Utah Code § 80-6-206 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-206
§ 80-6-206. Interrogation of a child -- Presence of a parent, legal guardian, or other adult --  Prohibition on false information or unauthorized statement -- Admissibility of admission, confession, or statement by child.
Status: in_force

(1) As used in this section: (a) "Custodial interrogation" means any interrogation of a child while the individual is in custody. (b) (i) "Friendly adult" means an adult: (A) who has an established relationship with the child to the extent that the adult can provide meaningful advice and concerned help to the child should the need arise; and (B) who is not hostile or adverse to the child's interest. (ii) "Friendly adult" does not include a parent or guardian of the child. (c) (i) "Interrogation" means any express questioning or any words or actions that are reasonably likely to elicit an incriminating response. (ii) "Interrogation" does not include words or actions normally attendant to arrest and custody. (2) (a) If a child is subject to a custodial interrogation for an offense, the child has the right to have: (i) the child's parent or guardian present during an interrogation of the child; or (ii) a friendly adult present during an interrogation of the child if: (A) there is reason to believe that the child's parent or guardian has abused or threatened the child; or (B) the child's parent's or guardian's interest is adverse to the child's interest, including that the parent or guardian is a victim or a codefendant of the offense alleged to have been committed by the child. (b) A child's parent or guardian, or a friendly adult, is present at a custodial interrogation if: (i) the parent, guardian, or friendly adult attends the custodial interrogation in person or by video; and (ii) an interpreter is provided to the child and the parent, guardian, or friendly adult if the child or the parent, guardian, or friendly adult is unable to speak or understand English. (3) If a child is subject to a custodial interrogation for an offense, the child may not be interrogated unless: (a) the child has been advised, in accordance with Subsection (4), of: (i) the child's constitutional rights; and (ii) if the child has a right to have a parent, guardian, or friendly adult present during the interrogation under this section, the child's right to have a parent or guardian, or a friendly adult present during the interrogation; (b) the child has waived the child's constitutional rights; (c) if the child has a right to have a parent, guardian, or friendly adult present during the interrogation under this section, the child's parent or guardian, or a friendly adult, was present during the child's waiver under Subsection (3)(b) and has given permission for the child to be interrogated; (d) if the child is being held in a detention facility or a secure care facility, the child has had a meaningful opportunity to consult with the child's appointed or retained attorney and the child's appointed or retained attorney is present for the interrogation; and (e) if the child is in the custody of the Division of Child and Family Services and a guardian ad litem has been appointed for the child, the child's guardian ad litem has given consent to an interview of the child as described in Section 80-2-705. (4) Before the custodial interrogation of a child by a peace officer or a juvenile probation officer, the peace officer or juvenile probation officer shall disclose the following to the child: (a) You have the right to remain silent. (b) If you do not want to talk to me, you do not have to talk to me. (c) If you decide to talk to me, you have the right to stop answering my questions or talking to me at any time. (d) Anything you say can and will be used against you in court. (e) If you talk to me, I can tell a judge and everyone else in court everything that you tell me. (f) You have the right to have a parent or guardian, or a friendly adult if applicable, with you while I ask you questions. (g) You have the right to a lawyer. (h) You can talk to a lawyer before I ask you any questions and you can have that lawyer with you while I ask you questions. (i) If you want to talk to a lawyer, a lawyer will be provided to you for free. (j) These are your rights. (k) Do you understand the rights that I have just told you? (l) Do you want to talk to me? (5) (a) A peace officer's, or a juvenile probation officer's, compliance with Subsection (4) is determined by examining the entirety of the officer's disclosures to the child. (b) A peace officer's, or a juvenile probation officer's, failure to strictly comply with, or state the exact language of, Subsection (4) is not grounds by itself for finding the officer has not complied with Subsection (4). (6) Notwithstanding Subsection (2), a child's parent or guardian, or a friendly adult if applicable under Subsection (2)(b), is not required to be present during the child's waiver as described in Subsection (3)(c) or to give permission to the custodial interrogation of the child if: (a) the child is emancipated as described in Section 80-7-105; (b) the child has misrepresented the child's age as being 18 years old or older and a peace officer or a juvenile probation officer has relied on that misrepresentation in good faith; (c) a peace officer, a juvenile probation officer, or a law enforcement agency: (i) has made reasonable efforts to contact the child's parent or guardian, or a friendly adult if applicable under Subsection (2)(b); and (ii) has been unable to make contact within one hour after the time at which the child is taken into temporary custody; or (d) the child is being held in a detention facility or a secure care facility and the child's appointed or retained attorney is required to be present for the interrogation as described in Subsection (7). (7) (a) If a child is being held in a detention facility or a secure care facility and the child is subject to a custodial interrogation for an offense, the child may not be interrogated unless: (i) the child has had a meaningful opportunity to consult with the child's appointed or retained attorney; (ii) the child waives the child's constitutional rights after consultation with the child's appointed or retained attorney; and (iii) the child's appointed or retained attorney is present for the interrogation. (b) Subsection (7)(a) does not apply to a juvenile probation officer or a staff member of a detention facility, unless the juvenile probation officer or the staff member is interrogating the child on behalf of a peace officer or a law enforcement agency. (c) A child's appointed or retained attorney is present at a custodial interrogation as described in this Subsection (7) if the attorney attends the custodial interrogation in person or by video. (8) If a child is subject to a custodial interrogation for an offense, a peace officer, or an individual interrogating a child on behalf of a peace officer or a law enforcement agency, may not knowingly: (a) provide false information about evidence that is reasonably likely to elicit an incriminating response from the child; or (b) make an unauthorized statement about leniency for the offense. (9) A law enforcement agency shall make an audio recording or an audio-video recording that accurately records a custodial interrogation of a child. (10) (a) If a peace officer or juvenile probation officer intentionally, knowingly, or recklessly fails to comply with the requirements for a custodial interrogation of a child as described in this section, any admission, confession, or statement made by the child as a result of the custodial interrogation is presumed: (i) to not be voluntarily, knowingly, and intelligently made; and (ii) to not be admissible as evidence against the child. (b) A prosecuting attorney may only overcome the presumption described in Subsection (10)(a) by a preponderance of the evidence showing that the child had the ability to comprehend and waive: (i) the child's constitutional rights; and (ii) if the child has a right to have a parent, guardian, or friendly adult present under this section, the child's right to have a parent or guardian, or a friendly adult, present during the custodial interrogation. (c) When a custodial interrogation of a child is not accurately recorded as described in Subsection (9), a court shall determine whether a statement made by the child in the custodial interrogation is admissible in accordance with Rule 616 of the Utah Rules of Evidence. (11) A minor may only waive the minor's right to be represented by counsel at all stages of court proceedings as described in Section 78B-22-204.
Utah Code § 80-4-205 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-205
§ 80-4-205. Expedited hearing for temporary custody.
Status: in_force

(1) At any time after a petition for termination of parental rights is filed, the juvenile court may make an order in accordance with this chapter: (a) providing for temporary custody of the child who is the subject of the petition; or (b) that the division provide protective services to the child who is the subject of the petition if the juvenile court determines that: (i) the child is at risk of being removed from the child's home due to abuse and neglect; and (ii) the provision of protective services may make the removal described in Subsection (1)(b)(i) unnecessary. (2) (a) The juvenile court shall hold an expedited hearing to determine whether a child should be placed in temporary custody if: (i) a person files a petition for termination of parental rights; (ii) a party to the proceeding files a motion for expedited placement in temporary custody; and (iii) notice of the hearing described in this Subsection (1)(a) is served consistent with the requirements for notice of a shelter hearing under Section 80-3-301. (b) The hearing described in Subsection (2)(a): (i) shall be held within 72 hours, excluding weekends and holidays, after the time in which the motion described in Subsection (2)(a)(ii) is filed; and (ii) shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of Juvenile Procedure, Rule 13. (3) (a) The hearing and notice described in Subsection (1) are subject to: (i) Section 80-3-301; (ii) Section 80-3-302; and (iii) the Utah Rules of Juvenile Procedure. (b) After the hearing described in Subsection (1), the juvenile court may order a child placed in the temporary custody of the division.
Utah Code § 80-2-607 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-607
§ 80-2-607. Health care provider photographs of child abuse or neglect.
Status: in_force

(1) A licensed physician, licensed physician assistant, medical examiner, peace officer, or public health officer or official may take a photograph of the areas of trauma visible on a child and, if medically indicated, perform radiological examinations. (2) A photograph may be taken of the premises or of an object relevant to a reported circumstance of child abuse or neglect. (3) A photograph, X-ray, or other medical record pertinent to an investigation for child abuse or neglect shall be made available to the division, law enforcement agencies, and the court.
Utah Code § 80-2-807 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-807
§ 80-2-807. Division supplemental adoption assistance -- Department advisory committee.
Status: in_force

(1) (a) The division may, based on annual legislative appropriations for adoption assistance and, subject to Subsection (2)(c), division rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide supplemental adoption assistance for a child who has a special need. (b) The division shall provide supplemental adoption assistance under Subsection (1)(a) only after all other resources for which the child is eligible are exhausted. (2) (a) The department shall, by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish at least one advisory committee to review and make recommendations to the division on individual requests for supplemental adoption assistance. (b) The advisory committee shall be comprised of: (i) an adoption expert; (ii) an adoptive parent; (iii) a division representative; (iv) a foster parent; and (v) an adoption caseworker. (c) The division rules described in Subsection (1) shall include a provision that establishes a threshold amount for requests for supplemental adoption assistance that require review by the advisory committee.
Utah Code § 80-6-1107 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1107
§ 80-6-1107. Article 6 -- Rulemaking functions of the Interstate Commission.
Status: in_force

(1) The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact. (2) Rulemaking shall occur pursuant to the criteria set forth in this section and the by-laws and rules adopted pursuant thereto. Rulemaking shall substantially conform to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or any other administrative procedures act, as the commission considers appropriate, consistent with due process requirements under the United States Constitution as interpreted by the Unites States Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the commission. (3) When promulgating a rule, the commission shall, at a minimum: (a) publish the proposed rule's entire text stating the reasons for that proposed rule; (b) allow and invite any and all persons to submit written data, facts, opinions, and arguments, which information shall be added to the record, and be made publicly available; (c) provide an opportunity for an informal hearing if petitioned by ten or more persons; and (d) promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties. (4) Not later than 60 days after a rule is promulgated, the commission shall allow any interested person to file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the commission's principal office is located for judicial review of the rule. If the court finds that the commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this Subsection (4), evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act. (5) If a majority of the legislatures of the compacting states reject a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, state that the rule shall have no further force and effect in any compacting state. (6) The existing rules governing the operation of the Interstate Compact on Juveniles superceded by this act shall be null and void 12 months after the first meeting of the Interstate Commission created in this part. (7) Upon determination by the Interstate Commission that a state of emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.
Utah Code § 80-5-403 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-403
§ 80-5-403. Case management staff.
Status: in_force

(1) The division shall provide a sufficient number of case management staff members to provide care, treatment, and supervision for juvenile offenders on parole and for minors committed to the division by the juvenile courts for community-based programs. (2) (a) Case management staff shall develop treatment programs for each minor in the community, provide appropriate services, and monitor individual progress. (b) Progress reports shall be filed every three months with: (i) the juvenile court for each minor committed to the division for community-based programs; and (ii) the authority for each juvenile offender on parole. (c) The authority, in the case of juvenile offenders on parole, or the juvenile court, in the case of minors committed to the division for placement in community programs, shall be immediately notified, in writing, of any violation of law or of conditions of parole or placement. (3) Case management staff shall: (a) conduct investigations and make reports requested by a juvenile court to aid the juvenile court in determining appropriate case dispositions; and (b) conduct investigations and make reports requested by the authority to aid the authority in making appropriate dispositions in cases of parole, revocation, and termination.
Utah Code § 80-2-403 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-403
§ 80-2-403. Child welfare caseworker safety and risk assessments.
Status: in_force

(1) A child welfare caseworker within the division shall use evidence-informed or evidence-based safety and risk assessments to guide decisions concerning a child throughout a child protection investigation or proceeding. (2) As part of an evidence-informed or evidence-based safety and risk assessment, the child welfare caseworker shall assess at least the following: (a) threat to the child's safety; (b) protective capabilities of a parent or guardian, including the parent or guardian's readiness, willingness, and ability to plan for the child's safety; (c) the child's particular vulnerabilities; (d) interventions required to protect the child; and (e) likelihood of future harm to the child.
Utah Code § 80-8-202 — Utah Code / Title 80 / Chapter 80-8 / § 80-8-202
§ 80-8-202. Training -- Policies.
Status: in_force

(1) A youth service organization shall provide and a youth worker shall complete reasonable training in sexual abuse identification and reporting. (2) A youth service organization shall implement reasonable child abuse prevention policies and procedures that include: (a) policies to ensure that a registered sex offender check is conducted for each youth worker before the youth worker is employed or allowed to volunteer; and (b) policies to ensure the reporting of suspected sexual abuse in compliance with Section 80-2-602.
Utah Code § 80-2-305 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-305
§ 80-2-305. Fraudulently obtained services -- Division recovery -- Agreement with Office of Recovery Services.
Status: in_force

(1) If it is discovered that a person is fraudulently obtaining, or has fraudulently obtained, services offered by the division in accordance with this chapter or Chapter 2a, Removal and Protective Custody of a Child, the division shall take all necessary steps, including legal action through the attorney general, to recover all money or the value of services fraudulently obtained. (2) The division may establish an agreement with the Office of Recovery Services to fulfill the requirements of this section.
Utah Code § 80-6-809 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-809
§ 80-6-809. Division services after termination of custody of a minor.
Status: in_force

(1) If a minor is committed to the custody of the division under Section 80-6-703, the division may continue to provide services to the minor, upon the minor's termination from custody of the division, to allow the minor to participate in an educational, rehabilitative, or support program until the minor is 25 years old under an agreement by the division and the minor that the program has certain conditions. (2) The division shall offer an educational, rehabilitative, or support program to a minor before the minor's termination date. (3) Even if a minor has been previously declined services or services were terminated for noncompliance: (a) a minor, who is terminated from custody, may request the services described in this section; and (b) notwithstanding Subsection (2), the division shall consider a request by a minor under Subsection (3)(a). (4) If a request is made under Subsection (3), the division may reach an agreement with the minor to provide the services described in this section until the minor is 25 years old. (5) The division, or the minor, may terminate an agreement for services under this section at any time.
Utah Code § 80-3-105 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-105
§ 80-3-105. Consolidation of proceedings.
Status: in_force

(1) Subject to Subsection (2), when more than one child is involved in a home situation that may be found to constitute abuse, neglect, or dependency, the proceedings may be consolidated. (2) Separate hearings may be held in proceedings consolidated under Subsection (1) with respect to disposition.
Utah Code § 80-8-204 — Utah Code / Title 80 / Chapter 80-8 / § 80-8-204
§ 80-8-204. Insurance.
Status: in_force

(1) Before writing liability insurance for a youth service organization in the state, an insurer may do one or more of the following: (a) request information from the youth service organization demonstrating compliance with this chapter as part of the insurer's loss control program; or (b) require, as a condition of providing insurance, proof that the youth service organization is in compliance with this chapter. (2) Nothing in this chapter shall be construed to alter or amend existing obligations under any policy of insurance.
Utah Code § 80-6-1006.1 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1006.1
§ 80-6-1006.1. Exceptions to expungement order -- Distribution of expungement order -- Agency duties -- Effect of expungement -- Access to expunged record.
Status: in_force

(1) This section applies to an expungement order under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5. (2) The juvenile court may not order: (a) the Board of Pardons and Parole and the Department of Corrections to seal a record in the possession of the Board of Pardons and Parole or the Department of Corrections, except that the juvenile court may order the Board of Pardons and Parole and the Department of Corrections to restrict access to a record if the record is specifically identified in the expungement order as a record in the possession of the Board of Pardons and Parole or the Department of Corrections; or (b) the Division of Child and Family Services to expunge a record in an individual's juvenile record that is contained in the Management Information System or the Licensing Information System unless: (i) the record is unsupported; or (ii) after notice and an opportunity to be heard, the Division of Child and Family Services stipulates in writing to expunging the record. (3) (a) If the juvenile court issues an expungement order, the juvenile court shall send a copy of the expungement order to any affected agency or official identified in the juvenile record. (b) An individual who is the subject of an expungement order may deliver copies of the expungement order to all agencies and officials affected by the expungement order. (4) (a) Upon receipt of an expungement order, an agency shall: (i) expunge all records affected by the expungement order; and (ii) destroy all photographs and records created under Section 80-6-608, except that a record of a minor's fingerprints may not be destroyed by an agency. (b) Within 60 days after the day on which an agency receives a copy of an expungement order, the agency shall mail an affidavit to the individual who is the subject of the expungement order, or the individual's attorney, that the agency has complied with the expungement order. (5) Notwithstanding Subsection (4), the Board of Pardons and Parole and the Department of Corrections: (a) may not disclose records expunged in an expungement order unless required by law; (b) are not required to destroy any photograph or record created under Section 80-6-608; (c) may use an expunged record for purposes related to incarceration and supervision of an individual under the jurisdiction of the Board of Pardons and Parole, including for the purpose of making decisions about: (i) the treatment and programming of the individual; (ii) housing of the individual; (iii) applicable guidelines regarding the individual; or (iv) supervision conditions for the individual; (d) are not prohibited from disclosing or sharing any information in an expunged record with another agency that uses the same record management system as the Board of Pardons and Parole or the Department of Corrections; and (e) are not required to mail an affidavit under Subsection (4)(b). (6) Upon entry of an expungement order: (a) an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a detention for which the record is expunged is considered to have never occurred; and (b) the individual, who is the subject of the expungement order, may reply to an inquiry on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a detention. (7) A record expunged under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5 may be released to, or viewed by, the individual who is the subject of the record.
Utah Code § 80-2-603 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-603
§ 80-2-603. Fetal alcohol syndrome or spectrum disorder and drug dependency reporting requirements.
Status: in_force

(1) As used in this section: (a) "Health care provider" means: (i) an individual licensed under: (A) Title 58, Chapter 31b, Nurse Practice Act; (B) Title 58, Chapter 44a, Nurse Midwife Practice Act; (C) Title 58, Chapter 67, Utah Medical Practice Act; (D) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (E) Title 58, Chapter 70a, Utah Physician Assistant Act; or (F) Title 58, Chapter 77, Direct-Entry Midwife Act; or (ii) an unlicensed individual who practices midwifery. (b) "Newborn child" means a child who is 30 days old or younger. (c) "Recommending medical provider" means the same as that term is defined in Section 26B-4-201. (d) (i) "Substance abuse" means, except as provided in Subsection (1)(d)(ii), the same as that term is defined in Section 80-1-102. (ii) "Substance abuse" does not include use of drugs or other substances that are: (A) obtained by lawful prescription and used as prescribed; or (B) obtained in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, and used as recommended by a recommending medical provider. (2) A health care provider who attends the birth of a newborn child or cares for a newborn child and determines the following, shall report the determination to the division as soon as possible: (a) the newborn child: (i) is adversely affected by the child's mother's substance abuse during pregnancy; (ii) has fetal alcohol syndrome or fetal alcohol spectrum disorder; or (iii) demonstrates drug or alcohol withdrawal symptoms; or (b) the parent of the newborn child or a person responsible for the child's care demonstrates functional impairment or an inability to care for the child as a result of the parent's or person's substance abuse. (3) The physician-patient privilege does not: (a) excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from reporting under this section; or (b) constitute grounds for excluding evidence regarding the child's injuries, or the cause of the child's injuries, in a judicial or administrative proceeding resulting from a report under this section.
Utah Code § 80-6-601 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-601
§ 80-6-601. Minors' cases considered civil proceedings -- Minor not to be charged with crime -- Exception for a prior adjudication -- Traffic violation cases.
Status: in_force

(1) Except as provided in Part 5, Minor Tried as an Adult, a proceeding in a minor's case under this chapter is a civil proceeding with the juvenile court exercising equitable powers. (2) (a) An adjudication by a juvenile court of a minor under this chapter is not considered a conviction of a crime, except in cases involving traffic violations. (b) An adjudication may not: (i) operate to impose any civil disabilities upon the minor; or (ii) disqualify the minor for any civil service or military service or appointment. (3) (a) Except in cases involving traffic violations, and as provided in Part 5, Minor Tried as an Adult, a minor may not be charged with a crime and convicted in any court. (b) Except as provided in Section 80-6-504 , if a petition is filed in the juvenile court, the minor may not later be subject to criminal prosecution based on the same facts. (c) Except as provided in Section 80-6-305, an individual may not be subject to a proceeding under this chapter for an offense that the individual is alleged to have committed before the individual was 12 years old. (4) (a) An adjudication by a juvenile court of a minor under this chapter is considered a conviction for the purposes of determining the level of offense for which a minor may be charged and enhancing the level of an offense in the juvenile court. (b) A prior adjudication may be used to enhance the level or degree of an offense committed by an adult only as otherwise specifically provided.
Utah Code § 80-3-104 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-104
§ 80-3-104. Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities.
Status: in_force

(1) (a) A minor who is the subject of a juvenile court hearing, any person entitled to notice under Section 80-3-201 or 80-3-301, preadoptive parents, foster parents, and any relative providing care for the minor, are: (i) entitled to notice of, and to be present at, each hearing and proceeding held under this chapter, including administrative reviews; and (ii) have a right to be heard at each hearing and proceeding described in Subsection (1)(a)(i). (b) A child's right to be present at a hearing under Subsection (1)(a) is subject to the discretion of the guardian ad litem appointed under Subsection (3) or the juvenile court regarding any possible detriment to the child. (2) (a) The parent or guardian of a minor who is the subject of an abuse, neglect, or dependency petition has the right to be represented by counsel, and to present evidence, at each hearing. (b) If a parent or guardian is the subject of an abuse, neglect, or dependency petition, the juvenile court shall: (i) appoint an indigent defense service provider for a parent or guardian determined to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel; and (ii) order indigent defense services for the parent or guardian who is determined to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel. (3) (a) In an abuse, neglect, or dependency proceeding under this chapter, the juvenile court shall order that the child be represented by an attorney guardian ad litem, in accordance with Section 78A-2-803. (b) A guardian ad litem appointed under Subsection (3)(a) shall represent the best interest of the minor, in accordance with the requirements of Section 78A-2-803: (i) at the shelter hearing and at all subsequent court and administrative proceedings, including any proceeding for termination of parental rights in accordance with Chapter 4, Termination and Restoration of Parental Rights; and (ii) in other actions initiated under this chapter when appointed by the court under Section 78A-2-803 or as otherwise provided by law. (4) Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in civil enforcement actions, the attorney general shall, in accordance with Section 80-2-303, enforce this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, Removal and Protective Custody of a Child, relating to protection or custody of an abused, neglected, or dependent minor and the termination of parental rights. (5) (a) The juvenile court shall admit any individual to a hearing under this chapter, including a hearing under Section 80-3-205, unless the juvenile court makes a finding upon the record that the individual's presence at the hearing would: (i) be detrimental to the best interest of a minor who is a party to the proceeding; (ii) impair the fact-finding process; or (iii) be otherwise contrary to the interests of justice. (b) The juvenile court may exclude an individual from a hearing under Subsection (5)(a) on the juvenile court's own motion or by motion of a party to the proceeding. (6) 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 § 80-2-808 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-808
§ 80-2-808. Division termination or modification of adoption assistance.
Status: in_force

(1) The division may not terminate or modify adoption assistance unless the division gives the adoptive parents notice and opportunity for a hearing as required in Title 63G, Chapter 4, Administrative Procedures Act. (2) The division shall terminate adoption assistance if any of the following occur: (a) the adoptive parents request termination; (b) subject to Subsection (3), the child reaches 18 years old, unless the division gives approval to continue beyond 18 years old due to mental or physical disability; (c) the child dies; (d) the adoptive parents die; (e) the adoptive parents' legal responsibility for the child ceases; (f) the state determines that the child is no longer receiving support from the adoptive parents; (g) the child marries; or (h) the child enters military service. (3) Adoption assistance may not continue after the day on which the child reaches 21 years old.
Utah Code § 80-6-1115 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1115
§ 80-6-1115. Juvenile compact administrator.
Status: in_force

(1) Under this compact, the governor is authorized and empowered to designate a compact administrator and who, acting jointly with like administrators of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator shall serve subject to the pleasure of the governor. (2) The compact administrator is authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and this state's subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state.
Utah Code § 80-6-701 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-701
§ 80-6-701. Adjudication of an offense.
Status: in_force

(1) (a) If the juvenile court finds, by beyond a reasonable doubt, that the allegations in a petition under Section 80-6-305, or a criminal information under Section 80-6-503, are true at the adjudication hearing, the juvenile court may order a disposition for a minor under this part. (b) In determining the proper disposition for a minor under Subsection (1), the juvenile court may consider written reports and materials in accordance with Utah Rules of Juvenile Procedure, Rule 45. (c) Except as otherwise provided by this chapter, the juvenile court may combine the dispositions under this part if the dispositions are compatible. (d) If the juvenile court orders any disposition under this part, including an order for secure detention under Section 80-6-704, the disposition shall be served concurrently with any other disposition for detention or secure care. (2) The juvenile court shall adjudicate a minor's case in accordance with the Utah Rules of Juvenile Procedure. (3) (a) If an offense committed by a minor comes within the juvenile court's jurisdiction, the juvenile court is not required to make findings of fact upon which the juvenile court bases the juvenile court's jurisdiction for an offense described in Subsection 78A-6-103(1). (b) For an offense not described in Subsection 78A-6-103(1), the juvenile court shall make findings of fact upon which the juvenile court bases the juvenile court's jurisdiction.
Utah Code § 80-6-306 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-306
§ 80-6-306. Plea -- Withdrawal of a plea.
Status: in_force

(1) If a minor is facing a delinquency proceeding under this chapter, the minor may enter: (a) a denial of the alleged offense; (b) an admission of the alleged offense; or (c) with the consent of the juvenile court, a plea of no contest as described in Section 77-13-2. (2) (a) If a minor enters an admission under Subsection (1), the juvenile court may: (i) delay in entering the admission for a defined period of time; and (ii) impose conditions on the minor for the period of time under Subsection (2)(a)(i). (b) If the minor successfully completes the conditions imposed under Subsection (2)(a)(ii), the juvenile court shall dismiss the petition filed under this chapter. (c) If the minor fails to complete the conditions imposed under Subsection (2)(a)(ii), the juvenile court shall: (i) enter the minor's admission; and (ii) proceed with ordering a disposition in accordance with Section 80-6-701. (3) If a minor declines to enter a plea, the juvenile court shall enter a denial. (4) A minor's counsel may enter a denial in the absence of the minor or the minor's parent, guardian, or custodian. (5) The minor may enter an admission to: (a) a lesser included offense; (b) an offense of a lesser degree; or (c) a different offense for which the juvenile court may enter after amending the petition. (6) A plea under this section shall be conducted in accordance with Utah Rules of Juvenile Procedure, Rule 25. (7) A minor may withdraw a denial of an offense at any time before an adjudication under Section 80-6-701. (8) A minor may only withdraw an admission or a plea of no contest upon: (a) leave of the court; and (b) a showing that the admission or plea was not knowingly and voluntarily made. (9) (a) Even if the juvenile court has ordered a disposition under Part 7, Adjudication and Disposition, a minor shall make a request to withdraw an admission, or a plea of no contest, within 30 days after the day on which the minor entered the admission or plea. (b) If the juvenile court has not entered a disposition, the juvenile court may not announce a disposition until the motion to withdraw under Subsection (9)(a) is denied.
Utah Code § 80-6-1118 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1118
§ 80-6-1118. Responsibility of parents.
Status: in_force

The compact administrator is authorized to take appropriate action to recover from parents or guardians, any and all costs expended by the state, or any of the state's subdivisions, to return a delinquent or nondelinquent juvenile to this state, for care provided under any supplementary agreement, or for care pending the return of the juvenile to this state.
Utah Code § 80-2-806 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-806
§ 80-2-806. Division adoption assistance -- Eligibility -- Limitations.
Status: in_force

(1) The purpose of this section is to provide adoption assistance to eligible adoptive families to establish and maintain a permanent adoptive placement for a child who has a special need and who qualifies under state and federal law. (2) (a) The division may provide adoption assistance to an adoptive family who is eligible under this section. (b) The division shall establish, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, eligibility criteria for the receipt of adoption assistance and supplemental adoption assistance. (c) The division shall base a determination of eligibility for the receipt of adoption assistance or supplemental adoption assistance on: (i) the needs of the child; (ii) the resources available to the child; and (iii) the federal requirements of Section 473, Social Security Act. (d) The division: (i) may, to the extent funds are available, use state funds appropriated for adoption assistance to provide post-adoption services to a child who is adopted from the custody of the division; and (ii) unless a parent or guardian of a child who is adopted from the custody of the division expressly requests otherwise, 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 post-adoption services for the child, regardless of whether funds for the post-adoption services come from funds appropriated for adoption assistance or post-adoption services. (3) (a) Except as provided in Subsection (3)(c) and under the federal requirements of Social Security Act, 42 U.S.C. Sec. 670 et seq., the division: (i) shall provide for: (A) payment of nonrecurring adoption expenses for an eligible child who has a special need; and (B) state medical assistance when required by federal law; and (ii) may provide for monthly subsidies for an eligible child who has a special need. (b) (i) The division shall base the level of monthly subsidy under Subsection (3)(a) on: (A) the child's present and long-term treatment and care needs; and (B) the family's ability to meet the needs of the child. (ii) The level of monthly subsidy under Subsection (3)(b)(i) may increase or decrease when the child's level of need or the family's ability to meet the child's need changes. (iii) The family or the division may initiate changes to the monthly subsidy. (c) (i) Payment of nonrecurring adoption expenses under Subsection (3)(a) may not exceed $2,000 and shall be limited to costs incurred before the day on which the adoption is finalized. (ii) Financial support provided under Subsection (3)(a) may not exceed the maximum foster care payment that would be paid at the time the subsidy amount is initiated or revised or if the eligible child had been in a foster family home.
Utah Code § 80-6-711 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-711
§ 80-6-711. Suspending a disposition.
Status: in_force

(1) Except as otherwise provided in Subsection (2), a juvenile court may not suspend a disposition ordered under this part. (2) (a) If a minor qualifies for commitment to the division under Section 80-6-703, the juvenile court may suspend a disposition for commitment to the division in lieu of immediate commitment, upon the condition that the minor commit no new misdemeanor or felony offense within 90 days after the day on which the juvenile court suspends the disposition for commitment. (b) The duration of a suspended disposition under Subsection (2)(a) may not: (i) exceed 90 days after the day on which the juvenile court suspends the disposition for commitment; and (ii) be extended under any circumstance. (3) The juvenile court may only lift a suspension of a disposition under Subsection (2)(a): (a) following adjudication of a new misdemeanor or felony offense committed by the minor during the period of suspension set out under Subsection (2)(a); (b) if a new assessment or evaluation has been completed and the assessment or evaluation recommends that a higher level of care is needed and nonresidential treatment options have been exhausted or nonresidential treatment options are not appropriate; or (c) if, after a notice and a hearing, the juvenile court finds: (i) a new or previous evaluation recommends a higher level of treatment; and (ii) the minor willfully failed to comply with a lower level of treatment and has been unsuccessfully discharged from treatment. (4) A suspended disposition under Subsection (1) may not be imposed without: (a) notice to the minor and the minor's counsel; and (b) a hearing.
Utah Code § 80-3-407 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-407
§ 80-3-407. Six-month review hearing -- Findings regarding reasonable efforts by division -- Findings regarding child and family plan compliance.
Status: in_force

(1) If reunification efforts have been ordered by the juvenile court under Section 80-3-406, the juvenile court shall hold a hearing no more than six months after the day on which the minor is initially removed from the minor's home, in order for the juvenile court to determine whether: (a) the division has provided and is providing reasonable efforts to reunify the family in accordance with the child and family plan; (b) the parent has fulfilled or is fulfilling identified duties and responsibilities in order to comply with the requirements of the child and family plan; and (c) the division considered the preferential consideration and rebuttable presumption described in Subsections 80-3-302(7)(a) and 80-3-303(2)(c). (2) (a) At the hearing described in Subsection (1), if a child remains in an out-of-home placement, the juvenile court shall: (i) make specific findings regarding the conditions of parent-time that are in the child's best interest; and (ii) if parent-time is denied, state the facts that justify the denial. (b) 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 child's fear of the parent in light of the nature of the alleged abuse or neglect. (c) (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 (2)(c)(ii), prevent the child from being traumatized by contact with the parent. (ii) In determining whether the condition of the parent described in Subsection (2)(c)(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. (3) (a) If, for a relative placement, an interstate placement requested under the Interstate Compact on the Placement of Children has been initiated by the division or is ordered by or pending before the juvenile court, the court may not finalize a non-relative placement unless the court gives due weight to: (i) the preferential consideration granted to a relative in Section 80-3-302; (ii) the rebuttable presumption in Section 80-3-302; and (iii) the division's placement authority under Subsections 80-1-102(51) and 80-3-303(1). (b) Nothing in this section affects the ability of a foster parent to petition the juvenile court under Subsection 80-3-502(3).
Utah Code § 80-3-202 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-202
§ 80-3-202. Expedited filing of petition.
Status: in_force

(1) If an abuse, neglect, or dependency petition is requested by the division, the attorney general shall file the abuse, neglect, or dependency petition within 72 hours after the completion of the division's investigation and request, excluding weekends and holidays, if: (a) the child who is the subject of the requested abuse, neglect, or dependency petition is not removed from the child's home by the division; and (b) without an expedited hearing and services ordered under the protective supervision of the juvenile court, the child will likely be taken into protective custody. (2) The juvenile court shall give scheduling priority to the pretrial and adjudication hearings on an abuse, neglect, or dependency petition if: (a) the child who is the subject of the petition is not in: (i) protective custody; or (ii) temporary custody; and (b) the division indicates in the petition that, without expedited hearings and services ordered under the protective supervision of the court, the child will likely be taken into protective custody.
Utah Code § 80-6-609 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-609
§ 80-6-609. Restraint of a minor.
Status: in_force

(1) As used in this section, "restrained" means the use of handcuffs, chains, shackles, zip ties, irons, straightjackets, and any other device or method that is used to immobilize a minor. (2) (a) The Judicial Council shall adopt rules that address the circumstances under which a minor may be restrained while appearing in juvenile court. (b) The Judicial Council shall ensure that the rules consider both the welfare of the minor and the safety of the juvenile court. (c) A minor may not be restrained during a juvenile court proceeding unless restraint is authorized by rules of the Judicial Council.
Utah Code § 80-8-205 — Utah Code / Title 80 / Chapter 80-8 / § 80-8-205
§ 80-8-205. No effect on cause of action -- No duty created.
Status: in_force

(1) Nothing in this chapter abrogates any existing cause of action. (2) Nothing in this chapter creates a private right of action or establishes a duty of reasonable care where one would not otherwise exist.
Utah Code § 80-8-203 — Utah Code / Title 80 / Chapter 80-8 / § 80-8-203
§ 80-8-203. Penalty.
Status: in_force

(1) Beginning May 1, 2025, in any lawsuit against a youth service organization arising out of the molestation or sexual abuse of a child committed by a youth worker against a child who was in the custody or care of the youth service organization, the youth service organization shall be considered negligent if: (a) (i) the youth service organization failed to conduct a registered sex offender check for the youth worker who committed the molestation or sexual abuse; and (ii) a registered sex offender check for the youth worker would have revealed that the youth worker was registered on the state's Sex and Kidnap Offender Registry or the National Sex Offender Public Website; or (b) (i) the youth service organization conducted a registered sex offender check for the youth worker who committed the molestation or sexual abuse; (ii) the registered sex offender check revealed that the youth worker was registered on the state's Sex and Kidnap Offender Registry or the National Sex Offender Public Website; and (iii) the youth service organization nevertheless employed the youth worker or allowed the youth worker to volunteer. (2) Nothing in this section excuses the plaintiff in a lawsuit described in Subsection (1) from proving all other elements of any pleaded claim, including, as applicable, duty, proximate cause, or damages.
Utah Code § 80-6-1112 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1112
§ 80-6-1112. Article 11 -- Withdrawal, default, termination, and judicial enforcement.
Status: in_force

(1) Section A. Withdrawal (a) Once effective, the compact shall continue in force and remain binding upon each and every compacting state. (b) A compacting state may withdraw from the compact by specifically repealing the statute which enacted the compact into law. The effective date of withdrawal is the effective date of the repeal. (c) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing the compact in the withdrawing state. The commission shall notify the other compacting states of the withdrawing state's intent to withdraw within 60 days of its receipt thereof. (d) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal. (e) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon a later date as determined by the commission. (2) Section B. Technical Assistance, Fines, Suspension, Termination, and Default (a) If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the by-laws or duly promulgated rules, the commission may impose any or all of the following penalties: (i) remedial training and technical assistance as directed by the commission; (ii) alternative dispute resolution; (iii) fines, fees, and costs in amounts considered to be reasonable as fixed by the commission; and (iv) suspension or termination of membership in the compact. (b) Suspension or termination of membership in the compact shall be imposed only after all other reasonable means of securing compliance under the by-laws and rules have been exhausted and the commission has determined that the offending state is in default. (c) Immediate notice of suspension shall be given by the commission to the governor, the chief justice, or the chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council. (d) The grounds for default include, but are not limited to, failure of a compacting state to perform obligations or responsibilities imposed upon it by this compact, the by-laws, or duly promulgated rules, and any other grounds designated in commission by-laws and rules. (i) The commission shall immediately notify the defaulting state in writing of the penalty imposed by the commission and of the default pending a cure of the default. (ii) The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. (e) If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated upon the effective date of termination. (f) Within 60 days of the effective date of termination of a defaulting state, the commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state's legislature, and the state council of the termination. (g) The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination. (h) The commission may not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the commission and the defaulting state. (i) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the commission pursuant to the rules. (3) Section C. Judicial Enforcement (a) The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and by-laws, against any compacting state in default. (b) In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of litigation, including reasonable attorneys' fees. (4) Section D. Dissolution of Compact (a) The compact dissolves effective upon the date of the withdrawal or default of a compacting state, which reduces membership in the compact to one compacting state. (b) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, the business and affairs of the Interstate Commission shall be concluded, and any surplus funds shall be distributed in accordance with the by-laws.
Utah Code § 80-6-610 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-610
§ 80-6-610. Property damage caused by a minor -- Liability of parent or guardian.
Status: in_force

(1) A parent or guardian with legal custody of a minor is liable for damages sustained to property not to exceed $2,000 when: (a) the minor intentionally damages, defaces, destroys, or takes the property of another; (b) the minor recklessly or willfully shoots or propels a missile, or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing; or (c) the minor intentionally and unlawfully tampers with the property of another and thereby recklessly endangers human life or recklessly causes or threatens a substantial interruption or impairment of any public utility service. (2) A parent or guardian with legal custody of a minor is liable for damages sustained to property not to exceed $5,000 when the minor is adjudicated for an offense under Subsection (1): (a) for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802; or (b) to gain recognition, acceptance, membership, or increased status with a criminal street gang. (3) A juvenile court may make an order for restitution under Subsection (1) or (2) to be paid by the minor's parent or guardian if the minor is adjudicated for an offense. (4) As used in this section, property damage described under Subsection (1)(a) or (c), or Subsection (2), includes graffiti, as defined in Section 76-6-101. (5) A court may waive part or all of the liability for damages under this section by the minor's parent or guardian if, after the minor is adjudicated, the court finds, upon the record: (a) good cause; or (b) the parent or guardian: (i) made a reasonable effort to restrain the wrongful conduct; and (ii) reported the conduct to the property owner involved or the law enforcement agency having primary jurisdiction after the parent or guardian knew of the minor's unlawful act. (6) A report is not required under Subsection (5)(b) from a parent or guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the property owner involved. (7) A conviction for criminal mischief under Section 76-6-106, property damage or destruction under Section 76-6-106.1, criminal trespass under Section 76-6-206, or an adjudication under Section 80-6-701 is not a condition precedent to a civil action authorized under Subsection (1) or (2). (8) A parent or guardian is not liable under Subsection (1) or (2) if the parent or guardian made a reasonable effort to supervise and direct the minor, or, in the event the parent or guardian knew in advance of the possible taking, injury, or destruction by the minor, made a reasonable effort to restrain the minor.
Utah Code § 80-6-1007 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1007
§ 80-6-1007. Fees.
Status: in_force

(1) Except for a filing fee for a petition under this part, the juvenile court may not charge a fee for: (a) an issuance of an expungement order under this part; or (b) an expungement of a record under this part. (2) An agency may not charge a fee for the expungement of a record under this part.
Utah Code § 80-6-604 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-604
§ 80-6-604. Victim's rights -- Access to juvenile court records.
Status: in_force

(1) (a) If a minor is charged in a petition or information under this chapter for an offense that if committed by an adult would be a felony or a class A or class B misdemeanor, a victim of any act charged in the petition or information shall, upon request, be afforded all rights afforded to victims in: (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act; (ii) Title 77, Chapter 37, Victims' Rights; (iii) Title 77, Chapter 38, Crime Victims; and (iv) Title 78B, Chapter 7, Part 8, Criminal Protective Orders. (b) The notice provisions in Section 77-38-3 do not apply to important juvenile justice hearings as defined in Section 77-38-2. (2) A victim, upon request to the appropriate juvenile court personnel, shall have the right to inspect and duplicate juvenile court records related to the offense against the victim that have not been expunged under Part 10, Juvenile Records and Expungement, concerning: (a) the scheduling of any juvenile court hearings on a petition or information filed under this chapter; (b) any findings made by the juvenile court; and (c) any order or disposition imposed by the juvenile court.
Utah Code § 80-5-301 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-301
§ 80-5-301. Appropriation and funding of juvenile receiving centers.
Status: in_force

Funding for juvenile receiving centers and youth services programs under this part is intended to be broad based, be provided by an appropriation by the Legislature to the division, and include federal grant money, local government money, and private donations.
Utah Code § 80-2-1004 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-1004
§ 80-2-1004. Request for division removal of name from Licensing Information System -- Petition for evidentiary hearing or substantiation.
Status: in_force

(1) Except as provided in Subsection (2), an individual whose name was listed on the Licensing Information System before May 6, 2002, may: (a) request, in writing, a review by the division of the individual's case and removal of the individual's name from the Licensing Information System under Subsection (3); or (b) file a petition for substantiation and a request for a finding of unsubstantiated or without merit in accordance with Section 80-3-504. (2) Subsection (1)(b) does not apply to an individual who has been the subject of any of the following court determinations with respect to the alleged incident of abuse or neglect: (a) conviction; (b) adjudication under Section 80-3-402 or 80-6-701; (c) plea of guilty; (d) plea of guilty with a mental condition; or (e) plea of no contest. (3) If an alleged perpetrator whose name was listed on the Licensing Information System before May 6, 2002, requests removal of the alleged perpetrator's name from the Licensing Information System, the division shall, within 30 days after the day on which the written request is made: (a) (i) review the case to determine whether the incident of alleged abuse or neglect qualifies as: (A) a severe type of child abuse or neglect; (B) chronic abuse; or (C) chronic neglect; and (ii) if the alleged abuse or neglect does not qualify as a type of abuse or neglect described in Subsections (3)(a)(i)(A) through (C), remove the alleged perpetrator's name from the Licensing Information System; or (b) determine whether to file a petition for substantiation in accordance with Section 80-3-504.
Utah Code § 80-6-703 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-703
§ 80-6-703. Placement of a child -- Commitment of a minor to the division -- Limitations.
Status: in_force

(1) (a) If a child is adjudicated for an offense under Section 80-6-701, the juvenile court may: (i) place the child in the legal custody of a relative or other suitable individual regardless of whether the minor is placed on probation under Subsection 80-6-702(1); or (ii) appoint a guardian for the child if it appears that a guardian is necessary in the interest of the child. (b) The juvenile court may not assume the function of developing foster home services in placing a child in the legal custody of a relative or other suitable individual under Subsection (1)(a). (c) (i) If the juvenile court appoints a guardian for a child under Subsection (1)(a)(ii), the juvenile court: (A) may appoint a public or private institution or agency as the guardian of the child; and (B) may not appoint a nonsecure residential placement provider for which legal custody of the child is vested. (d) In placing a child under the guardianship or legal custody of an individual or private agency or institution under Subsection (1)(a)(ii), the juvenile court: (i) shall give primary consideration to the welfare of the child; and (ii) may take into consideration the religious preferences of the child and the child's parent. (2) If a minor is adjudicated under Section 80-6-701, the juvenile court shall only commit the minor to the division and order the division to provide recommendations and services if: (a) nonresidential treatment options have been exhausted or nonresidential treatment options are not appropriate; and (b) the minor is adjudicated under this chapter for: (i) a felony; (ii) a misdemeanor when the minor has five prior misdemeanors or felony adjudications arising from separate criminal episodes; or (iii) a misdemeanor involving the use of a dangerous weapon as defined in Section 76-1-101.5. (3) A juvenile court may not commit a minor to the division: (a) for residential observation and evaluation or residential observation and assessment; (b) for contempt of court, except to the extent permitted under Section 78A-6-353; (c) for a violation of probation; (d) for failure to pay a fine, fee, restitution, or other financial obligation; (e) for unfinished compensatory or community service hours; (f) for an infraction; or (g) for a status offense. (4) If the juvenile court commits a minor to the division, the juvenile court shall: (a) find whether the minor is being committed to the division for placement in a community-based program, secure detention under Section 80-6-704, or secure care under Section 80-6-705; (b) specify the criteria under Subsection (3) for which the juvenile court is committing the minor to the division; and (c) establish the period of time that the minor is committed to the division in accordance with Section 80-6-712. (5) (a) Except for an order for secure care under Section 80-6-705, if the juvenile court commits a minor to the division, or places the minor with an individual under this section, the juvenile court shall include in the order a date for a review and presumptive termination of the minor's case by the juvenile court in accordance with Section 80-6-712. (b) For each review of a minor's case under Subsection (5)(a), the juvenile court shall set a new date for a review and presumptive termination of the minor's case. (6) If a minor is adjudicated for an offense under Section 80-6-701, a juvenile court may not commit a minor to: (a) except as provided in Subsection (7), the Division of Child and Family Services; or (b) a correctional facility. (7) The juvenile court may not commit a minor to the Division of Child and Family Services to address the minor's ungovernable or other behavior, mental health, or disability, unless the Division of Child and Family Services: (a) engages other relevant divisions of the department in conducting an assessment of the minor and the minor's family's needs; (b) based on an assessment under Subsection (7)(a), determines that committing the minor to the Division of Child and Family Services is the least restrictive intervention for the minor that meets the minor's needs; and (c) consents to the minor being committed to the Division of Child and Family Services. (8) If a minor is committed to the division under this section, the division may not transfer custody of the minor to a correctional facility.
Utah Code § 80-3-401 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-401
§ 80-3-401. Pretrial and adjudication hearing -- Time deadlines.
Status: in_force

(1) (a) Upon the filing of an abuse, neglect, or dependency petition, the clerk of the juvenile court shall set the pretrial hearing on the petition within 15 calendar days after the later of: (i) the day on which the shelter hearing is held; or (ii) the day on which the abuse, neglect, or dependency petition is filed. (b) The pretrial hearing may be continued upon motion of any party for good cause shown as described in Utah Rules of Juvenile Procedure, Rule 54. (2) The final adjudication hearing shall be held no later than 60 calendar days after the later of: (a) the day on which the shelter hearing is held; or (b) the day on which the abuse, neglect, or dependency petition is filed.
Utah Code § 80-2-809 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-809
§ 80-2-809. Interstate compact adoption assistance agreements.
Status: in_force

(1) Notwithstanding Section 80-2-801, as used in this section: (a) "Adoption assistance" means financial support to an adoptive parent provided under the Adoption Assistance and Child Welfare Act of 1980, Title IV (e) of the Social Security Act, and Title XIX of the Social Security Act. (b) "Adoption assistance agreement" means a written agreement between the division and adoptive parents, or between any other state and adoptive parents, providing for adoption assistance. (2) The division may develop and negotiate an interstate compact for the provision of medical identification and assistance to an adoptive parent who receives adoption assistance. (3) An interstate compact under Subsection (2) shall include: (a) a provision: (i) for joinder by all states; (ii) for withdrawal from the compact upon written notice to the parties, with a period of one year between the date of the notice and the effective date of withdrawal; (iii) that a child who is the subject of an adoption assistance agreement with another party state, and who subsequently becomes a resident of this state, shall receive medical identification and assistance in this state under the Adoption Assistance and Child Welfare Act of 1980, Title IV (e) of the Social Security Act, and Title XIX of the Social Security Act, based on the child's adoption assistance agreement; and (iv) that a child who is the subject of an adoption assistance agreement with the division, and who subsequently becomes a resident of another party state, shall receive medical identification and assistance from that state under the Adoption and Child Welfare Act of 1980, Title IV (e) of the Social Security Act, and Title XIX of the Social Security Act, based on his adoption assistance agreement; and (b) a requirement that: (i) each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement between the adoptive parents and the agency of the state that initially agrees to provide adoption assistance; (ii) any agreement is expressly for the benefit of the adopted child and is enforceable by the adoptive parent, and by the state agency providing adoption assistance; and (iii) the protections of the interstate compact continue for the duration of the adoption assistance and apply to all children and the children's adoptive parents who receive adoption assistance from a party state other than the state in which the children reside. (4) (a) The division: (i) shall provide services to a child who is the subject of an adoption assistance agreement executed by the division, and who is a resident of another state, if the services are not provided by the child's residence state under an interstate compact; and (ii) may reimburse the adoptive parent upon receipt of evidence of the adoptive parent's payment for services for which the child is eligible, which were not paid by the residence state, and are not covered by insurance or other third party medical contract. (b) The services provided under this subsection are the services for which there is no federal contribution, or which, if federally aided, are not provided by the residence state.
Utah Code § 80-7-102 — Utah Code / Title 80 / Chapter 80-7 / § 80-7-102
§ 80-7-102. Definitions.
Status: in_force

As used in this chapter: (1) "Emancipation" or "emancipated" means a legal status created by court order that allows a minor to: (a) live independent of the minor's parents or guardian; and (b) exercise the same rights as an adult under Subsection 80-7-105(1). (2) "Guardian" has the same meaning as in Section 75-1-201. (3) "Minor" means an individual who is 16 years old or older.
Utah Code § 80-2-302 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-302
§ 80-2-302. Division rulemaking authority -- Family impact statement.
Status: in_force

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules: (a) that establish the process for: (i) determination of eligibility for services offered by the division in accordance with this chapter and Chapter 2a, Removal and Protective Custody of a Child; and (ii) approval of fee schedules for programs within the division; (b) to ensure that private citizens, consumers, foster parents, private contract providers, allied state and local agencies, and others are provided with an opportunity to comment and provide input regarding any new rule or proposed revision of an existing rule; (c) that provide a mechanism for: (i) systematic and regular review of existing rules, including an annual review of all division rules to ensure that the rules comply with applicable statutory provisions; and (ii) consideration of rule changes proposed by the persons described in Subsection (1)(b); (d) regarding: (i) placement for adoption or foster care that are consistent with, and no more restrictive than, applicable statutory provisions; (ii) abuse, neglect, and dependency proceedings; and (iii) domestic violence services provided by the division; and (e) that establish procedures to accommodate the moral and religious beliefs, and culture, of the minors and families that the division serves, including: (i) the immediate family and other relatives of a minor who is in protective custody, temporary custody, or custody of the division, or otherwise under the jurisdiction of the juvenile court; (ii) a foster and other out-of-home placement family; and (iii) an adoptive family. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules that establish: (a) eligibility standards for consumers of division services; or (b) requirements for a program described in Subsection 80-2-301(4)(a)(iv). (3) (a) If the division establishes a rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall include an assessment of the impact of the rule on families, including the impact on the authority of a parent to oversee the care, supervision, upbringing, or education of a child in the parent's custody. (b) The division shall publish a family impact statement describing the assessment described in Subsection (3)(a) in the Utah State Bulletin within 90 days after the day on which the rule described in Subsection (3)(a) is established.
Utah Code § 80-2-705 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-705
§ 80-2-705. Law enforcement interview of a child in division's custody.
Status: in_force

(1) Except as provided in Subsection (2), the division may not consent to the interview of a child in protective custody or the division's temporary custody or custody by a law enforcement officer, unless consent for the interview is obtained from the child's guardian ad litem. (2) Subsection (1) does not apply if a guardian ad litem is not appointed for the child.
Utah Code § 80-6-903 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-903
§ 80-6-903. Parental involvement -- Victims -- Restitution.
Status: in_force

(1) A minor appearing before the youth court shall be accompanied by a parent, guardian, or custodian. (2) A victim shall have the right to attend hearings and be heard. (3) (a) Any restitution due to a victim of an offense shall be made in full prior to the time the case is completed by the youth court. (b) Restitution shall be agreed upon between the minor and the victim.
Utah Code § 80-6-909 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-909
§ 80-6-909. School credit.
Status: in_force

A local school board may provide school credit for participation to a member of a youth court.
Utah Code § 80-2-401 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-401
§ 80-2-401. Division employees -- Failure to comply with law or division rule or policy -- Termination.
Status: in_force

(1) The director shall ensure that an employee is fully trained to comply with state and federal law, administrative rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and division policy in order to effectively carry out the employee's assigned duties and functions. (2) If, after training and supervision, an employee consistently fails to comply with laws, rules, or policies, the employee's employment with the division shall be terminated.
Utah Code § 80-6-606 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-606
§ 80-6-606. Validated risk and needs assessment -- Examination of minor or minor's parent or guardian -- Temporary custody or appointment of guardian.
Status: in_force

(1) (a) If a minor is adjudicated for an offense under this chapter, the minor shall undergo a risk screening or, if indicated, a validated risk and needs assessment. (b) If a minor undergoes a risk screening or a validated risk and needs assessment, the results of the screening or assessment shall be used to inform the juvenile court's disposition and any case planning for the minor. (c) If a minor undergoes a validated risk and needs assessment, the results of the assessment may not be shared with the juvenile court before the adjudication of the minor. (2) If the juvenile court's continuing jurisdiction over a minor's case is terminated, the minor shall undergo a validated risk and needs assessment within seven days of the day on which an order terminating the juvenile court's continuing jurisdiction is issued if: (a) the minor is adjudicated under this chapter; and (b) the minor underwent a validated risk and needs assessment under Subsection (1). (3) (a) If a petition under this chapter has been filed for a minor, a juvenile court may: (i) order that the minor be examined by a physician, surgeon, psychiatrist, or psychologist; and (ii) place the minor in a hospital or other facility for examination. (b) After notice and a hearing set for the specific purpose, the juvenile court may order an examination of a minor's parent or guardian whose ability to care for a minor is at issue if the juvenile court finds from the evidence presented at the hearing that the parent's or guardian's physical, mental, or emotional condition may be a factor in causing the delinquency of the minor. (c) An examination conducted in accordance with this Subsection (3) is not a privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general rule of privilege. (4) (a) Subject to Subsection (4)(b), if a petition under this chapter has been filed for a child, a juvenile court may: (i) place the child in the temporary custody of a relative or other suitable individual if the child's parent or guardian consents to the placement; (ii) appoint a guardian for the child if it appears a guardian is in the necessary interests of the child and the child's parent or guardian consents to the appointment; or (iii) place the child in the temporary custody of a relative or other suitable individual under Subsection (4)(a)(i) or appoint a guardian for the child under Subsection (4)(a)(ii) without the consent of the child's parent or guardian if the child's parent or guardian cannot be located with reasonable diligence. (b) The juvenile court may not grant temporary custody or a guardianship of a child to the Division of Child and Family Services under Subsection (4)(a) to address the minor's ungovernable or other behavior, mental health, or other disability, unless the Division of Child and Family Services: (i) engages other relevant divisions of the department in conducting an assessment of the child and the child's family's needs; (ii) based on an assessment under Subsection (4)(b)(i), determines that granting temporary custody or a guardianship of the child to the Division of Child and Family Services is the least restrictive intervention for the child that meets the child's needs; and (iii) consents to the child being committed to the temporary custody of, or placed in a guardianship, with the Division of Child and Family Services.
Utah Code § 80-5-501 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-501
§ 80-5-501. Detention facilities and services.
Status: in_force

(1) The division shall provide detention facilities and services in each county, or group of counties, as the population demands, in accordance with this chapter. (2) (a) The division is responsible for development, implementation, and administration of home detention services available in every judicial district. (b) The division shall establish criteria for placement in home detention. (3) The division shall provide training regarding implementation of the rules made under Subsection 80-5-202(1)(a) to law enforcement agencies, division employees, juvenile court employees, and other affected agencies and individuals upon their request. (4) The division may not allow a male individual and female individual to share a minor room in a detention facility.
Utah Code § 80-1-103 — Utah Code / Title 80 / Chapter 80-1 / § 80-1-103
§ 80-1-103. Cooperation of political subdivisions and public or private agencies and organizations.
Status: in_force

(1) Every county, municipality, and school district, and the Department of Health and Human Services, the Division of Juvenile Justice and Youth Services, the Division of Child and Family Services, the Office of Substance Use and Mental Health, the State Board of Education, and state and local law enforcement officers, shall render all assistance and cooperation within their jurisdiction and power to further the provisions of this title. (2) A juvenile court is authorized to seek the cooperation of all agencies and organizations, public or private, whose objective is the protection or aid of minors.
Utah Code § 80-6-902 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-902
§ 80-6-902. Youth court -- Authorization -- Referral.
Status: in_force

(1) A minor may serve in a youth court, under the supervision of an adult coordinator, in various capacities within the courtroom, acting in the role of jurors, lawyers, bailiffs, clerks, and judges. (a) A minor who appears before a youth court has been identified by law enforcement personnel, school officials, a prosecuting attorney, or the juvenile court as having committed an act, including a minor offense or eligible offense under Section 53G-8-211, that indicates a need for intervention to prevent further development toward juvenile delinquency, but which appear to be acts that can be appropriately addressed outside the juvenile court process. (b) A youth court may only hear cases as provided for in this part. (c) A youth court is not a court established under the Utah Constitution, Article VIII. (2) A youth court may not accept referrals from law enforcement, schools, prosecuting attorneys, or a juvenile court unless the youth court is certified by the Youth Court Board. (3) (a) Any person may refer a minor to a youth court for a minor offense or for any other eligible offense under Section 53G-8-211. (b) Once a referral is made, the case shall be screened by an adult coordinator to determine whether the minor offense or other eligible offense qualifies as a youth court case. (4) A youth court has authority over a minor: (a) referred for one or more minor offenses or who are referred for other eligible offenses under Section 53G-8-211, or who are granted permission for referral under this part; (b) who, along with a parent, guardian, or custodian, voluntarily and in writing, request youth court involvement; and (c) who, along with a parent, guardian, or custodian, agree to follow the youth court's disposition of the case. (5) (a) Except with permission granted under Subsection (6), or in accordance with Section 53G-8-211, a youth court may not exercise authority over a minor whose case is under the continuing jurisdiction of the juvenile court for an offense, including any minor who has a matter pending that has not yet been adjudicated. (b) Notwithstanding Subsection (5)(a), a youth court may exercise authority over a minor who is involved in a proceeding under the continuing jurisdiction of the juvenile court if the offense before the youth court is not a law violation and the referring agency has notified the juvenile court of the referral. (6) A youth court may exercise authority over a minor described in Subsection (5), and over any other offense with the permission of the juvenile court and the prosecuting attorney in the county or district that would have jurisdiction if the matter were referred to juvenile court. (7) Permission of the juvenile court may be granted by a juvenile probation officer in the district that would have jurisdiction over the offense being referred to a youth court. (8) A youth court may: (a) decline to accept a minor for youth court disposition for any reason; and (b) terminate a youth from youth court participation at any time. (9) (a) A minor, or the minor's parent, guardian, or custodian may withdraw from the youth court process at any time. (b) The youth court shall immediately notify the referring source of the withdrawal. (10) The youth court may transfer a case back to the referring source for alternative handling at any time. (11) Referral of a case to youth court may not, if otherwise eligible, prohibit the subsequent referral of the case to any court. (12) Proceedings and dispositions of a youth court may only be shared with the referring agency, juvenile court, and victim. (13) When a minor does not complete the terms ordered by a youth court, and if the case is referred to a juvenile court, the youth court shall provide the case file to the juvenile court.
Utah Code § 80-2-301 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-301
§ 80-2-301. Division responsibilities.
Status: in_force

(1) The division is the child, youth, and family services authority of the state. (2) The division shall: (a) administer services to minors and families, including: (i) child welfare services; (ii) domestic violence services; and (iii) all other responsibilities that the Legislature or the executive director of the department may assign to the division; (b) provide the following services: (i) financial and other assistance to an individual adopting a child with special needs under Sections 80-2-806 through 80-2-809, not to exceed the amount the division would provide for the child as a legal ward of the state; (ii) non-custodial and in-home services in accordance with Section 80-2-306, including: (A) services designed to prevent family break-up; and (B) family preservation services; (iii) reunification services to families whose children are in substitute care in accordance with this chapter, Chapter 2a, Removal and Protective Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings; (iv) protective supervision of a family, upon court order, in an effort to eliminate abuse or neglect of a child in that family; (v) shelter care in accordance with this chapter, Chapter 2a, Removal and Protective Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings; (vi) domestic violence services, in accordance with the requirements of federal law; (vii) protective services to victims of domestic violence and the victims' children, in accordance with this chapter, Chapter 2a, Removal and Protective Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings; (viii) substitute care for dependent, abused, and neglected children; (ix) services for minors who are victims of human trafficking or human smuggling, as described in Sections 76-5-308 through 76-5-317, or who have engaged in prostitution or sexual solicitation, as defined in Sections 76-5d-202 and 76-5d-209; and (x) training for staff and providers involved in the administration and delivery of services offered by the division in accordance with this chapter and Chapter 2a, Removal and Protective Custody of a Child; (c) establish standards for all: (i) contract providers of out-of-home care for minors and families; (ii) facilities that provide substitute care for dependent, abused, or neglected children placed in the custody of the division; and (iii) direct or contract providers of domestic violence services described in Subsection (2)(b)(vi); (d) have authority to: (i) contract with a private, nonprofit organization to recruit and train foster care families and child welfare volunteers in accordance with Section 80-2-405; (ii) approve facilities that meet the standards established under Subsection (2)(c) to provide substitute care for dependent, abused, or neglected children placed in the custody of the division; and (iii) approve an individual to provide short-term relief care to a foster parent if the individual: (A) provides the relief care for less than six consecutive nights; (B) provides the relief care in the short-term relief care provider's home; (C) is direct access qualified, as that term is defined in Section 26B-2-120; and (D) is an immediate family member or relative, as those terms are defined in Section 80-3-102, of the foster parent; (e) cooperate with the federal government in the administration of child welfare and domestic violence programs and other human service activities assigned by the department; (f) in accordance with Subsection (5)(a), promote and enforce state and federal laws enacted for the protection of abused, neglected, or dependent children, in accordance with this chapter and Chapter 2a, Removal and Protective Custody of a Child, unless administration is expressly vested in another division or department of the state; (g) cooperate with the Workforce Development Division within the Department of Workforce Services in meeting the social and economic needs of an individual who is eligible for public assistance; (h) compile relevant information, statistics, and reports on child and family service matters in the state; (i) prepare and submit to the department, the governor, and the Legislature reports of the operation and administration of the division in accordance with the requirements of Sections 80-2-1102 and 80-2-1103; (j) within appropriations from the Legislature, provide or contract for a variety of domestic violence services and treatment methods; (k) enter into contracts for programs designed to reduce the occurrence or recurrence of abuse and neglect in accordance with Section 80-2-503; (l) seek reimbursement of funds the division expends on behalf of a child in the protective custody, temporary custody, or custody of the division, from the child's parent or guardian in accordance with an order for child support under Section 78A-6-356; (m) ensure regular, periodic publication, including electronic publication, regarding the number of children in the custody of the division who: (i) have a permanency goal of adoption; or (ii) have a final plan of termination of parental rights, under Section 80-3-409, and promote adoption of the children; (n) subject to Subsections (5) and (7), refer an individual receiving services from the division to the local substance abuse authority or other private or public resource for a court-ordered drug screening test; (o) report before November 30, 2020, and every third year thereafter, to the Social Services Appropriations Subcommittee regarding: (i) the daily reimbursement rate that is provided to licensed foster parents based on level of care; (ii) the amount of money spent on daily reimbursements for licensed foster parents during the previous fiscal year; and (iii) any recommended changes to the division's budget to support the daily reimbursement rates described in Subsection (2)(o)(i); (p) when a division child welfare caseworker identifies a safety concern with the foster home, cooperate with the Office of Licensing and make a recommendation to the Office of Licensing concerning whether the foster home's license should be placed on conditions, suspended, or revoked; and (q) perform other duties and functions required by law. (3) (a) The division may provide, directly or through contract, services that include the following: (i) adoptions; (ii) day-care services; (iii) out-of-home placements for minors; (iv) health-related services; (v) homemaking services; (vi) home management services; (vii) protective services for minors; (viii) transportation services; or (ix) domestic violence services. (b) The division shall monitor services provided directly by the division or through contract to ensure compliance with applicable law and rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (c) (i) Except as provided in Subsection (3)(c)(ii), if the division provides a service through a private contract, the division shall post the name of the service provider on the division's website. (ii) Subsection (3)(c)(i) does not apply to a foster parent placement. (4) (a) The division may: (i) receive gifts, grants, devises, and donations; (ii) encourage merchants and service providers to: (A) donate goods or services; or (B) provide goods or services at a nominal price or below cost; (iii) distribute goods to applicants or consumers of division services free or for a nominal charge and tax free; and (iv) appeal to the public for funds to meet needs of applicants or consumers of division services that are not otherwise provided by law, including Sub-for-Santa programs, recreational programs for minors, and requests for household appliances and home repairs. (b) If requested by the donor and subject to state and federal law, the division shall use a gift, grant, devise, donation, or proceeds from the gift, grant, devise, or donation for the purpose requested by the donor. (5) (a) In carrying out the requirements of Subsection (2)(f), the division shall: (i) cooperate with the juvenile courts, the Division of Juvenile Justice and Youth Services, and with all public and private licensed child welfare agencies and institutions to develop and administer a broad range of services and support; (ii) take the initiative in all matters involving the protection of abused or neglected children, if adequate provisions have not been made or are not likely to be made; and (iii) make expenditures necessary for the care and protection of the children described in Subsection (5)(a)(ii), within the division's budget. (b) If an individual is referred to a local substance abuse authority or other private or public resource for court-ordered drug screening under Subsection (2)(n), the court shall order the individual to pay all costs of the tests unless: (i) the cost of the drug screening is specifically funded or provided for by other federal or state programs; (ii) the individual is a participant in a drug court; or (iii) the court finds that the individual is an indigent individual. (6) Except to the extent provided by rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division is not required to investigate domestic violence in the presence of a child, as described in Section 76-5-114. (7) (a) Except as provided in Subsection (7)(b), the division may not: (i) require a parent who has a child in the custody of the division to pay for some or all of the cost of any drug testing the parent is required to undergo; or (ii) refer an individual who is receiving services from the division for drug testing by means of a hair, fingernail, or saliva test that is administered to detect the presence of drugs. (b) Notwithstanding Subsection (7)(a)(ii), the division may refer an individual who is receiving services from the division for drug testing by means of a saliva test if: (i) the individual consents to drug testing by means of a saliva test; or (ii) the court, based on a finding that a saliva test is necessary in the circumstances, orders the individual to complete drug testing by means of a saliva test.
Utah Code § 80-5-207 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-207
§ 80-5-207. Restitution by a minor committed to the division.
Status: in_force

(1) (a) The division shall make reasonable efforts to ensure that restitution is made to the victim of a minor who is committed to the division. (b) Except as provided in Subsection (1)(c), restitution shall be made through the employment of minors in work programs. (c) Reimbursement to the victim of a minor is conditional upon the minor's involvement in the work program. (2) The division shall notify the juvenile court of all restitution paid to victims through the employment of a minor, who is committed to the division, in a work program.
Utah Code § 80-6-709 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-709
§ 80-6-709. Payment of fines, fees, restitution, or other costs -- Community or compensatory service -- Property damage -- Unpaid balances.
Status: in_force

(1) (a) If a minor is adjudicated for an offense under Section 80-6-701, the juvenile court may order a minor to: (i) pay a fine, fee, or other cost; (ii) pay restitution in accordance with Section 80-6-710; or (iii) complete community or compensatory service hours. (b) (i) If the juvenile court orders the minor to pay restitution under Subsection (1)(a), a juvenile probation officer may permit the minor to complete a work program in lieu of paying part or all of the restitution by the juvenile court. (ii) If the juvenile court orders the minor to complete community or compensatory service hours, a juvenile probation officer may permit the minor to complete a work program to help the minor complete the community or compensatory service hours. (c) The juvenile court may, through a juvenile probation officer, encourage the development of nonresidential employment or a work program to enable a minor to fulfill the minor's obligations under Subsection (1)(a). (d) Notwithstanding this section, a juvenile court may not place a minor on a ranch, forestry camp, or other residential work program for care or work. (2) If the juvenile court orders a minor to pay a fine, fee, restitution, or other cost, or to complete community or compensatory service hours, the juvenile court shall consider the dispositions collectively to ensure that an order: (a) is reasonable; (b) prioritizes restitution; and (c) except for restitution as provided in Subsection 80-6-710(5)(c), takes into account the minor's ability to pay the fine, fee, or other cost within the presumptive period under Section 80-6-712 or Section 80-6-802 if the minor is ordered to secure care. (3) (a) If the juvenile court orders a minor to pay a fine, fee, or other cost, or complete community or compensatory service hours, the cumulative order shall be limited per criminal episode as follows: (i) for a minor under 16 years old at the time of adjudication, the juvenile court may impose up to $190 or up to 24 hours of community or compensatory service; and (ii) for a minor 16 years old or older at the time of adjudication, the juvenile court may impose up to $280 or up to 36 hours of community or compensatory service. (b) The cumulative order under Subsection (3)(a) does not include restitution. (4) (a) If the juvenile court converts a fine, fee, or restitution amount to compensatory service hours, the rate of conversion shall be no less than the minimum wage. (b) If the juvenile court orders a minor to complete community service, the presumptive service order shall include between five and 10 hours of service. (c) If a minor completes an approved substance use disorder prevention or treatment program or other court-ordered condition, the minor may be credited with compensatory service hours for the completion of the program or condition by the juvenile court. (5) (a) If a minor commits an offense involving the use of graffiti under Section 76-6-106, 76-6-106.1, or 76-6-206, the juvenile court may order the minor to clean up graffiti created by the minor or any other individual at a time and place within the jurisdiction of the juvenile court. (b) The minor may complete the order of the juvenile court under Subsection (5)(a) in the presence and under the direct supervision of the minor's parent, guardian, or custodian. (c) The minor's parent, guardian, or custodian shall report completion of the order to the juvenile court. (d) The juvenile court may also require the minor to perform other alternative forms of restitution or repair to the damaged property in accordance with Section 80-6-710. (6) (a) Except as provided in Subsection (6)(b), the juvenile court may issue orders necessary for the collection of restitution and fines ordered under this section, including garnishments, wage withholdings, and executions. (b) The juvenile court may not issue an order under Subsection (6)(a) if the juvenile court orders a disposition that changes custody of a minor, including detention, secure care, or any other secure or nonsecure residential placement. (7) Any information necessary to collect unpaid fines, fees, assessments, or restitution may be forwarded to employers, financial institutions, law enforcement, constables, the Office of Recovery Services, or other agencies for purposes of enforcing an order under this section. (8) (a) If, before the entry of any order terminating the juvenile court's continuing jurisdiction over a minor's case, there remains an unpaid balance for any fine, fee, or restitution ordered by the juvenile court, the juvenile court shall: (i) record all pertinent information for the unpaid balance in the minor's file; and (ii) if there is an unpaid amount of restitution, record the amount of unpaid restitution as a civil judgment and list the victim, or the estate of the victim, as the judgment creditor in the civil judgment. (b) The juvenile court may not transfer responsibility to collect unpaid fines, fees, surcharges, and restitution for a minor's case to the Office of State Debt Collection created in Section 63A-3-502.
Utah Code § 80-8-201 — Utah Code / Title 80 / Chapter 80-8 / § 80-8-201
§ 80-8-201. Youth protection requirements.
Status: in_force

(1) A youth service organization may not employ a youth worker or allow an individual to volunteer as a youth worker unless the youth service organization has completed a registered sex offender check for the individual. (2) To facilitate the registered sex offender check required by Subsection (1), a youth services organization may require a potential youth worker to provide the individual's full name and, if the youth services organization has any question about the potential youth worker's identity, a current, government-issued identification. (3) If an individual is registered on the registry described in Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or the National Sex Offender Public Website, a youth service organization may not employ the individual as a youth worker or allow the individual to volunteer as a youth worker.
Utah Code § 80-2-602 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-602
§ 80-2-602. Child abuse and neglect reporting requirements -- Exceptions.
Status: in_force

(1) Except as provided in Subsection (3), if a person, including an individual licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67, Utah Medical Practice Act, has reason to believe that a child is, or has been, the subject of abuse or neglect, or observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect, the person shall immediately report the suspected abuse or neglect to the division or to the nearest peace officer or law enforcement agency. (2) (a) (i) If a peace officer or law enforcement agency receives a report under Subsection (1), the peace officer or law enforcement agency shall immediately notify the nearest office of the division. (ii) If the division receives a report under Subsection (1), the division shall immediately notify the appropriate local law enforcement agency. (b) (i) The division shall, in addition to the division's own investigation in accordance with Section 80-2-701, coordinate with the law enforcement agency on an investigation undertaken by the law enforcement agency to investigate the report of abuse or neglect under Subsection (1). (ii) If a law enforcement agency undertakes an investigation of a report under Subsection (1), the law enforcement agency shall provide a final investigatory report to the division upon request. (3) Subject to Subsection (4), the reporting requirement described in Subsection (1) does not apply to: (a) a member of the clergy, with regard to any confession made to the member of the clergy while functioning in the ministerial capacity of the member of the clergy and without the consent of the individual making the confession, if: (i) the perpetrator made the confession directly to the member of the clergy; and (ii) the member of the clergy is, under canon law or church doctrine or practice, bound to maintain the confidentiality of the confession; or (b) an attorney, or an individual employed by the attorney, if the knowledge or belief of the suspected abuse or neglect of a child arises from the representation of a client, unless the attorney is permitted to reveal the suspected abuse or neglect of the child to prevent reasonably certain death or substantial bodily harm in accordance with Utah Rules of Professional Conduct, Rule 1.6. (4) (a) When a member of the clergy receives information about abuse or neglect from any source other than confession of the perpetrator, the member of the clergy is required to report the information even if the member of the clergy also received information about the abuse or neglect from the confession of the perpetrator. (b) When a member of the clergy reasonably believes that a child is the subject of ongoing abuse or neglect, the member of the clergy may report the information even if the perpetrator made a confession to the member of the clergy regarding the abuse or neglect. (c) Exemption of the reporting requirement for an individual described in Subsection (3) does not exempt the individual from any other efforts required by law to prevent further abuse or neglect by the perpetrator. (d) A report by a member of the clergy under Subsection (4) is not intended to have any effect on the application of a privilege outlined in the Utah Rules of Evidence. (5) The physician-patient privilege does not: (a) excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from reporting under this section; or (b) constitute grounds for excluding evidence regarding the child's injuries, or the cause of the child's injuries, in a judicial or administrative proceeding resulting from a report under this section.
Utah Code § 80-3-301 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-301
§ 80-3-301. Shelter hearing -- Court considerations.
Status: in_force

(1) A juvenile court shall hold a shelter hearing to determine the temporary custody of a child within 72 hours, excluding weekends and holidays, after any one or all of the following occur: (a) removal of the child from the child's home by the division; (b) placement of the child in protective custody; (c) emergency placement under Subsection 80-2a-202(5); (d) as an alternative to removal of the child, a parent enters a domestic violence shelter at the request of the division; or (e) a motion for expedited placement in temporary custody is filed under Section 80-3-203. (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the division shall issue a notice that contains all of the following: (a) the name and address of the individual to whom the notice is directed; (b) the date, time, and place of the shelter hearing; (c) the name of the child on whose behalf an abuse, neglect, or dependency petition is brought; (d) a concise statement regarding: (i) the reasons for removal or other action of the division under Subsection (1); and (ii) the allegations and code sections under which the proceeding is instituted; (e) a statement that the parent or guardian to whom notice is given, and the child, are entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is an indigent individual and cannot afford an attorney, and desires to be represented by an attorney, one will be provided in accordance with Title 78B, Chapter 22, Indigent Defense Act; and (f) a statement that the parent or guardian is liable for the cost of support of the child in the protective custody, temporary custody, and custody of the division, and the cost for legal counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial ability of the parent or guardian. (3) The notice described in Subsection (2) shall be personally served as soon as possible, but no later than one business day after the day on which the child is removed from the child's home, or the day on which a motion for expedited placement in temporary custody under Section 80-3-203 is filed, on: (a) the appropriate guardian ad litem; and (b) both parents and any guardian of the child, unless the parents or guardians cannot be located. (4) Notwithstanding Section 80-3-104, the following individuals shall be present at the shelter hearing: (a) the child, unless it would be detrimental for the child; (b) the child's parents or guardian, unless the parents or guardian cannot be located, or fail to appear in response to the notice; (c) counsel for the parents, if one is requested; (d) the child's guardian ad litem; (e) the child welfare caseworker from the division who is assigned to the case; and (f) the attorney from the attorney general's office who is representing the division. (5) (a) At the shelter hearing, the juvenile court shall: (i) provide an opportunity to provide relevant testimony to: (A) the child's parent or guardian, if present; and (B) any other individual with relevant knowledge; (ii) subject to Section 80-3-108, provide an opportunity for the child to testify; and (iii) in accordance with Subsections 80-3-302(7)(c) and (d), grant preferential consideration to a relative or friend for the temporary placement of the child. (b) The juvenile court: (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile Procedure; (ii) shall hear relevant evidence presented by the child, the child's parent or guardian, the requesting party, or the requesting party's counsel, including relevant evidence regarding harm the specific child has suffered or will suffer due to the separation or continued separation from the child's parent or guardian; and (iii) may in the juvenile court's discretion limit testimony and evidence to only that which goes to the issues of removal and the child's need for continued protection. (6) If the child is in protective custody, the division shall report to the juvenile court: (a) the reason why the child was removed from the parent's or guardian's custody; (b) any services provided to the child and the child's family in an effort to prevent removal; (c) the need, if any, for continued shelter; (d) the available services that could facilitate the return of the child to the custody of the child's parent or guardian; and (e) subject to Subsections 80-3-302(7)(c) and (d), whether any relatives of the child or friends of the child's parents may be able and willing to accept temporary placement of the child. (7) The juvenile court shall consider all relevant evidence provided by an individual or entity authorized to present relevant evidence under this section. (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good cause shown, the juvenile court may grant no more than one continuance, not to exceed five judicial days. (b) A juvenile court shall honor, as nearly as practicable, the request by a parent or guardian for a continuance under Subsection (8)(a). (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice described in Subsection (2) within the time described in Subsection (3), the juvenile court may grant the request of a parent or guardian for a continuance, not to exceed five judicial days. (9) (a) If the child is in protective custody, the juvenile court shall order that the child be returned to the custody of the parent or guardian unless the juvenile court finds, by a preponderance of the evidence, consistent with the protections and requirements provided in Subsection 80-2a-201(1), that any one of the following exists: (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or safety of the child and the child's physical health or safety may not be protected without removing the child from the custody of the child's parent; (ii) (A) the child is suffering emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning; (B) the parent or guardian is unwilling or unable to make reasonable changes that would sufficiently prevent future damage; and (C) there are no reasonable means available by which the child's emotional health may be protected without removing the child from the custody of the child's parent or guardian; (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is not removed from the custody of the child's parent or guardian; (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same household has been, or is considered to be at substantial risk of being, physically abused, sexually abused, or sexually exploited by: (A) a parent or guardian; (B) a member of the parent's household or the guardian's household; or (C) an individual known to the parent or guardian; (v) the parent or guardian is unwilling to have physical custody of the child; (vi) the parent or guardian is unable to have physical custody of the child; (vii) the child is without any provision for the child's support; (viii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe and appropriate care for the child; (ix) (A) a relative or other adult custodian with whom the child is left by the parent or guardian is unwilling or unable to provide care or support for the child; (B) the whereabouts of the parent or guardian are unknown; and (C) reasonable efforts to locate the parent or guardian are unsuccessful; (x) subject to Subsection 80-1-102(59)(b)(i) and Sections 80-3-109 and 80-3-304, the child is in immediate need of medical care; (xi) (A) the physical environment or the fact that the child is left unattended beyond a reasonable period of time poses a threat to the child's health or safety; and (B) the parent or guardian is unwilling or unable to make reasonable changes that would remove the threat; (xii) (A) the child or a minor residing in the same household has been neglected; and (B) the parent or guardian is unwilling or unable to make reasonable changes that would prevent the neglect; (xiii) the parent, guardian, or an adult residing in the same household as the parent or guardian, is charged or arrested in accordance with Title 76, Chapter 18, Part 5, Clandestine Drug Labs, and any clandestine laboratory operation was located in the residence or on the property where the child resided; (xiv) (A) the child's welfare is substantially endangered; and (B) the parent or guardian is unwilling or unable to make reasonable changes that would remove the danger; or (xv) the child's parent: (A) intentionally, knowingly, or recklessly causes the death of another parent of the child; (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 child; or (C) is being prosecuted for or has been convicted of intentionally, knowingly, or recklessly causing the death of another parent of the child. (b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is established if: (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency involving the parent; and (B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs. (ii) For purposes of Subsection (9)(a)(iv), if the juvenile court finds that the parent knowingly allowed the child to be in the physical care of an individual after the parent received actual notice that the individual physically abused, sexually abused, or sexually exploited the child, that fact is prima facie evidence that there is a substantial risk that the child will be physically abused, sexually abused, or sexually exploited. (10) (a) (i) The juvenile court shall make a determination on the record as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from the child's home and whether there are available services that would prevent the need for continued removal. (ii) If the juvenile court finds that the child can be safely returned to the custody of the child's parent or guardian through the provision of the services described in Subsection (10)(a)(i), the juvenile court shall place the child with the child's parent or guardian and order that the services be provided by the division. (b) In accordance with federal law, the juvenile court shall consider the child's health, safety, and welfare as the paramount concern when making the determination described in Subsection (10)(a), and in ordering and providing the services described in Subsection (10)(a). (11) If, at the time of the child's removal, an emergency situation existed in which the child could not safely remain at home, the juvenile court shall make a finding on the record that any lack of preplacement preventive efforts, as described in Section 80-2a-302, was appropriate. (12) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved, the juvenile court and the division do not have any duty to make reasonable efforts or to, in any other way, attempt to maintain a child in the child's home, return a child to the child's home, provide reunification services, or attempt to rehabilitate the offending parent or parents. (13) The juvenile court may not order continued removal of a child solely on the basis of educational neglect, truancy, or failure to comply with a court order to attend school. (14) (a) If a juvenile court orders continued removal of a child under this section, the juvenile court shall state the facts on which the decision is based. (b) If no continued removal is ordered and the child is returned home, the juvenile court shall state the facts on which the decision is based. (15) If the juvenile court finds that continued removal and temporary custody are necessary for the protection of a child under Subsection (9)(a), the juvenile court shall order continued removal regardless of: (a) any error in the initial removal of the child; (b) the failure of a party to comply with notice provisions; or (c) any other procedural requirement of this chapter, Chapter 2, Child Welfare Services, or Chapter 2a, Removal and Protective Custody of a Child.
Utah Code § 80-5-209 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-209
§ 80-5-209. Health care for minors in custody.
Status: in_force

(1) The division may not initiate any of the following procedures or treatments for a minor: (a) puberty inhibition drug treatment; (b) a cross-sex hormone treatment; (c) a primary sex characteristic surgical procedure; or (d) a secondary sex characteristic surgical procedure. (2) Subject to Subsection (1) and Sections 80-5-501 and 80-5-503 regarding housing a minor, to treat a minor's gender dysphoria and any co-occurring mental health disorder, the division may provide psychotherapy, mental health care, or any other necessary and appropriate treatment.
Utah Code § 80-4-104 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-104
§ 80-4-104. Judicial process for termination -- Parent unfit or incompetent -- Best interest of child.
Status: in_force

(1) Under both the United States Constitution and the constitution of this state, a parent possesses a fundamental liberty interest in the care, custody, and management of the parent's child. For this reason, the termination of family ties by the state may only be done for compelling reasons. (2) The juvenile court shall provide a fundamentally fair process to a parent if a party moves to terminate the parent's parental rights. (3) If the party moving to terminate parental rights is a governmental entity, the juvenile court shall find that any actions or allegations made in opposition to the rights and desires of a parent regarding the parent's child are supported by sufficient evidence to satisfy a parent's constitutional entitlement to heightened protection against government interference with the parent's fundamental rights and liberty interests. (4) (a) The fundamental liberty interest of a parent concerning the care, custody, and management of the parent's child is recognized, protected, and does not cease to exist simply because: (i) a parent may fail to be a model parent; or (ii) the parent's child is placed in the temporary custody of the state. (b) The juvenile court should give serious consideration to the fundamental right of a parent to rear the parent's child, and concomitantly, of the right of the child to be reared by the child's parent. (5) At all times, a parent retains a vital interest in preventing the irretrievable destruction of family life. (6) Before an adjudication of unfitness, government action in relation to a parent and a parent's child may not exceed the least restrictive means or alternatives available to accomplish a compelling state interest. (7) Until parental unfitness is established and the children suffer, or are substantially likely to suffer, serious detriment as a result, the child and the child's parent share a vital interest in preventing erroneous termination of their relationship and the juvenile court may not presume that a child and the child's parents are adversaries. (8) (a) It is in the best interest and welfare of a child to be raised under the care and supervision of the child's parents. (b) A child's need for a normal family life in a permanent home, and for positive, nurturing family relationships is usually best met by the child's parents. (c) Additionally, the integrity of the family unit and the right of parents to conceive and raise their children are constitutionally protected. (d) For these reasons, the juvenile court should only transfer custody of a child from the child's parent for compelling reasons and when there is a jurisdictional basis to do so. (9) The right of a fit, competent parent to raise the parent's child without undue government interference is a fundamental liberty interest that has long been protected by the laws and Constitution of this state and of the United States, and is a fundamental public policy of this state. (10) (a) The state recognizes that: (i) a parent has the right, obligation, responsibility, and authority to raise, manage, train, educate, provide for, and reasonably discipline the parent's child; and (ii) the state's role is secondary and supportive to the primary role of a parent. (b) It is the public policy of this state that a parent retain the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of the parent's child. (c) The interests of the state favor preservation and not severance of natural familial bonds in situations where a positive, nurturing parent-child relationship can exist, including extended family association and support. (11) This chapter provides a judicial process for voluntary and involuntary severance of the parent-child relationship, designed to safeguard the rights and interests of all parties concerned and promote their welfare and that of the state. (12) (a) Wherever possible, family life should be strengthened and preserved, but if a parent is found, by reason of the parent's conduct or condition, to be unfit or incompetent based upon any of the grounds for termination described in this part, the juvenile court shall then consider the welfare and best interest of the child of paramount importance in determining whether termination of parental rights shall be ordered. (b) In determining whether termination is in the best interest of the child, and in finding, based on the totality of the circumstances, that termination of parental rights, from the child's point of view, is strictly necessary to promote the child's best interest, the juvenile court shall consider, among other relevant factors, whether: (i) sufficient efforts were dedicated to reunification in accordance with Section 80-4-301; and (ii) pursuant to Section 80-3-302,the efforts to place the child with a relative who has, or is willing to come forward to care for the child, were given due weight.
Utah Code § 80-4-401 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-401
§ 80-4-401. Petition to restore parental rights -- Division duties.
Status: in_force

(1) A child, who is 12 years old or older, or an authorized representative acting on behalf of a child of any age, may file a petition to restore parental rights if: (a) 24 months have passed since the day on which the juvenile court ordered termination of the former parent's parental rights; and (b) the child: (i) has not been adopted and is not in an adoptive placement, or is unlikely to be adopted before the child is 18 years old; or (ii) was previously adopted following a termination of parental rights, but the adoption failed and the child was returned to the custody of the division. (2) The petition to restore parental rights shall be: (a) filed in the juvenile court that previously terminated parental rights; and (b) served on the division. (3) The division shall notify and inform a child who is 12 years old or older and who qualifies for restoration of parental rights under Subsection (1) that the child is eligible to file a petition to restore parental rights under this part. (4) Upon the receipt of a petition to restore parental rights, filed by a child or an authorized representative acting on behalf of a child, the division shall: (a) make a diligent effort to locate the former parent whose rights may be restored under this part; and (b) if the former parent is found, as described in Subsection (4)(a), notify the former parent of: (i) the legal effects of restoration; and (ii) the time and date of the hearing on the petition to restore parental rights. (5) The juvenile court shall set a hearing on the petition to restore parental rights at least 30 days, but no more than 60 days, after the day on which the petition to restore parental rights is filed with the juvenile court. (6) Before the hearing described in Subsection (5), the division may submit a confidential report to the juvenile court that includes the following information: (a) material changes in circumstances since the termination of parental rights; (b) a summary of the reasons why parental rights were terminated; (c) the date on which parental rights were terminated; (d) the willingness of the former parent to resume contact with the child and have parental rights restored; (e) the ability of the former parent to be involved in the life of the child and accept physical custody of, and responsibility for, the child; and (f) any other information the division reasonably considers appropriate and determinative. (7) (a) A former parent who remedies the circumstances that resulted in the termination of the former parent's parental rights and who is capable of exercising proper and effective parental care, shall notify the division that if the circumstances described in Subsection (1) are established, the former parent desires and requests to have the former parent's parental rights restored. (b) The former parent's request to the division shall be fully and fairly considered by the division for appropriate submittal to the court.
Utah Code § 80-2-1002 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-1002
§ 80-2-1002. Licensing Information System -- Contents -- Classification of records -- Access -- Unlawful release -- Penalty.
Status: in_force

(1) (a) The division shall maintain a sub-part of the Management Information System as the Licensing Information System to be used: (i) for licensing purposes; or (ii) as otherwise provided by law. (b) Notwithstanding Subsection (1)(a), the department's access to information in the Management Information System for the licensure and monitoring of a foster parent is governed by Sections 80-2-1001 and 26B-2-121. (2) The Licensing Information System shall include only the following information: (a) the name and other identifying information of the alleged perpetrator in a supported finding, without identifying the alleged perpetrator as a perpetrator or alleged perpetrator; (b) a notation to the effect that an investigation regarding the alleged perpetrator described in Subsection (2)(a) is pending; (c) the information described in Subsection (3); (d) consented-to supported findings by an alleged perpetrator under Subsection 80-2-708(3)(a)(iii); (e) a finding from the juvenile court under Section 80-3-404 or 80-3-504; and (f) the information in the licensing part of the division's Management Information System as of May 6, 2002. (3) Subject to Section 80-2-1003, upon receipt of a finding from the juvenile court under Section 80-3-404 or 80-3-504, the division shall: (a) promptly amend the Licensing Information System to include the finding; and (b) enter the finding in the Management Information System. (4) Information or a record contained in the Licensing Information System is: (a) a protected record under Title 63G, Chapter 2, Government Records Access and Management Act; and (b) notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, accessible only: (i) to the Division of Licensing and Background Checks created in Section 26B-2-901: (A) for licensing purposes; or (B) as otherwise specifically provided for by law; (ii) to the division to: (A) screen an individual at the request of the Office of Guardian Ad Litem at the time the individual seeks a paid or voluntary position with the Office of Guardian Ad Litem and annually throughout the time that the individual remains with the Office of Guardian Ad Litem; and (B) respond to a request for information from an individual whose name is listed in the Licensing Information System; (iii) to a person designated by the Department of Health and Human Services, only for the following purposes: (A) licensing a child care program or provider; or (B) determining whether an individual associated with a child care facility, program, or provider, who is exempt from being licensed or certified by the Department of Health and Human Services under Title 26B, Chapter 2, Part 4, Child Care Licensing, has a supported finding of a severe type of child abuse or neglect; (iv) to a person designated by the Department of Workforce Services and approved by the Department of Health and Human Services for the purpose of qualifying a child care provider under Section 35A-3-310.5; (v) to the Bureau of Emergency Medical Services, within the Department of Public Safety, in determining whether an individual who is seeking an emergency medical services license has a supported finding of a severe type of child abuse or neglect; (vi) as provided in Section 26B-2-121; or (vii) to the department or another person, as provided in this chapter. (5) A person designated by the Department of Health and Human Services, the Department of Workforce Services, or the Bureau of Emergency Medical Services under Subsection (4) shall adopt measures to: (a) protect the security of the Licensing Information System; and (b) strictly limit access to the Licensing Information System to persons allowed access by statute. (6) The department shall approve a person allowed access by statute to information or a record contained in the Licensing Information System and provide training to the person with respect to: (a) accessing the Licensing Information System; (b) maintaining strict security; and (c) the criminal provisions of Sections 63G-2-801 and 80-2-1005 pertaining to the improper release of information. (7) (a) Except as authorized by this chapter, a person may not request another person to obtain or release any other information in the Licensing Information System to screen for potential perpetrators of abuse or neglect. (b) A person who requests information knowing that the request is a violation of this Subsection (7) is subject to the criminal penalties described in Sections 63G-2-801 and 80-2-1005.