80-6-701, is at least the age eligible for a driver license under Section 53-3-204; and (b) is found by the juvenile court to be in actual physical control of a motor vehicle during the commission of the offense for which the minor is adjudicated. (2) (a) Except as otherwise provided by this section, if a minor is adjudicated for a violation of a traffic law by the juvenile court under Section 80-6-701, the juvenile court may: (i) suspend the minor's driving privileges; and (ii) take possession of the minor's driver license. (b) The juvenile court may order any other eligible disposition under Subsection (1), except for a disposition under Section 80-6-703 or 80-6-705. (c) If a juvenile court suspends a minor's driving privileges under Subsection (2)(a): (i) the juvenile court shall prepare and send the order to the Driver License Division of the Department of Public Safety; and (ii) the minor's license shall be suspended under Section 53-3-219. (3) The juvenile court may reduce a suspension period imposed under Section 53-3-219 if: (a) (i) the violation is the minor's first violation of: (A) Section 32B-4-409; (B) Section 32B-4-410; (C) Section 76-18-204, 76-18-207, 76-18-208, 76-18-209, 76-18-210, 76-18-211, 76-18-212, 76-18-213, 76-18-214, 76-18-215, 76-18-216, 76-18-217, 76-18-218, or 76-18-219; (D) Title 76, Chapter 18, Part 3, Offenses Concerning Drug Paraphernalia; (E) Title 76, Chapter 18, Part 4, Offenses Concerning Imitation Controlled Substances; (F) Subsection 76-5-102.1(2)(b); (G) Subsection 76-5-207(2)(b); (H) Subsection 76-9-110(2); or (I) an offense described in a statute previously in effect in this state that is the same or substantially similar to a violation of an offense described in Subsections (3)(a)(i)(A) through (H); and (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or (B) the minor demonstrates substantial progress in substance use disorder treatment; or (b) (i) the violation is the minor's second or subsequent violation of: (A) Section 32B-4-409; (B) Section 32B-4-410; (C) Section 76-18-204, 76-18-207, 76-18-208, 76-18-209, 76-18-210, 76-18-211, 76-18-212, 76-18-213, 76-18-214, 76-18-215, 76-18-216, 76-18-217, 76-18-218, or 76-18-219; (D) Title 76, Chapter 18, Part 3, Offenses Concerning Drug Paraphernalia; (E) Title 76, Chapter 18, Part 4, Offenses Concerning Imitation Controlled Substances; (F) Subsection 76-5-102.1(2)(b); (G) Subsection 76-5-207(2)(b); (H) Subsection 76-9-110(2); or (I) an offense described in a statute previously in effect in this state that is the same or substantially similar to a violation of an offense described in Subsections (3)(b)(i)(A) through (H); (ii) the minor has completed an educational series as defined in Section 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; and (iii) (A) the minor is 18 years old or older and provides a sworn statement to the juvenile court that the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Section 53-3-219; or (B) the minor is under 18 years old and the minor's parent or guardian provides an affidavit or sworn statement to the juvenile court certifying that to the parent or guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Section 53-3-219. (4) (a) If a minor is adjudicated under Section 80-6-701 for a proof of age violation, as defined in Section 32B-4-411: (i) the juvenile court may forward a record of adjudication to the Department of Public Safety for a first or subsequent violation; and (ii) the minor's driving privileges will be suspended: (A) for a period of at least one year under Section 53-3-220 for a first conviction for a violation of Section 32B-4-411; or (B) for a period of two years for a second or subsequent conviction for a violation of Section 32B-4-411. (b) The juvenile court may reduce the suspension period imposed under Subsection (4)(a)(ii)(A) if: (i) the violation is the minor's first violation of Section 32B-4-411; and (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or (B) the minor demonstrates substantial progress in substance use disorder treatment. (c) The juvenile court may reduce the suspension period imposed under Subsection (4)(a)(ii)(B) if: (i) the violation is the minor's second or subsequent violation of Section 32B-4-411; (ii) the minor has completed an educational series as defined in Section 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; and (iii) (A) the minor is 18 years old or older and provides a sworn statement to the court that the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (4)(a)(ii)(B); or (B) the minor is under 18 years old and has the minor's parent or guardian provide an affidavit or sworn statement to the court certifying that to the parent's or guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (4)(a)(ii)(B). (5) When the Department of Public Safety receives the arrest or conviction record of a minor for a driving offense committed while the minor's license is suspended under this section, the Department of Public Safety shall extend the suspension for a like period of time.
Utah Code § 80-3-307 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-307
§ 80-3-307. Child and family plan developed by division -- Parent-time and relative visitation.
Status: in_force

(1) The division shall develop and finalize a child's child and family plan no more than 45 days after the day on which the child enters the temporary custody of the division. (2) (a) The division may use an interdisciplinary team approach in developing a child and family plan. (b) The interdisciplinary team described in Subsection (2)(a) may include representatives from the following fields: (i) mental health; (ii) education; or (iii) if appropriate, law enforcement. (3) (a) The division shall involve all of the following in the development of a child's child and family plan: (i) both of the child's parents, unless the whereabouts of a parent are unknown; (ii) the child; (iii) the child's foster parents; and (iv) if appropriate, the child's stepparent. (b) Subsection (3)(a) does not prohibit any other party not listed in Subsection (3)(a) or a party's counsel from being involved in the development of a child's child and family plan if the party or counsel's participation is otherwise permitted by law. (c) In relation to all information considered by the division in developing a child and family plan, the division shall give additional weight and attention to the input of the child's natural and foster parents upon the involvement of the child's natural and foster parents under Subsections (3)(a)(i) and (iii). (d) (i) The division shall make a substantial effort to develop a child and family plan with which the child's parents agree. (ii) If a parent does not agree with a child and family plan: (A) the division shall strive to resolve the disagreement between the division and the parent; and (B) if the disagreement is not resolved, the division shall inform the court of the disagreement. (4) A copy of the child and family plan shall, immediately upon completion, or as soon as reasonably possible thereafter, be provided to: (a) the guardian ad litem; (b) the child's parents; and (c) the child's foster parents. (5) A child and family plan shall: (a) specifically provide for the safety of the child, in accordance with federal law; (b) clearly define what actions or precautions will, or may be, necessary to provide for the health, safety, protection, and welfare of the child; (c) be specific to each child and the child's family, rather than general; (d) include individualized expectations and contain specific time frames; (e) except as provided in Subsection (6), address problems that: (i) keep a child in the child's placement; and (ii) keep a child from achieving permanence in the child's life; (f) be designed to: (i) minimize disruption to the normal activities of the child's family, including employment and school; and (ii) as much as practicable, help the child's parent maintain or obtain employment; and (g) set forth, with specificity, at least the following: (i) the reason the child entered into protective custody or the division's temporary custody or custody; (ii) documentation of: (A) the reasonable efforts made to prevent placement of the child in protective custody or the division's temporary custody or custody; or (B) the emergency situation that existed and that prevented the reasonable efforts described in Subsection (5)(g)(ii)(A), from being made; (iii) the primary permanency plan for the child, as described in Section 80-3-406, and the reason for selection of the plan; (iv) the concurrent permanency plan for the child, as described in Section 80-3-406, and the reason for the selection of the plan; (v) if the plan is for the child to return to the child's family: (A) specifically what the parents must do in order to enable the child to be returned home; (B) specifically how the requirements described in Subsection (5)(g)(v)(A) may be accomplished; and (C) how the requirements described in Subsection (5)(g)(v)(A) will be measured; (vi) the specific services needed to reduce the problems that necessitated placing the child in protective custody or the division's temporary custody or custody; (vii) the name of the individual who will provide for and be responsible for case management for the division; (viii) subject to Subsection (10), a parent-time schedule between the parent and the child; (ix) subject to Subsection (7), the health and mental health care to be provided to address any known or diagnosed mental health needs of the child; (x) if residential treatment rather than a foster home is the proposed placement, a requirement for a specialized assessment of the child's health needs including an assessment of mental illness and behavior and conduct disorders; (xi) social summaries that include case history information pertinent to case planning; and (xii) subject to Subsection (12), a sibling visitation schedule. (6) For purposes of Subsection (5)(e), a child and family plan may only include requirements that: (a) address findings made by the court; or (b) (i) are requested or consented to by a parent or guardian of the child; and (ii) are agreed to by the division and the guardian ad litem. (7) (a) Subject to Subsection (7)(b), in addition to the information required under Subsection (5)(g)(ix), a child and family plan shall include a specialized assessment of the medical and mental health needs of a child, if the child: (i) is placed in residential treatment; and (ii) has medical or mental health issues that need to be addressed. (b) Notwithstanding Subsection (7)(a), a parent shall retain the right to seek a separate medical or mental health diagnosis of the parent's child from a licensed practitioner of the parent's choice. (8) (a) The division shall train the division's employees to develop child and family plans that comply with: (i) federal mandates; and (ii) the specific needs of the particular child and the child's family. (b) The child's natural parents, foster parents, and if appropriate, stepparents, shall be kept informed of and supported to participate in important meetings and procedures related to the child's placement. (9) If the division documents to the court that there is a compelling reason that adoption, reunification, guardianship, and a placement described in Subsection 80-3-301(6)(e) are not in the child's best interest, the court may order another planned permanent living arrangement in accordance with federal law. (10) (a) Except as provided in Subsection (10)(b), parent-time may only be denied by a court order issued in accordance with Subsection 80-3-406(9). (b) Notwithstanding Subsection (10)(a), the person designated by the division or a court to supervise a parent-time session may deny parent-time for the session if the supervising person determines that, based on the parent's condition, it is necessary to deny parent-time to: (i) protect the physical safety of the child; (ii) protect the life of the child; or (iii) consistent with Subsection (10)(c), prevent the child from being traumatized by contact with the parent. (c) In determining whether the condition of the parent described in Subsection (10)(b) will traumatize a child, the person supervising the parent-time session shall consider the impact that the parent's condition will have on the child in light of: (i) the child's fear of the parent; and (ii) the nature of the alleged abuse or neglect. (11) If a child is in the division's temporary custody or custody, the division shall consider visitation with the child's grandparent if: (a) the division determines the visitation to be in the best interest of the child; (b) there are no safety concerns regarding the behavior or criminal background of the grandparent; (c) allowing the grandparent visitation would not compete with or undermine the child's reunification plan; (d) there is a substantial relationship between the grandparent and child; and (e) the grandparent visitation will not unduly burden the foster parents. (12) (a) The division shall incorporate into the child and family plan reasonable efforts to provide sibling visitation if: (i) siblings are separated due to foster care or adoptive placement; (ii) the sibling visitation is in the best interest of the child for whom the child and family plan is developed; and (iii) the division has consent for sibling visitation from the guardian of the sibling. (b) The division shall obtain consent for sibling visitation from the sibling's guardian if the criteria of Subsections (12)(a)(i) and (ii) are met.
Utah Code § 80-2-309 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-309
§ 80-2-309. Orientation and identity.
Status: in_force

(1) As used in this section: (a) (i) "Custodian" means an individual who has legal custody of a child. (ii) "Custodian" does not include the division. (b) (i) "Guardian" means an individual who has qualified as a guardian of a child pursuant to testamentary or court appointment, or by written instrument as provided in Section 75-5-202.5. (ii) "Guardian" does not include a guardian ad litem. (2) (a) For a child in the protective custody, temporary custody, or custody of the division: (i) subject to Subsection (2)(b), the division may not withhold or conceal information related to a child's asserted gender identity or sexual orientation from the child's parent, guardian, or custodian; (ii) without consent from the child's parent, guardian, or custodian, the division may not refer to the child in division records in a way that is contrary to the child's biological sex; (iii) the division may not initiate hormonal transgender treatment, a primary sex characteristic surgical procedure, or a secondary sex characteristic surgical procedure for the child; and (iv) if a foster parent expresses discomfort with caring for a child based on the child's asserted gender identity or sexual orientation, the division may not place the child with that foster parent and may not discriminate or take other adverse action against the foster parent solely on that basis. (b) If a child discloses to the division information regarding the child's asserted gender identity or sexual orientation, and the child wants the information to remain private, the division shall develop a plan in cooperation with the child's therapist or counselor that: (i) allows the division to comply with the requirements described in Subsection (2)(a)(i); (ii) will not result in harm, as that term is defined in Section 80-1-102, to the child; and (iii) is in compliance with all applicable privacy laws.
Utah Code § 80-6-102 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-102
§ 80-6-102. Definitions.
Status: in_force

7/1/2026As used in this chapter: (1) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R. 1351.1. (2) "Authority" means the Youth Parole Authority created in Section 80-5-701. (3) "Compensatory service" means service or unpaid work performed by a minor in lieu of the payment of a fine, fee, or restitution. (4) "Control" means the same as that term is defined in Section 80-5-102. (5) "Department" means the Department of Criminal Justice created in Section 75E-2-102. (6) "Detention hearing" means a proceeding under Section 80-6-207 to determine whether a minor should remain in detention. (7) "Detention guidelines" means standards, established by the division in accordance with Subsection 80-5-202(1)(a), for the admission of a minor to detention. (8) "Discharge" means a written order of the authority that removes a juvenile offender from the authority's jurisdiction. (9) "Division" means the Division of Juvenile Justice and Youth Services created in Section 80-5-103. (10) "Family-based setting" means a home that is licensed to allow a minor to reside at the home, including a foster home, proctor care, or residential care by a professional parent. (11) "Formal referral" means a written report from a peace officer, or other person, informing the juvenile court that: (a) an offense committed by a minor is, or appears to be, within the juvenile court's jurisdiction; and (b) the minor's case must be reviewed by a juvenile probation officer or a prosecuting attorney. (12) "Habitual truant" means the same as that term is defined in Section 53G-8-211. (13) "Material loss" means an uninsured: (a) property loss; (b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed; (c) lost wages because of an injury, time spent as a witness, or time spent assisting the police or prosecution; or (d) medical expense. (14) "Referral" means a formal referral, a referral to the juvenile court under Section 53G-8-211, or a citation issued to a minor for which the juvenile court receives notice under Section 80-6-302. (15) "Rescission" means a written order of the authority that rescinds a date for parole. (16) "Restitution" means money or services that the juvenile court, or a juvenile probation officer if the minor agrees to a nonjudicial adjustment, orders a minor to pay or render to a victim for the minor's wrongful act or conduct. (17) "Revocation" means a written order of the authority that, after a hearing and determination under Section 80-6-806: (a) terminates supervision of a juvenile offender's parole; and (b) directs a juvenile offender to return to secure care. (18) "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. (19) "Termination" means a written order of the authority that terminates a juvenile offender from parole. (20) (a) "Victim" means a person that the juvenile court determines suffered a material loss as a result of a minor's wrongful act or conduct. (b) "Victim" includes: (i) any person directly harmed by the minor's wrongful act or conduct in the course of the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and (ii) the Office for Victims of Crime. (21) "Violent felony" means the same as that term is defined in Section 76-3-203.5. (22) "Work program" means the same as that term is defined in Section 80-5-102. (23) "Youth services" means the same as that term is defined in Section 80-5-102.7/1/2026As used in this chapter: (1) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R. 1351.1. (2) "Authority" means the Youth Parole Authority created in Section 80-5-701. (3) "Compensatory service" means service or unpaid work performed by a minor in lieu of the payment of a fine, fee, or restitution. (4) "Control" means the same as that term is defined in Section 80-5-102. (5) "Department" means the Department of Criminal Justice created in Section 75E-2-102. (6) "Detention hearing" means a proceeding under Section 80-6-207 to determine whether a minor should remain in detention. (7) "Detention guidelines" means standards, established by the division in accordance with Subsection 80-5-202(1)(a), for the admission of a minor to detention. (8) "Discharge" means a written order of the authority that removes a juvenile offender from the authority's jurisdiction. (9) "Division" means the Division of Juvenile Justice and Youth Services created in Section 80-5-103. (10) "Family-based setting" means a home that is licensed to allow a minor to reside at the home, including a foster home, proctor care, or residential care by a professional parent. (11) "Formal referral" means a written report from a peace officer, or other person, informing the juvenile court that: (a) an offense committed by a minor is, or appears to be, within the juvenile court's jurisdiction; and (b) the minor's case must be reviewed by a juvenile probation officer or a prosecuting attorney. (12) "Habitual truant" means the same as that term is defined in Section 53G-8-211. (13) "Material loss" means an uninsured: (a) property loss; (b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed; (c) lost wages because of an injury, time spent as a witness, or time spent assisting the police or prosecution; or (d) medical expense. (14) "Referral" means a formal referral, a referral to the juvenile court under Section 53G-8-211, or a citation issued to a minor for which the juvenile court receives notice under Section 80-6-302. (15) "Rescission" means a written order of the authority that rescinds a date for parole. (16) "Restitution" means money or services that the juvenile court, or a juvenile probation officer if the minor agrees to a nonjudicial adjustment, orders a minor to pay or render to a victim for the minor's wrongful act or conduct. (17) "Revocation" means a written order of the authority that, after a hearing and determination under Section 80-6-806: (a) terminates supervision of a juvenile offender's parole; and (b) directs a juvenile offender to return to secure care. (18) "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. (19) "Termination" means a written order of the authority that terminates a juvenile offender from parole. (20) (a) "Victim" means a person that the juvenile court determines suffered a material loss as a result of a minor's wrongful act or conduct. (b) "Victim" includes: (i) any person directly harmed by the minor's wrongful act or conduct in the course of the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and (ii) the Office for Victims of Crime. (21) "Violent felony" means the same as that term is defined in Section 76-3-203.5. (22) "Work program" means the same as that term is defined in Section 80-5-102. (23) "Youth services" means the same as that term is defined in Section 80-5-102.
Utah Code § 80-6-1114 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1114
§ 80-6-1114. Article 13 -- Binding effect of compact and other laws.
Status: in_force

(1) Section A. Other Laws (a) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact. (b) All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict. (2) Section B. Binding Effect of the Compact (a) All lawful actions of the commission, including all rules and by-laws promulgated by the commission, are binding upon the compacting states. (b) All agreements between the commission and the compacting states are binding in accordance with their terms. (c) Upon the request of a party to a conflict over meaning or interpretation of commission actions, and upon a majority vote of the compacting states, the commission may issue advisory opinions regarding the meaning or interpretation. (d) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by the provision upon the commission shall be ineffective and the obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which the obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.
Utah Code § 80-6-1105 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1105
§ 80-6-1105. Article 4 -- Powers and duties of the Interstate Commission.
Status: in_force

The commission shall have the following powers and duties: (1) provide for dispute resolution among compacting states; (2) promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact; (3) oversee, supervise, and coordinate the interstate movement of juveniles subject to the terms of this compact and any by-laws adopted and rules promulgated by the commission; (4) enforce compliance with the compact provisions, the rules promulgated by the commission, and the by-laws, using all necessary and proper means, including, but not limited to, the use of judicial process; (5) establish and maintain offices which shall be located within one or more of the compacting states; (6) purchase and maintain insurance and bonds; (7) borrow, accept, hire, or contract for services of personnel; (8) establish and appoint committees and hire staff which it considers necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Section 80-6-1104, which shall have the power to act on behalf of the commission in carrying out its powers and duties hereunder; (9) elect or appoint any officers, attorneys, employees, agents, or consultants, fix their compensation, define their duties, and determine their qualifications; (10) establish the commission's personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel; (11) accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of them; (12) lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed; (13) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; (14) establish a budget and make expenditures and levy dues as provided in Section 80-6-1109; (15) sue and be sued; (16) adopt a seal and by-laws governing the management and operation of the commission; (17) perform any functions necessary or appropriate to achieve the purposes of this compact; (18) report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the commission during the preceding year, including any recommendations that may have been adopted by the commission; (19) coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in the activity; (20) establish uniform standards for the reporting, collecting, and exchanging of data; and (21) maintain its corporate books and records in accordance with the by-laws.
Utah Code § 80-2-1104 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-1104
§ 80-2-1104. Child protection ombudsman -- Responsibility -- Authority -- Report.
Status: in_force

(1) As used in this section: (a) "Complainant" means a person who initiates a complaint with the ombudsman. (b) "Complaint" means a complaint regarding an act or omission by the division with respect to a particular child or parent. (c) "Ombudsman" means the child protection ombudsman created under this section. (2) (a) There is created within the department the position of child protection ombudsman. (b) The director of the Division of Customer Experience within the department shall: (i) select an ombudsman who has: (A) recognized executive and administrative capacity; and (B) experience in child welfare, and in state laws and policies governing abused, neglected, and dependent children; and (ii) select the ombudsman solely with regard to qualifications and fitness to discharge the duties of the ombudsman. (3) The ombudsman shall: (a) unless the ombudsman decides not to investigate the complaint, upon receipt of a complaint, investigate whether an act or omission of the division with respect to a particular child or parent: (i) is contrary to statute, rule, or policy; (ii) places a child's health or safety at risk; (iii) is made without an adequate statement of reason; or (iv) is based on irrelevant, immaterial, or erroneous grounds; (b) notify the complainant and the division of: (i) the ombudsman's decision to investigate or not investigate the complaint; and (ii) if the ombudsman decides not to investigate the complaint, the reason for the decision; (c) if the ombudsman finds that a person's act or omission violates state or federal criminal law, immediately report the finding to the appropriate county or district attorney or to the attorney general; (d) immediately notify the division if the ombudsman finds that a child needs protective custody; (e) prepare a written report of the findings and recommendations, if any, of each investigation; (f) make recommendations to the division if the ombudsman finds that: (i) a matter should be further considered by the division; (ii) an administrative act should be addressed, modified, or canceled; (iii) action should be taken by the division with regard to one of the division's employees; or (iv) any other action should be taken by the division; (g) subject to the other provisions of this Subsection (3), in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that govern the following: (i) receiving and processing a complaint; (ii) notifying a complainant and the division regarding a decision to investigate or to decline to investigate a complaint; (iii) prioritizing workload; (iv) maximum time within which an investigation is required to be completed; (v) conducting an investigation; (vi) notifying a complainant and the division regarding the results of an investigation; and (vii) making recommendations based on the findings and results of investigations; (h) within appropriations from the Legislature, employ staff as may be necessary to carry out the ombudsman's duties under this section; (i) provide information regarding the role, duties, and functions of the ombudsman to public agencies, private entities, and individuals; (j) provide on the ombudsman's website, in a form that is easily accessible, information about the fundamental rights of a parent and child and the responsibility of the state in a child welfare matter as described in Section 80-2a-201; and (k) as appropriate, make recommendations to the division regarding individual child welfare cases, and the rules, policies, and operations of the division. (4) (a) The ombudsman may: (i) decline to investigate a complaint or continue an investigation of a complaint; (ii) conduct an investigation on the ombudsman's own initiative; (iii) conduct further investigation upon the request of the complainant or upon the ombudsman's own initiative; and (iv) advise a complainant to pursue administrative remedies or channels of a complaint before pursuing a complaint with the ombudsman. (b) Subsection (4)(a)(iv) does not prevent a complainant from making a complaint directly to the ombudsman before pursuing an administrative remedy. (5) (a) A record of the ombudsman regarding an individual child welfare case shall be classified in accordance with federal law and Title 63G, Chapter 2, Government Records Access and Management Act. (b) The ombudsman shall have access to all of the department's written and electronic records and databases, including those regarding individual child welfare cases. (c) In accordance with Title 63G, Chapter 2, Government Records Access and Management Act, all documents and information received by the ombudsman shall maintain the same classification that was designated by the department. (6) (a) On or before October 1 of each year, the ombudsman shall provide a written report to the Child Welfare Legislative Oversight Panel and the Health and Human Services Interim Committee. (b) The written report described in Subsection (6)(a) shall include: (i) the total number of complaints filed with the ombudsman; (ii) the number of complaints the ombudsman investigated; (iii) reoccurring themes among complaints, if any; and (iv) any recommendations regarding policies or procedures of the division or the position of the ombudsman.
Utah Code § 80-2-906 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-906
§ 80-2-906. Financial responsibility for child placed under Interstate Compact.
Status: in_force

(1) Financial responsibility for a child placed under the provisions of the Interstate Compact on the Placement of Children shall, in the first instance, be determined in accordance with the provisions of Article V of the compact. (2) In the event of partial or complete default of performance under the compact, the provisions of Title 81, Chapter 6, Child Support, and Title 81, Chapter 7, Payment and Enforcement of Spousal and Child Support, may also be invoked.
Utah Code § 80-6-1110 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1110
§ 80-6-1110. Article 9 -- State council.
Status: in_force

(1) Each member state shall create a State Council for Interstate Juvenile Supervision. (2) While each state may determine the membership of its own state council, its membership shall include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator, or designee. (3) Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. (4) Each state council shall advise and may exercise oversight and advocacy concerning that state's participation in commission activities and other duties determined by that state, including but not limited to, development of policy concerning operations and procedures of the compact within that state.