Utah Code § 80-1-102 — Utah Code / Title 80 / Chapter 80-1 / § 80-1-102
§ 80-1-102. Juvenile Code definitions.
Status: in_force

1/1/2027Except as provided in Section 80-6-1103, as used in this title: (1) (a) "Abuse" means: (i) (A) nonaccidental harm of a child; (B) threatened harm of a child; (C) sexual exploitation; (D) sexual abuse; or (E) human trafficking of a child for labor in violation of Section 76-5-308.5; (F) human trafficking of a child for commercial sexual exploitation in violation of Section 76-5-308.6; or (ii) that a 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) "Abuse" does not include: (i) reasonable discipline or management of a child, including withholding privileges; (ii) conduct described in Section 76-2-401; or (iii) the use of reasonable and necessary physical restraint or force on a child: (A) in self-defense; (B) in defense of others; (C) to protect the child; or (D) to remove a weapon in the possession of a child for any of the reasons described in Subsections (1)(b)(iii)(A) through (C). (2) "Abused child" means a child who has been subjected to abuse. (3) (a) "Adjudication" means, except as provided in Subsection (3)(b): (i) for a delinquency petition or criminal information under Chapter 6, Juvenile Justice: (A) a finding by the juvenile court that the facts alleged in a delinquency petition or criminal information alleging that a minor committed an offense have been proved; (B) an admission by a minor in the juvenile court as described in Section 80-6-306; or (C) a plea of no contest by a minor in the juvenile court; or (ii) for all other proceedings under this title, a finding by the juvenile court that the facts alleged in the petition have been proved. (b) "Adjudication" does not include: (i) an admission by a minor described in Section 80-6-306 until the juvenile court enters the minor's admission; or (ii) a finding of not competent to proceed in accordance with Section 80-6-402. (4) (a) "Adult" means an individual who is 18 years old or older. (b) "Adult" does not include an individual: (i) who is 18 years old or older; and (ii) who is a minor. (5) "Attorney guardian ad litem" means the same as that term is defined in Section 78A-2-801. (6) "Board" means the Board of Juvenile Court Judges. (7) "Child" means, except as provided in Section 80-2-905, an individual who is under 18 years old. (8) "Child and family plan" means a written agreement between a child's parents or guardian and the Division of Child and Family Services as described in Section 80-3-307. (9) "Child placing" means the same as that term is defined in Section 26B-2-101. (10) "Child-placing agency" means the same as that term is defined in Section 26B-2-101. (11) "Child protection team" means a team consisting of: (a) the child welfare caseworker assigned to the case; (b) if applicable, the child welfare caseworker who made the decision to remove the child; (c) a representative of the school or school district where the child attends school; (d) if applicable, the law enforcement officer who removed the child from the home; (e) a representative of the appropriate Children's Justice Center, if one is established within the county where the child resides; (f) if appropriate, and known to the division, a therapist or counselor who is familiar with the child's circumstances; (g) if appropriate, a representative of law enforcement selected by the chief of police or sheriff in the city or county where the child resides; and (h) any other individuals determined appropriate and necessary by the team coordinator and chair. (12) (a) "Chronic abuse" means repeated or patterned abuse. (b) "Chronic abuse" does not mean an isolated incident of abuse. (13) (a) "Chronic neglect" means repeated or patterned neglect. (b) "Chronic neglect" does not mean an isolated incident of neglect. (14) "Clandestine laboratory operation" means the same as that term is defined in Section 76-18-501. (15) "Commit" or "committed" means, unless specified otherwise: (a) with respect to a child, to transfer legal custody; and (b) with respect to a minor who is at least 18 years old, to transfer custody. (16) "Community-based program" means a nonsecure residential or nonresidential program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least restrictive setting, consistent with public safety, and operated by or under contract with the Division of Juvenile Justice and Youth Services. (17) "Community placement" means placement of a minor in a community-based program described in Section 80-5-402. (18) "Correctional facility" means: (a) a county jail; or (b) a secure correctional facility as defined in Section 64-13-1. (19) "Criminogenic risk factors" means evidence-based factors that are associated with a minor's likelihood of reoffending. (20) "Department" means the Department of Health and Human Services created in Section 26B-1-201. (21) "Dependent child" or "dependency" means a child who is without proper care through no fault of the child's parent, guardian, or custodian. (22) "Deprivation of custody" means transfer of legal custody by the juvenile court from a parent or a previous custodian to another person, agency, or institution. (23) "Detention" means home detention or secure detention. (24) "Detention facility" means a facility, established by the Division of Juvenile Justice and Youth Services in accordance with Section 80-5-501, for minors held in detention. (25) "Detention risk assessment tool" means an evidence-based tool established under Section 80-5-203 that: (a) assesses a minor's risk of failing to appear in court or reoffending before adjudication; and (b) is designed to assist in making a determination of whether a minor shall be held in detention. (26) "Developmental immaturity" means incomplete development in one or more domains that manifests as a functional limitation in the minor's present ability to: (a) consult with counsel with a reasonable degree of rational understanding; and (b) have a rational as well as factual understanding of the proceedings. (27) "Disposition" means an order by a juvenile court, after the adjudication of a minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition. (28) "Educational neglect" means that, after receiving a notice of compulsory education violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to ensure that the child receives an appropriate education. (29) "Educational series" means an evidence-based instructional series: (a) obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104; and (b) designed to prevent substance use or the onset of a mental health disorder. (30) "Emancipated" means the same as that term is defined in Section 80-7-102. (31) "Evidence-based" means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool. (32) "Expressed interest" means the goals, desires, outcomes, or wishes that a minor has expressed. (33) "Forensic evaluator" means the same as that term is defined in Section 77-15-2. (34) "Formal probation" means a minor is: (a) supervised in the community by, and reports to, a juvenile probation officer or an agency designated by the juvenile court; and (b) subject to return to the juvenile court in accordance with Section 80-6-607. (35) "Gender identity" means the same as that term is defined in Section 34A-5-102. (36) "Group rehabilitation therapy" means psychological and social counseling of one or more individuals in the group, depending upon the recommendation of the therapist. (37) "Guardian" means a person appointed by a court to make decisions regarding a minor, including the authority to consent to: (a) marriage; (b) enlistment in the armed forces; (c) major medical, surgical, or psychiatric treatment; or (d) legal custody, if legal custody is not vested in another individual, agency, or institution. (38) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801. (39) "Harm" means: (a) physical or developmental injury or damage; (b) emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning; (c) sexual abuse; or (d) sexual exploitation. (40) "Home detention" means placement of a minor: (a) if before a disposition, in the minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or custodian, under terms and conditions established by the Division of Juvenile Justice and Youth Services or the juvenile court; or (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or custodian, under terms and conditions established by the Division of Juvenile Justice and Youth Services or the juvenile court. (41) (a) "Incest" means engaging in sexual intercourse with an individual whom the perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin. (b) "Incest" includes: (i) blood relationships of the whole or half blood, regardless of whether the relationship is legally recognized; (ii) relationships of parent and child by adoption; and (iii) relationships of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists. (42) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903. (43) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903. (44) "Indigent defense service provider" means the same as that term is defined in Section 78B-22-102. (45) "Indigent defense services" means the same as that term is defined in Section 78B-22-102. (46) "Indigent individual" means the same as that term is defined in Section 78B-22-102. (47) (a) "Intake probation" means a minor is: (i) monitored by a juvenile probation officer; and (ii) subject to return to the juvenile court in accordance with Section 80-6-607. (b) "Intake probation" does not include formal probation. (48) "Intellectual disability" means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior that constitutes a substantial limitation to the individual's ability to function in society. (49) "Juvenile offender" means: (a) a serious youth offender; or (b) a youth offender. (50) "Juvenile probation officer" means a probation officer appointed under Section 78A-6-205. (51) "Juvenile receiving center" means a nonsecure, nonresidential program established by the Division of Juvenile Justice and Youth Services, or under contract with the Division of Juvenile Justice and Youth Services, that is responsible for minors taken into temporary custody under Section 80-6-201. (52) "Legal custody" means a relationship embodying: (a) the right to physical custody of the minor; (b) the right and duty to protect, train, and discipline the minor; (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary medical care; (d) the right to determine where and with whom the minor shall live; and (e) the right, in an emergency, to authorize surgery or other extraordinary care. (53) "Licensing Information System" means the Licensing Information System maintained by the Division of Child and Family Services under Section 80-2-1002. (54) "Management Information System" means the Management Information System developed by the Division of Child and Family Services under Section 80-2-1001. (55) "Mental illness" means: (a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or (b) the same as that term is defined in: (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or (ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. (56) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102: (a) a child; or (b) an individual: (i) (A) who is at least 18 years old and younger than 21 years old; and (B) for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense; (ii) (A) who is at least 18 years old and younger than 25 years old; and (B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or (iii) (A) who is at least 18 years old and younger than 21 years old; and (B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). (57) "Mobile crisis outreach team" means the same as that term is defined in Section 26B-5-101. (58) "Molestation" means that an individual, with the intent to arouse or gratify the sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child, or the breast of a female child, or takes indecent liberties with a child as defined in Section 76-5-401.1. (59) (a) "Neglect" means action or inaction causing: (i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child; (ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian; (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being; (iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused; (v) abandonment of a child through an unregulated child custody transfer under Section 81-14-203; or (vi) educational neglect. (b) "Neglect" does not include: (i) a parent or guardian legitimately practicing religious beliefs and who, for that reason, does not provide specified medical treatment for a child; (ii) a health care decision made for a child by the child's parent or guardian, unless the state or other party to a proceeding shows, by clear and convincing evidence, that the health care decision is not reasonable and informed; (iii) a parent or guardian exercising the right described in Section 80-3-304; or (iv) permitting a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities, including: (A) traveling to and from school, including by walking, running, or bicycling; (B) traveling to and from nearby commercial or recreational facilities; (C) engaging in outdoor play; (D) remaining in a vehicle unattended, except under the conditions described in Subsection 76-5-115(2); (E) remaining at home unattended; or (F) engaging in a similar independent activity. (60) "Neglected child" means a child who has been subjected to neglect. (61) "Nonjudicial adjustment" means closure of the case by the assigned juvenile probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the consent in writing of: (a) the assigned juvenile probation officer; and (b) (i) the minor; or (ii) the minor and the minor's parent, guardian, or custodian. (62) "Not competent to proceed" means that a minor, due to a mental illness, intellectual disability or related condition, or developmental immaturity, lacks the ability to: (a) understand the nature of the proceedings against the minor or of the potential disposition for the offense charged; or (b) consult with counsel and participate in the proceedings against the minor with a reasonable degree of rational understanding. (63) (a) "Parent" means, except as provided in Section 80-3-302, an individual with a parent-child relationship, as defined in Section 81-5-102, to a minor. (b) "Parent" includes the minor's noncustodial parent as defined in Section 81-1-101. (64) "Parole" means a conditional release of a juvenile offender from residency in secure care to live outside of secure care under the supervision of the Division of Juvenile Justice and Youth Services, or another person designated by the Division of Juvenile Justice and Youth Services. (65) "Physical abuse" means abuse that results in physical injury or damage to a child. (66) (a) "Probation" means a legal status created by court order, following an adjudication under Section 80-6-701, whereby the minor is permitted to remain in the minor's home under prescribed conditions. (b) "Probation" includes intake probation or formal probation. (67) "Prosecuting attorney" means: (a) the attorney general and any assistant attorney general; (b) any district attorney or deputy district attorney; (c) any county attorney or assistant county attorney; and (d) any other attorney authorized to commence an action on behalf of the state. (68) "Protective custody" means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of: (a) the day on which the shelter hearing is held under Section 80-3-301; or (b) the day on which the child is returned home. (69) "Protective services" means expedited services that are provided: (a) in response to evidence of neglect, abuse, or dependency of a child; (b) to a cohabitant who is neglecting or abusing a child, in order to: (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse; and (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and (c) in cases where the child's welfare is endangered: (i) to bring the situation to the attention of the appropriate juvenile court and law enforcement agency; (ii) to cause a protective order to be issued for the protection of the child, when appropriate; and (iii) to protect the child from the circumstances that endanger the child's welfare including, when appropriate: (A) removal from the child's home; (B) placement in substitute care; and (C) petitioning the court for termination of parental rights. (70) "Protective supervision" means a legal status created by court order, following an adjudication on the ground of abuse, neglect, or dependency, whereby: (a) the minor is permitted to remain in the minor's home; and (b) supervision and assistance to correct the abuse, neglect, or dependency is provided by an agency designated by the juvenile court. (71) (a) "Related condition" means a condition that: (i) is found to be closely related to intellectual disability; (ii) results in impairment of general intellectual functioning or adaptive behavior similar to that of an intellectually disabled individual; (iii) is likely to continue indefinitely; and (iv) constitutes a substantial limitation to the individual's ability to function in society. (b) "Related condition" does not include mental illness, psychiatric impairment, or serious emotional or behavioral disturbance. (72) (a) "Residual parental rights and duties" means the rights and duties remaining with a parent after legal custody or guardianship, or both, have been vested in another person or agency, including: (i) the responsibility for support; (ii) the right to consent to adoption; (iii) the right to determine the child's religious affiliation; and (iv) the right to reasonable parent-time unless restricted by the court. (b) If no guardian has been appointed, "residual parental rights and duties" includes the right to consent to: (i) marriage; (ii) enlistment; and (iii) major medical, surgical, or psychiatric treatment. (73) "Runaway" means a child, other than an emancipated child, who willfully leaves the home of the child's parent or guardian, or the lawfully prescribed residence of the child, without permission. (74) "Secure care" means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor. (75) "Secure care facility" means a facility, established in accordance with Section 80-5-503, for juvenile offenders in secure care. (76) "Secure detention" means temporary care of a minor who requires secure custody in a physically restricting facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services: (a) before disposition of an offense that is alleged to have been committed by the minor; or (b) under Section 80-6-704. (77) "Serious youth offender" means an individual who: (a) is at least 14 years old, but under 25 years old; (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction of the juvenile court was extended over the individual's case until the individual was 25 years old in accordance with Section 80-6-605; and (c) is committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. (78) "Severe abuse" means abuse that causes or threatens to cause serious harm to a child. (79) "Severe neglect" means neglect that causes or threatens to cause serious harm to a child. (80) (a) "Severe type of child abuse or neglect" means, except as provided in Subsection (80)(b): (i) if committed by an individual who is 18 years old or older: (A) chronic abuse; (B) severe abuse; (C) sexual abuse; (D) sexual exploitation; (E) abandonment; (F) chronic neglect; or (G) severe neglect; or (ii) if committed by an individual who is under 18 years old: (A) causing serious injury, as defined in Subsection 76-5-109(1), to another child that indicates a significant risk to other children; or (B) sexual behavior with or upon another child that indicates a significant risk to other children. (b) "Severe type of child abuse or neglect" does not include: (i) the use of reasonable and necessary physical restraint by an educator in accordance with Section 53G-8-301 or Section 76-2-401; (ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the use of reasonable and necessary physical restraint or force in self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or other dangerous object in the possession or under the control of a child or to protect the child or another individual from physical injury; or (iii) a health care decision made for a child by a child's parent or guardian, unless, subject to Subsection (80)(c), the state or other party to the proceeding shows, by clear and convincing evidence, that the health care decision is not reasonable and informed. (c) Subsection (80)(b)(iii) does not prohibit a parent or guardian from exercising the right to obtain a second health care opinion. (81) (a) "Sexual abuse" means: (i) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult directed towards a child; (ii) an act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if: (A) there is an indication of force or coercion; (B) the children are related, as described in Subsection (41), including siblings by marriage while the marriage exists or by adoption; or (C) the act or attempted act constitutes unlawful sexual activity as described in Section 76-5-401.3. (iii) engaging in any conduct with a child that would constitute an offense under any of the following, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense: (A) Title 76, Chapter 5, Part 4, Sexual Offenses; (B) child bigamy, Section 76-7-101.5; (C) incest, Section 76-7-102; (D) voyeurism, Section 76-12-306; (E) recorded or photographed voyeurism, Section 76-12-307; or (F) distribution of images obtained through voyeurism, Section 76-12-308; or (iv) subjecting a child to participate in or threatening to subject a child to participate in a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural marriage. (b) "Sexual abuse" does not include engaging in any conduct with a child that would constitute an offense described in Section 76-5-401, unlawful sexual activity with a minor, if the alleged perpetrator of the offense is a minor. (82) "Sexual exploitation" means knowingly: (a) employing, using, persuading, inducing, enticing, or coercing any child to: (i) pose in the nude for the purpose of sexual arousal of any individual; or (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct; (b) displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child: (i) in the nude, for the purpose of sexual arousal of any individual; or (ii) engaging in sexual or simulated sexual conduct; or (c) engaging in any conduct that would constitute an offense under Section 76-5b-201, sexual exploitation of a minor, Section 76-5b-201.1, aggravated sexual exploitation of a minor, Section 76-5b-207, possession of apparent child sexual abuse material, Section 76-5b-208, distribution of apparent child sexual abuse material, or Section 76-5b-209, unlawful activity regarding obscene material depicting the sexual abuse of a minor, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense. (83) "Shelter" means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction. (84) "Shelter facility" means a nonsecure facility that provides shelter for a minor. (85) "Significant risk" means a risk of harm that is determined to be significant in accordance with risk assessment tools and rules established by the Division of Child and Family Services in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that focus on: (a) age; (b) social factors; (c) emotional factors; (d) sexual factors; (e) intellectual factors; (f) family risk factors; and (g) other related considerations. (86) "Single criminal episode" means the same as that term is defined in Section 76-1-401. (87) "Status offense" means an offense that would not be an offense but for the age of the offender. (88) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or excessive use of alcohol or other drugs or substances. (89) "Substantiated" or "substantiation" means a judicial finding based on a preponderance of the evidence, and separate consideration of each allegation made or identified in the case, that abuse, neglect, or dependency occurred. (90) "Substitute care" means: (a) the placement of a minor in a family home, group care facility, or other placement outside the minor's own home, either at the request of a parent or other responsible relative, or upon court order, when it is determined that continuation of care in the minor's own home would be contrary to the minor's welfare; (b) services provided for a minor in the protective custody of the Division of Child and Family Services, or a minor in the temporary custody or custody of the Division of Child and Family Services, as those terms are defined in Section 80-2-102; or (c) the licensing and supervision of a substitute care facility. (91) "Supported" means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. (92) "Termination of parental rights" means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order. (93) "Therapist" means: (a) an individual employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in the division's or agency's custody; or (b) any other individual licensed or approved by the state for the purpose of conducting psychological treatment and counseling. (94) "Threatened harm" means actions, inactions, or credible verbal threats, indicating that the child is at an unreasonable risk of harm or neglect. (95) "Torture" means: (a) the infliction of a serious injury upon a child in an exceptionally cruel or exceptionally depraved manner that causes the child to experience extreme physical or psychological pain or anguish; or (b) the infliction of a serious injury, or more than one serious injury, upon a child as part of a course of conduct or over a prolonged period of time. (96) "Ungovernable" means a child in conflict with a parent or guardian, and the conflict: (a) results in behavior that is beyond the control or ability of the child, or the parent or guardian, to manage effectively; (b) poses a threat to the safety or well-being of the child, the child's family, or others; or (c) results in the situations described in Subsections (96)(a) and (b). (97) "Unsubstantiated" means a judicial finding that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. (98) "Unsupported" means a finding by the Division of Child and Family Services at the completion of an investigation, after the day on which the Division of Child and Family Services concludes the alleged abuse, neglect, or dependency is not without merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. (99) "Validated risk and needs assessment" means an evidence-based tool that assesses a minor's risk of reoffending and a minor's criminogenic needs. (100) "Without merit" means a finding at the completion of an investigation by the Division of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency. (101) "Youth offender" means an individual who is: (a) at least 12 years old, but under 21 years old; and (b) committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705.1/1/2027Except as provided in Section 80-6-1103, as used in this title: (1) (a) "Abuse" means: (i) (A) nonaccidental harm of a child; (B) threatened harm of a child; (C) sexual exploitation; (D) sexual abuse; or (E) human trafficking of a child for labor in violation of Section 76-5-308.5; (F) human trafficking of a child for commercial sexual exploitation in violation of Section 76-5-308.6; or (ii) that a 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) "Abuse" does not include: (i) reasonable discipline or management of a child, including withholding privileges; (ii) conduct described in Section 76-2-401; or (iii) the use of reasonable and necessary physical restraint or force on a child: (A) in self-defense; (B) in defense of others; (C) to protect the child; or (D) to remove a weapon in the possession of a child for any of the reasons described in Subsections (1)(b)(iii)(A) through (C). (2) "Abused child" means a child who has been subjected to abuse. (3) (a) "Adjudication" means, except as provided in Subsection (3)(b): (i) for a delinquency petition or criminal information under Chapter 6, Juvenile Justice: (A) a finding by the juvenile court that the facts alleged in a delinquency petition or criminal information alleging that a minor committed an offense have been proved; (B) an admission by a minor in the juvenile court as described in Section 80-6-306; or (C) a plea of no contest by a minor in the juvenile court; or (ii) for all other proceedings under this title, a finding by the juvenile court that the facts alleged in the petition have been proved. (b) "Adjudication" does not include: (i) an admission by a minor described in Section 80-6-306 until the juvenile court enters the minor's admission; or (ii) a finding of not competent to proceed in accordance with Section 80-6-402. (4) (a) "Adult" means an individual who is 18 years old or older. (b) "Adult" does not include an individual: (i) who is 18 years old or older; and (ii) who is a minor. (5) "Attorney guardian ad litem" means the same as that term is defined in Section 78A-2-801. (6) "Board" means the Board of Juvenile Court Judges. (7) "Child" means, except as provided in Section 80-2-905, an individual who is under 18 years old. (8) "Child and family plan" means a written agreement between a child's parents or guardian and the Division of Child and Family Services as described in Section 80-3-307. (9) "Child placing" means the same as that term is defined in Section 26B-2-101. (10) "Child-placing agency" means the same as that term is defined in Section 26B-2-101. (11) "Child protection team" means a team consisting of: (a) the child welfare caseworker assigned to the case; (b) if applicable, the child welfare caseworker who made the decision to remove the child; (c) a representative of the school or school district where the child attends school; (d) if applicable, the law enforcement officer who removed the child from the home; (e) a representative of the appropriate Children's Justice Center, if one is established within the county where the child resides; (f) if appropriate, and known to the division, a therapist or counselor who is familiar with the child's circumstances; (g) if appropriate, a representative of law enforcement selected by the chief of police or sheriff in the city or county where the child resides; and (h) any other individuals determined appropriate and necessary by the team coordinator and chair. (12) (a) "Chronic abuse" means repeated or patterned abuse. (b) "Chronic abuse" does not mean an isolated incident of abuse. (13) (a) "Chronic neglect" means repeated or patterned neglect. (b) "Chronic neglect" does not mean an isolated incident of neglect. (14) "Clandestine laboratory operation" means the same as that term is defined in Section 76-18-501. (15) "Commit" or "committed" means, unless specified otherwise: (a) with respect to a child, to transfer legal custody; and (b) with respect to a minor who is at least 18 years old, to transfer custody. (16) "Community-based program" means a nonsecure residential or nonresidential program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least restrictive setting, consistent with public safety, and operated by or under contract with the Division of Juvenile Justice and Youth Services. (17) "Community placement" means placement of a minor in a community-based program described in Section 80-5-402. (18) "Correctional facility" means: (a) a county jail; or (b) a secure correctional facility as defined in Section 64-13-1. (19) "Criminogenic risk factors" means evidence-based factors that are associated with a minor's likelihood of reoffending. (20) "Department" means the Department of Health and Human Services created in Section 26B-1-201. (21) "Dependent child" or "dependency" means a child who is without proper care through no fault of the child's parent, guardian, or custodian. (22) "Deprivation of custody" means transfer of legal custody by the juvenile court from a parent or a previous custodian to another person, agency, or institution. (23) "Detention" means home detention or secure detention. (24) "Detention facility" means a facility, established by the Division of Juvenile Justice and Youth Services in accordance with Section 80-5-501, for minors held in detention. (25) "Detention risk assessment tool" means an evidence-based tool established under Section 80-5-203 that: (a) assesses a minor's risk of failing to appear in court or reoffending before adjudication; and (b) is designed to assist in making a determination of whether a minor shall be held in detention. (26) "Developmental immaturity" means incomplete development in one or more domains that manifests as a functional limitation in the minor's present ability to: (a) consult with counsel with a reasonable degree of rational understanding; and (b) have a rational as well as factual understanding of the proceedings. (27) "Disposition" means an order by a juvenile court, after the adjudication of a minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition. (28) "Educational neglect" means that, after receiving a notice of compulsory education violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to ensure that the child receives an appropriate education. (29) "Educational series" means an evidence-based instructional series: (a) obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104; and (b) designed to prevent substance use or the onset of a mental health disorder. (30) "Emancipated" means the same as that term is defined in Section 80-7-102. (31) "Evidence-based" means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool. (32) "Expressed interest" means the goals, desires, outcomes, or wishes that a minor has expressed. (33) "Forensic evaluator" means the same as that term is defined in Section 77-15-2. (34) "Formal probation" means a minor is: (a) supervised in the community by, and reports to, a juvenile probation officer or an agency designated by the juvenile court; and (b) subject to return to the juvenile court in accordance with Section 80-6-607. (35) "Gender identity" means the same as that term is defined in Section 34A-5-102. (36) "Group rehabilitation therapy" means psychological and social counseling of one or more individuals in the group, depending upon the recommendation of the therapist. (37) "Guardian" means a person appointed by a court to make decisions regarding a minor, including the authority to consent to: (a) marriage; (b) enlistment in the armed forces; (c) major medical, surgical, or psychiatric treatment; or (d) legal custody, if legal custody is not vested in another individual, agency, or institution. (38) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801. (39) "Harm" means: (a) physical or developmental injury or damage; (b) emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning; (c) sexual abuse; or (d) sexual exploitation. (40) "Home detention" means placement of a minor: (a) if before a disposition, in the minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or custodian, under terms and conditions established by the Division of Juvenile Justice and Youth Services or the juvenile court; or (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or custodian, under terms and conditions established by the Division of Juvenile Justice and Youth Services or the juvenile court. (41) (a) "Incest" means engaging in sexual intercourse with an individual whom the perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin. (b) "Incest" includes: (i) blood relationships of the whole or half blood, regardless of whether the relationship is legally recognized; (ii) relationships of parent and child by adoption; and (iii) relationships of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists. (42) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903. (43) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903. (44) "Indigent defense service provider" means the same as that term is defined in Section 78B-22-102. (45) "Indigent defense services" means the same as that term is defined in Section 78B-22-102. (46) "Indigent individual" means the same as that term is defined in Section 78B-22-102. (47) (a) "Intake probation" means a minor is: (i) monitored by a juvenile probation officer; and (ii) subject to return to the juvenile court in accordance with Section 80-6-607. (b) "Intake probation" does not include formal probation. (48) "Intellectual disability" means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior that constitutes a substantial limitation to the individual's ability to function in society. (49) "Juvenile offender" means: (a) a serious youth offender; or (b) a youth offender. (50) "Juvenile probation officer" means a probation officer appointed under Section 78A-6-205. (51) "Juvenile receiving center" means a nonsecure, nonresidential program established by the Division of Juvenile Justice and Youth Services, or under contract with the Division of Juvenile Justice and Youth Services, that is responsible for minors taken into temporary custody under Section 80-6-201. (52) "Legal custody" means a relationship embodying: (a) the right to physical custody of the minor; (b) the right and duty to protect, train, and discipline the minor; (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary medical care; (d) the right to determine where and with whom the minor shall live; and (e) the right, in an emergency, to authorize surgery or other extraordinary care. (53) "Licensing Information System" means the Licensing Information System maintained by the Division of Child and Family Services under Section 80-2-1002. (54) "Management Information System" means the Management Information System developed by the Division of Child and Family Services under Section 80-2-1001. (55) "Mental illness" means: (a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or (b) the same as that term is defined in: (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or (ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. (56) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102: (a) a child; or (b) an individual: (i) (A) who is at least 18 years old and younger than 21 years old; and (B) for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense; (ii) (A) who is at least 18 years old and younger than 25 years old; and (B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or (iii) (A) who is at least 18 years old and younger than 21 years old; and (B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). (57) "Mobile crisis outreach team" means the same as that term is defined in Section 26B-5-101. (58) "Molestation" means that an individual, with the intent to arouse or gratify the sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child, or the breast of a female child, or takes indecent liberties with a child as defined in Section 76-5-401.1. (59) (a) "Neglect" means action or inaction causing: (i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child; (ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian; (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being; (iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused; (v) abandonment of a child through an unregulated child custody transfer under Section 81-14-203; or (vi) educational neglect. (b) "Neglect" does not include: (i) a parent or guardian legitimately practicing religious beliefs and who, for that reason, does not provide specified medical treatment for a child; (ii) a health care decision made for a child by the child's parent or guardian, unless the state or other party to a proceeding shows, by clear and convincing evidence, that the health care decision is not reasonable and informed; (iii) a parent or guardian exercising the right described in Section 80-3-304; or (iv) permitting a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities, including: (A) traveling to and from school, including by walking, running, or bicycling; (B) traveling to and from nearby commercial or recreational facilities; (C) engaging in outdoor play; (D) remaining in a vehicle unattended, except under the conditions described in Subsection 76-5-115(2); (E) remaining at home unattended; or (F) engaging in a similar independent activity. (60) "Neglected child" means a child who has been subjected to neglect. (61) "Nonjudicial adjustment" means closure of the case by the assigned juvenile probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the consent in writing of: (a) the assigned juvenile probation officer; and (b) (i) the minor; or (ii) the minor and the minor's parent, guardian, or custodian. (62) "Not competent to proceed" means that a minor, due to a mental illness, intellectual disability or related condition, or developmental immaturity, lacks the ability to: (a) understand the nature of the proceedings against the minor or of the potential disposition for the offense charged; or (b) consult with counsel and participate in the proceedings against the minor with a reasonable degree of rational understanding. (63) (a) "Parent" means, except as provided in Section 80-3-302, an individual with a parent-child relationship, as defined in Section 81-5-102, to a minor. (b) "Parent" includes the minor's noncustodial parent as defined in Section 81-1-101. (64) "Parole" means a conditional release of a juvenile offender from residency in secure care to live outside of secure care under the supervision of the Division of Juvenile Justice and Youth Services, or another person designated by the Division of Juvenile Justice and Youth Services. (65) "Physical abuse" means abuse that results in physical injury or damage to a child. (66) (a) "Probation" means a legal status created by court order, following an adjudication under Section 80-6-701, whereby the minor is permitted to remain in the minor's home under prescribed conditions. (b) "Probation" includes intake probation or formal probation. (67) "Prosecuting attorney" means: (a) the attorney general and any assistant attorney general; (b) any district attorney or deputy district attorney; (c) any county attorney or assistant county attorney; and (d) any other attorney authorized to commence an action on behalf of the state. (68) "Protective custody" means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of: (a) the day on which the shelter hearing is held under Section 80-3-301; or (b) the day on which the child is returned home. (69) "Protective services" means expedited services that are provided: (a) in response to evidence of neglect, abuse, or dependency of a child; (b) to a cohabitant who is neglecting or abusing a child, in order to: (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse; and (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and (c) in cases where the child's welfare is endangered: (i) to bring the situation to the attention of the appropriate juvenile court and law enforcement agency; (ii) to cause a protective order to be issued for the protection of the child, when appropriate; and (iii) to protect the child from the circumstances that endanger the child's welfare including, when appropriate: (A) removal from the child's home; (B) placement in substitute care; and (C) petitioning the court for termination of parental rights. (70) "Protective supervision" means a legal status created by court order, following an adjudication on the ground of abuse, neglect, or dependency, whereby: (a) the minor is permitted to remain in the minor's home; and (b) supervision and assistance to correct the abuse, neglect, or dependency is provided by an agency designated by the juvenile court. (71) (a) "Related condition" means a condition that: (i) is found to be closely related to intellectual disability; (ii) results in impairment of general intellectual functioning or adaptive behavior similar to that of an intellectually disabled individual; (iii) is likely to continue indefinitely; and (iv) constitutes a substantial limitation to the individual's ability to function in society. (b) "Related condition" does not include mental illness, psychiatric impairment, or serious emotional or behavioral disturbance. (72) (a) "Residual parental rights and duties" means the rights and duties remaining with a parent after legal custody or guardianship, or both, have been vested in another person or agency, including: (i) the responsibility for support; (ii) the right to consent to adoption; (iii) the right to determine the child's religious affiliation; and (iv) the right to reasonable parent-time unless restricted by the court. (b) If no guardian has been appointed, "residual parental rights and duties" includes the right to consent to: (i) marriage; (ii) enlistment; and (iii) major medical, surgical, or psychiatric treatment. (73) "Runaway" means a child, other than an emancipated child, who willfully leaves the home of the child's parent or guardian, or the lawfully prescribed residence of the child, without permission. (74) "Secure care" means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor. (75) "Secure care facility" means a facility, established in accordance with Section 80-5-503, for juvenile offenders in secure care. (76) "Secure detention" means temporary care of a minor who requires secure custody in a physically restricting facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services: (a) before disposition of an offense that is alleged to have been committed by the minor; or (b) under Section 80-6-704. (77) "Serious youth offender" means an individual who: (a) is at least 14 years old, but under 25 years old; (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction of the juvenile court was extended over the individual's case until the individual was 25 years old in accordance with Section 80-6-605; and (c) is committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. (78) "Severe abuse" means abuse that causes or threatens to cause serious harm to a child. (79) "Severe neglect" means neglect that causes or threatens to cause serious harm to a child. (80) (a) "Severe type of child abuse or neglect" means, except as provided in Subsection (80)(b): (i) if committed by an individual who is 18 years old or older: (A) chronic abuse; (B) severe abuse; (C) sexual abuse; (D) sexual exploitation; (E) abandonment; (F) chronic neglect; or (G) severe neglect; or (ii) if committed by an individual who is under 18 years old: (A) causing serious injury, as defined in Subsection 76-5-109(1), to another child that indicates a significant risk to other children; or (B) sexual behavior with or upon another child that indicates a significant risk to other children. (b) "Severe type of child abuse or neglect" does not include: (i) the use of reasonable and necessary physical restraint by an educator in accordance with Section 53G-8-301 or Section 76-2-401; (ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the use of reasonable and necessary physical restraint or force in self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or other dangerous object in the possession or under the control of a child or to protect the child or another individual from physical injury; or (iii) a health care decision made for a child by a child's parent or guardian, unless, subject to Subsection (80)(c), the state or other party to the proceeding shows, by clear and convincing evidence, that the health care decision is not reasonable and informed. (c) Subsection (80)(b)(iii) does not prohibit a parent or guardian from exercising the right to obtain a second health care opinion. (81) (a) "Sexual abuse" means: (i) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult directed towards a child; (ii) an act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if: (A) there is an indication of force or coercion; (B) the children are related, as described in Subsection (41), including siblings by marriage while the marriage exists or by adoption; or (C) the act or attempted act constitutes unlawful sexual activity as described in Section 76-5-401.3. (iii) engaging in any conduct with a child that would constitute an offense under any of the following, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense: (A) Title 76, Chapter 5, Part 4, Sexual Offenses; (B) child bigamy, Section 76-7-101.5; (C) incest, Section 76-7-102; (D) voyeurism, Section 76-12-306; (E) recorded or photographed voyeurism, Section 76-12-307; or (F) distribution of images obtained through voyeurism, Section 76-12-308; or (iv) subjecting a child to participate in or threatening to subject a child to participate in a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural marriage. (b) "Sexual abuse" does not include engaging in any conduct with a child that would constitute an offense described in Section 76-5-401, unlawful sexual activity with a minor, if the alleged perpetrator of the offense is a minor. (82) "Sexual exploitation" means knowingly: (a) employing, using, persuading, inducing, enticing, or coercing any child to: (i) pose in the nude for the purpose of sexual arousal of any individual; or (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct; (b) displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child: (i) in the nude, for the purpose of sexual arousal of any individual; or (ii) engaging in sexual or simulated sexual conduct; or (c) engaging in any conduct that would constitute an offense under Section 76-5b-201, sexual exploitation of a minor, Section 76-5b-201.1, aggravated sexual exploitation of a minor, Section 76-5b-207, possession of apparent child sexual abuse material, Section 76-5b-208, distribution of apparent child sexual abuse material, or Section 76-5b-209, unlawful activity regarding obscene material depicting the sexual abuse of a minor, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense. (83) "Shelter" means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction. (84) "Shelter facility" means a nonsecure facility that provides shelter for a minor. (85) "Significant risk" means a risk of harm that is determined to be significant in accordance with risk assessment tools and rules established by the Division of Child and Family Services in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that focus on: (a) age; (b) social factors; (c) emotional factors; (d) sexual factors; (e) intellectual factors; (f) family risk factors; and (g) other related considerations. (86) "Single criminal episode" means the same as that term is defined in Section 76-1-401. (87) "Status offense" means an offense that would not be an offense but for the age of the offender. (88) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or excessive use of alcohol or other drugs or substances. (89) "Substantiated" or "substantiation" means a judicial finding based on a preponderance of the evidence, and separate consideration of each allegation made or identified in the case, that abuse, neglect, or dependency occurred. (90) "Substitute care" means: (a) the placement of a minor in a family home, group care facility, or other placement outside the minor's own home, either at the request of a parent or other responsible relative, or upon court order, when it is determined that continuation of care in the minor's own home would be contrary to the minor's welfare; (b) services provided for a minor in the protective custody of the Division of Child and Family Services, or a minor in the temporary custody or custody of the Division of Child and Family Services, as those terms are defined in Section 80-2-102; or (c) the licensing and supervision of a substitute care facility. (91) "Supported" means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. (92) "Termination of parental rights" means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order. (93) "Therapist" means: (a) an individual employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in the division's or agency's custody; or (b) any other individual licensed or approved by the state for the purpose of conducting psychological treatment and counseling. (94) "Threatened harm" means actions, inactions, or credible verbal threats, indicating that the child is at an unreasonable risk of harm or neglect. (95) "Torture" means: (a) the infliction of a serious injury upon a child in an exceptionally cruel or exceptionally depraved manner that causes the child to experience extreme physical or psychological pain or anguish; or (b) the infliction of a serious injury, or more than one serious injury, upon a child as part of a course of conduct or over a prolonged period of time. (96) "Ungovernable" means a child in conflict with a parent or guardian, and the conflict: (a) results in behavior that is beyond the control or ability of the child, or the parent or guardian, to manage effectively; (b) poses a threat to the safety or well-being of the child, the child's family, or others; or (c) results in the situations described in Subsections (96)(a) and (b). (97) "Unsubstantiated" means a judicial finding that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. (98) "Unsupported" means a finding by the Division of Child and Family Services at the completion of an investigation, after the day on which the Division of Child and Family Services concludes the alleged abuse, neglect, or dependency is not without merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. (99) "Validated risk and needs assessment" means an evidence-based tool that assesses a minor's risk of reoffending and a minor's criminogenic needs. (100) "Without merit" means a finding at the completion of an investigation by the Division of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency. (101) "Youth offender" means an individual who is: (a) at least 12 years old, but under 21 years old; and (b) committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705.
Utah Code § 80-2-708 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-708
§ 80-2-708. Supported finding of a severe type of child abuse or neglect after division investigation -- Notation in Licensing Information System -- Juvenile court petition or notice to alleged perpetrator -- Rights of alleged perpetrator.
Status: in_force

(1) If, after investigation, the division makes a supported finding that an individual committed a severe type of child abuse or neglect, the division shall: (a) serve notice of the supported finding on the alleged perpetrator in accordance with Subsection (4); (b) enter the information described in Subsections 80-2-1002(2)(a) and (b) into the Licensing Information System; and (c) if the division considers it advisable, file a petition for substantiation in accordance with Section 80-3-504 within 30 days after the day on which the division makes the supported finding. (2) The notice described in Subsection (1)(a): (a) shall state that: (i) the division conducted an investigation regarding alleged abuse or neglect; (ii) the division made a supported finding that the alleged perpetrator described in Subsection (1) committed a severe type of child abuse or neglect; (iii) facts gathered by the division support the supported finding; (iv) as a result of the supported finding, the alleged perpetrator's name and other identifying information have been listed in the Licensing Information System in accordance with Subsection (1)(b); (v) the alleged perpetrator may be disqualified from adopting a child, receiving state funds as a child care provider, or being licensed by: (A) the department; (B) a human services licensee; (C) a child care provider or program; or (D) a covered health care facility; (vi) the alleged perpetrator has the rights described in Subsection (3); and (vii) failure to take the action described in Subsection (3)(a) within 30 days after the day on which the notice is served will result in the action described in Subsection (3)(b); (b) shall include a general statement of the nature of the supported finding; and (c) may not include: (i) the name of a victim or witness; or (ii) any privacy information related to the victim or a witness. (3) (a) Within 30 days after the day on which the alleged perpetrator receives the notice described in Subsections (1)(a) and (2), the alleged perpetrator has the right to: (i) file a written request asking the division to review the supported finding made under Subsection (1); (ii) except as provided in Subsection (3)(b), petition the juvenile court for a finding of unsubstantiated or without merit in accordance with Section 80-3-504; or (iii) sign a written consent to: (A) the supported finding made under Subsection (1); and (B) entry into the Licensing Information System of the alleged perpetrator's name and other information regarding the supported finding made under Subsection (1). (b) The alleged perpetrator has no right to petition the juvenile court under Subsection (3)(a)(ii) if the alleged perpetrator: (i) files the petition more than 30 days after the day on which the alleged perpetrator receives the notice described in Subsections (1)(a) and (2); or (ii) 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. (c) The child's parent or guardian shall give the consent for a child under Subsection (3)(a)(iii). (4) Service of the notice described in Subsections (1)(a) and (2): (a) shall be personal service in accordance with Utah Rules of Civil Procedure, Rule 4; and (b) does not preclude civil or criminal action against the alleged perpetrator.
Utah Code § 80-6-803 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-803
§ 80-6-803. Cost of support and maintenance of a juvenile offender -- Responsibility.
Status: in_force

On commitment of a juvenile offender to the division, and on recommendation of the division to the juvenile court, the juvenile court may order the juvenile offender, or the juvenile offender's parent, guardian, or custodian in accordance with Section 78A-6-356, to share in the costs of support and maintenance for the juvenile offender during the juvenile offender's term of commitment.
Utah Code § 80-5-205 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-205
§ 80-5-205. Contracts with private providers.
Status: in_force

7/1/2026 (1) This chapter does not prohibit the division from contracting with private providers or other agencies for: (a) the construction, operation, and maintenance of juvenile facilities; or (b) the provision of care, treatment, and supervision of minors who have been committed to the division. (2) All programs for the care, treatment, and supervision of minors committed to the division shall be licensed in compliance with division standards within six months after commencing operation. (3) A contract for the care, treatment, and supervision of a minor committed to the division shall be executed in accordance with the performance-based contracting system developed under Section 75E-2-207.
Utah Code § 80-6-1004.1 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1004.1
§ 80-6-1004.1. Petition to expunge adjudication -- Hearing and notice -- Waiver -- Order.
Status: in_force

(1) An individual may petition the juvenile court for an order to expunge the individual's juvenile record if: (a) the individual was adjudicated for an offense in the juvenile court; (b) the individual has reached 18 years old; and (c) at least one year has passed from the day on which: (i) the juvenile court's continuing jurisdiction was terminated; or (ii) if the individual was committed to secure care, the individual was unconditionally released from the custody of the division. (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection (1), the petition shall include a criminal history report obtained from the Bureau of Criminal Identification in accordance with Section 53-10-108. (3) If the juvenile court finds and states on the record the reason why the waiver is appropriate, the juvenile court may waive: (a) the age requirement under Subsection (1)(b) for a petition; or (b) the one-year requirement under Subsection (1)(c) for a petition. (4) (a) Upon the filing of a petition described in Subsection (1), the juvenile court shall: (i) set a date for a hearing; and (ii) at least 30 days before the day on which the hearing on the petition is scheduled, notify the prosecuting attorney and any affected agency identified in the petitioner's juvenile record: (A) that the petition has been filed; and (B) of the date of the hearing. (b) (i) The juvenile court shall provide a victim with the opportunity to request notice of a petition described in Subsection (1). (ii) Upon the victim's request under Subsection (4)(b)(i), the victim shall receive notice of the petition at least 30 days before the day on which the hearing is scheduled if, before the day on which an expungement order is made, the victim, or the victim's next of kin or authorized representative if the victim is a child or an individual who is incapacitated or deceased, submits a written and signed request for notice to the juvenile court in the judicial district in which the offense occurred or judgment is entered. (iii) The notice described in Subsection (4)(b)(ii) shall include a copy of the petition and any statutes and rules applicable to the petition. (c) At the hearing, the prosecuting attorney, a victim, and any other individual who may have relevant information about the petitioner may testify. (d) The juvenile court may waive the hearing for the petition if: (i) (A) there is no victim; or (B) if there is a victim, the victim agrees to the waiver; and (ii) the prosecuting attorney agrees to the waiver. (5) (a) Except as provided in Subsection (6), the juvenile court may grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record if the juvenile court finds that the petitioner is rehabilitated to the satisfaction of the court in accordance with Subsection (5)(b). (b) In deciding whether to grant a petition described in Subsection (1), the juvenile court shall consider: (i) whether expungement of the petitioner's juvenile record is in the best interest of the petitioner; (ii) the petitioner's response to programs and treatment; (iii) the nature and seriousness of the conduct for which the petitioner was adjudicated; (iv) the petitioner's behavior subsequent to adjudication; (v) the petitioner's reason for seeking expungement of the petitioner's juvenile record; and (vi) if the petitioner is a restricted person under Subsection 76-11-302(4) or 76-11-303(4): (A) whether the offense for which the petitioner is a restricted person was committed with a weapon; (B) whether expungement of the petitioner's juvenile record poses an unreasonable risk to public safety; and (C) the amount of time that has passed since the adjudication of the offense for which the petitioner is a restricted person. (6) The juvenile court may not grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record if: (a) the petitioner has been convicted of a violent felony within five years before the day on which the petition for expungement is filed; (b) there are delinquency or criminal proceedings pending against the petitioner; (c) the petitioner has not satisfied a judgment of restitution entered by the juvenile court for an adjudication in the petitioner's juvenile record; (d) the petitioner has not satisfied restitution that was a condition of a nonjudicial adjustment in the petitioner's juvenile record; or (e) the petitioner's juvenile record contains an adjudication for a violation of: (i) Section 76-5-202, aggravated murder; or (ii) Section 76-5-203, murder.
Utah Code § 80-2-304 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-304
§ 80-2-304. Administrative proceedings.
Status: in_force

The department and division shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in the department's or division's adjudicative proceedings.
Utah Code § 80-6-1002 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1002
§ 80-6-1002. Vacatur of an adjudication.
Status: in_force

(1) (a) An individual who has been adjudicated for an offense by the juvenile court may petition the juvenile court for vacatur of the adjudication if the adjudication was for a violation of: (i) Section 76-5-308, human trafficking for labor if the petitioner engaged in the human trafficking for labor while subject to force, fraud, or coercion; (ii) Section 76-5d-202, engaging in prostitution; (iii) Section 76-5d-206, aiding prostitution; or (iv) Section 76-5d-209, sexual solicitation by an actor offering to engage in sexual activity for compensation. (b) The petitioner shall include in the petition the relevant juvenile court incident number and any agencies known or alleged to have any records related to the offense for which vacatur is being sought. (c) The petitioner shall include with the petition the original criminal history report obtained from the Bureau of Criminal Identification in accordance with the provisions of Section 53-10-108. (d) The petitioner shall send a copy of the petition to the prosecuting attorney. (2) (a) Upon the filing of a petition, the juvenile court shall: (i) set a date for a hearing; and (ii) at least 30 days before the day on which the hearing on the petition is scheduled, notify the prosecuting attorney and any affected agency identified in the juvenile record: (A) that a petition has been filed; and (B) of the date of the hearing. (b) (i) The juvenile court shall provide a victim with the opportunity to request notice of a petition for vacatur. (ii) At least 30 days before the day on which the hearing is scheduled, a victim shall receive notice of a petition for vacatur if, before the entry of vacatur, the victim, or the victim's next of kin or authorized representative if the victim is a child or an individual who is incapacitated or deceased, submits a written and signed request for notice to the court in the judicial district in which the crime occurred or judgment was entered. (iii) The notice shall include a copy of the petition and statutes and rules applicable to the petition. (c) At the hearing, the petitioner, the prosecuting attorney, a victim, and any other person who may have relevant information about the petitioner may testify. (3) (a) In deciding whether to grant a petition for vacatur of an adjudication of an offense for human trafficking of labor described in Subsection (1)(a)(i), the juvenile court shall consider whether the petitioner acted subject to force, fraud, or coercion at the time of the conduct giving rise to the adjudication. (b) If the juvenile court finds by a preponderance of the evidence that the petitioner was subject to force, fraud, or coercion at the time of the conduct giving rise to the adjudication, the juvenile court shall grant vacatur of the adjudication. (c) If the juvenile court does not find sufficient evidence, the juvenile court shall deny vacatur of the adjudication. (4) If the petition seeks to vacate an adjudication of an offense described in Subsections (1)(a)(ii) through (iv), the juvenile court shall presumptively grant vacatur of the adjudication unless the petitioner acted as a purchaser of any sexual activity. (5) (a) Except as provided in Subsection (5)(b), if the juvenile court grants a vacatur of an adjudication for an offense described in Subsection (1)(a), the juvenile court shall order expungement of all records in the petitioner's juvenile record pertaining to the incident identified in the petition, including relevant related records contained in the Management Information System and the Licensing Information System. (b) The juvenile court may not order expungement of any record in the petitioner's juvenile record that contains an adjudication for a violation of: (i) Section 76-5-202, aggravated murder; or (ii) Section 76-5-203, murder. (6) (a) The petitioner shall be responsible for service of the vacatur and expungement order to all affected state, county, and local entities, agencies, and officials. (b) To avoid destruction or expungement of the records in whole or in part, the agency or entity receiving the vacatur and expungement order shall only expunge all references to the petitioner's name in the records pertaining to the relevant adjudicated juvenile court incident. (7) (a) Upon entry of a vacatur and expungement order under this section: (i) the proceedings in the incident identified in the petition are considered never to have occurred; and (ii) the petitioner may reply to an inquiry on the matter as though the proceedings never occurred. (b) Upon petition, any record expunged under this section may only be released to or viewed by: (i) the individual who is the subject of the record; or (ii) a person named in the petition of vacatur.
Utah Code § 80-4-307 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-307
§ 80-4-307. Voluntary relinquishment -- Irrevocable.
Status: in_force

(1) The individual consenting to termination of parental rights or voluntarily relinquishing parental rights shall sign the consent or relinquishment, or confirm a consent or relinquishment previously signed by the individual, under oath before: (a) a judge of any court that has jurisdiction over proceedings for termination of parental rights in this state or any other state, or a public officer appointed by that court for the purpose of taking consents or relinquishments; or (b) except as provided in Subsection (2), any person authorized to take consents or relinquishments under Subsections 81-13-214(1) and (2). (2) Only the juvenile court is authorized to take consents or relinquishments from a parent who has any child who is in the custody of a state agency or who has a child who is otherwise under the jurisdiction of the juvenile court. (3) (a) The court, appointed officer, or other authorized person shall certify to the best of that person's information and belief that the individual executing the consent or relinquishment, or confirming a consent or relinquishment previously signed by the individual, has read and understands the consent or relinquishment and has signed the consent or relinquishment freely and voluntarily. (b) A consent or relinquishment is not effective until the consent or relinquishment is certified pursuant to Subsection (3)(a). (4) A consent or relinquishment that has been certified pursuant to Subsection (3)(a) is effective against the consenting or relinquishing individual and may not be revoked. (5) (a) The requirements and processes described in Section 80-4-104, Sections 80-4-301 through 80-4-304, and Part 2, Petition for Termination of Parental Rights, do not apply to a voluntary relinquishment or consent for termination of parental rights. (b) When determining voluntary relinquishment or consent for termination of parental rights, the juvenile court need only find that the relinquishment or termination is in the child's best interest. (6) (a) There is a presumption that voluntary relinquishment or consent for termination of parental rights is not in the child's best interest where it appears to the juvenile court that the primary purpose for relinquishment or consent for termination is to avoid a financial support obligation. (b) The presumption described in Subsection (6)(a) may be rebutted if the juvenile court finds the relinquishment or consent to termination of parental rights will facilitate the establishment of stability and permanency for the child. (7) Upon granting a voluntary relinquishment the juvenile court may make orders relating to the child's care and welfare that the juvenile court considers to be in the child's best interest.
Utah Code § 80-6-704 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-704
§ 80-6-704. Detention or alternative to detention -- Limitations.
Status: in_force

(1) (a) The juvenile court may order a minor to detention, or an alternative to detention, if the minor is adjudicated for: (i) an offense under Section 80-6-701; or (ii) contempt of court under Section 78A-6-353. (b) Except as provided in Subsection 78A-6-353(4), and subject to the juvenile court retaining continuing jurisdiction over a minor's case, the juvenile court may order a minor to detention, or an alternative to detention, under Subsection (1)(a) for a period not to exceed 30 cumulative days for an adjudication. (c) If a minor is held in detention before an adjudication, the time spent in detention before the adjudication shall be credited toward the 30 cumulative days eligible as a disposition under Subsection (1)(b). (d) If a minor spent more than 30 days in detention before a disposition, the juvenile court may not order the minor to detention under this section. (2) An order for detention under Subsection (1) may not be suspended upon conditions ordered by the juvenile court. (3) A juvenile court may not order a minor to detention for: (a) contempt of court, except to the extent permitted under Section 78A-6-353; (b) a violation of probation; (c) failure to pay a fine, fee, restitution, or other financial obligation; (d) unfinished compensatory or community service hours; (e) an infraction; or (f) a status offense. (4) A juvenile court may not order a minor be placed in a correctional facility that is intended to hold adults accused or convicted of offenses as an alternative to detention under Subsection (1). (5) (a) If a minor is held in detention under this section, the minor is eligible to receive credit for good behavior against the period of detention. (b) The rate of credit is one day of credit for good behavior for every three days spent in detention. (6) (a) A minor may not be held in secure detention following a disposition by the juvenile court: (i) under Chapter 3, Abuse, Neglect, and Dependency Proceedings; or (ii) except as provided in Subsection (6)(b), for a community-based program. (b) If a minor is awaiting placement by the division under Section 80-6-703, a minor may not be held in secure detention for longer than 72 hours, excluding weekends and holidays. (c) The period of detention under Subsection (6)(b) may be extended by the juvenile court for a cumulative total of seven calendar days if: (i) the division, or another agency responsible for placement, files a written petition with the juvenile court requesting the extension and setting forth good cause; and (ii) the juvenile court enters a written finding that it is in the best interests of both the minor and the community to extend the period of detention. (d) The juvenile court may extend the period of detention beyond the seven calendar days if the juvenile court finds, by clear and convincing evidence, that: (i) the division, or another agency responsible for placement, does not have space for the minor; and (ii) the safety of the minor and community requires an extension of the period of detention. (e) The division, or the agency with custody of the minor, shall report to the juvenile court every 48 hours, excluding weekends and holidays, regarding whether the division, or another agency responsible for placement, has space for the minor. (f) The division, or agency, requesting an extension shall promptly notify the detention facility that a written petition has been filed. (g) The juvenile court shall promptly notify the detention facility regarding the juvenile court's initial disposition and any ruling on a petition for an extension, whether granted or denied.
Utah Code § 80-2a-201 — Utah Code / Title 80 / Chapter 80-2a / § 80-2a-201
§ 80-2a-201. Rights of parents -- Children's rights -- Interest and responsibility of state.
Status: in_force

(1) (a) 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 children. A fundamentally fair process must be provided to parents if the state moves to challenge or interfere with parental rights. A governmental entity must support any actions or allegations made in opposition to the rights and desires of a parent regarding the parent's child 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 and, concomitantly, the right of the child to be reared by the child's parent. (b) 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 a parent may fail to be a model parent or because the parent's child is placed in the temporary custody of the state. At all times, a parent retains a vital interest in preventing the irretrievable destruction of family life. Before an adjudication of unfitness, government action in relation to a parent and the parent's child may not exceed the least restrictive means or alternatives available to accomplish a compelling state interest. Until the state proves parental unfitness, and the child suffers, or is 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 natural relationship and the state cannot presume that a child and the child's parent are adversaries. (c) It is in the best interest and welfare of a child to be raised under the care and supervision of the child's parents. 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. Additionally, the integrity of the family unit and the right of a parent to conceive and raise the parent's child are constitutionally protected. 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 and is a fundamental public policy of this state. (d) The state recognizes that: (i) a parent has the right, obligation, responsibility, and authority to raise, manage, train, educate, provide and care 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. (e) It is the public policy of this state that: (i) a parent retains the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of the parent's child; (ii) a parent retains the right to have contact with the parent's child when the child is placed outside of the parent's home, and parent-time should be ordered by a court so long as the contact is not contrary to the best interest of the child; and (iii) a child has the right to have contact with the child's sibling when the child is placed outside of the home and apart from the child's sibling, and sibling visits should be ordered by a court unless the contact would be contrary to the safety or well-being of the child. (f) Subsections (2) through (7) shall be interpreted and applied consistent with this Subsection (1). (2) It is also the public policy of this state that children have the right to protection from abuse and neglect, and that the state retains a compelling interest in investigating, prosecuting, and punishing abuse and neglect. Therefore, the state, as parens patriae, has an interest in and responsibility to protect a child whose parent abuses the child or does not adequately provide for the child's welfare. There may be circumstances where a parent's conduct or condition is a substantial departure from the norm and the parent is unable or unwilling to render safe and proper parental care and protection. Under those circumstances, the state may take action for the welfare and protection of the parent's child. (3) When the division intervenes on behalf of an abused, neglected, or dependent child, the division shall take into account the child's need for protection from immediate harm and the extent to which the child's extended family may provide needed protection. Throughout the division's involvement, the division shall utilize the least intrusive and least restrictive means available to protect a child, in an effort to ensure that children are brought up in stable, permanent families, rather than in temporary foster placements under the supervision of the state. (4) If circumstances within the family pose a threat to the child's immediate safety or welfare, the division may seek custody of the child for a planned, temporary period and place the child in a safe environment, subject to the requirements of this section and in accordance with Chapter 3, Abuse, Neglect, and Dependency Proceedings, and when safe and appropriate, return the child to the child's parent or as a last resort, pursue another permanency plan. (5) In determining and making reasonable efforts with regard to a child, under Section 80-2a-302, both the division's and the juvenile court's paramount concern shall be the child's health, safety, and welfare. The desires of a parent for the parent's child, and the constitutionally protected rights of a parent, as described in this section, shall be given full and serious consideration by the division and the juvenile court. (6) In accordance with Subsections 80-2a-302(4) and 80-3-301(12), in cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved, the state has no duty to make reasonable efforts or to, in any other way, attempt to maintain a child in the child's home, provide reunification services, or rehabilitate the offending parent or parents. This Subsection (6) does not exempt the division from providing court-ordered services. (7) (a) In accordance with Subsection (1), the division shall strive to achieve appropriate permanency for children who are abused, neglected, or dependent. The division shall provide in-home services, if appropriate and safe, in an effort to help a parent to correct the behavior that resulted in abuse, neglect, or dependency of the parent's child. The division may pursue a foster placement only if in-home services fail or are otherwise insufficient or inappropriate, kinship placement is not safe or appropriate, or in-home services and kinship placement fail and cannot be corrected. The division shall also seek qualified extended family support or a kinship placement to maintain a sense of security and stability for the child. (b) If the use or continuation of reasonable efforts, as described in Subsections (5) and (6), is determined to be inconsistent with the permanency plan for a child, then measures shall be taken, in a timely manner, to place the child in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child. (c) Subject to the parental rights recognized and protected under this section, if, because of a parent's conduct or condition, the parent is determined to be unfit or incompetent based on the grounds for termination of parental rights described in Chapter 4, Termination and Restoration of Parental Rights, the continuing welfare and best interest of the child is of paramount importance, and shall be protected in determining whether that parent's rights should be terminated. (8) The state's right to direct or intervene in the provision of medical or mental health care for a child is subject to Subsections 80-1-102(58)(b)(i) through (iii) and Sections 80-3-109 and 80-3-304.
Utah Code § 80-6-712 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-712
§ 80-6-712. Time periods for supervision of probation or placement -- Termination of continuing jurisdiction.
Status: in_force

(1) If the juvenile court places a minor on probation under Section 80-6-702, the juvenile court shall establish a period of time for supervision for the minor that is: (a) if the minor is placed on intake probation, no more than three months; or (b) if the minor is placed on formal probation, from four to six months, but may not exceed six months. (2) (a) If the juvenile court commits a minor to the division under Section 80-6-703, and the minor's case is under the jurisdiction of the court, the juvenile court shall establish: (i) for a minor placed out of the home, a period of custody from three to six months, but may not exceed six months; and (ii) for aftercare services if the minor was placed out of the home, a period of supervision from three to four months, but may not exceed four months. (b) A minor may be supervised for aftercare services under Subsection (2)(a)(ii): (i) in the home of a qualifying relative or guardian; (ii) at an independent living program contracted or operated by the division; or (iii) in a family-based setting with approval by the director or the director's designee if the minor does not qualify for an independent living program due to age, disability, or another reason or the minor cannot be placed with a qualifying relative or guardian. (3) If the juvenile court orders a minor to secure care, the authority shall: (a) have jurisdiction over the minor's case; and (b) apply the provisions of Part 8, Commitment and Parole. (4) (a) The juvenile court shall terminate continuing jurisdiction over a minor's case at the end of the time period described in Subsection (1) for probation or Subsection (2) for commitment to the division, unless: (i) termination would interrupt the completion of the treatment program determined to be necessary by the results of a validated risk and needs assessment under Section 80-6-606; (ii) the minor commits a new misdemeanor or felony offense; (iii) the minor has not completed community or compensatory service hours; (iv) there is an outstanding fine; or (v) the minor has not paid restitution in full. (b) The juvenile court shall determine whether a minor has completed a treatment program under Subsection (4)(a)(i) by considering: (i) the recommendations of the licensed service provider for the treatment program; (ii) the minor's record in the treatment program; and (iii) the minor's completion of the goals of the treatment program. (5) Subject to Subsections (6) and (7), if one of the circumstances under Subsection (4) exists the juvenile court may extend supervision for the time needed to address the specific circumstance. (6) If the juvenile court extends supervision solely on the ground that the minor has not yet completed community or compensatory service hours under Subsection (4)(a)(iii), the juvenile court may only extend supervision: (a) one time for no more than three months; and (b) as intake probation. (7) (a) If the juvenile court extends jurisdiction solely on the ground that the minor has not paid restitution in full as described in Subsection (4)(a)(v): (i) the juvenile court may only: (A) extend jurisdiction up to four times for no more than three months at a time; (B) consider the efforts of the minor to pay restitution in full when determining whether to extend jurisdiction under this Subsection (7)(a)(i); and (C) make orders concerning the payment of restitution during the period for which jurisdiction is extended; (ii) the juvenile court shall terminate any intake probation or formal probation of the minor; and (iii) a designated staff member of the juvenile court shall submit a report to the juvenile court every three months regarding the minor's efforts to pay restitution. (b) If the juvenile court finds that a minor is not making an effort to pay restitution, the juvenile court shall: (i) terminate jurisdiction over the minor's case; and (ii) record the amount of unpaid restitution as a civil judgment in accordance with Subsection 80-6-709(8). (8) If the juvenile court extends supervision or jurisdiction under this section, the grounds for the extension and the length of any extension shall be recorded in the court records and tracked in the data system used by the Administrative Office of the Courts and the division. (9) If a minor leaves supervision without authorization for more than 24 hours, the supervision period for the minor shall toll until the minor returns. (10) This section does not apply to any minor adjudicated under this chapter for: (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another; (b) Section 76-5-202, aggravated murder or attempted aggravated murder; (c) Section 76-5-203, murder or attempted murder; (d) Section 76-5-205, manslaughter; (e) Section 76-5-206, negligent homicide; (f) Section 76-5-207, automobile homicide; (g) Section 76-5-207.5, automobile homicide involving using a wireless communication device while operating a motor vehicle; (h) Section 76-5-208, child abuse homicide; (i) Section 76-5-209, homicide by assault; (j) Section 76-5-211, aiding or encouraging suicide; (k) Section 76-5-302, aggravated kidnapping; (l) Section 76-5-405, aggravated sexual assault; (m) a felony violation of Section 76-6-103, aggravated arson; (n) Section 76-6-203, aggravated burglary; (o) Section 76-6-302, aggravated robbery; (p) Section 76-11-210, felony discharge of a firearm; (q) (i) an offense other than an offense listed in Subsections (10)(a) through (p) involving the use of a dangerous weapon, as defined in Section 76-1-101.5, that is a felony; and (ii) the minor has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon; or (r) a felony offense other than an offense listed in Subsections (10)(a) through (q) and the minor has been previously committed to the division for secure care.
Utah Code § 80-6-804 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-804
§ 80-6-804. Review and termination of secure care.
Status: in_force

7/1/2026 (1) If a juvenile offender is ordered to secure care under Section 80-6-705, the juvenile offender shall appear before the authority within 45 days after the day on which the juvenile offender is ordered to secure care for review of a treatment plan and to establish parole release guidelines. (2) (a) Except as provided in Subsections (2)(b) and (2)(h), if a juvenile offender is ordered to secure care under Section 80-6-705, the authority shall set a presumptive term of secure care for the juvenile offender from three to six months, but the presumptive term may not exceed six months. (b) If a juvenile offender is ordered to secure care for a misdemeanor offense, the authority may immediately release the juvenile offender on parole if there is a treatment program available for the juvenile offender in a community-based setting. (c) Except as provided in Subsection (2)(h), the authority shall release the juvenile offender on parole at the end of the presumptive term of secure care unless: (i) termination would interrupt the completion of a treatment program determined to be necessary by the results of a validated risk and needs assessment under Section 80-6-606; or (ii) the juvenile offender commits a new misdemeanor or felony offense. (d) The authority shall determine whether a juvenile offender has completed a treatment program under Subsection (2)(c)(i) by considering: (i) the recommendations of the licensed service provider for the treatment program; (ii) the juvenile offender's record in the treatment program; and (iii) the juvenile offender's completion of the goals of the treatment program. (e) Except as provided in Subsection (2)(h), the authority may extend the length of secure care and delay parole release for the time needed to address the specific circumstance if one of the circumstances under Subsection (2)(c) exists. (f) The authority shall: (i) record the length of the extension and the grounds for the extension; and (ii) report annually the length and grounds of extension to the department. (g) Records under Subsection (2)(f) shall be tracked in the data system used by the juvenile court and the division. (h) If a juvenile offender is ordered to secure care for a misdemeanor offense, the authority may not: (i) set a juvenile offender's presumptive term of secure care under Subsection (2)(a) that would result in a term of secure care that exceeds a term of incarceration for an adult under Section 76-3-204 for the same misdemeanor offense; or (ii) extend the juvenile offender's term of secure care under Subsections (2)(c) and (e) if the extension would result in a term of secure care that exceeds the term of incarceration for an adult under Section 76-3-204 for the same misdemeanor offense. (3) (a) If a juvenile offender is ordered to secure care, the authority shall set a presumptive term of parole supervision, including aftercare services, from three to four months, but the presumptive term may not exceed four months. (b) If the authority determines that a juvenile offender is unable to return home immediately upon release, the juvenile offender may serve the term of parole: (i) in the home of a qualifying relative or guardian; (ii) at an independent living program contracted or operated by the division; or (iii) in a family-based setting with approval by the director or the director's designee if the minor does not qualify for an independent living program due to age, disability, or another reason or the minor cannot be placed with a qualifying relative or guardian. (c) The authority shall release a juvenile offender from parole and terminate the authority's jurisdiction at the end of the presumptive term of parole, unless: (i) termination would interrupt the completion of a treatment program that is determined to be necessary by the results of a validated risk and needs assessment under Section 80-6-606; (ii) the juvenile offender commits a new misdemeanor or felony offense; or (iii) restitution has not been completed. (d) The authority shall determine whether a juvenile offender has completed a treatment program under Subsection (3)(c)(i) by considering: (i) the recommendations of the licensed service provider; (ii) the juvenile offender's record in the treatment program; and (iii) the juvenile offender's completion of the goals of the treatment program. (e) If one of the circumstances under Subsection (3)(c) exists, the authority may delay parole release only for the time needed to address the specific circumstance. (f) The authority shall: (i) record the grounds for extension of the presumptive length of parole and the length of the extension; and (ii) report annually the extension and the length of the extension to the department. (g) Records under Subsection (3)(f) shall be tracked in the data system used by the juvenile court and the division. (h) If a juvenile offender leaves parole supervision without authorization for more than 24 hours, the term of parole shall toll until the juvenile offender returns. (4) Subsections (2) and (3) do not apply to a juvenile offender ordered to secure care for: (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another; (b) Section 76-5-202, aggravated murder or attempted aggravated murder; (c) Section 76-5-203, murder or attempted murder; (d) Section 76-5-205, manslaughter; (e) Section 76-5-206, negligent homicide; (f) Section 76-5-207, automobile homicide; (g) Section 76-5-207.5, automobile homicide involving using a wireless communication device while operating a motor vehicle; (h) Section 76-5-208, child abuse homicide; (i) Section 76-5-209, homicide by assault; (j) Section 76-5-211, aiding or encouraging suicide; (k) Section 76-5-302, aggravated kidnapping; (l) Section 76-5-405, aggravated sexual assault; (m) a felony violation of Section 76-6-103, aggravated arson; (n) Section 76-6-203, aggravated burglary; (o) Section 76-6-302, aggravated robbery; (p) Section 76-11-210, felony discharge of a firearm; (q) (i) an offense other than an offense listed in Subsections (4)(a) through (p) involving the use of a dangerous weapon, as defined in Section 76-1-101.5, that is a felony; and (ii) the juvenile offender has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon, as defined in Section 76-1-101.5; or (r) an offense other than an offense listed in Subsections (4)(a) through (q) and the juvenile offender has been previously ordered to secure care.7/1/2026 (1) If a juvenile offender is ordered to secure care under Section 80-6-705, the juvenile offender shall appear before the authority within 45 days after the day on which the juvenile offender is ordered to secure care for review of a treatment plan and to establish parole release guidelines. (2) (a) Except as provided in Subsections (2)(b) and (2)(h), if a juvenile offender is ordered to secure care under Section 80-6-705, the authority shall set a presumptive term of secure care for the juvenile offender from three to six months, but the presumptive term may not exceed six months. (b) If a juvenile offender is ordered to secure care for a misdemeanor offense, the authority may immediately release the juvenile offender on parole if there is a treatment program available for the juvenile offender in a community-based setting. (c) Except as provided in Subsection (2)(h), the authority shall release the juvenile offender on parole at the end of the presumptive term of secure care unless: (i) termination would interrupt the completion of a treatment program determined to be necessary by the results of a validated risk and needs assessment under Section 80-6-606; or (ii) the juvenile offender commits a new misdemeanor or felony offense. (d) The authority shall determine whether a juvenile offender has completed a treatment program under Subsection (2)(c)(i) by considering: (i) the recommendations of the licensed service provider for the treatment program; (ii) the juvenile offender's record in the treatment program; and (iii) the juvenile offender's completion of the goals of the treatment program. (e) Except as provided in Subsection (2)(h), the authority may extend the length of secure care and delay parole release for the time needed to address the specific circumstance if one of the circumstances under Subsection (2)(c) exists. (f) The authority shall: (i) record the length of the extension and the grounds for the extension; and (ii) report annually the length and grounds of extension to the department. (g) Records under Subsection (2)(f) shall be tracked in the data system used by the juvenile court and the division. (h) If a juvenile offender is ordered to secure care for a misdemeanor offense, the authority may not: (i) set a juvenile offender's presumptive term of secure care under Subsection (2)(a) that would result in a term of secure care that exceeds a term of incarceration for an adult under Section 76-3-204 for the same misdemeanor offense; or (ii) extend the juvenile offender's term of secure care under Subsections (2)(c) and (e) if the extension would result in a term of secure care that exceeds the term of incarceration for an adult under Section 76-3-204 for the same misdemeanor offense. (3) (a) If a juvenile offender is ordered to secure care, the authority shall set a presumptive term of parole supervision, including aftercare services, from three to four months, but the presumptive term may not exceed four months. (b) If the authority determines that a juvenile offender is unable to return home immediately upon release, the juvenile offender may serve the term of parole: (i) in the home of a qualifying relative or guardian; (ii) at an independent living program contracted or operated by the division; or (iii) in a family-based setting with approval by the director or the director's designee if the minor does not qualify for an independent living program due to age, disability, or another reason or the minor cannot be placed with a qualifying relative or guardian. (c) The authority shall release a juvenile offender from parole and terminate the authority's jurisdiction at the end of the presumptive term of parole, unless: (i) termination would interrupt the completion of a treatment program that is determined to be necessary by the results of a validated risk and needs assessment under Section 80-6-606; (ii) the juvenile offender commits a new misdemeanor or felony offense; or (iii) restitution has not been completed. (d) The authority shall determine whether a juvenile offender has completed a treatment program under Subsection (3)(c)(i) by considering: (i) the recommendations of the licensed service provider; (ii) the juvenile offender's record in the treatment program; and (iii) the juvenile offender's completion of the goals of the treatment program. (e) If one of the circumstances under Subsection (3)(c) exists, the authority may delay parole release only for the time needed to address the specific circumstance. (f) The authority shall: (i) record the grounds for extension of the presumptive length of parole and the length of the extension; and (ii) report annually the extension and the length of the extension to the department. (g) Records under Subsection (3)(f) shall be tracked in the data system used by the juvenile court and the division. (h) If a juvenile offender leaves parole supervision without authorization for more than 24 hours, the term of parole shall toll until the juvenile offender returns. (4) Subsections (2) and (3) do not apply to a juvenile offender ordered to secure care for: (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another; (b) Section 76-5-202, aggravated murder or attempted aggravated murder; (c) Section 76-5-203, murder or attempted murder; (d) Section 76-5-205, manslaughter; (e) Section 76-5-206, negligent homicide; (f) Section 76-5-207, automobile homicide; (g) Section 76-5-207.5, automobile homicide involving using a wireless communication device while operating a motor vehicle; (h) Section 76-5-208, child abuse homicide; (i) Section 76-5-209, homicide by assault; (j) Section 76-5-211, aiding or encouraging suicide; (k) Section 76-5-302, aggravated kidnapping; (l) Section 76-5-405, aggravated sexual assault; (m) a felony violation of Section 76-6-103, aggravated arson; (n) Section 76-6-203, aggravated burglary; (o) Section 76-6-302, aggravated robbery; (p) Section 76-11-210, felony discharge of a firearm; (q) (i) an offense other than an offense listed in Subsections (4)(a) through (p) involving the use of a dangerous weapon, as defined in Section 76-1-101.5, that is a felony; and (ii) the juvenile offender has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon, as defined in Section 76-1-101.5; or (r) an offense other than an offense listed in Subsections (4)(a) through (q) and the juvenile offender has been previously ordered to secure care.
Utah Code § 80-2-503.5 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-503.5
§ 80-2-503.5. Psychotropic medication oversight program -- Behavioral health service rates.
Status: in_force

(1) As used in this section: (a) "Advanced practice registered nurse" means an individual licensed to practice as an advanced practice registered nurse in this state under Title 58, Chapter 31b, Nurse Practice Act. (b) "Division" means the Division of Integrated Healthcare created in Section 26B-1-204. (c) "HIPAA" means 45 C.F.R. Parts 160, 162, and 164, Health Insurance Portability and Accountability Act of 1996, as amended. (d) "Physician assistant" means an individual licensed to practice as a physician assistant in this state under Title 58, Chapter 70a, Utah Physician Assistant Act. (e) "Psychotropic medication" means medication prescribed to affect or alter thought processes, mood, or behavior, including antipsychotic, antidepressant, anxiolytic, or behavior medication. (f) "Qualifying minor" means a minor committed to the Division of Juvenile Justice and Youth Services under Section 80-6-703. (2) The division shall, through contract with the University of Utah or another qualified third party, operate a psychotropic medication oversight program for children in foster care and qualifying minors to ensure that each foster child and qualifying minor is prescribed psychotropic medication consistent with the foster child's or qualifying minor's needs and consistent with clinical best practices. (3) The division shall operate an oversight team to manage the psychotropic medication oversight program, composed of at least the following individuals: (a) a physician assistant with pediatric mental health experience, or an advanced practice registered nurse with pediatric mental health experience, contracted with the division; (b) a child psychiatrist contracted with the division; (c) a data analyst contracted with the division; and (d) an individual with care coordination experience. (4) The oversight team shall monitor foster children and qualifying minors: (a) six years old or younger who are being prescribed one or more psychotropic medications; (b) seven years old or older who are being prescribed two or more psychotropic medications; and (c) who are prescribed one or more antipsychotic medications. (5) The division shall establish a business associate agreement with the oversight team by which the oversight team shall, upon request, be given information or records related to the foster child's or qualifying minor's health care history, including psychotropic medication history and mental and behavioral health history, from: (a) the division's Medicaid pharmacy program; (b) the department's written and electronic records and databases; (c) the foster child's current or past caseworker, or the qualifying minor's current or past case manager; (d) the foster child or qualifying minor; or (e) the foster child's or qualifying minor's: (i) current or past health care provider; (ii) parents; or (iii) foster parents. (6) The oversight team may review and monitor the following information about a foster child or qualifying minor: (a) the foster child's or qualifying minor's history; (b) the foster child's or qualifying minor's health care, including psychotropic medication history and mental or behavioral health history; (c) whether there are less invasive treatment options available to meet the foster child's or qualifying minor's needs; (d) the dosage or dosage range and appropriateness of the foster child's or qualifying minor's psychotropic medication; (e) the short-term or long-term risks associated with the use of the foster child's or qualifying minor's psychotropic medication; or (f) the reported benefits of the foster child's or qualifying minor's psychotropic medication. (7) (a) On at least a quarterly basis, the oversight team shall: (i) review the medical and mental or behavioral health history for each foster child and qualifying minor overseen by the program; (ii) based on the review under Subsection (7)(a)(i), document the oversight team's findings and recommendations; and (iii) make written recommendations concerning the foster child's or qualifying minor's psychotropic medication and the foster child's or qualifying minor's mental or behavioral health, including any recommendation for psychotherapy treatment. (b) The oversight team's recommendations described in Subsection (7)(a) shall be provided to the foster child's current caseworker or the qualifying minor's current case manager, the foster child's or qualifying minor's parent or guardian, and the foster child's or qualifying minor's current health care providers, in accordance with rules adopted pursuant to Subsection (8) and in compliance with HIPAA and other relevant state and federal privacy laws. (c) The member of the oversight team described in Subsection (3)(d) shall: (i) provide the recommendations described in Subsection (7)(a) in writing and verbally, or as otherwise provided in rules adopted pursuant to Subsection (8), to the foster child's or qualifying minor's current health care providers; and (ii) on at least a semiannual basis, follow up with the foster child's or qualifying minor's current health care providers to document whether recommendations made by the oversight team have been implemented. (d) A foster child's caseworker or qualifying minor's case manager shall maintain a confidential record of recommendations provided under Subsection (7)(b). (8) The division may adopt administrative rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to administer this section, including the rules described in Subsection (7)(b). (9) The division shall report regarding the psychotropic medication oversight program: (a) to the Child Welfare Legislative Oversight Panel by October 1 of each even numbered year; and (b) orally to the Health and Human Services Interim Committee, at least once every two years at or before the October interim meeting. (10) The oversight team shall report: (a) quarterly to the division regarding the number of foster children and qualifying minors reviewed and the number of recommendations made; and (b) annually to the division regarding outcomes for foster children and qualifying minors overseen by the program. (11) Beginning on July 1, 2024, the department shall pay for outpatient behavioral health services for children in foster care and qualifying minors at a rate no lower than the standard Medicaid fee schedule.
Utah Code § 80-6-205 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-205
§ 80-6-205. Admission to detention -- Alternative to detention -- Rights of a minor in detention.
Status: in_force

(1) If a minor is taken to a detention facility under Section 80-6-203, a designated staff member of the detention facility shall immediately review the form and determine, based on the results of the detention risk assessment tool and Subsection (2), whether to: (a) admit the minor to secure detention; (b) admit the minor to home detention; (c) place the minor in an alternative to detention, except that the staff member may not place the minor in a correctional facility that is intended to hold adults accused or convicted of offenses as an alternative to detention; or (d) if the minor is a child, return the minor home upon a written promise by the minor's parent, guardian, or custodian to bring the minor to the juvenile court at a time set or without restriction. (2) The designated staff member may not admit a minor to detention under Subsection (1) unless: (a) the minor is detainable based on the detention guidelines; or (b) the minor has been brought to detention in accordance with: (i) a court order; (ii) a warrant described in Section 80-6-202; or (iii) a division warrant described in Section 80-6-806. (3) If the designated staff member determines to admit a minor to home detention, the staff member shall notify the juvenile court of that determination. (4) Even if a minor is eligible for secure detention, a peace officer or other person who takes a minor to a detention facility, or the designated staff member of the detention facility, may release a minor to a less restrictive alternative than secure detention. (5) (a) If a minor taken to a detention facility does not qualify for admission under detention guidelines or this section, a designated staff member of the detention facility shall arrange an appropriate alternative, including admitting a minor to a juvenile receiving center or a shelter facility. (b) (i) Except as otherwise provided by this section, a minor may not be placed or kept in secure detention while court proceedings are pending. (ii) A child may not be placed or kept in a shelter facility while court proceedings are pending, unless the child is in protective custody in accordance with Chapter 3, Abuse, Neglect, and Dependency Proceedings. (6) If a minor is taken into temporary custody and admitted to a secure detention, or another alternative to detention, a designated staff member of the detention facility shall: (a) immediately notify the minor's parent, guardian, or custodian; and (b) promptly notify the juvenile court of the placement. (7) If a minor is admitted to secure detention, or another alternative to detention, outside the county of the minor's residence and a juvenile court determines, in a detention hearing, that secure detention, or an alternative to detention, of the minor shall continue, the juvenile court shall direct the sheriff of the county of the minor's residence to transport the minor to secure detention or another alternative to detention in that county. (8) (a) Subject to Subsection (8)(b), a minor admitted to detention has a right to: (i) phone the minor's parent, guardian, or attorney immediately after the minor is admitted to detention; and (ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or custodian. (b) The division may: (i) establish a schedule for which a minor in detention may visit or phone a person described in Subsection (8)(a); (ii) allow a minor in detention to visit or call persons described in Subsection (8)(a) in special circumstances; (iii) limit the number and length of calls and visits for a minor in detention to persons described in Subsection (8)(a) on account of scheduling, facility, or personnel constraints; or (iv) limit the minor's rights described in Subsection (8)(a) if a compelling reason exists to limit the minor's rights. (c) A minor admitted to detention shall be immediately advised of the minor's rights described in this Subsection (8).
Utah Code § 80-2a-302 — Utah Code / Title 80 / Chapter 80-2a / § 80-2a-302
§ 80-2a-302. Reasonable efforts to maintain a child in the home -- Exception -- Reasonable efforts for reunification.
Status: in_force

(1) Because removal of a child from the child's home affects protected, constitutional rights of the parent and has a dramatic, long-term impact on a child, the division shall: (a) if possible and appropriate, without danger to the child's welfare, make reasonable efforts to prevent or eliminate the need for removal of a child from the child's home before the day on which the child is placed in substitute care; (b) determine whether there is substantial cause to believe that a child has been or is in danger of abuse or neglect, in accordance with the guidelines described in Chapter 3, Abuse, Neglect, and Dependency Proceedings, before removing the child from the child's home; and (c) if possible and appropriate, and in accordance with the limitations and requirements of Sections 80-3-406 and 80-3-409, make reasonable efforts to make it possible for a child in substitute care to return to the child's home. (2) (a) In determining the reasonableness of efforts needed to maintain a child in the child's home or to return a child to the child's home, in accordance with Subsection (1)(a) or (c), the child's health, safety, and welfare shall be the paramount concern. (b) The division shall consider whether the efforts described in Subsections (1) and (2) are likely to prevent abuse or continued neglect of the child. (3) If removal and placement in substitute care is necessary to protect a child, the efforts described in Subsections (1) and (2): (a) are not reasonable or appropriate; and (b) should not be utilized. (4) Subject to Subsection (5), in cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved, the state has no duty to make reasonable efforts to, in any way, attempt to: (a) maintain a child in the child's home; (b) provide reunification services; or (c) rehabilitate the offending parent or parents. (5) Subsection (4) does not exempt the division from providing court ordered services.
Utah Code § 80-6-906 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-906
§ 80-6-906. Fees.
Status: in_force

(1) (a) A youth court may require that a minor pay a reasonable fee, not to exceed $50, to participate in the youth court. (b) A fee under Subsection (1) may be reduced or waived by the youth court in exigent circumstances. (c) A fee under Subsection (1) shall be paid to and accounted for by the sponsoring entity. (d) Any fees collected shall be used for supplies and any training requirements. (2) A minor who participates in youth court is responsible for the all expenses of any classes, counseling, treatment, or other educational programs that are the disposition of the youth court.
Utah Code § 80-2-803 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-803
§ 80-2-803. Division promotion of adoption -- Adoption research and informational pamphlet.
Status: in_force

The division shall: (1) actively promote the adoption of all children in the division's custody who have a final plan for termination of parental rights under Section 80-3-409 or a primary permanency plan of adoption; (2) develop plans for the effective use of cross-jurisdictional resources to facilitate timely adoptive or permanent placements for waiting children; (3) obtain information or conduct research regarding prior adoptive families to determine what families may do to be successful with an adoptive child; (4) make the information or research described in Subsection (3) available to potential adoptive parents; (5) prepare a pamphlet that explains the information that a child-placing agency is required to provide a potential adoptive parent under Section 81-14-303; (6) regularly distribute copies of the pamphlet described in Subsection (5) to child-placing agencies; and (7) respond to an inquiry made as a result of the notice provided by a child-placing agency under Section 81-14-303.
Utah Code § 80-5-203 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-203
§ 80-5-203. Detention risk assessment tool.
Status: in_force

(1) The division, in conjunction with the Administrative Office of the Courts, shall develop or adopt, and validate on the Utah juvenile population, a statewide detention risk assessment tool. (2) (a) The division shall administer the detention risk assessment tool for each minor under consideration for detention. (b) A designated individual who has completed training to conduct the detention risk assessment tool shall administer the detention risk assessment tool. (3) The division and the Administrative Office of the Courts shall establish a scoring system to inform eligibility for placement of a minor in a detention facility or for referral to an alternative to detention.
Utah Code § 80-4-109 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-109
§ 80-4-109. Consideration of cannabis during proceedings.
Status: in_force

(1) As used in this section: (a) "Cannabis" means the same as that term is defined in Section 26B-4-201. (b) "Cannabis product" means the same as that term is defined in Section 26B-4-201. (c) (i) "Chronic" means repeated or patterned. (ii) "Chronic" does not mean an isolated incident. (d) "Directions of use" means the same as that term is defined in Section 26B-4-201. (e) "Dosing guidelines" means the same as that term is defined in Section 26B-4-201. (f) "Medical cannabis" means the same as that term is defined in Section 26B-4-201. (g) "Medical cannabis cardholder" means the same as that term is defined in Section 26B-4-201. (h) "Recommending medical provider" means the same as that term is defined in Section 26B-4-201. (2) In a proceeding under this chapter in which the juvenile court makes a finding, determination, or otherwise considers an individual's possession or use of medical cannabis, a cannabis product, or a medical cannabis device, the juvenile court may not consider or treat the individual's possession or use any differently than the lawful possession or use of any prescribed controlled substance if: (a) the individual's possession or use complies with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies; (b) the individual's possession or use complies with Subsection 58-37-404(2) or (3); or (c) (i) the individual's possession or use complies with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; and (ii) the individual reasonably complies with the directions of use and dosing guidelines determined by the individual's recommending medical provider or through a consultation described in Subsection 26B-4-231(5). (3) In a proceeding under this chapter, a parent's or guardian's use of cannabis or a cannabis product is not abuse or neglect of a child unless there is evidence showing that: (a) the child is harmed because of the child's inhalation or ingestion of cannabis, or because of cannabis being introduced to the child's body in another manner; or (b) the child is at an unreasonable risk of harm because of chronic inhalation or ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner. (4) Unless there is harm or an unreasonable risk of harm to the child as described in Subsection (3), a parent's or guardian's use of medical cannabis or a cannabis product is not contrary to the best interests of a child if: (a) for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's possession or use complies with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, and there is no evidence that the parent's or guardian's use of medical cannabis unreasonably deviates from the directions of use and dosing guidelines determined by the parent's or guardian's recommending medical provider or through a consultation described in Subsection 26B-4-231(5); or (b) before January 1, 2021, the parent's or guardian's possession or use complies with Subsection 58-37-404(2) or (3). (5) Subsection (3) does not prohibit a finding of abuse or neglect of a child and Subsection (3) does not prohibit a finding that a parent's or guardian's use of medical cannabis or a cannabis product is contrary to the best interests of a child, if there is evidence showing a nexus between the parent's or guardian's use of cannabis or a cannabis product and behavior that would separately constitute abuse or neglect of the child.
Utah Code § 80-7-105 — Utah Code / Title 80 / Chapter 80-7 / § 80-7-105
§ 80-7-105. Emancipation.
Status: in_force

(1) A minor who is emancipated may: (a) enter into contracts; (b) buy and sell property; (c) sue or be sued; (d) retain the minor's own earnings; (e) borrow money for any purpose, including for education; and (f) obtain healthcare without parental consent. (2) A minor who is emancipated may not be considered an adult: (a) under the criminal laws of the state, unless the requirements of Chapter 6, Part 5, Minor Tried as an Adult, have been met; (b) under the criminal laws of the state when the minor is a victim and the age of the victim is an element of the offense; and (c) for specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, possession of tobacco or firearms, and other health and safety regulations relevant to the minor because of the minor's age. (3) (a) An order of emancipation prospectively terminates parental responsibilities that accrue based on the minor's status as a minor under the custody and control of a parent, guardian, or custodian, including parental tort liability for the acts of the minor. (b) Nothing in this chapter shall be construed to interfere with the integrity of the family or to minimize the rights of parents or children.
Utah Code § 80-4-106 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-106
§ 80-4-106. Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities.
Status: in_force

(1) (a) The parties shall be advised of the parties' right to counsel, including the appointment of counsel for a parent or guardian facing any action initiated by a private party under this chapter or under Section 81-13-205 for termination of parental rights. (b) If a parent or guardian is the subject of a petition for the termination of parental rights, 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. (c) In any action under this chapter, a guardian ad litem, as defined in Section 78A-2-801, shall represent the child in accordance with Sections 78A-2-803 and 80-3-104. (2) 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 the termination of parental rights. (3) (a) The juvenile court shall admit any individual to a hearing 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 child 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 (3)(a) on the juvenile court's own motion or by motion of a party to the proceeding.
Utah Code § 80-6-1001.2 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1001.2
§ 80-6-1001.2. Venue for petition seeking expungement.
Status: in_force

Notwithstanding Section 78A-6-350 and Title 78B, Chapter 3a, Venue for Civil Actions, a petitioner shall bring a petition for expungement under this part: (1) in the court that presided over the final proceedings in a case if a petition for delinquency was filed; or (2) if a petition for delinquency was never filed, in the juvenile court in the judicial district in which the last arrest occurred or the citation was resolved.
Utah Code § 80-6-1106 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1106
§ 80-6-1106. Article 5 -- Organization and operation of the Interstate Commission.
Status: in_force

(1) Section A. By-lawsThe Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first commission meeting, adopt by-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to: (a) establishing the fiscal year of the commission; (b) establishing an executive committee and any other committees as necessary; (c) providing for the establishment of committees governing any general or specific delegation of any authority or function of the commission; (d) providing reasonable procedures for calling and conducting meetings of the commission, and ensuring reasonable notice of each meeting; (e) establishing the titles and responsibilities of the officers of the commission; (f) providing a mechanism for concluding the operations of the commission and the return of any surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations; (g) providing "start-up" rules for initial administration of the compact; and (h) establishing standards and procedures for compliance and technical assistance in carrying out the compact. (2) Section B. Officers and Staff (a) The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have the authority and duties specified in the by-laws. The chairperson or, in the chairperson's absence or disability, the vice chairperson shall preside at all meetings of the commission. (b) The officers shall serve without compensation or remuneration from the commission, provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the commission. (c) The commission shall, through its executive committee, appoint or retain an executive director for any time period, upon any terms and conditions, and for any compensation as the commission may consider appropriate. The executive director shall serve as secretary to the commission, but may not be a member and shall hire and supervise other staff as authorized by the commission. (3) Section C. Qualified Immunity, Defense, and Indemnification (a) The Interstate Commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that a person may not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of the person. (b) The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of the person's employment or duties for acts, errors, or omissions occurring within the person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. Nothing in this Subsection (3) shall be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of the person. (c) The commission shall defend the executive director or the employees or representatives of the commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend the commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of the person. (d) The commission shall indemnify and hold the commissioner of a compacting state, the commissioner's representatives or employees, or the commission's representatives or employees harmless in the amount of any settlement or judgment obtained against the persons arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the persons had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of the persons.
Utah Code § 80-6-708 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-708
§ 80-6-708. Service in National Guard.
Status: in_force

If a minor is adjudicated under Section 80-6-701, the minor may be given a choice by the juvenile court to serve in the National Guard in lieu of other sanctions described in this part if: (1) the minor meets the current entrance qualifications for service in the National Guard as determined by a recruiter, whose determination is final; (2) the offense: (a) would be a felony if committed by an adult; (b) is a violation of Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, or an offense described in a statute previously in effect in this state that is the same or substantially similar to a violation of an offense described in Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances; or (c) was committed with a weapon; and (3) the juvenile court retains jurisdiction over the minor's case under conditions set by the juvenile court and agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
Utah Code § 80-6-303.5 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-303.5
§ 80-6-303.5. Preliminary inquiry by juvenile probation officer -- Eligibility for nonjudicial adjustment.
Status: in_force

(1) If the juvenile court receives a referral for an offense committed by a minor that is, or appears to be, within the juvenile court's jurisdiction, or for the minor being a habitual truant, a juvenile probation officer shall make a preliminary inquiry in accordance with this section to determine whether the minor is eligible to enter into a nonjudicial adjustment. (2) If a minor is referred to the juvenile court for multiple offenses arising from a single criminal episode, and the minor is eligible under this section for a nonjudicial adjustment, the juvenile probation officer shall offer the minor one nonjudicial adjustment for all offenses arising from the single criminal episode. (3) (a) The juvenile probation officer may: (i) conduct a validated risk and needs assessment; and (ii) request that a prosecuting attorney review a referral in accordance with Section 80-6-304.5 if: (A) the results of the validated risk and needs assessment indicate the minor is high risk; or (B) the results of the validated risk and needs assessment indicate the minor is moderate risk and the referral is for a class A misdemeanor violation under Sections 76-9-112, 76-12-306, 76-12-307, or 76-12-309, or Title 76, Chapter 5, Offenses Against the Individual. (b) If the referral involves an offense that is a violation of Section 41-6a-502, the minor shall: (i) undergo a drug and alcohol screening; (ii) if found appropriate by the screening, participate in an assessment; and (iii) if warranted by the screening and assessment, follow the recommendations of the assessment. (4) Except for an offense that is not eligible under Subsection (8), the juvenile probation officer shall offer a nonjudicial adjustment to a minor if: (a) the minor: (i) is referred for an offense that is a misdemeanor, infraction, or status offense; (ii) has no more than two prior adjudications; and (iii) has no more than two prior unsuccessful nonjudicial adjustment attempts; (b) the minor is referred for an offense that is alleged to have occurred before the minor was 12 years old; or (c) the minor is referred for being a habitual truant. (5) For purposes of determining a minor's eligibility for a nonjudicial adjustment under Subsection (4), the juvenile probation officer shall treat all offenses arising out of a single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial adjustment. (6) For purposes of determining a minor's eligibility for a nonjudicial adjustment under Subsection (4), the juvenile probation officer shall treat all offenses arising out of a single criminal episode that resulted in one or more prior adjudications as a single adjudication. (7) Except for a referral that involves an offense described in Subsection (8), the juvenile probation officer may offer a nonjudicial adjustment to a minor who does not meet the criteria described in Subsection (4)(a). (8) The juvenile probation officer may not offer a minor a nonjudicial adjustment if the referral involves: (a) an offense alleged to have occurred when the minor was 12 years old or older that is: (i) a felony offense; or (ii) a misdemeanor violation of: (A) Section 41-6a-502, driving under the influence; (B) Section 76-18-209, unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance; (C) Section 76-18-210, unlawfully possessing a controlled substance or counterfeit substance with intent to distribute; (D) Section 76-5-107, threat of violence; (E) Section 76-5-107.1, threats against schools; (F) Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury; (G) Section 76-5-206, negligent homicide; (H) Section 76-5-401.3, unlawful adolescent sexual activity; (I) Section 76-5-418, sexual battery; (J) Section 76-5d-204, patronizing a prostituted individual who is a child; (K) Section 76-5d-211, sexual solicitation by an actor offering compensation to a child in exchange for sexual activity; (L) Section 76-11-205, carrying a dangerous weapon at an elementary school or secondary school; (M) Section 76-11-206, carrying a dangerous weapon at a daycare; (N) Section 76-11-207, threatening with or using a dangerous weapon in a fight or quarrel; (O) Section 76-11-208, possession of a dangerous weapon with criminal intent; or (P) Section 76-11-211, possession of a dangerous weapon by a minor; or (b) an offense alleged to have occurred before the minor is 12 years old that is a felony violation of: (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another; (ii) Section 76-5-202, aggravated murder or attempted aggravated murder; (iii) Section 76-5-203, murder or attempted murder; (iv) Section 76-5-302, aggravated kidnapping; (v) Section 76-5-405, aggravated sexual assault; (vi) Section 76-6-103, aggravated arson; (vii) Section 76-6-203, aggravated burglary; (viii) Section 76-6-302, aggravated robbery; or (ix) Section 76-11-210, felony discharge of a firearm. (9) The juvenile probation officer shall request that a prosecuting attorney review a referral if: (a) the referral involves an offense described in Subsection (8); or (b) the minor has a current suspended order for custody under Section 80-6-711.
Utah Code § 80-2-901 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-901
§ 80-2-901. Definitions.
Status: in_force

As used in this part: (1) "State" means: (a) a state of the United States; (b) the District of Columbia; (c) the Commonwealth of Puerto Rico; (d) the Virgin Islands; (e) Guam; (f) the Commonwealth of the Northern Mariana Islands; or (g) a territory or possession administered by the United States. (2) "State plan" means the written description of the programs for children, youth, and family services administered by the division in accordance with federal law.
Utah Code § 80-6-305 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-305
§ 80-6-305. Petition for a delinquency proceeding -- Amending a petition -- Continuance.
Status: in_force

(1) A prosecuting attorney shall file a petition, in accordance with Utah Rules of Juvenile Procedure, Rule 17, to commence a proceeding against a minor for an adjudication of an alleged offense, except as provided in: (a) Subsection (2); (b) Section 80-6-302; (c) Section 80-6-502; and (d) Section 80-6-503. (2) A prosecuting attorney may not file a petition under Subsection (1) against an individual for an offense alleged to have occurred before the individual was 12 years old, unless: (a) the individual is alleged to have committed a felony violation of: (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another; (ii) Section 76-5-202, aggravated murder or attempted aggravated murder; (iii) Section 76-5-203, murder or attempted murder; (iv) Section 76-5-302, aggravated kidnapping; (v) Section 76-5-405, aggravated sexual assault; (vi) Section 76-6-103, aggravated arson; (vii) Section 76-6-203, aggravated burglary; (viii) Section 76-6-302, aggravated robbery; or (ix) Section 76-11-210, felony discharge of a firearm; or (b) an offer for a nonjudicial adjustment is made under Section 80-6-303.5 and the minor: (i) declines to accept the offer for the nonjudicial adjustment; or (ii) fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment. (3) A juvenile court may dismiss a petition under this section at any stage of the proceedings. (4) (a) When evidence is presented during any proceeding in a minor's case that points to material facts not alleged in the petition, the juvenile court may consider the additional or different material facts raised by the evidence if the parties consent. (b) The juvenile court, on a motion from any interested party or on the court's own motion, shall direct that the petition be amended to conform to the evidence. (c) If an amended petition under Subsection (4)(b) results in a substantial departure from the material facts originally alleged, the juvenile court shall grant a continuance as justice may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.
Utah Code § 80-4-207 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-207
§ 80-4-207. Modification of petition -- Continuance.
Status: in_force

(1) When it appears that evidence presented in a proceeding under this chapter points to material facts not alleged in the petition for termination of parental rights, the juvenile court may consider the additional or different matters raised by the evidence if the parties consent. (2) The juvenile court, by a motion of any interested party or on the juvenile court's own motion, shall direct that the petition for termination of parental rights be amended to conform to the evidence described in Subsection (1). (3) If the amendment described in Subsection (2) results in a substantial departure from the facts originally alleged in the petition for the termination of parental rights, the juvenile court shall grant a continuance as justice may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.
Utah Code § 80-2-307 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-307
§ 80-2-307. Division reimbursement of motor vehicle insurance coverage for a foster child.
Status: in_force

(1) Within the amounts appropriated to the division for the purposes described in this section, the division may reimburse a foster parent for providing owner's or operator's security covering a foster child's operation of a motor vehicle in amounts required under Section 31A-22-304 if the foster child is in the protective custody, temporary custody, or custody of the division. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing: (a) a procedure for providing the reimbursement to a foster parent described in Subsection (1); (b) eligibility requirements for a foster parent to qualify for a reimbursement under this section; and (c) a method for determining the amount of reimbursement that a foster parent is eligible to receive under this section.
Utah Code § 80-2-308 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-308
§ 80-2-308. Division responsibility for normalizing lives of children -- Requirements for caregiver decision making.
Status: in_force

(1) As used in this section: (a) "Activity" means an extracurricular, enrichment, or social activity. (b) "Age-appropriate" means a type of activity that is generally accepted as suitable for a child of the same age or level of maturity, based on the development of cognitive, emotional, physical, and behavioral capacity that is typical for the child's age or age group. (c) "Caregiver" means a person with whom a child is placed in an out-of-home placement. (d) "Out-of-home placement" means the placement of a child in the division's custody outside of the child's home, including placement in a foster home, a residential treatment program, proctor care, or with kin. (e) "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions to maintain a child's health, safety, and best interest while at the same time encouraging the child's emotional and developmental growth. (2) A child who comes into protective custody or the division's temporary custody or custody under this chapter, Chapter 2a, Removal and Protective Custody of a Child, or Chapter 3, Abuse, Neglect, and Dependency Proceedings, is entitled to participate in age-appropriate activities for the child's emotional well-being and development of valuable life-coping skills. (3) The division shall: (a) make efforts to normalize the life of a child in protective custody or the division's temporary custody or custody and to empower a caregiver to approve or disapprove a child's participation in activities based on the caregiver's own assessment using a reasonable and prudent parent standard, without prior approval of the division; and (b) allow a caregiver to make important decisions, similar to the decisions that a parent is entitled to make, regarding the child's participation in activities. (4) (a) A caregiver shall use a reasonable and prudent parent standard in determining whether to permit a child to participate in an activity. (b) A caregiver shall consider: (i) the child's age, maturity, and developmental level to maintain the overall health and safety of the child; (ii) potential risk factors and the appropriateness of the activity; (iii) the best interest of the child based on the caregiver's knowledge of the child; (iv) the importance of encouraging the child's emotional and developmental growth; (v) the importance of providing the child with the most family-like living experience possible; and (vi) the behavioral history of the child and the child's ability to safely participate in the proposed activity. (c) The division shall verify that a private agency providing out-of-home placement under contract with the division: (i) promotes and protects the ability of a child to participate in age-appropriate activities; and (ii) implements policies consistent with this section. (d) (i) A caregiver is not liable for harm caused to a child in an out-of-home placement if the child participates in an activity approved by the caregiver and the caregiver acted in accordance with a reasonable and prudent parent standard. (ii) This section does not remove or limit any existing liability protection afforded by statute. (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall adopt rules establishing the procedures for verifying that a private agency providing out-of-home placement under contract with the division complies with and promotes this section.
Utah Code § 80-2-601 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-601
§ 80-2-601. Legislative purpose.
Status: in_force

It is the purpose of this part to protect the best interests of children, offer protective services to prevent harm to children, stabilize the home environment, preserve family life whenever possible, and encourage cooperation among the states in dealing with the problem of abuse or neglect.
Utah Code § 80-6-1104 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1104
§ 80-6-1104. Article 3 -- Interstate Commission for Juveniles.
Status: in_force

(1) The compacting states hereby create the "Interstate Commission for Juveniles." (2) The commission shall be a body corporate and joint agency of the compacting states. (3) The commission shall have all the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact. (4) The commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created hereunder. (5) The commissioner shall be the compact administrator, deputy compact administrator, or designee from that state who shall serve on the commission in such capacity under or pursuant to the applicable law of the compacting state. (6) In addition to the commissioners who are the voting representatives of each state, the commission shall include individuals who are not commissioners, but who are members of interested organizations. Noncommissioner members shall include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. (7) All noncommissioner members of the commission shall be ex officio, nonvoting members. The commission may provide in its by-laws for additional ex officio, nonvoting members, including members of other national organizations, in numbers to be determined by the commission. (8) Each compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the commission. (9) The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public. (10) The commission shall establish an executive committee, which shall include commission officers, members, and others as determined by the by-laws. The executive committee shall: (a) have the power to act on behalf of the commission during periods when the commission is not in session, with the exception of rulemaking or amendment to the compact; (b) oversee the day-to-day activities of the administration of the compact managed by an executive director and commission staff, which administers enforcement and compliance with the provisions of the compact, its by-laws, and rules; and (c) perform other duties as directed by the commission or set forth in the by-laws. (11) Each member of the commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the commission. A member shall vote in person and may not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The by-laws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. (12) The commission's by-laws shall establish conditions and procedures under which the commission shall make its information and official records available to the public for inspection or copying. The commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. (13) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to: (a) relate solely to the commission's internal personnel practices and procedures; (b) disclose matters specifically exempted from disclosure by statute; (c) disclose trade secrets or commercial or financial information which is privileged or confidential; (d) involve accusing any person of a crime, or formally censuring any person; (e) disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (f) disclose investigative records compiled for law enforcement purposes; (g) disclose information contained in or related to examination, operating, or condition reports prepared by, or on behalf of or for the use of, the commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity; (h) disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or (i) specifically relate to the commission's issuance of a subpoena, or its participation in a civil action or other legal proceeding. (14) For every meeting closed pursuant to this provision, the commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote, reflected in the vote of each member on the question. All documents considered in connection with any action shall be identified in the minutes. (15) The commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements. Methods of data collection, exchange, and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.
Utah Code § 80-2-1006 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-1006
§ 80-2-1006. Sharing of records with Indian tribe under agreement.
Status: in_force

If the division has a privacy agreement with an Indian tribe to protect the confidentiality of division records regarding an Indian child to the same extent that the division is required to protect other division records, the division shall cooperate with and share all appropriate information in the division's possession regarding an Indian child, the Indian child's parent or guardian, or a proposed placement for the Indian child with the Indian tribe that is affiliated with the Indian child.
Utah Code § 80-2-1007 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-1007
§ 80-2-1007. Request to examine division services payment -- Access to related records -- Unlawful use -- Penalty.
Status: in_force

(1) (a) An individual who is a taxpayer and resident of this state and who desires to examine a payment for services offered by the division in accordance with this chapter or Chapter 2a, Removal and Protective Custody of a Child, shall sign a statement using a form prescribed by the division that includes: (i) an assertion that the individual is a taxpayer and a resident of the state; and (ii) a commitment that any information obtained will not be used for commercial or political purposes. (b) An individual may not make a partial or complete list of names, addresses, or amounts of payment under Subsection (1)(a) or remove information regarding names, addresses, or amounts of payment under Subsection (1)(a) from an office of the division. (2) The division shall: (a) after due consideration of the public interest, define the nature of confidential information to be safeguarded by the division; and (b) establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (i) govern the custody and disclosure of the confidential information; and (ii) provide access to information regarding payments for services offered by the division. (3) This section does not prohibit: (a) the division or an agent of the division, or an individual, commission, or agency duly authorized for the purpose, from making a special study or issuing or publishing statistical material or a report of a general character; or (b) the division or a division representative or employee from conveying or providing to a local, state, or federal governmental agency written information that would affect an individual's eligibility or ineligibility for financial service, or other beneficial program offered by the governmental agency. (4) A person may access a division program plan, policy, or record, including a consumer record or data, in accordance with Title 63G, Chapter 2, Government Records Access and Management Act. (5) A person who violates this section is guilty of a class B misdemeanor.
Utah Code § 80-6-904 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-904
§ 80-6-904. Dispositions.
Status: in_force

(1) A youth court may order a disposition for: (a) compensatory service; (b) participation in law-related educational classes, appropriate counseling, treatment, or other educational programs; (c) providing periodic reports to the youth court; (d) participating in mentoring programs; (e) participation by the minor as a member of a youth court; (f) letters of apology; (g) essays; and (h) any other disposition considered appropriate by the youth court and adult coordinator. (2) A youth court may not: (a) impose a term of imprisonment or detention; or (b) impose fines. (3) A disposition by a youth court shall be completed within 180 days from the date of referral. (4) A disposition by a youth court shall be reduced to writing and signed by the minor and the minor's parent, guardian, or custodian indicating acceptance of the terms of the disposition. (5) (a) A youth court shall notify the referring source if a minor fails to successfully complete the youth court's disposition. (b) The referring source may then take any action the referring source considers appropriate.
Utah Code § 80-2-306 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-306
§ 80-2-306. Division in-home services for the preservation of families.
Status: in_force

(1) (a) Within appropriations from the Legislature and money obtained under Subsection (5), the division shall provide in-home services for the purpose of family preservation to any family with a child whose health and safety is not immediately endangered, if: (i) (A) the child is at risk of being removed from the home; or (B) the family is in crisis; and (ii) the division determines that in-home services are reasonable and appropriate. (b) In determining whether in-home services are reasonable and appropriate, and in keeping with Subsection 80-2a-201(1), the child's health, safety, and welfare shall be the paramount concern. (c) The division shall consider whether the services described in Subsection (1)(b): (i) will be effective within a six-month period; and (ii) are likely to prevent continued abuse or neglect of the child. (2) (a) The division shall maintain a statewide inventory of in-home services available through public and private agencies or individuals for use by child welfare caseworkers. (b) The inventory described in Subsection (2)(a) shall include: (i) the method of accessing each service; (ii) eligibility requirements for each service; (iii) the geographic areas and the number of families that can be served by each service; and (iv) information regarding waiting lists for each service. (3) (a) As part of the division's in-home services for the preservation of families, the division shall provide in-home services in varying degrees of intensity and contact that are specific to the needs of each individual family. (b) As part of the division's in-home services, the division shall: (i) provide customized assistance; (ii) provide support or interventions that are tailored to the needs of the family; (iii) discuss the family's needs with the parent; (iv) discuss an assistance plan for the family with the parent; and (v) address: (A) the safety of children; (B) the needs of the family; and (C) services necessary to aid in the preservation of the family and a child's ability to remain in the home. (c) The division shall, as practicable, provide in-home services within the region that the family resides, using existing division staff. (4) (a) The division may use specially trained child welfare caseworkers, private providers, or other persons to provide the in-home services described in Subsection (3). (b) The division shall allow a child welfare caseworker to be flexible in responding to the needs of each individual family, including: (i) limiting the number of families assigned; and (ii) being available to respond to assigned families within 24 hours. (5) To provide, expand, and improve the delivery of in-home services to prevent the removal of children from the children's homes and promote the preservation of families, the division shall make substantial effort to obtain funding, including: (a) federal grants; (b) federal waivers; and (c) private money.
Utah Code § 80-2-1102 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-1102
§ 80-2-1102. Performance monitoring system -- Report.
Status: in_force

(1) As used in this section: (a) "Performance indicators" means actual performance in a program, activity, or other function for which there is a performance standard. (b) "Performance standards" means the targeted or expected level of performance of each area in the child welfare system, including: (i) child protection services; (ii) adoption; (iii) in-home services; (iv) foster care; (v) other substitute care. (vi) qualitative case review; and (vii) case review process. (2) (a) The division shall create performance standards. (b) The division may not amend performance standards unless the amendment is: (i) necessary and proper for the effective administration of the division; or (ii) necessary to comply with, or implement changes in, the law. (c) Before amending the performance standards, the division shall provide written notice of the proposed amendment to the council. (d) The notice described in Subsection (2)(c) shall include: (i) the proposed amendment; (ii) a summary of the reason for the proposed amendment; and (iii) the proposed effective date of the amendment. (e) Within 45 days after the day on which the division provides the notice described in Subsection (2)(c) to the council, the council shall provide to the division written comments on the proposed amendment. (f) The division may not implement a proposed amendment to the performance standards until the earlier of: (i) seven days after the day on which the division receives the written comments regarding the proposed change described in Subsection (2)(e); or (ii) 52 days after the day on which the division provides the notice described in Subsection (2)(c) to the council. (g) The division shall: (i) give full, fair, and good faith consideration to all comments and objections received from the council; (ii) notify the council in writing of: (A) the division's decision regarding the proposed amendment; and (B) the reasons that support the decision; (iii) include complete information on all amendments to the performance standards in the report described in Subsection (4); and (iv) post the changes on the division's website. (3) The division shall maintain a performance monitoring system to regularly: (a) collect information on performance indicators; and (b) compare performance indicators to performance standards. (4) Before January 1 of each year, the director shall submit a written report to the Child Welfare Legislative Oversight Panel and the Social Services Appropriations Subcommittee that includes: (a) a comparison between the performance indicators for the prior fiscal year and the performance standards; (b) for each performance indicator that does not meet the performance standard: (i) the reason the standard was not met; (ii) the measures that need to be taken to meet the standard; and (iii) the division's plan to comply with the standard for the current fiscal year; (c) data on the extent to which new and experienced division employees have received training under statute, administrative rule, and division policy; and (d) an analysis of the use and efficacy of in-home services, both before and after removal of a child from the child's home.
Utah Code § 80-6-907 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-907
§ 80-6-907. Youth Court Board -- Membership -- Responsibilities.
Status: in_force

7/1/2026 (1) The Youth Court Board shall be comprised of the following members: (a) the Utah attorney general or the attorney general's designee; (b) one prosecuting attorney appointed by the Utah Prosecution Council; (c) one criminal defense attorney appointed by the Utah Association of Criminal Defense Attorneys; (d) one juvenile court judge appointed by the Board of Juvenile Court Judges; (e) the juvenile court administrator or the administrator's designee; (f) the commissioner of the Department of Criminal Justice or the commissioner's designee; (g) the state superintendent of education or the state superintendent's designee; (h) two representatives, appointed by the Utah Youth Court Association, from youth courts based primarily in schools; (i) two representatives, appointed by the Utah Youth Court Association, from youth courts based primarily in communities; (j) one member from the law enforcement community appointed by the Youth Court Board; (k) one member from the community at large appointed by the Youth Court Board; and (l) the president of the Utah Youth Court Association. (2) The Office of the Attorney General shall provide staff support and assistance to the Youth Court Board. (3) The members selected to fill the positions in Subsections (1)(a) through (g) shall jointly select the members to fill the positions in Subsections (1)(h) through (k). (4) Members shall serve two-year staggered terms beginning July 1, 2012, except the initial terms of the members designated by Subsections (1)(b), (c), (d), (j), and (k) and one of the members from Subsections (1)(h) and (i) shall serve two-year terms, but may be reappointed for a full four-year term upon the expiration of the member's initial term. (5) The Youth Court Board shall meet at least quarterly to: (a) set minimum standards for the establishment of a youth court, including an application process, membership and training requirements, and the qualifications for the adult coordinator; (b) review certification applications; and (c) provide for a process to recertify each youth court every three years. (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Youth Court Board shall make rules to accomplish the requirements of Subsection (4). (7) The Youth Court Board may deny certification, recertification, or withdraw the certification of any youth court for failure to comply with program requirements. (8) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. (9) The Youth Court Board shall provide a list of certified youth courts to the Board of Juvenile Court Judges, all law enforcement agencies in the state, all school districts, and the Utah Prosecution Council by October 1 of each year.7/1/2026 (1) The Youth Court Board shall be comprised of the following members: (a) the Utah attorney general or the attorney general's designee; (b) one prosecuting attorney appointed by the Utah Prosecution Council; (c) one criminal defense attorney appointed by the Utah Association of Criminal Defense Attorneys; (d) one juvenile court judge appointed by the Board of Juvenile Court Judges; (e) the juvenile court administrator or the administrator's designee; (f) the commissioner of the Department of Criminal Justice or the commissioner's designee; (g) the state superintendent of education or the state superintendent's designee; (h) two representatives, appointed by the Utah Youth Court Association, from youth courts based primarily in schools; (i) two representatives, appointed by the Utah Youth Court Association, from youth courts based primarily in communities; (j) one member from the law enforcement community appointed by the Youth Court Board; (k) one member from the community at large appointed by the Youth Court Board; and (l) the president of the Utah Youth Court Association. (2) The Office of the Attorney General shall provide staff support and assistance to the Youth Court Board. (3) The members selected to fill the positions in Subsections (1)(a) through (g) shall jointly select the members to fill the positions in Subsections (1)(h) through (k). (4) Members shall serve two-year staggered terms beginning July 1, 2012, except the initial terms of the members designated by Subsections (1)(b), (c), (d), (j), and (k) and one of the members from Subsections (1)(h) and (i) shall serve two-year terms, but may be reappointed for a full four-year term upon the expiration of the member's initial term. (5) The Youth Court Board shall meet at least quarterly to: (a) set minimum standards for the establishment of a youth court, including an application process, membership and training requirements, and the qualifications for the adult coordinator; (b) review certification applications; and (c) provide for a process to recertify each youth court every three years. (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Youth Court Board shall make rules to accomplish the requirements of Subsection (4). (7) The Youth Court Board may deny certification, recertification, or withdraw the certification of any youth court for failure to comply with program requirements. (8) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. (9) The Youth Court Board shall provide a list of certified youth courts to the Board of Juvenile Court Judges, all law enforcement agencies in the state, all school districts, and the Utah Prosecution Council by October 1 of each year.
Utah Code § 80-5-104 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-104
§ 80-5-104. Division director -- Qualifications -- Responsibility.
Status: in_force

(1) The executive director of the department shall appoint the director of the division. (2) The director shall have a bachelor's degree from an accredited university or college, be experienced in administration, and be knowledgeable in juvenile justice. (3) The director is the administrative head of the division.
Utah Code § 80-3-108 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-108
§ 80-3-108. Opportunity for a minor to address the juvenile court -- Consideration of minor's statement outside of court.
Status: in_force

(1) As used in this section, "postadjudication hearing" means: (a) a dispositional hearing; (b) a permanency hearing; or (c) a review hearing, except a drug court review hearing. (2) A minor shall be present at any postadjudication hearing in a case relating to the abuse, neglect, or dependency of the minor, unless the juvenile court determines that: (a) requiring the minor to be present at the postadjudication hearing would be detrimental to the minor or impractical; or (b) the minor is not sufficiently mature to articulate the minor's wishes in relation to the hearing. (3) A juvenile court may, in the juvenile court's discretion, order that a minor described in Subsection (2) be present at a hearing that is not a postadjudication hearing. (4) (a) Except as provided in Subsection (4)(b), at any hearing in a case relating to the abuse, neglect, or dependency of a minor, when the minor is present at the hearing, the juvenile court shall: (i) ask the minor whether the minor desires the opportunity to address the juvenile court or testify; and (ii) if the minor desires an opportunity to address the juvenile court or testify, allow the minor to address the juvenile court or testify. (b) Subsection (4)(a) does not apply if the juvenile court determines that: (i) it would be detrimental to the minor to comply with Subsection (4)(a); or (ii) the minor is not sufficiently mature to articulate the minor's wishes in relation to the hearing. (c) Subject to applicable court rules, the juvenile court may allow the minor to address the court in camera. (d) If a minor 14 years old or older desires an opportunity to address the juvenile court or testify, the juvenile court shall give the minor's desires added weight, but may not treat the minor's desires as the single controlling factor in a postadjudication hearing or other hearing described in Subsection (3). (e) For the purpose of establishing the fact of abuse, neglect, or dependency, the juvenile court may, in the juvenile court's discretion, consider evidence of statements made by a child under eight years old to an individual in a trust relationship. (5) This section does not prohibit a minor from being present at a hearing that the minor is not required to be at under this section or by court order, unless the juvenile court orders otherwise.
Utah Code § 80-5-603 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-603
§ 80-5-603. Assessment of an ungovernable or runaway child for services.
Status: in_force

(1) If a juvenile court finds that a child is ungovernable or a runaway, or that the family is in crisis, the juvenile court may order the division to conduct an assessment to determine whether it would be appropriate for the division to provide prevention and early intervention youth services, as described in Section 80-5-401, to the child. (2) If the division determines that provision of prevention and early intervention youth services is appropriate under Subsection (1), the division shall provide the services to the ungovernable or runaway child.
Utah Code § 80-6-807 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-807
§ 80-6-807. Discharge of juvenile offender.
Status: in_force

(1) A juvenile offender may be discharged from the jurisdiction of the division at any time, by written order of the authority, upon a finding that no further purpose would be served by secure care or supervision in a community setting. (2) A juvenile offender shall be discharged in accordance with Section 80-6-804. (3) Discharge of a juvenile offender is a complete release of all penalties incurred by adjudication of the offense for which the juvenile offender was committed to secure care.
Utah Code § 80-6-508 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-508
§ 80-6-508. Blended plea -- Not permitted.
Status: in_force

(1) As used in this section: (a) "Blended plea" means a plea bargain entered into by a minor that results in a combination of a juvenile adjudication and disposition and a criminal conviction and sentence for a criminal offense that arises from a single criminal episode. (b) "Single criminal episode" means the same as that term is defined in Section 76-1-401. (2) (a) Beginning May 1, 2024, a district court, juvenile court, or a justice court may not accept a plea bargain that is a blended plea. (b) Any criminal conviction or sentence resulting from a blended plea that is entered into on or after May 1, 2024, is void.
Utah Code § 80-3-204 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-204
§ 80-3-204. Protective custody of a child after a petition is filed -- Grounds.
Status: in_force

(1) When an abuse, neglect, or dependency petition is filed, the juvenile court shall apply, in addressing the petition, the least restrictive means and alternatives available to accomplish a compelling state interest and to prevent irretrievable destruction of family life as described in Subsections 80-2a-201(1) and (7)(a) and Section 80-4-104. (2) After an abuse, neglect, or dependency petition is filed, if the child who is the subject of the petition is not in protective custody, a juvenile court may order that the child be removed from the child's home or otherwise taken into protective custody if the juvenile court finds, by a preponderance of the evidence, that any one or more of the following circumstances exist: (a) (i) there is an imminent danger to the physical health or safety of the child; and (ii) the child's physical health or safety may not be protected without removing the child from the custody of the child's parent or guardian; (b) (i) a parent or guardian engages in or threatens the child with unreasonable conduct that causes the child to suffer harm; and (ii) there are no less restrictive 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; (c) the child or another child 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 parent or guardian, a member of the parent's or guardian's household, or other individual known to the parent or guardian; (d) the parent or guardian is unwilling to have physical custody of the child; (e) the child is abandoned or left without any provision for the child's support; (f) a parent or guardian who has been incarcerated or institutionalized has not arranged or cannot arrange for safe and appropriate care for the child; (g) (i) 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; (ii) the whereabouts of the parent or guardian are unknown; and (iii) reasonable efforts to locate the parent or guardian are unsuccessful; (h) subject to Subsection 80-1-102(59)(b) and Sections 80-3-109 and 80-3-304, the child is in immediate need of medical care; (i) (i) a parent's or guardian's actions, omissions, or habitual action create an environment that poses a serious risk to the child's health or safety for which immediate remedial or preventive action is necessary; or (ii) a parent's or guardian's action in leaving a child unattended would reasonably pose a threat to the child's health or safety; (j) the child or another child residing in the same household has been neglected; (k) the child's parent: (i) intentionally, knowingly, or recklessly causes the death of another parent of the child; (ii) 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 (iii) is being prosecuted for or has been convicted of intentionally, knowingly, or recklessly causing the death of another parent of the child; (l) an infant is an abandoned infant, as defined in Section 80-4-203; (m) (i) the parent or guardian, or an adult residing in the same household as the parent or guardian, is charged or arrested pursuant to Title 76, Chapter 18, Part 5, Clandestine Drug Labs; and (ii) any clandestine laboratory operation was located in the residence or on the property where the child resided; or (n) the child's welfare is otherwise endangered. (3) (a) For purposes of Subsection (2)(a), if a child has previously been adjudicated as abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or dependency occurs involving the same substantiated abuser or under similar circumstance as the previous abuse, that fact is prima facie evidence that the child cannot safely remain in the custody of the child's parent. (b) For purposes of Subsection (2)(c): (i) another child residing in the same household may not be removed from the home unless that child is considered to be at substantial risk of being physically abused, sexually abused, or sexually exploited as described in Subsection (2)(c) or Subsection (3)(b)(ii); and (ii) if a parent or guardian has received actual notice that physical abuse, sexual abuse, or sexual exploitation by an individual known to the parent has occurred, and there is evidence that the parent or guardian failed to protect the child, after having received the notice, by allowing the child to be in the physical presence of the alleged abuser, that fact is prima facie evidence that the child is at substantial risk of being physically abused, sexually abused, or sexually exploited. (4) (a) For purposes of Subsection (2), if the division files an abuse, neglect, or dependency petition, the juvenile court shall consider the division's safety and risk assessments described in Section 80-2-403 to determine whether a child should be removed from the custody of the child's parent or guardian or should otherwise be taken into protective custody. (b) The division shall make a diligent effort to provide the safety and risk assessments described in Section 80-2-403 to the juvenile court, guardian ad litem, and counsel for the parent or guardian, as soon as practicable before the shelter hearing described in Section 80-3-301. (5) In the absence of one of the factors described in Subsection (2), a juvenile court may not remove a child from the parent's or guardian's custody on the basis of: (a) educational neglect, truancy, or failure to comply with a court order to attend school; (b) mental illness or poverty of the parent or guardian; (c) disability, as defined in Section 57-21-2, of the parent or guardian; or (d) the possession or use, in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, of cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, as those terms are defined in Section 26B-4-201. (6) A child removed from the custody of the child's parent or guardian under this section may not be placed or kept in detention, unless the child may be admitted to detention under Chapter 6, Part 2, Custody and Detention. (7) This section does not preclude removal of a child from the child's home without a warrant or court order under Section 80-2a-202. (8) (a) Except as provided in Subsection (8)(b), a juvenile court and the division may not remove a child from the custody of the child's parent or guardian on the sole or primary basis that the parent or guardian refuses to consent to: (i) the administration of a psychotropic medication to a child; (ii) a psychiatric, psychological, or behavioral treatment for a child; or (iii) a psychiatric or behavioral health evaluation of a child. (b) Notwithstanding Subsection (8)(a), a juvenile court or the division may remove a child under conditions that would otherwise be prohibited under Subsection (8)(a) if failure to take an action described under Subsection (8)(a) would present a serious, imminent risk to the child's physical safety or the physical safety of others.
Utah Code § 80-6-303 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-303
§ 80-6-303. Criminal proceedings involving minors -- Transfer to juvenile court -- Exception.
Status: in_force

(1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or justice court determines that the juvenile court has jurisdiction over the offense, the district court or justice court shall transfer the case to the juvenile court with all the papers, documents, and transcripts of any testimony. (b) (i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense that is: (A) filed in the district court in accordance with Section 80-6-502; or (B) transferred to the district court in accordance with Section 80-6-504. (ii) A justice court may decline to transfer an offense for which the justice court has original jurisdiction under Section 78A-7-106. (2) (a) Except as provided in Subsection (2)(b), the district court or justice court making the transfer shall: (i) order the individual to be taken immediately to the juvenile court or to a place of detention designated by the juvenile court; or (ii) release the individual to the custody of the individual's parent or guardian or other person legally responsible for the individual, to be brought before the juvenile court at a time designated by the juvenile court. (b) If the alleged offense under Subsection (1) occurred before the individual was 12 years old: (i) the district court or justice court making the transfer shall release the individual to the custody of the individual's parent or guardian, or other person legally responsible for the individual; (ii) the juvenile court shall treat the transfer as a referral under Section 80-6-301; and (iii) a juvenile probation officer shall make a preliminary inquiry to determine whether the individual is eligible for a nonjudicial adjustment in accordance with Section 80-6-303.5. (c) If the case is transferred to the juvenile court under this section, the juvenile court shall then proceed in accordance with this chapter. (3) A district court or justice court does not have to transfer a case under Subsection (1) if the district court or justice court would have had jurisdiction over the case at the time the individual committed the offense in accordance with Sections 78A-5-102 and 78A-7-106.