Utah Code § 80-2-1005 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-1005
§ 80-2-1005. Classification of reports of alleged abuse or neglect -- Confidential identity of a person who reports -- Access -- Admitting reports into evidence -- Unlawful release and use -- Penalty.
Status: in_force

(1) Except as otherwise provided in this chapter or Chapter 2a, Removal and Protective Custody of a Child, a report made under Part 6, Child Abuse and Neglect Reports, and any other information in the possession of the division obtained as a result of the report is a private, protected, or controlled record under Title 63G, Chapter 2, Government Records Access and Management Act, and may only be made available to: (a) a police or law enforcement agency investigating a report of known or suspected abuse or neglect, including members of a child protection team; (b) a physician who reasonably believes that a child may be the subject of abuse or neglect; (c) an agency that has responsibility or authority to care for, treat, or supervise a minor who is the subject of a report; (d) a contract provider that has a written contract with the division to render services to a minor who is the subject of a report; (e) the subject of the report, the parents of the child, an individual who has been awarded permanent custody and guardianship of the child, and the guardian ad litem; (f) a court, upon a finding that access to the records may be necessary for the determination of an issue before the court, if in a divorce, custody, or related proceeding between private parties, the record alone is: (i) limited to objective or undisputed facts that were verified at the time of the investigation; and (ii) devoid of conclusions drawn by the division or any of the division's workers on the ultimate issue of whether an individual's acts or omissions constituted any level of abuse or neglect of another individual; (g) an office of the public prosecutor or the public prosecutor's deputies in performing an official duty; (h) a person authorized by a Children's Justice Center, for the purposes described in Section 67-5b-102; (i) a person engaged in bona fide research, when approved by the director of the division, if the information does not include names and addresses; (j) the State Board of Education, acting on behalf of itself or on behalf of a local education agency, as defined in Section 63J-5-102, for the purpose of evaluating whether an individual should be permitted to obtain or retain a license as an educator or serve as an employee or volunteer in a school, limited to information with substantiated or supported findings involving an alleged sexual offense, an alleged felony or class A misdemeanor drug offense, or any alleged offense against the person under Title 76, Chapter 5, Offenses Against the Individual, and with the understanding that the office shall provide the subject of a report received under Subsection (1)(k) with an opportunity to respond to the report before making a decision concerning licensure or employment; (k) any individual identified in the report as a perpetrator or possible perpetrator of abuse or neglect, after being advised of the screening prohibition in Subsection (2); (l) a person filing a petition for a child protective order on behalf of a child who is the subject of the report; (m) a licensed child-placing agency or person who is performing a preplacement adoptive evaluation in accordance with the requirements of Sections 81-13-403 and 81-13-405; (n) an Indian tribe to: (i) certify or license a foster home; (ii) render services to a subject of a report; or (iii) investigate an allegation of abuse, neglect, or dependency; (o) the department or a local substance abuse authority, described in Section 17-77-201, for the purpose of providing substance abuse treatment to a pregnant woman or a parent of a newborn child, or the services described in Subsection 26B-5-102(2)(mm); or (p) an investigator with the Division of Professional Licensing to investigate reported licensing violations related to child abuse or neglect. (2) In accordance with Section 80-2-608 and except as provided in Section 80-2-611, the division and a law enforcement agency shall ensure the anonymity of the person who makes the initial report under Part 6, Child Abuse and Neglect Reports, and any other person involved in the division's or law enforcement agency's subsequent investigation of the report. (3) Notwithstanding any other provision of law, excluding Section 80-3-107, but including this chapter, Chapter 2a, Removal and Protective Custody of a Child, and Title 63G, Chapter 2, Government Records Access and Management Act, if the division makes a report or other information in the division's possession available under Subsection (1)(e) to a subject of the report or a parent of a child, the division shall remove from the report or other information only the names, addresses, and telephone numbers of individuals or specific information that could: (a) identify the referent; (b) impede a criminal investigation; or (c) endanger an individual's safety. (4) A child-placing agency or person who receives a report from the division under Subsection (1)(m) may provide the report to: (a) the subject of the report; (b) a person who is performing a preplacement adoptive evaluation in accordance with Sections 81-13-403 and 81-13-405; (c) a licensed child-placing agency; or (d) an attorney seeking to facilitate an adoption. (5) A member of a child protection team may, before the day on which the child is removed, share case-specific information obtained from the division under this section with other members of the child protection team. (6) (a) Except as provided in Subsection (6)(b), in a divorce, custody, or related proceeding between private parties, a court may not receive into evidence a report that: (i) is provided to the court: (A) under Subsection (1)(f); or (B) by a parent of the child after the record is made available to the parent under Subsection (1)(e); (ii) describes a parent of the child as the alleged perpetrator; and (iii) is found to be unsubstantiated, unsupported, or without merit. (b) (i) After a motion to admit the report described in Subsection (6)(a) is made, the court shall allow sufficient time for all subjects of the record to respond before making a finding on the motion. (ii) After considering the motion described in Subsection (6)(b)(i), the court may receive the report into evidence upon a finding on the record of good cause. (7) (a) A person may not: (i) willfully permit, or aid and abet, the release of data or information in the possession of the division or contained in the Management Information System in violation of this part or Part 6, Child Abuse and Neglect Reports; or (ii) if the person is not listed in Subsection (1), request another person to obtain or release a report or other information that the other person obtained under Subsection (1)(k) to screen for potential perpetrators of abuse or neglect. (b) A person who violates Subsection (7)(a)(i), or violates Subsection (7)(a)(ii) knowing the person's actions are a violation of Subsection (7)(a)(ii), is guilty of a class C misdemeanor.
Utah Code § 80-4-304 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-304
§ 80-4-304. Specific considerations when child is placed in foster home.
Status: in_force

If a child is in the custody of the division and has been placed and resides in a foster home and the division institutes proceedings under this chapter regarding the child, with an ultimate goal of having the child's foster parent or parents adopt the child, the juvenile court shall consider: (1) whether the child has become integrated into the foster family to the extent that the child's familial identity is with the foster family; (2) whether the foster family is able and willing permanently to treat the child as a member of the family; (3) the love, affection, and other emotional ties existing between the child and the parents, and the child's ties with the foster family; (4) the capacity and disposition of the child's parents from whom the child was removed as compared with that of the foster family to give the child love, affection, and guidance and to continue the education of the child; (5) the length of time the child has lived in a stable, satisfactory foster home and the desirability of the child continuing to live in that environment; (6) the permanence as a family unit of the foster family; and (7) any other factor that the juvenile court considers relevant to a particular placement of a child.
Utah Code § 80-6-204 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-204
§ 80-6-204. Detention or confinement of a child -- Restrictions.
Status: in_force

7/1/2026 (1) Except as provided in Subsection (2) or this chapter, if a child is apprehended by a peace officer, or brought before a court for examination under state law, the child may not be confined: (a) in a jail, lockup, or cell used for an adult who is charged with a crime; or (b) in secure care. (2) (a) The division shall detain a child in accordance with Sections 80-6-502, 80-6-504, and 80-6-505 if: (i) the child is charged with an offense under Section 80-6-502 or 80-6-503; (ii) the district court has obtained jurisdiction over the offense because the child is bound over to the district court under Section 80-6-504; and (iii) the juvenile or district court orders the detention of the child. (b) (i) If a child is detained before a detention hearing, or a preliminary hearing under Section 80-6-504 if a criminal information is filed for the child under Section 80-6-503, the child may only be held in certified juvenile detention accommodations in accordance with rules made by the department. (ii) The department's rules shall include rules for acceptable sight and sound separation from adult inmates. (iii) The department shall certify that a correctional facility is in compliance with the department's rules. (iv) This Subsection (2)(b) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a). (3) (a) In an area of low density population, the department may, by rule, approve a juvenile detention accommodation within a correctional facility that has acceptable sight and sound separation. (b) An accommodation described in Subsection (3)(a) shall be used only: (i) for short-term holding of a child who is alleged to have committed an act that would be a criminal offense if committed by an adult; and (ii) for a maximum confinement period of six hours. (c) A child may only be held in an accommodation described in Subsection (3)(a) for: (i) identification; (ii) notification of a juvenile court official; (iii) processing; and (iv) allowance of adequate time for evaluation of needs and circumstances regarding the release or transfer of the child to a shelter or detention facility. (d) This Subsection (3) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a). (4) (a) If a child is alleged to have committed an act that would be a criminal offense if committed by an adult, a law enforcement officer or agency may detain the child in a holding room in a local law enforcement agency facility for no longer than four hours: (i) for identification or interrogation; or (ii) while awaiting release to a parent or other responsible adult. (b) A holding room described in Subsection (4)(a) shall be certified by the department in accordance with the department's rules. (c) The department's rules shall include provisions for constant supervision and for sight and sound separation from adult inmates. (5) Willful failure to comply with this section is a class B misdemeanor. (6) (a) The division is responsible for the custody and detention of: (i) a child who requires detention before trial or examination, or is placed in secure detention after an adjudication under Section 80-6-704; and (ii) a juvenile offender under Subsection 80-6-806(7). (b) Subsection (6)(a) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a). (c) (i) The department shall provide standards for custody or detention under Subsections (2)(b), (3), and (4). (ii) The division shall determine and set standards for conditions of care and confinement of children in detention facilities. (d) (i) The division, or a public or private agency willing to undertake temporary custody or detention upon agreed terms in a contract with the division, shall provide all other custody or detention in suitable premises distinct and separate from the general jails, lockups, or cells used in law enforcement and corrections systems. (ii) This Subsection (6)(d) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a). (7) Except as otherwise provided by this chapter, if an individual who is, or appears to be, under 18 years old is received at a correctional facility, the sheriff, warden, or other official, in charge of the correctional facility shall: (a) immediately notify the juvenile court of the individual; and (b) make arrangements for the transfer of the individual to a detention facility, unless otherwise ordered by the juvenile court.7/1/2026 (1) Except as provided in Subsection (2) or this chapter, if a child is apprehended by a peace officer, or brought before a court for examination under state law, the child may not be confined: (a) in a jail, lockup, or cell used for an adult who is charged with a crime; or (b) in secure care. (2) (a) The division shall detain a child in accordance with Sections 80-6-502, 80-6-504, and 80-6-505 if: (i) the child is charged with an offense under Section 80-6-502 or 80-6-503; (ii) the district court has obtained jurisdiction over the offense because the child is bound over to the district court under Section 80-6-504; and (iii) the juvenile or district court orders the detention of the child. (b) (i) If a child is detained before a detention hearing, or a preliminary hearing under Section 80-6-504 if a criminal information is filed for the child under Section 80-6-503, the child may only be held in certified juvenile detention accommodations in accordance with rules made by the department. (ii) The department's rules shall include rules for acceptable sight and sound separation from adult inmates. (iii) The department shall certify that a correctional facility is in compliance with the department's rules. (iv) This Subsection (2)(b) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a). (3) (a) In an area of low density population, the department may, by rule, approve a juvenile detention accommodation within a correctional facility that has acceptable sight and sound separation. (b) An accommodation described in Subsection (3)(a) shall be used only: (i) for short-term holding of a child who is alleged to have committed an act that would be a criminal offense if committed by an adult; and (ii) for a maximum confinement period of six hours. (c) A child may only be held in an accommodation described in Subsection (3)(a) for: (i) identification; (ii) notification of a juvenile court official; (iii) processing; and (iv) allowance of adequate time for evaluation of needs and circumstances regarding the release or transfer of the child to a shelter or detention facility. (d) This Subsection (3) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a). (4) (a) If a child is alleged to have committed an act that would be a criminal offense if committed by an adult, a law enforcement officer or agency may detain the child in a holding room in a local law enforcement agency facility for no longer than four hours: (i) for identification or interrogation; or (ii) while awaiting release to a parent or other responsible adult. (b) A holding room described in Subsection (4)(a) shall be certified by the department in accordance with the department's rules. (c) The department's rules shall include provisions for constant supervision and for sight and sound separation from adult inmates. (5) Willful failure to comply with this section is a class B misdemeanor. (6) (a) The division is responsible for the custody and detention of: (i) a child who requires detention before trial or examination, or is placed in secure detention after an adjudication under Section 80-6-704; and (ii) a juvenile offender under Subsection 80-6-806(7). (b) Subsection (6)(a) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a). (c) (i) The department shall provide standards for custody or detention under Subsections (2)(b), (3), and (4). (ii) The division shall determine and set standards for conditions of care and confinement of children in detention facilities. (d) (i) The division, or a public or private agency willing to undertake temporary custody or detention upon agreed terms in a contract with the division, shall provide all other custody or detention in suitable premises distinct and separate from the general jails, lockups, or cells used in law enforcement and corrections systems. (ii) This Subsection (6)(d) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a). (7) Except as otherwise provided by this chapter, if an individual who is, or appears to be, under 18 years old is received at a correctional facility, the sheriff, warden, or other official, in charge of the correctional facility shall: (a) immediately notify the juvenile court of the individual; and (b) make arrangements for the transfer of the individual to a detention facility, unless otherwise ordered by the juvenile court.
Utah Code § 80-5-204 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-204
§ 80-5-204. Annual review of programs and facilities.
Status: in_force

(1) (a) The division shall: (i) annually review all programs and facilities that provide services to minors who have committed an offense, in this state or in any other state, which would constitute a felony or misdemeanor if committed by an adult; and (ii) license all programs and facilities under Subsection (1)(a)(i) that are in compliance with standards established by the division . (b) The division shall provide a written review to the manager of a program or facility under Subsection (1)(a). (c) A program or facility that is unable or unwilling to comply with the standards established by the division may not be licensed. (2) Any private facility or program providing services under this chapter that willfully fails to comply with the standards established by the division is guilty of a class B misdemeanor.
Utah Code § 80-2-609 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-609
§ 80-2-609. Failure to report -- Threats and intimidation -- Penalty.
Status: in_force

(1) If the division has substantial grounds to believe that a person knowingly failed to report under Section 80-2-602 or 80-2-603, the division shall file a complaint with: (a) the Division of Professional Licensing if the person is a health care provider, as defined in Subsection 80-2-603(1)(a)(i), or a mental health therapist, as defined in Section 58-60-102; (b) the appropriate law enforcement agency if the person is a law enforcement officer, as defined in Section 53-13-103; or (c) the State Board of Education if the person is an educator, as defined in Section 53E-6-102. (2) The division shall: (a) provide the information deemed necessary for action on the complaint by the entities listed in Subsection (1); and (b) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying the information the division shall provide under Subsection (1). (3) (a) A person is guilty of a class B misdemeanor if the person willfully fails to report under Section 80-2-602 or 80-2-603. (b) If a person is convicted under Subsection (3)(a), the court may order the person, in addition to any other sentence the court imposes, to: (i) complete community service hours; or (ii) complete a program on preventing abuse and neglect of children. (c) In determining whether it would be appropriate to charge a person with a violation of Subsection (3)(a), the prosecuting attorney shall take into account whether a reasonable person would not have reported suspected abuse or neglect of a child because reporting would have placed the person in immediate danger of death or serious bodily injury. (d) Notwithstanding any contrary provision of law, a prosecuting attorney may not use a person's violation of Subsection (3)(a) as the basis for charging the person with another offense. (e) A prosecution for failure to report under Subsection (3)(a) shall be commenced within two years after the day on which the person had knowledge of the suspected abuse or neglect or the circumstances described in Subsection 80-2-603(2) and willfully failed to report. (4) Under circumstances not amounting to a violation of Section 76-8-508, a person is guilty of a class B misdemeanor if the person threatens, intimidates, or attempts to intimidate a child who is the subject of the report under Section 80-2-602 or 80-2-603, the person who made the report, a witness, or any other person cooperating with an investigation conducted in accordance with this chapter or Chapter 2a, Removal and Protective Custody of a Child.
Utah Code § 80-6-103 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-103
§ 80-6-103. Notification to a school -- Civil and criminal liability.
Status: in_force

(1) As used in this section: (a) "School" means a school in a local education agency. (b) "Local education agency" means a school district, a charter school, or the Utah Schools for the Deaf and the Blind. (c) "School official" means the superintendent of a school district or the director of a charter school or designee in which the minor resides or attends school. (d) "Serious offense" means: (i) a violent felony as defined in Section 76-3-203.5; (ii) an offense that is a violation of an offense under Title 76, Chapter 6, Part 4, Theft, and the property stolen is a firearm; or (iii) an offense that is a violation of an offense under Title 76, Chapter 11, Weapons. (e) "Transferee school official" means the superintendent of a school district or the director of a charter school or designee in which the minor resides or attends school if the minor is admitted to home detention. (2) A notification under this section is provided for a minor's supervision and student safety. (3) (a) If a minor is taken into temporary custody under Section 80-6-201 for a serious offense, the peace officer, or other person who has taken the minor into temporary custody, shall notify a school official within five days after the day on which the minor is taken into temporary custody. (b) A notification under this Subsection (3) shall only disclose: (i) the name of the minor; (ii) the offense for which the minor was taken into temporary custody or admitted to detention; and (iii) if available, the name of the victim if the victim resides in the same school district as the minor or attends the same school as the minor. (4) After a detention hearing for a minor who is alleged to have committed a serious offense, the juvenile court shall order a juvenile probation officer to notify a school official, or a transferee school official, and the appropriate local law enforcement agency of the juvenile court's decision, including any disposition, order, or no-contact order, and the issuance of any order for the minors release from temporary custody. (5) If a designated staff member of a detention facility admits a minor to home detention under Section 80-6-205 and notifies the juvenile court of that admission, the juvenile court shall order a juvenile probation officer to notify a school official, or a transferee school official, and the appropriate local law enforcement agency that the minor has been admitted to home detention. (6) (a) If the juvenile court adjudicates a minor for a serious offense, the juvenile court shall order a juvenile probation officer to notify a school official, or a transferee school official, of the adjudication. (b) A notification under this Subsection (6) shall be given to a school official, or a transferee school official, within three days after the day on which the minor is adjudicated. (c) A notification under this section shall include: (i) the name of the minor; (ii) the offense for which the minor was adjudicated; and (iii) if available, the name of the victim if the victim: (A) resides in the same school district as the minor; or (B) attends the same school as the minor. (7) If the juvenile court orders formal probation under Section 80-6-702, the juvenile court shall order a juvenile probation officer to notify the appropriate local law enforcement agency and the school official of the juvenile court's order for formal probation. (8) (a) An employee of the local law enforcement agency, or the school the minor attends, who discloses a notification under this section is not: (i) civilly liable except when the disclosure constitutes fraud or willful misconduct as provided in Section 63G-7-202; and (ii) civilly or criminally liable except when the disclosure constitutes a knowing violation of Section 63G-2-801. (b) An employee of a governmental agency is immune from any criminal liability for failing to provide the information required by this section, unless the employee fails to act due to malice, gross negligence, or deliberate indifference to the consequences. (9) (a) A notification under this section shall be classified as a protected record under Section 63G-2-305. (b) All other records of disclosures under this section are governed by Title 63G, Chapter 2, Government Records Access and Management Act, and the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
Utah Code § 80-6-505 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-505
§ 80-6-505. Criminal proceedings for a minor bound over to district court.
Status: in_force

(1) If the juvenile court binds a minor over to the district court in accordance with Section 80-6-504 , the prosecuting attorney shall try the minor as if the minor is an adult in the district court except: (a) the minor is not subject to a sentence of death in accordance with Subsection 76-3-206(2)(b); and (b) the minor is not subject to a sentence of life without parole in accordance with Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209. (2) A minor who is bound over to the district court to answer as an adult is not entitled to a preliminary hearing in the district court. (3) If a minor is bound over to the district court and detained in a detention facility, the district court may order the minor be detained in another place of confinement that is considered appropriate by the district court, including a jail or other place of pretrial confinement for adults if the minor's conduct or condition endangers the safety and welfare of others in the detention facility.
Utah Code § 80-3-408 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-408
§ 80-3-408. Periodic review hearings -- Dispositional reports.
Status: in_force

(1) At least every six months, the division or the juvenile court shall conduct a periodic review of the status of each minor in the custody of the division, until the juvenile court terminates the division's custody of the minor. (2) (a) The juvenile court or the division shall conduct the review described in Subsection (1) in accordance with the requirements of the case review system described in 42 U.S.C. Section 675. (b) If a review described in Subsection (1) is conducted by the division, the division shall: (i) conduct the review in accordance with the administrative review requirements of 42 U.S.C. Section 675; and (ii) to the extent practicable, involve volunteer citizens in the administrative review process. (3) (a) Within 30 days after the day on which a review described in Subsection (1) that is conducted by the division is completed, the division shall: (i) submit a copy of the division's dispositional report to the juvenile court to be made a part of the juvenile court's legal file; and (ii) provide a copy of the dispositional report to each party in the case to which the review relates. (b) The juvenile court shall receive and review each dispositional report submitted under Subsection (3)(a)(i) in the same manner as the juvenile court receives and reviews a report described in Section 80-6-307. (c) If a report submitted under Subsection (3)(a)(i) is determined to be an ex parte communication with a judge, the report is considered a communication authorized by law.
Utah Code § 80-6-201 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-201
§ 80-6-201. Minor taken into temporary custody by peace officer, private individual, or probation officer -- Grounds -- Protective custody.
Status: in_force

(1) A minor may be taken into temporary custody by a peace officer without a court order, or a warrant under Section 80-6-202, if the peace officer has probable cause to believe that: (a) the minor has committed an offense under municipal, state, or federal law; (b) the minor seriously endangers the minor's own welfare or the welfare of others and taking the minor into temporary custody appears to be necessary for the protection of the minor or others; (c) the minor has run away or escaped from the minor's parents, guardian, or custodian; or (d) the minor is: (i) subject to the state's compulsory education law; and (ii) subject to Sections 53G-6-208 and 53G-8-211, absent from school without legitimate or valid excuse. (2) A private individual may take a minor into temporary custody if under the circumstances the private individual would be lawfully able to effect a temporary detention under Section 77-7-3 if the minor was an adult. (3) A juvenile probation officer may take a minor into temporary custody: (a) under the same circumstances as a peace officer in Subsection (1); or (b) if the juvenile probation officer has a reasonable suspicion that the minor has violated the conditions of the minor's probation. (4) (a) Nothing in this part shall be construed to prevent a peace officer or the Division of Child and Family Services from taking a minor into protective custody under Section 80-2a-202 or 80-3-204. (b) If a peace officer or the Division of Child and Family Services takes a minor into protective custody, the provisions of Chapter 2, Child Welfare Services, Chapter 2a, Removal and Protective Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings shall govern.
Utah Code § 80-2-909 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-909
§ 80-2-909. Existing authority for child placement continues.
Status: in_force

Any person who, under any law of this state other than this part or the Interstate Compact on the Placement of Children established under Section 80-2-905, has authority to make or assist in making the placement of a child, shall continue to have the ability lawfully to make or assist in making that placement, and the provisions of Sections 26B-2-127, 26B-2-131, 26B-2-132, and 26B-2-708, Subsections 80-2-802(3)(a) and (4) and 80-2-803(1), (2), and (5) through (7), and Title 81, Chapter 13, Adoption, continue to apply.
Utah Code § 80-4-103 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-103
§ 80-4-103. Nature of the proceedings -- Rules of procedure -- Burden of proof.
Status: in_force

(1) The proceedings under this chapter are civil in nature and are governed by the Utah Rules of Civil Procedure and the Utah Rules of Juvenile Procedure. (2) The juvenile court shall: (a) in all cases filed under this chapter require the petitioner to establish the facts by clear and convincing evidence; (b) give full and careful consideration to all of the evidence presented with regard to the constitutional rights and claims of the parent; and (c) if a parent is found, by reason of the parent's conduct or condition, to be unfit or incompetent based upon any of the grounds for termination described in this chapter, consider the welfare and best interest of the child of paramount importance in determining whether to terminate parental rights.
Utah Code § 80-6-403 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-403
§ 80-6-403. Disposition on finding of not competent to proceed -- Subsequent hearings -- Notice to prosecuting attorneys.
Status: in_force

(1) If the juvenile court determines that the minor is not competent to proceed, and there is a substantial likelihood that the minor may attain competency in the foreseeable future, the juvenile court shall notify the department of the finding and allow the department 30 days to develop an attainment plan for the minor. (2) The attainment plan shall include: (a) any services or treatment the minor has been or is currently receiving that are necessary to attain competency; (b) any additional services or treatment the minor may require to attain competency; (c) an assessment of the parent, custodian, or guardian's ability to access or provide any recommended treatment or services; (d) any special conditions or supervision that may be necessary for the safety of the minor or others during the attainment period; and (e) the likelihood that the minor will attain competency and the amount of time likely required for the minor to attain competency. (3) The department shall provide the attainment plan to the juvenile court, the prosecuting attorney, the defense attorney, and the attorney guardian ad litem at least three days before the competency disposition hearing. (4) (a) During the attainment period, the minor shall remain in the least restrictive appropriate setting. (b) A finding of not competent to proceed does not grant authority for a juvenile court to place a minor in the custody of a division of the department, or create eligibility for services from the Division of Services for People With Disabilities. (c) If the juvenile court orders the minor to be held in detention during the attainment period, the juvenile court shall make the following findings on the record: (i) the placement is the least restrictive appropriate setting; (ii) the placement is in the best interest of the minor; (iii) the minor will have access to the services and treatment required by the attainment plan in the placement; and (iv) the placement is necessary for the safety of the minor or others. (d) A juvenile court shall terminate an order of detention related to the pending proceeding for a minor who is not competent to proceed in that matter if: (i) the most severe allegation against the minor if committed by an adult is a class B misdemeanor; (ii) more than 60 days have passed after the day on which the juvenile court adjudicated the minor not competent to proceed; and (iii) the minor has not attained competency. (5) (a) At any time that the minor becomes competent to proceed during the attainment period, the department shall notify the juvenile court, the prosecuting attorney, the defense attorney, and the attorney guardian ad litem. (b) The juvenile court shall hold a hearing with 15 business days of notice from the department described in Subsection (5)(a). (6) (a) If at any time during the attainment period the juvenile court finds that there is not a substantial probability that the minor will attain competency in the foreseeable future, the juvenile court shall terminate the competency proceeding, dismiss the petition or information without prejudice, and release the minor from any custody order related to the pending proceeding, unless the prosecuting attorney or any other individual informs the juvenile court that commitment proceedings will be initiated in accordance with: (i) Title 26B, Chapter 6, Part 6, Admission to an Intermediate Care Facility for People with an Intellectual Disability; (ii) if the minor is 18 years old or older, Title 26B, Chapter 5, Part 3, Utah State Hospital and Other Mental Health Facilities; or (iii) if the minor is a child, Title 26B, Chapter 5, Part 4, Commitment of Persons Under Age 18. (b) The prosecuting attorney shall initiate the proceedings described in Subsection (6)(a) within seven days after the juvenile court's order, unless the juvenile court enlarges the time for good cause shown. (7) During the attainment period, the juvenile court may order a hearing or rehearing at anytime on the juvenile court's own motion or upon recommendation of any interested party or the department. (8) (a) Within three months of the juvenile court's approval of the attainment plan, the department shall provide a report on the minor's progress towards competence. (b) The report described in Subsection (8)(a) shall address the minor's: (i) compliance with the attainment plan; (ii) progress towards competency based on the issues identified in the original competency evaluation; and (iii) current mental illness, intellectual disability or related condition, or developmental immaturity, and need for treatment, if any, and whether there is substantial likelihood of the minor attaining competency within six months. (9) (a) Within 30 days of receipt of the report, the juvenile court shall hold a hearing to determine the minor's current status. (b) At the hearing, the burden of proving the minor is competent is on the proponent of competency. (c) The juvenile court shall determine by a preponderance of the evidence whether the minor is competent to proceed. (10) If the minor has not attained competency after the initial three month attainment period but is showing reasonable progress towards attainment of competency, the juvenile court may extend the attainment period up to an additional three months. (11) The department shall provide an updated juvenile competency evaluation at the conclusion of the extended attainment period under Subsection (10) to advise the juvenile court on the minor's current competency status. (12) If the minor does not attain competency within six months after the juvenile court initially finds the minor not competent to proceed, the court shall terminate the competency proceedings and dismiss the petition or information filed without prejudice, unless good cause is shown that there is a substantial likelihood the minor will attain competency within one year from the initial finding of not competent to proceed. (13) In the event a minor has an unauthorized leave lasting more than 24 hours, the attainment period shall toll until the minor returns. (14) (a) Regardless of whether a minor consents to attainment, any statement made by the minor in the course of attainment, any testimony by the forensic evaluator based upon any statement made by the minor in the course of attainment, and any other fruits of a statement made by the minor in the course of attainment: (i) may not be admitted in evidence against the minor in a proceeding under this chapter, except the statement may be admitted on an issue respecting the mental condition on which the minor has introduced evidence; and (ii) may be admitted where relevant to a determination of the minor's competency. (b) Before evaluating the minor during the attainment period, a forensic evaluator shall specifically advise the minor, and the minor's parent or guardian if reasonably available, of the limits of confidentiality provided in Subsection (14)(a).
Utah Code § 80-2-1103 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-1103
§ 80-2-1103. Annual review of child welfare referrals and cases by department -- Review by legislative auditor general -- Reports.
Status: in_force

(1) The division shall use principles of quality management systems, including statistical measures of processes of service, and the routine reporting of performance data to employees. (2) (a) The department shall: (i) develop quantifiable outcome measures and performance measures in accordance with Section 80-2-1102; and (ii) annually review a randomly selected sample of child welfare referrals to and cases handled by the division. (b) In conducting the review described in Subsection (2)(a)(ii), the department shall: (i) assess whether the division is adequately protecting children and providing appropriate services to families, in accordance with this chapter, Chapter 2a, Removal and Protective Custody of a Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination and Restoration of Parental Rights; and (ii) focus directly on the outcome of cases to children and families, and not simply on procedural compliance with specified criteria. (c) The department shall report on the review described in Subsection (2)(a) to the legislative auditor general and the Child Welfare Legislative Oversight Panel. (d) Information obtained as a result of the review described in Subsection (2)(a) shall be provided to child welfare caseworkers, supervisors, and division personnel involved in the respective cases, for purposes of education, training, and performance evaluation. (3) The review and report to the legislative auditor general and the Child Welfare Legislative Oversight Panel under Subsection (2) shall include: (a) the criteria used by the department in making the evaluation; (b) findings regarding whether state statutes, division rule, legislative policy, and division policy were followed in each sample case; (c) findings regarding whether, in each sample case, referrals, removals, or cases were appropriately handled by the division and the division's employees, and whether children were adequately and appropriately protected and appropriate services provided to families, in accordance with the provisions of this chapter, Chapter 2a, Removal and Protective Custody of a Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, Chapter 4, Termination and Restoration of Parental Rights, and division rule; (d) an assessment of the division's intake procedures and decisions, including an assessment of the appropriateness of decisions not to accept referrals; and (e) an assessment of the appropriateness of the division's assignment of priority. (4) (a) In addition to the review under Subsection (2), the legislative auditor general shall audit, subject to the prioritization of the Legislative Audit Subcommittee, a sample of child welfare referrals to and cases handled by the division and report the findings to the Child Welfare Legislative Oversight Panel. (b) An audit under Subsection (4)(a) may be initiated by: (i) the Audit Subcommittee of the Legislative Management Committee; (ii) the Child Welfare Legislative Oversight Panel; or (iii) the legislative auditor general, based on the results of the executive director's review under Subsection (2). (c) With regard to the sample of referrals, removals, and cases, the Legislative Auditor General's report may include: (i) findings regarding whether state statutes, division rule, legislative policy, and division policy were followed by the division and the division's employees; (ii) a determination regarding whether referrals, removals, and cases were appropriately handled by the division and the division's employees, and whether children were adequately and appropriately protected and appropriate services provided for families, in accordance with the provisions of this chapter, Chapter 2a, Removal and Protective Custody of a Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, Chapter 4, Termination and Restoration of Parental Rights, and division rule; (iii) an assessment of the division's intake procedures and decisions, including an assessment of the appropriateness of decisions not to accept referrals; (iv) an assessment of the appropriateness of the division's assignment of priority; (v) a determination regarding whether the department's review process is effecting beneficial change within the division and accomplishing the mission established by the Legislature and the department for that review process; and (vi) findings regarding any other issues identified by the auditor or others under this Subsection (4).
Utah Code § 80-3-405 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-405
§ 80-3-405. Dispositions after adjudication.
Status: in_force

(1) Upon adjudication under Subsection 80-3-402(1), the juvenile court may make the dispositions described in Subsection (2) at the dispositional hearing. (2) (a) (i) The juvenile court may vest custody of an abused, neglected, or dependent minor in the division or any other appropriate person, with or without court-specified child welfare services, in accordance with the requirements and procedures of this chapter. (ii) When placing a minor in the custody of the division or any other appropriate person, the juvenile court: (A) shall give primary consideration to the welfare of the minor; (B) shall give due consideration to the rights of the parent or parents concerning the minor; and (C) when practicable, may take into consideration the religious preferences of the minor and of the minor's parents or guardian. (b) (i) The juvenile court may appoint a guardian for the minor if it appears necessary in the interest of the minor. (ii) A guardian appointed under Subsection (2)(b)(i) may be a public or private institution or agency, but not a nonsecure residential placement provider, in which legal custody of the minor is vested. (iii) When placing a minor under the guardianship of an individual or of a private agency or institution, the juvenile court: (A) shall give primary consideration to the welfare of the minor; and (B) when practicable, may take into consideration the religious preferences of the minor and of the minor's parents or guardian. (c) The juvenile court may order: (i) protective supervision; (ii) family preservation; (iii) sibling visitation; or (iv) other services. (d) (i) If a minor has been placed with an individual or relative as a result of an adjudication under this chapter, the juvenile court may enter an order of permanent legal custody and guardianship with the individual or relative of the minor. (ii) If a juvenile court enters an order of permanent custody and guardianship with an individual or relative of a minor under Subsection (2)(d)(i), the juvenile court may, in accordance with Section 78A-6-356, enter an order for child support on behalf of the minor against the parents of the minor. (iii) An order under this Subsection (2)(d): (A) shall remain in effect until the minor is 18 years old; (B) is not subject to review under Section 78A-6-358; and (C) may be modified by petition or motion as provided in Section 78A-6-357. (iv) If the district court has a pending case concerning questions of custody, support, or parent-time, and if the juvenile court grants an order of permanent custody and guardianship with one of the child's parents under this Subsection (2)(d), the juvenile court shall order one of the child's parents to file the order of permanent custody and guardianship with the district court within a reasonable time. (e) The juvenile court may order a child be committed to the physical custody, as defined in Section 26B-5-401, of a local mental health authority, in accordance with the procedures and requirements of Title 26B, Chapter 5, Part 4, Commitment of Persons Under Age 18. (f) (i) If the child has an intellectual disability, the juvenile court may make an order committing a minor to the Utah State Developmental Center in accordance with Title 26B, Chapter 6, Part 6, Admission to an Intermediate Care Facility for People with an Intellectual Disability. (ii) The juvenile court shall follow the procedure applicable in the district court with respect to judicial commitments to the Utah State Developmental Center when ordering a commitment under Subsection (2)(f)(i). (g) (i) Subject to Subsection 80-1-102(58)(b) and Section 80-3-304, the juvenile court may order that a minor: (A) be examined or treated by a mental health therapist, as described in Section 80-3-109; or (B) receive other special care. (ii) For purposes of receiving the examination, treatment, or care described in Subsection (2)(g)(i), the juvenile court may place the minor in a hospital or other suitable facility that is not secure care or secure detention. (iii) In determining whether to order the examination, treatment, or care described in Subsection (2)(g)(i), the juvenile court shall consider: (A) the desires of the minor; (B) the desires of the parent or guardian of the minor if the minor is younger than 18 years old; and (C) whether the potential benefits of the examination, treatment, or care outweigh the potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain function impairment, or emotional or physical harm resulting from the compulsory nature of the examination, treatment, or care. (h) The juvenile court may make other reasonable orders for the best interest of the minor. (3) (a) At the dispositional hearing described in Subsection 80-3-402(3), if a child remains in an out-of-home placement, the juvenile court shall: (i) make specific findings regarding the conditions of parent-time that are in the child's best interest; and (ii) if parent-time is denied, state the facts that justify the denial. (b) Parent-time shall be under the least restrictive conditions necessary to: (i) protect the physical safety of the child; or (ii) prevent the child from being traumatized by contact with the parent due to the child's fear of the parent in light of the nature of the alleged abuse or neglect. (c) (i) The division or the person designated by the division or a court to supervise a parent-time session may deny parent-time for the session if the division or the supervising person determines that, based on the parent's condition, it is necessary to deny parent-time to: (A) protect the physical safety of the child; (B) protect the life of the child; or (C) consistent with Subsection (3)(c)(ii), prevent the child from being traumatized by contact with the parent. (ii) In determining whether the condition of the parent described in Subsection (3)(c)(i) will traumatize a child, the division or the person supervising the parent-time session shall consider the impact that the parent's condition will have on the child in light of: (A) the child's fear of the parent; and (B) the nature of the alleged abuse or neglect. (4) Upon an adjudication under this chapter, the juvenile court may not: (a) commit a minor solely on the ground of abuse, neglect, or dependency to the Division of Juvenile Justice and Youth Services; (b) assume the function of developing foster home services; or (c) vest legal custody of an abused, neglected, or dependent minor in the division to primarily address the minor's ungovernable or other behavior, mental health, or disability, unless the division: (i) engages other relevant divisions within the department that are conducting an assessment of the minor and the minor's family's needs; (ii) based on the assessment described in Subsection (4)(c)(i), determines that vesting custody of the minor in the division is the least restrictive intervention for the minor that meets the minor's needs; and (iii) consents to legal custody of the minor being vested in the division. (5) The juvenile court may combine the dispositions listed in Subsection (2) if combining the dispositions is permissible and the dispositions are compatible. (6) (a) If, for a relative placement, an interstate placement requested under the Interstate Compact on the Placement of Children has been initiated by the division or is ordered by or pending before the juvenile court, the court may not finalize a non-relative placement unless the court gives due weight to: (i) the preferential consideration granted to a relative in Section 80-3-302; (ii) the rebuttable presumption in Section 80-3-302; and (iii) the division's placement authority under Subsections 80-1-102(51) and 80-3-303(1). (b) Nothing in this section affects the ability of a foster parent to petition the juvenile court under Subsection 80-3-502(3).
Utah Code § 80-6-506 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-506
§ 80-6-506. Appeals from bind over proceedings.
Status: in_force

(1) A minor may, as a matter of right, appeal from an order of the juvenile court binding the minor over to the district court under Section 80-6-504 . (2) The prosecuting attorney may, as a matter of right, appeal an order of the juvenile court that a minor charged in accordance with Section 80-6-503 will be adjudicated in the juvenile court.
Utah Code § 80-3-109 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-109
§ 80-3-109. Physical or mental health examination during proceedings -- Division duties.
Status: in_force

(1) In a proceeding under this chapter, the juvenile court: (a) may appoint any mental health therapist, as defined in Section 58-60-102, who the juvenile court finds to be qualified to: (i) evaluate the mental health of a minor or provide mental health services to the minor; or (ii) after notice and a hearing set for the specific purpose, evaluate the mental health of the minor's parent or guardian or provide mental health services to the parent or guardian if the juvenile court finds from the evidence presented at the hearing that the parent's or guardian's mental or emotional condition may be a factor in causing the abuse, neglect, or dependency of the minor; or (b) may appoint a physician, or a physician assistant, who the juvenile court finds to be qualified to: (i) physically examine the minor; or (ii) after notice and a hearing set for the specific purpose, physically examine the minor's parent or guardian if the juvenile court finds from the evidence presented at the hearing that the parent's or guardian's physical condition may be a factor in causing the abuse, neglect, or dependency of the minor. (2) The juvenile court may not refuse to appoint a mental health therapist under Subsection (1) for the reason that the therapist's recommendations in another case did not follow the recommendations of the division. (3) The division shall, with regard to a minor in the division's custody: (a) take reasonable measures to notify a minor's parent or guardian of any non-emergency health treatment or care scheduled for a minor; (b) include the minor's parent or guardian as fully as possible in making health care decisions for the minor; (c) defer to the minor's parent's or guardian's reasonable and informed decisions regarding the minor's health care to the extent that the minor's health and well-being are not unreasonably compromised by the parent's or guardian's decision; and (d) notify the minor's parent or guardian within five business days after the day on which the minor receives emergency health care or treatment. (4) An examination conducted in accordance with Subsection (1) is not a privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general rule of privilege. (5) Subsection (1) applies to a proceeding under this chapter involving: (a) parents and minors; or (b) the division.
Utah Code § 80-3-201 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-201
§ 80-3-201. Petition -- Who may file -- Timing -- Dismissal -- Notice.
Status: in_force

(1) Subject to Subsection (2), any interested person may file an abuse, neglect, or dependency petition. (2) A person described in Subsection (1) shall make a referral with the division before the person files an abuse, neglect, or dependency petition. (3) If a child who is the subject of an abuse, neglect, or dependency petition is removed from the child's home by the division, the petition shall be filed on or before the day on which the initial shelter hearing described in Section 80-3-301 is held. (4) An abuse, neglect, or dependency petition shall include: (a) a concise statement of facts, separately stated, to support the conclusion that the child upon whose behalf the abuse, neglect, or dependency petition is brought is abused, neglected, or dependent; and (b) a statement regarding whether the child is in protective custody, and if so, the date and precise time the child was taken into protective custody. (5) (a) Upon the filing of an abuse, neglect, or dependency petition, the petitioner shall serve the petition and notice on: (i) the guardian ad litem; (ii) both parents and any guardian of the child; and (iii) the child's foster parents. (b) The notice described in Subsection (5) shall contain all of the following: (i) the name and address of the person to whom the notice is directed; (ii) the date, time, and place of the hearing on the petition; (iii) the name of the child on whose behalf the petition is brought; (iv) a statement that the parent or guardian to whom notice is given, and the child, are entitled to have an attorney present at the hearing on the petition, and that if the parent or guardian is indigent and cannot afford an attorney, and desires to be represented by an attorney, one will be provided; and (v) a statement that the parent or guardian is liable for the cost of support of the child in the protective custody, temporary custody, and custody of the division, and for legal counsel appointed for the parent or guardian under Subsection (5)(b)(iv), according to the parent's or guardian's financial ability. (6) The petitioner shall serve the abuse, neglect, or dependency petition and notice under this section on all individuals described in Subsection (5)(a) as soon as possible after the petition is filed and at least five days before the day on which the hearing is set. (7) The juvenile court may dismiss an abuse, neglect, or dependency petition at any stage of the proceedings. (8) If an abuse, neglect, or dependency petition includes an allegation of educational neglect, Sections 53G-6-210 and 53G-6-211 are applicable to the proceedings under this chapter.
Utah Code § 80-8-101 — Utah Code / Title 80 / Chapter 80-8 / § 80-8-101
§ 80-8-101. Definitions.
Status: in_force

As used in this chapter: (1) "Child" means an individual under 18 years old. (2) "Registered sex offender check" means a search of: (a) the registry described in Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry; and (b) the National Sex Offender Public Website administered by the United States Department of Justice. (3) "Sexual abuse" means the same as that term is defined in Section 78B-2-308. (4) (a) "Youth services organization" means a sports league, athletic association, church or religious organization, scouting organization, or similar formally organized association, league, or organization, that provides recreational, educational, cultural, or social programs or activities to 25 or more children. (b) "Youth services organization" does not include any person that is required to conduct a background check on employees or volunteers under any other provision of state or federal law. (5) "Youth worker" means an individual: (a) who is 18 years old or older; (b) who is employed by or volunteers with a youth services organization; and (c) whose responsibilities as an employee or volunteer with the youth services organization give the individual regular and repeated care, supervision, guidance, or control of a child or children.
Utah Code § 80-2-303 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-303
§ 80-2-303. Division enforcement authority -- Attorney general responsibilities.
Status: in_force

(1) The division shall take legal action that is necessary to enforce this chapter and Chapter 2a, Removal and Protective Custody of a Child. (2) (a) Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in civil enforcement actions, the attorney general shall enforce this chapter, Chapter 2a, Removal and Protective Custody of a Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination and Restoration of Parental Rights, relating to protection or custody of an abused, neglected, or dependent minor and the termination of parental rights. (b) The attorney general may contract with the local county attorney to enforce this chapter, Chapter 2a, Removal and Protective Custody of a Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination and Restoration of Parental Rights. (c) It is the responsibility of the attorney general's office to: (i) advise the division regarding decisions to remove a minor from the minor's home; (ii) represent the division in all court and administrative proceedings related to abuse, neglect, or dependency including, but not limited to, shelter hearings, dispositional hearings, dispositional review hearings, periodic review hearings, and petitions for termination of parental rights; and (iii) be available to and advise child welfare caseworkers on an ongoing basis. (d) (i) The attorney general shall designate no less than 16 full-time attorneys to advise and represent the division in abuse, neglect, and dependency proceedings, including petitions for termination of parental rights. (ii) The attorneys described in Subsection (2)(d)(i) shall devote full time and attention to the representation described in Subsection (2)(d)(i) and, insofar as it is practicable, be housed in or near various offices of the division statewide. (3) The attorney general's office shall represent the division in an action: (a) involving a minor who has not been adjudicated as abused or neglected, but who is placed in the custody of the division by the juvenile court primarily on the basis of delinquent behavior or a status offense; or (b) for reimbursement of funds from a parent or guardian under Subsection 80-2-301(2)(l). (c) This section does not affect the responsibility of the county attorney or district attorney to represent the state in the matters described in Subsection (3)(a).
Utah Code § 80-6-401 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-401
§ 80-6-401. Definitions -- Competency to proceed.
Status: in_force

(1) As used in this part: (a) "Competency" or "competent to proceed" means that a minor has: (i) a present ability to consult with counsel with a reasonable degree of rational understanding; and (ii) a rational as well as factual understanding of the proceedings. (b) "Competency evaluation" means an evaluation conducted by a forensic evaluator to determine if a minor is competent to stand for trial or adjudication for pending charges. (c) "Forensic evaluator" means the same as that term is defined in Section 77-15-2. (d) "Not competent to proceed" means an individual is not competent to stand for trial or adjudication for pending charges. (2) If a petition is filed under Section 80-6-305, or a criminal information is filed under Section 80-6-503, in the juvenile court , a written motion may be filed alleging reasonable grounds to believe the minor is not competent to proceed. (3) The written motion shall contain: (a) a certificate that it is filed in good faith and on reasonable grounds to believe the minor is not competent to proceed due to: (i) a mental illness; (ii) an intellectual disability or a related condition; or (iii) developmental immaturity; (b) a recital of the facts, observations, and conversations with the minor that have formed the basis for the motion; and (c) if filed by defense counsel, the motion shall contain information that can be revealed without invading the lawyer-client privilege. (4) The motion may be: (a) based upon knowledge or information and belief; and (b) filed by: (i) the minor alleged not competent to proceed; (ii) any person acting on the minor's behalf; (iii) the prosecuting attorney; (iv) the attorney guardian ad litem; or (v) any person having custody or supervision over the minor. (5) (a) The juvenile court may raise the issue of a minor's competency at any time. (b) If raised by the juvenile court, counsel for each party shall be permitted to address the issue of competency. (c) The juvenile court shall state the basis for the finding that there are reasonable grounds to believe the minor is not competent to proceed.
Utah Code § 80-5-601 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-601
§ 80-5-601. Harboring a runaway -- Reporting requirements -- Division of Child and Family Services to provide assistance -- Affirmative defense -- Providing shelter after notice.
Status: in_force

(1) As used in this section, "harbor" means to provide shelter in: (a) the home of the person who is providing shelter; or (b) any structure over which the person providing the shelter has any control. (2) Except as provided in Subsection (3), a person is guilty of a class B misdemeanor if the person: (a) knowingly and intentionally harbors a child; (b) knows at the time of harboring the child that the child is a runaway; (c) fails to notify one of the following, by telephone or other reasonable means, of the location of the child: (i) the parent or guardian of the child; (ii) the division; or (iii) a youth services center; and (d) fails to notify a person described in Subsection (2)(c) within eight hours after the later of: (i) the time that the person becomes aware that the child is a runaway; or (ii) the time that the person begins harboring the child. (3) A person described in Subsection (2) is not guilty of a violation of Subsection (2) and is not required to comply with Subsections (2)(c) and (d), if: (a) (i) a court order is issued authorizing a peace officer to take the child into custody; and (ii) the person notifies a peace officer, or the nearest detention facility, by telephone or other reasonable means, of the location of the child, within eight hours after the later of: (A) the time that the person becomes aware that the child is a runaway; or (B) the time that the person begins harboring the child; or (b) (i) the child is a runaway who consents to shelter, care, or licensed services under Section 80-5-602; and (ii) (A) the person is unable to locate the child's parent or guardian; or (B) the child refuses to disclose the contact information for the child's parent or guardian. (4) A person described in Subsection (2) shall provide a report to the division: (a) if the person has an obligation under Section 80-2-602 to report child abuse or neglect; or (b) if, within 48 hours after the person begins harboring the child: (i) the person continues to harbor the child; and (ii) the person does not make direct contact with: (A) a parent or guardian of the child; (B) the division; (C) a youth services center; or (D) a peace officer or the nearest detention facility if a court order is issued authorizing a peace officer to take the child into custody. (5) It is an affirmative defense to the crime described in Subsection (2) that: (a) the person failed to provide notice as described in Subsection (2) or (3) due to circumstances beyond the control of the person providing the shelter; and (b) the person provided the notice described in Subsection (2) or (3) as soon as it was reasonably practicable to provide the notice. (6) Upon receipt of a report that a runaway is being harbored by a person: (a) a youth services center shall: (i) notify the runaway's parent or guardian that a report has been made; and (ii) inform the runaway's parent or guardian of assistance available from the youth services center; or (b) the division shall: (i) make a referral to the Division of Child and Family Services to determine whether the runaway is abused, neglected, or dependent; and (ii) if appropriate, make a referral for services for the runaway. (7) (a) A parent or guardian of a runaway who is aware that the runaway is being harbored may notify a law enforcement agency and request assistance in retrieving the runaway. (b) The local law enforcement agency may assist the parent or guardian in retrieving the runaway. (8) Nothing in this section prohibits a person from continuing to provide shelter to a runaway, after giving the notice described in Subsections (2) through (4), if: (a) a parent or guardian of the runaway consents to the continued provision of shelter; or (b) a peace officer or a parent or guardian of the runaway fails to retrieve the runaway. (9) Nothing in this section prohibits a person from providing shelter to a child whose parent or guardian has intentionally: (a) ceased to maintain physical custody of the child; and (b) failed to make reasonable arrangements for the safety, care, and physical custody of the child. (10) Nothing in this section prohibits: (a) a juvenile receiving center or a youth services center from providing shelter to a runaway in accordance with the requirements of this chapter and the rules relating to a juvenile receiving center or a youth services center; or (b) a government agency from taking custody of a child as otherwise provided by law.
Utah Code § 80-5-201 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-201
§ 80-5-201. Division responsibilities.
Status: in_force

7/1/2026 (1) The division is responsible for all minors committed to the division by juvenile courts under Sections 80-6-703 and 80-6-705. (2) The division shall: (a) establish and administer a continuum of community, secure, and nonsecure programs for all minors committed to the division; (b) establish and maintain all detention and secure care facilities and set minimum standards for all detention and secure care facilities; (c) establish and operate prevention and early intervention youth services programs for nonadjudicated minors placed with the division; (d) establish observation and assessment programs necessary to serve minors in a nonresidential setting under Subsection 80-6-706(1); (e) place minors committed to the division under Section 80-6-703 in the most appropriate program for supervision and treatment; (f) employ staff necessary to: (i) supervise and control minors committed to the division for secure care or placement in the community; (ii) supervise and coordinate treatment of minors committed to the division for placement in community-based programs; and (iii) control and supervise adjudicated and nonadjudicated minors placed with the division for temporary services in juvenile receiving centers, youth services, and other programs established by the division; (g) control or detain a minor committed to the division, or in the temporary custody of the division, in a manner that is consistent with public safety and rules made by the division; (h) establish and operate work programs for minors committed to the division by the juvenile court that: (i) are not residential; (ii) provide labor to help in the operation, repair, and maintenance of public facilities, parks, highways, and other programs designated by the division; (iii) provide educational and prevocational programs in cooperation with the State Board of Education for minors placed in the program; and (iv) provide counseling to minors; (i) establish minimum standards for the operation of all private residential and nonresidential rehabilitation facilities that provide services to minors who have committed an offense in this state or in any other state; (j) provide regular training for secure care staff, detention staff, case management staff, and staff of the community-based programs; (k) designate employees to obtain the saliva DNA specimens required under Section 53-10-403; (l) ensure that the designated employees receive appropriate training and that the specimens are obtained in accordance with accepted protocol; (m) register an individual with the Department of Public Safety who: (i) is adjudicated for an offense that would result in the individual being a child abuse offender under Subsection 53-29-202(2)(a) or a sex offender under Subsection 53-29-202(2)(b); (ii) is committed to the division for secure care; and (iii) (A) if the individual is a youth offender, remains in the division's custody 30 days before the individual's 21st birthday; or (B) if the individual is a serious youth offender, remains in the division's custody 30 days before the individual's 25th birthday; and (n) ensure that a program delivered to a minor under this section is an evidence-based program in accordance with Section 75E-2-207. (3) (a) The division is authorized to employ special function officers, as defined in Section 53-13-105, to: (i) locate and apprehend minors who have absconded from division custody; (ii) transport minors taken into custody in accordance with division policy; (iii) investigate cases; and (iv) carry out other duties as assigned by the division. (b) A special function officer may be: (i) employed through a contract with the Department of Public Safety, or any law enforcement agency certified by the Peace Officer Standards and Training Division; or (ii) directly hired by the division. (4) In the event of an unauthorized leave from secure care, detention, a community-based program, a juvenile receiving center, a home, or any other designated placement of a minor, a division employee has the authority and duty to locate and apprehend the minor, or to initiate action with a local law enforcement agency for assistance. (5) The division may proceed with an initial medical screening or assessment of a child admitted to a detention facility to ensure the safety of the child and others in the detention facility if the division makes a good faith effort to obtain consent for the screening or assessment from the child's parent or guardian.7/1/2026 (1) The division is responsible for all minors committed to the division by juvenile courts under Sections 80-6-703 and 80-6-705. (2) The division shall: (a) establish and administer a continuum of community, secure, and nonsecure programs for all minors committed to the division; (b) establish and maintain all detention and secure care facilities and set minimum standards for all detention and secure care facilities; (c) establish and operate prevention and early intervention youth services programs for nonadjudicated minors placed with the division; (d) establish observation and assessment programs necessary to serve minors in a nonresidential setting under Subsection 80-6-706(1); (e) place minors committed to the division under Section 80-6-703 in the most appropriate program for supervision and treatment; (f) employ staff necessary to: (i) supervise and control minors committed to the division for secure care or placement in the community; (ii) supervise and coordinate treatment of minors committed to the division for placement in community-based programs; and (iii) control and supervise adjudicated and nonadjudicated minors placed with the division for temporary services in juvenile receiving centers, youth services, and other programs established by the division; (g) control or detain a minor committed to the division, or in the temporary custody of the division, in a manner that is consistent with public safety and rules made by the division; (h) establish and operate work programs for minors committed to the division by the juvenile court that: (i) are not residential; (ii) provide labor to help in the operation, repair, and maintenance of public facilities, parks, highways, and other programs designated by the division; (iii) provide educational and prevocational programs in cooperation with the State Board of Education for minors placed in the program; and (iv) provide counseling to minors; (i) establish minimum standards for the operation of all private residential and nonresidential rehabilitation facilities that provide services to minors who have committed an offense in this state or in any other state; (j) provide regular training for secure care staff, detention staff, case management staff, and staff of the community-based programs; (k) designate employees to obtain the saliva DNA specimens required under Section 53-10-403; (l) ensure that the designated employees receive appropriate training and that the specimens are obtained in accordance with accepted protocol; (m) register an individual with the Department of Public Safety who: (i) is adjudicated for an offense that would result in the individual being a child abuse offender under Subsection 53-29-202(2)(a) or a sex offender under Subsection 53-29-202(2)(b); (ii) is committed to the division for secure care; and (iii) (A) if the individual is a youth offender, remains in the division's custody 30 days before the individual's 21st birthday; or (B) if the individual is a serious youth offender, remains in the division's custody 30 days before the individual's 25th birthday; and (n) ensure that a program delivered to a minor under this section is an evidence-based program in accordance with Section 75E-2-207. (3) (a) The division is authorized to employ special function officers, as defined in Section 53-13-105, to: (i) locate and apprehend minors who have absconded from division custody; (ii) transport minors taken into custody in accordance with division policy; (iii) investigate cases; and (iv) carry out other duties as assigned by the division. (b) A special function officer may be: (i) employed through a contract with the Department of Public Safety, or any law enforcement agency certified by the Peace Officer Standards and Training Division; or (ii) directly hired by the division. (4) In the event of an unauthorized leave from secure care, detention, a community-based program, a juvenile receiving center, a home, or any other designated placement of a minor, a division employee has the authority and duty to locate and apprehend the minor, or to initiate action with a local law enforcement agency for assistance. (5) The division may proceed with an initial medical screening or assessment of a child admitted to a detention facility to ensure the safety of the child and others in the detention facility if the division makes a good faith effort to obtain consent for the screening or assessment from the child's parent or guardian.
Utah Code § 80-3-505 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-505
§ 80-3-505. Petition for special findings for at-risk noncitizen child.
Status: in_force

(1) As used in this section: (a) "At-risk" means there is reasonable cause to suspect that: (i) a noncitizen child's health, safety, and welfare is, or has been, in jeopardy due to abuse, neglect, abandonment, or similar circumstances; and (ii) the return of the noncitizen child to the noncitizen child's, or the noncitizen child's parent's, country of origin or country of last habitual residence is not in the best interest of the noncitizen child. (b) "Noncitizen child" means an unmarried individual: (i) who is younger than 21 years old; and (ii) who is not a citizen of the United States. (c) "Dependent on the court" means subject to the jurisdiction of the juvenile or district court to make decisions concerning the protection, well-being, care, and custody of a noncitizen child for findings, orders, or referrals to: (i) support the health, safety, and welfare of the noncitizen child; or (ii) remedy the effects on the noncitizen child of abuse, neglect, abandonment, or similar circumstances. (d) "Similar circumstances" means a condition or conditions that have an effect on a noncitizen child comparable to abuse, neglect, or abandonment, including the death of a parent. (2) A noncitizen child who is at-risk may petition the juvenile court for special findings regarding the abuse, neglect, abandonment, or similar circumstances of the noncitizen child. (3) Upon reviewing a petition under Subsection (2) and any supporting evidence, the juvenile court shall enter an order with special findings that determine whether: (a) the noncitizen child: (i) is dependent on the court; (ii) is in the custody of the division or another appropriate person by order of the juvenile court; or (iii) has been appointed a guardian by a court; (b) the noncitizen child has suffered from abuse, neglect, abandonment, or similar circumstances; (c) the noncitizen child may not be viably reunified with one or both of the noncitizen child's parents due to abuse, neglect, abandonment, or similar circumstances; and (d) the noncitizen child may not be returned to the noncitizen child's, or the noncitizen child's parent's, country of origin or country of last habitual residence because it is not in the best interest of the child. (4) In determining the best interest of the noncitizen child under Subsection (3)(d), the court shall consider: (a) the health, safety, and welfare of the child to be the paramount concern for the noncitizen child; and (b) whether the present and past living conditions will adversely affect the noncitizen child's physical, mental, or emotional health. (5) If the identity or location of the noncitizen child's parents is unknown or if the noncitizen child's parents reside outside the United States, the juvenile court may serve notice using any alternative method of service the court determines is appropriate or waive service. (6) The juvenile court shall hear, adjudicate, and issue findings of fact on any petition for special findings under this section as soon as it is administratively feasible and before the noncitizen child is 21 years old. (7) (a) The juvenile court may refer a noncitizen child who is the subject of a petition for special findings under this section for psychiatric, psychological, educational, occupational, medical, dental, or social services or for protection against human trafficking or domestic violence. (b) A noncitizen child's participation in a referred service under Subsection (7)(a) is voluntary. (8) This section does not: (a) limit a noncitizen child from petitioning for special findings under any other provision of law or from any other rights and remedies available to the child under any other provision of law; (b) limit the juvenile court from issuing similar findings of fact for a noncitizen child in any other proceeding concerning the noncitizen child; or (c) constitute an adjudication for abuse, neglect, or dependency under this chapter.
Utah Code § 80-4-102 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-102
§ 80-4-102. Definitions.
Status: in_force

(1) As used in this chapter: (a) "Division" means the Division of Child and Family Services created in Section 80-2-201. (b) "Failure of parental adjustment" means that a parent or parents are unable or unwilling within a reasonable time to substantially correct the circumstances, conduct, or conditions that led to placement of their child outside of their home, notwithstanding reasonable and appropriate efforts made by the division to return the child to the home. (c) "Former parent" means an individual whose legal parental rights were terminated under this chapter. (d) "Petition to restore parental rights" means a petition filed in accordance with this chapter to restore the rights of a parent with regard to a child. (e) "Petition for termination of parental rights" means a petition filed in accordance with this chapter to terminate the parental rights of a parent. (f) "Temporary custody" means the same as that term is defined in Section 80-2-102. (2) A determination of a minor's best interest under this chapter shall be made in accordance with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those sections.
Utah Code § 80-5-502 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-502
§ 80-5-502. New detention facilities.
Status: in_force

(1) The division may issue requests for proposals to allow for the private construction of facilities suitable to meet the detention requirements of any county or group of counties, subject to approval by the governor. (2) The governor shall furnish an analysis of the benefits of the proposals received to the Transportation and Infrastructure Government Appropriations Subcommittee for the subcommittee's review.
Utah Code § 80-2-604 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-604
§ 80-2-604. Death of a child reporting requirements.
Status: in_force

(1) A person who has reason to believe that a child has died as a result of abuse or neglect shall report that fact to: (a) the local law enforcement agency; and (b) the appropriate medical examiner in accordance with Title 26B, Chapter 8, Part 2, Utah Medical Examiner. (2) After receiving a report described in Subsection (1): (a) the local law enforcement agency shall report to the county attorney or district attorney as provided under Section 17-68-302 or 17-68-303; and (b) the medical examiner shall investigate and report the medical examiner's findings to: (i) the police; (ii) the appropriate county attorney or district attorney; (iii) the attorney general's office; (iv) the division; and (v) if the institution making the report is a hospital, to the hospital.
Utah Code § 80-2a-203 — Utah Code / Title 80 / Chapter 80-2a / § 80-2a-203
§ 80-2a-203. Notice upon issuance of a warrant or removal of a child -- Locating noncustodial parent -- Information provided to parent, guardian, or responsible relative.
Status: in_force

(1) (a) A peace officer or child welfare caseworker who takes a child into protective custody under Subsection 80-2a-202(1), shall immediately use reasonable efforts to locate and inform, through the most efficient means available, the child's parents, including a noncustodial parent, the child's guardian, or a responsible relative: (i) that the child is in protective custody; (ii) the reason for removal and placement of the child in protective custody; (iii) that the parent, guardian, or relative will be provided with information on: (A) the parent's or guardian's procedural rights; and (B) the preliminary stages of the investigation and shelter hearing; (iv) of a telephone number where the parent or guardian may access further information; (v) that the child and the child's parent or guardian are entitled to have an attorney present at the shelter hearing; (vi) that if the child's parent or guardian is an indigent individual and desires to have an attorney, one will be provided; (vii) that resources are available to assist the child's parent or guardian, including: (A) a parent advocate; (B) a qualified attorney; or (C) potential expert witnesses to testify on behalf of the child or the child's parent, guardian, or family; and (viii) that the child's parent or guardian may contact the child protection ombudsman created in Section 80-2-1104 for help accessing resources or navigating the child welfare system. (b) For purposes of locating and informing the noncustodial parent under Subsection (1)(a), the division shall search for the noncustodial parent through the Federal Parent Locator Service if the division is unable to locate the noncustodial parent through other reasonable efforts. (2) At the time that a child is taken into protective custody under Subsection 80-2a-202(2), the division shall provide the child's parent or guardian an informational packet with: (a) all of the information described in Subsection (1); (b) information on the conditions under which a child may be released from protective custody; (c) information on resources that are available to the parent or guardian, including: (i) mental health resources; (ii) substance abuse resources; and (iii) parenting classes; (d) the child protection ombudsman's website address; and (e) any other information considered relevant by the division. (3) The division shall ensure the informational packet described in Subsection (2) is: (a) evaluated periodically for the effectiveness of the informational packet at conveying necessary information and revised accordingly; (b) written in simple, easy-to-understand language; (c) available in English and other languages as the division determines to be appropriate and necessary; and (d) made available for distribution in: (i) schools; (ii) health care facilities; (iii) local police and sheriff's offices; (iv) the offices of the division; and (v) any other appropriate office within the department. (4) If reasonable efforts are made by the peace officer or child welfare caseworker to notify the child's parent or guardian or a responsible relative under Subsection (1), failure to notify: (a) shall be considered to be due to circumstances beyond the control of the peace officer or child welfare caseworker; and (b) may not be construed to: (i) permit a new defense to any juvenile or judicial proceeding; or (ii) interfere with any rights, procedures, or investigations provided for by this chapter, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Chapter 4, Termination and Restoration of Parental Rights. (5) (a) If the juvenile court issues a warrant under Subsection 80-2a-202(6), the division shall provide notice of the warrant to the child's parent or guardian who: (i) has a right to parent-time with the child; and (ii) (A) is the child's primary caregiver; or (B) has custody of the child when the warrant is sought. (b) The division shall make a good faith effort to provide notice to the child's parent or guardian who: (i) is not required to be notified under Subsection (5)(a); and (ii) has a right to parent-time with the child.
Utah Code § 80-5-206 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-206
§ 80-5-206. Records -- Property of division.
Status: in_force

(1) All records maintained by programs that are under contract with the division to provide services to minors, are the property of the division and shall be returned to the division when the minor is terminated from the program. (2) The division shall maintain an accurate audit trail of information provided to other programs or agencies regarding minors under the division's jurisdiction.
Utah Code § 80-6-207 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-207
§ 80-6-207. Detention hearings -- Period of detention -- Bail.
Status: in_force

(1) (a) After admission of a child to a detention facility under Section 80-6-205 and immediate investigation by a juvenile probation officer, the juvenile court or the juvenile probation officer shall order the release of the child to the child's parent, guardian, or custodian if the juvenile court or the juvenile probation officer finds that the child can be safely returned to the parent's, the guardian's, or the custodian's care, upon written promise to bring the child to the juvenile court at a time set or without restriction. (b) If a child's parent, guardian, or custodian fails to retrieve the child from a detention facility within 24 hours after notification of release, the parent, guardian, or custodian is responsible for the cost of care for the time the child remains in the detention facility in accordance with Section 78A-6-356. (c) The detention facility shall determine the cost of care. (d) Any money collected under this Subsection (1) shall be retained by the division to recover the cost of care for the time the child remains in the facility. (2) (a) When a child is admitted to a detention facility, the child's parent, guardian, or custodian shall be informed by the individual in charge of the detention facility that the parent's, the guardian's, or the custodian's child has the right to a prompt hearing in a juvenile court to determine whether the child is to be further detained or released. (b) If a minor is admitted to a detention facility, the minor shall be informed by the person in charge of the facility that the minor has the right to a prompt hearing in a juvenile court to determine whether the minor is to be further detained or released. (3) (a) The juvenile court may, at any time, order the release of the minor, from detention, regardless of whether a detention hearing is held or not. (b) If a child is released, and the child remains in the detention facility, because the child's parents, guardian, or custodian fails to retrieve the child, the parent, guardian, or custodian shall be responsible for the cost of care as provided in Subsections (1)(b), (c), and (d) in accordance with Section 78A-6-356. (4) (a) As used in this Subsection (4), "arrest" means being apprehended, detained, taken into temporary custody under Section 80-6-201 or 80-6-202, held for investigation, or restrained by a peace officer or other person due to an accusation or suspicion that the minor committed an offense. (b) A minor may not be held in a detention facility longer than 24 hours, unless a juvenile court determines that there is probable cause for the minor's arrest. (5) (a) A detention hearing under this section shall be held by a juvenile court judge or commissioner. (b) A juvenile court shall hold a detention hearing within 48 hours of the minor's admission to a detention facility, excluding weekends and holidays, to determine whether the minor should: (i) remain in detention in accordance with Subsection (8); (ii) be released to a parent or guardian; or (iii) be placed in any other party's custody as authorized by statute. (6) The probable cause determination under Subsection (4) and the detention hearing under Subsection (5) may occur at the same time if the probable cause determination and the detention hearing occur within the time frame under Subsection (4). (7) (a) A detention hearing may not be waived. (b) Staff at the detention facility shall provide the juvenile court with all information received from the individual who brought the minor to the detention facility. (8) (a) The juvenile court may only order a minor to be held in the detention facility or be placed in another appropriate facility, subject to further order of the court, if the court finds at a detention hearing that: (i) releasing the minor to the minor's parent, guardian, or custodian presents an unreasonable risk to public safety; (ii) less restrictive nonresidential alternatives to detention have been considered and, where appropriate, attempted; and (iii) the minor is eligible for detention under the detention guidelines and Section 80-6-205. (b) The juvenile court may not vest custody of a minor admitted to detention in the Division of Child and Family Services, except as provided in Chapter 3, Abuse, Neglect, and Dependency Proceedings. (9) (a) After a detention hearing has been held, only the juvenile court may release a minor from detention. (b) If a minor remains in a detention facility, periodic reviews shall be held in accordance with the Utah Rules of Juvenile Procedure to ensure that continued detention of the minor is necessary. (10) This section does not apply to a minor who is brought to a correctional facility in accordance with Section 80-6-502, 80-6-504, or 80-6-505. (11) Title 77, Chapter 20, Bail, does not apply to a minor, except for: (a) a minor charged in accordance with Section 80-6-502; (b) a minor bound over to the district court in accordance with Section 80-6-504; or (c) a minor who need not be detained and lives outside this state.
Utah Code § 80-6-905 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-905
§ 80-6-905. Liability.
Status: in_force

(1) A person associated with the referral, evaluation, adjudication, disposition, or supervision of matters under this part may not be held civilly liable for any injury occurring to a minor performing compensatory service or any other activity associated with a certified youth court, unless the person causing the injury acted in a willful or wanton manner. (2) A person participating in a certified youth court shall be considered a volunteer for purposes of Workers' Compensation and other risk-related issues.
Utah Code § 80-3-304 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-304
§ 80-3-304. Second medical opinion in cases of alleged medical neglect.
Status: in_force

(1) In cases of alleged medical neglect where the division seeks protective custody, temporary custody, or custody of the child based on the report or testimony of a physician, a parent or guardian shall have a reasonable amount of time, as determined by the juvenile court, to obtain a second medical opinion from another physician of the parent's or guardian's choosing who has expertise in the applicable field. (2) Unless there is an imminent risk of death or a deteriorating condition of the child's health, the child shall remain in the custody of the parent or guardian while the parent or guardian obtains a second medical opinion. (3) If the second medical opinion results in a different diagnosis or treatment recommendation from that of the opinion of the physician the division used, the juvenile court shall give deference to the second medical opinion as long as that opinion is reasonable and informed and is consistent with treatment that is regularly prescribed by medical experts in the applicable field. (4) Subsections (1) through (3) do not apply to emergency treatment or care when the child faces an immediate threat of death or serious and irreparable harm and when there is insufficient time to safely allow the parent or guardian to provide alternative necessary care and treatment of the parent's or guardian's choosing.
Utah Code § 80-2-310 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-310
§ 80-2-310. Continuity of mental health treatment and services for a foster child.
Status: in_force

(1) As used in this section, "mental health therapist" means the same as that term is defined in Section 58-60-102. (2) When a child enters the custody of the division, the division shall: (a) determine whether the child has an existing relationship with a mental health therapist; (b) if the child has an existing relationship with a mental health therapist, take steps to facilitate continuity of the child's mental health care with the mental health therapist, including by: (i) contacting the mental health therapist; (ii) facilitating the mental health therapist's enrollment as a Medicaid provider, if applicable; or (iii) if the mental health therapist is or agrees to become enrolled as a Medicaid provider, entering into a contract or agreement, including a single case agreement, with the mental health therapist, at a rate not to exceed the Medicaid rate, to provide mental health care to the child while the child is in the custody of the division. (3) When a child leaves the custody of the division, the division shall take steps to facilitate continuity of care with a mental health therapist providing mental health care to the child while the child was in the custody of the division, including by: (a) with the consent of the mental health therapist, providing the name and contact information of the mental health therapist to the child's parents or guardians; (b) coordinating with the department to continue the child's mental health care if the child or child's parents or guardians are Medicaid-eligible; and (c) coordinating with the local mental health authority where the child resides to arrange for continued provision of mental health services, where appropriate. (4) This section does not apply if a child in the custody of the division is placed in: (a) a residential treatment program, as that term is defined in Section 26B-2-101; (b) a day treatment program or partial hospitalization program; or (c) any other facility that provides a level of care higher than traditional outpatient services where mental health treatment or services are integrated into the facility's specialized program of care. (5) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this section.
Utah Code § 80-2-1003 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-1003
§ 80-2-1003. Deletion, expungement, or notation of information or reports in Management Information System or Licensing Information System.
Status: in_force

(1) (a) The division shall delete any reference in the Management Information System or Licensing Information System to a report that: (i) the division determines is without merit, if no subsequent report involving the same alleged perpetrator occurs within one year after the day on which the division makes the determination; or (ii) a court of competent jurisdiction determines is unsubstantiated or without merit, if no subsequent report involving the same alleged perpetrator occurs within five years after the day on which the juvenile court makes the determination. (b) Except as provided in Subsection (1)(c), the information described in Subsections 80-2-1002(2)(a) and (b) shall remain in the Licensing Information System: (i) if the alleged perpetrator fails to take the action described in Subsection 80-2-708(3)(a) within 30 days after the day on which the notice described in Subsections 80-2-708(1)(a) and (2) is served; (ii) during the time that the division awaits a response from the alleged perpetrator under Subsection 80-2-708(3)(a); and (iii) until a juvenile court determines that the severe type of child abuse or neglect upon which the Licensing Information System entry was based is unsubstantiated or without merit. (c) Regardless of whether an appeal on the matter is pending: (i) the division shall remove the information described in Subsections 80-2-1002(2)(a) and (b) from the Licensing Information System if the severe type of child abuse or neglect upon which the Licensing Information System entry is based: (A) is found to be unsubstantiated or without merit by the juvenile court under Section 80-3-404 or 80-3-504; or (B) is found to be substantiated, but is subsequently reversed on appeal; and (ii) the division shall place back on the Licensing Information System an alleged perpetrator's name and information that is removed from the Licensing Information System under Subsection (1)(c)(i) if the court action that was the basis for removing the alleged perpetrator's name and information is subsequently reversed on appeal. (2) (a) The division shall maintain a separation of reports as follows: (i) those that are supported; (ii) those that are unsupported; (iii) those that are without merit; (iv) those that are unsubstantiated under the law in effect before May 6, 2002; (v) those that are substantiated under the law in effect before May 6, 2002; and (vi) those that are consented-to supported findings under Subsection 80-2-708(3)(a)(iii). (b) Only a person with statutory authority may access the information contained in a report described in Subsection (2)(a). (3) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the expungement of supported reports or unsupported reports in the Management Information System and the Licensing Information System that: (a) in relation to an unsupported report or a supported report, identify the types of child abuse or neglect reports that the division: (i) shall expunge within five years after the last date on which the individual's name is placed in the information system, without requiring the subject of the report to request expungement; (ii) shall expunge within 10 years after the last date on which the individual's name is placed in the information system, without requiring the subject of the report to request expungement; (iii) may expunge following an individual's request for expungement in accordance with Subsection (4); and (iv) may not expunge due to the serious nature of the specified types of child abuse or neglect; (b) establish an administrative process and a standard of review for the subject of a report to make an expungement request; and (c) define the term "expunge" or "expungement" to clarify the administrative process for removing a record from the information system. (4) (a) If an individual's name is in the Management Information System or Licensing Information System for a type of child abuse or neglect report identified under Subsection (3)(a)(iii), the individual may request to have the report expunged 10 years after the last date on which the individual's name is placed in the information system for a supported or unsupported report. (b) If an individual's expungement request is denied, the individual shall wait at least one year after the day on which the denial is issued before the individual may again request to have the individual's report expunged.
Utah Code § 80-2-606 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-606
§ 80-2-606. Written reports.
Status: in_force

(1) (a) A person who orally reports under Section 80-2-602, 80-2-603, or 80-2-604 shall, upon request of the division, provide the division with a written version of the oral report. (b) The person shall provide the written report within 48 hours after the division's request. (2) If, in connection with an intended or completed abortion, a physician is required to make a report of incest or abuse of a minor, the report may not include information that would in any way disclose that the report was made in connection with: (a) an abortion; or (b) a consultation regarding an abortion. (3) The division shall, immediately after receipt, forward a copy of a written report to the state child abuse and neglect registry on a form supplied by the registry.
Utah Code § 80-6-304.5 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-304.5
§ 80-6-304.5. Prosecutorial review of referral to juvenile court -- Filing a petition.
Status: in_force

(1) A prosecuting attorney shall review a referral to the juvenile court for an offense committed by a minor if: (a) the prosecuting attorney is requested to review the referral under Section 80-6-303.5; (b) the minor fails to substantially comply with a condition agreed upon as part of the nonjudicial adjustment; or (c) the minor is not offered or declines a nonjudicial adjustment. (2) (a) Upon review of a referral of an offense under Subsection (1), the prosecuting attorney shall: (i) dismiss the referral; (ii) send the referral back to the juvenile probation officer for a new attempt at a nonjudicial adjustment if the minor's case is eligible for a nonjudicial adjustment under Section 80-6-303.5; or (iii) except as provided in Subsection (5), file a petition with the juvenile court. (b) Upon review of a referral for habitual truancy under Subsection (1), the prosecuting attorney shall dismiss the referral. (3) A prosecuting attorney may only file a petition under Subsection (2)(a)(iii) upon reasonable belief that: (a) the charges are supported by probable cause; (b) admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and (c) the decision to charge is in the interests of justice. (4) If a minor has substantially complied with the other conditions of a nonjudicial adjustment or conditions imposed through any other court diversion program, the minor's failure to pay a fine or fee as a condition of the nonjudicial adjustment or program may not serve as a basis for filing of a petition. (5) A prosecuting attorney may not file a petition against a minor unless: (a) the prosecuting attorney has statutory authority to file the petition under Section 80-6-305; and (b) (i) the minor is not eligible for a nonjudicial adjustment under Section 80-6-303.5; (ii) the minor declines a nonjudicial adjustment; (iii) the minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment; or (iv) the minor fails to respond to the juvenile probation officer's inquiry regarding eligibility for or an offer of a nonjudicial adjustment after being provided with notice for preliminary inquiry. (6) If the prosecuting attorney files a petition in a juvenile court, or a proceeding is commenced against a minor under Section 80-6-302, the juvenile court may refer the case to the juvenile probation officer for another offer of nonjudicial adjustment if the minor is eligible for a nonjudicial adjustment under Section 80-6-303.5.
Utah Code § 80-6-1004.4 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1004.4
§ 80-6-1004.4. Petition to expunge petition not found to be true -- Order.
Status: in_force

(1) An individual may petition the juvenile court, at any time, for an order to expunge all records in the individual's juvenile record pertaining to an incident where a petition was filed if: (a) the incident was presented to the juvenile court for adjudication based upon an admission, plea, or trial; (b) the juvenile court did not find by beyond a reasonable doubt the allegations in the petition to be true; (c) at least 30 days have passed since the day on which the juvenile court did not find the allegations in the petition to be true; and (d) an appeal has not been filed for the petition within the 30-day period described in Subsection (1)(c). (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) The juvenile court shall grant a petition described in Subsection (1), without a hearing, and order expungement of any record in the petitioner's juvenile record pertaining to the incident.
Utah Code § 80-3-503 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-503
§ 80-3-503. Minor's petition for removal from division custody -- Reentering division custody.
Status: in_force

(1) (a) A minor who is 18 years old or older, but younger than 21 years old, may petition the juvenile court to express the minor's desire to have the minor be removed from the custody of the division if the minor is in the division's custody on grounds of abuse, neglect, or dependency. (b) If the minor's parent's rights have not been terminated in accordance with Chapter 4, Termination and Restoration of Parental Rights, the minor's petition described in Subsection (1)(a) shall contain a statement from the minor's parent or guardian agreeing that the minor should be removed from the custody of the division. (c) The minor and the minor's parent or guardian shall sign the petition described in Subsection (1)(a). (2) The juvenile court shall: (a) review the petition described in Subsection (1)(a) within 14 days after the day on which the petition is filed; and (b) remove the minor from the custody of the division if: (i) the requirements under Subsections (1)(b) and (c) are met; and (ii) the court finds, based on input from the division, the minor's attorney guardian ad litem, and the Office of the Attorney General, that the minor does not pose an imminent threat to self or others. (3) (a) A minor removed from custody of the division under this section may, within 90 days after the day on which the minor is removed from custody of the division, petition the court to re-enter custody of the division. (b) Upon receiving a petition described in Subsection (3)(a), the juvenile court shall order the division to take custody of the minor based on the findings the juvenile court entered when the juvenile court originally vested custody of the minor in the division.
Utah Code § 80-2-1101 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-1101
§ 80-2-1101. Citizen review panel -- Child Welfare Improvement Council -- Duties.
Status: in_force

(1) (a) The division may establish one or more citizen review panels to: (i) assist and advise the division as determined by the division; and (ii) comply with 42 U.S.C. Sec. 5106a(c). (b) Each panel shall be composed of volunteer members, including former consumers of services, who broadly represent the geographic community or topic area for which the panel is established. (c) A member of a citizen review panel may receive per diem and travel expenses in accordance with: (i) Section 63A-3-106; (ii) Section 63A-3-107; and (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107. (d) The division shall provide staff to assist a citizen review panel in completing the panel's duties. (e) (i) A citizen review panel member or division staff assisting a citizen review panel may not disclose to a person or government entity identifying information about a specific child protection case that is provided to the citizen review panel. (ii) A citizen review panel member or division staff member who violates Subsection (1)(e)(i) may be subject to a civil fine not to exceed $500 for each violation. (2) There is established the Child Welfare Improvement Council as a citizen review panel. (3) The division may designate a child fatality committee, created in Section 26B-1-503, as a citizen review panel. (4) A citizen review panel designated by the division to fulfill the requirements of 42 U.S.C. Sec. 5106a: (a) shall meet at least quarterly; (b) may examine specific cases to evaluate the extent to which an agency is effectively discharging the agency's responsibilities in accordance with the state's plan submitted in accordance with 42 U.S.C. Sec. 5106a(b)(1) and the child protection standards set forth in 42 U.S.C. Sec. 5106a(b); (c) shall annually review findings related to the division made by the Division of Continuous Quality Improvement created in Subsection 26B-1-204(3); and (d) shall facilitate public outreach and comment in order to assess the impact of current procedures and practices upon children and families in the community.
Utah Code § 80-4-306 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-306
§ 80-4-306. Review following termination.
Status: in_force

(1) At the conclusion of the hearing in which the juvenile court orders termination of parental rights, the juvenile court shall order that a review hearing be held within 90 days after the day on which parental rights are terminated if the child has not been permanently placed. (2) At the review hearing described in Subsection (1): (a) the agency or individual vested with custody of the child shall report to the juvenile court regarding the plan for permanent placement of the child; and (b) the guardian ad litem shall make recommendations to the juvenile court, based on an independent investigation, for disposition meeting the best interests of the child. (3) The juvenile court may order the agency or individual vested with custody of the child to report, at appropriate intervals, on the status of the child until the plan for permanent placement of the child is accomplished.
Utah Code § 80-6-603 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-603
§ 80-6-603. Rights of minors facing delinquency proceedings.
Status: in_force

(1) If a minor is facing a delinquency proceeding under this chapter, the minor has the right to: (a) appear in person in the proceeding for the petition or the criminal information; (b) defend, in person or by counsel, against the allegations in the petition or the criminal information; (c) receive a copy of the petition or the criminal information; (d) testify on the minor's own behalf; (e) confront the witnesses against the minor; (f) secure the attendance of witnesses on the minor's behalf under Section 78A-6-351; (g) be represented by counsel at all stages of the proceedings; (h) be appointed an indigent defense service provider and be provided indigent defense services in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel; (i) remain silent and be advised that anything the minor says can and will be used against the minor in any court proceedings; and (j) appeal any adjudication under this chapter. (2) A minor facing a delinquency proceeding shall be advised of the minor's rights described in Subsection (1).
Utah Code § 80-5-402 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-402
§ 80-5-402. Community-based programs.
Status: in_force

(1) (a) The division shall operate residential and nonresidential community-based programs to provide care, treatment, and supervision for minors committed to the division by juvenile courts. (b) The division shall operate or contract for nonresidential community-based programs and independent living programs to provide care, treatment, and supervision of paroled juvenile offenders. (2) The division shall adopt minimum standards for the organization and operation of community-based programs for minors. (3) The division shall place minors committed to the division for community-based programs in the most appropriate program based upon the division's evaluation of the minor's needs and the division's available resources in accordance with Sections 80-6-703 and 80-6-804.
Utah Code § 80-4-108 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-108
§ 80-4-108. Physical or mental health examination during proceedings.
Status: in_force

(1) In a proceeding under this chapter, the juvenile court may appoint any mental health therapist, as defined in Section 58-60-102, who the juvenile court finds to be qualified to: (a) evaluate the mental health of, or provide mental health services to, the child; or (b) after notice and a hearing set for the specific purpose, evaluate the mental health of a parent, or provide mental health services to a parent, if the juvenile court finds from the evidence presented at the hearing that the parent's mental or emotional condition may be a factor in the parent's unfitness. (2) The juvenile court: (a) may not refuse to appoint a mental health therapist under Subsection (1) for the reason that the therapist's recommendations in another case did not follow the recommendations of the division or the Office of Guardian Ad Litem; and (b) shall give strong consideration to the parent's or guardian's wishes regarding the selection of a mental health therapist. (3) In a proceeding under this chapter, the juvenile court may appoint a physician, or a physician assistant, who the court finds to be qualified to: (a) physically examine the child; or (b) after notice and a hearing set for a specific purpose, physically examine the parent if the juvenile court finds from the evidence presented at the hearing that the parent's physical condition may be a factor in causing the parent's unfitness. (4) The division shall, with regard to a child in the division's custody: (a) take reasonable measures to notify a parent of any non-emergency health treatment or care scheduled for a child; (b) include the parent as fully as possible in making health care decisions for the child; (c) defer to the parent's reasonable and informed decisions regarding the child's health care to the extent that the child's health and well-being are not unreasonably compromised by the parent's decision; and (d) notify the parent of the child within five business days after the day on which the child receives emergency health care or treatment. (5) An examination conducted in accordance with Subsection (1) or (2) is not a privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general rule of privilege. (6) This section applies to all juvenile court proceedings under this chapter involving: (a) parents and children; or (b) the division.
Utah Code § 80-3-302 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-302
§ 80-3-302. Shelter hearing -- Placement of a child.
Status: in_force

(1) As used in this section: (a) "Asserted an interest" means to communicate, verbally or in writing, to the division or the court, that the relative or friend is interested in becoming a placement for the child. (b) (i) "Parent" does not include an unmarried biological father, as defined in Section 81-13-101, who has not strictly complied with Sections 81-13-212 and 81-13-213 before the removal of the child or voluntary surrender of the child by the custodial parent. (ii) "Parent" includes, except as provided in Subsection (1)(b)(i), an individual with a parent-child relationship to the child under Section 81-5-201 regardless of whether the child has been or will be placed with adoptive parents or whether adoption has been or will be considered as a long-term goal for the child. (2) (a) At the shelter hearing, if the juvenile court orders that a child be removed from the custody of the child's parent in accordance with Section 80-3-301, the juvenile court shall first determine whether there is another parent with whom the child was not residing at the time the events or conditions that brought the child within the juvenile court's jurisdiction occurred, who desires to assume custody of the child. (b) Subject to Subsection (2)(c), if another parent desires to assume custody under Subsection (2)(a), the juvenile court shall place the child in that parent's temporary custody unless the juvenile court finds that the placement would be unsafe or otherwise detrimental to the child. (c) In determining whether placement in the other parent's temporary custody would be unsafe or otherwise detrimental, the juvenile court: (i) shall make a specific finding regarding the fitness of the parent described in Subsection (2)(b) to assume temporary custody, and the safety and appropriateness of the placement; (ii) shall, at a minimum, order the division to visit the parent's home, comply with the criminal background check provisions described in Section 80-3-305, and check the Management Information System for any previous reports of abuse or neglect received by the division regarding the parent at issue; (iii) may order the division to conduct any further investigation regarding the safety and appropriateness of the placement; and (iv) may place the child in the temporary custody of the division, pending the juvenile court's determination regarding the placement. (d) The division shall report the division's findings from an investigation under Subsection (2)(c) in writing to the juvenile court within 14 days after the day on which the juvenile court orders the investigation. (3) If the juvenile court orders placement with a parent under Subsection (2): (a) the child and the parent are under the continuing jurisdiction of the juvenile court; (b) the juvenile court may order: (i) that the parent take custody subject to the supervision of the juvenile court; and (ii) that services be provided to the parent from whose custody the child was removed, the parent who has assumed custody, or both; and (c) the juvenile court shall order reasonable parent-time with the parent from whose custody the child was removed, unless parent-time is not in the best interest of the child. (4) The juvenile court shall periodically review an order described in Subsection (3) to determine whether: (a) placement with the parent continues to be in the child's best interest; (b) the child should be returned to the original custodial parent; (c) the child should be placed with a relative under Subsections (6) through (9); or (d) the child should be placed in the temporary custody of the division. (5) (a) Legal custody of the child is not affected by an order entered under Subsection (2) or (3). (b) To affect a previous court order regarding legal custody, the party shall petition the court for modification of legal custody. (6) Subject to Subsection (7), if, at the time of the shelter hearing, a child is removed from the custody of the child's parent and is not placed in the custody of the child's other parent, the juvenile court: (a) shall, at that time, determine whether there is a relative or a friend who is able and willing to care for the child, which may include asking a child, who is of sufficient maturity to articulate the child's wishes in relation to a placement, if there is a relative or friend with whom the child would prefer to reside; (b) may order the division to conduct a reasonable search to determine whether there are relatives or friends who are willing and appropriate, in accordance with the requirements of this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, Removal and Protective Custody of a Child, for placement of the child; (c) shall order the parents to cooperate with the division, within five working days, to provide information regarding relatives or friends who may be able and willing to care for the child; and (d) may order that the child be placed in the temporary custody of the division pending the determination under Subsection (6)(a). (7) (a) (i) Subject to Subsection (7)(b), and if the provisions of this section are satisfied, the division and the juvenile court shall give preferential consideration to a relative's or a friend's request for placement of the child, if the placement is in the best interest of the child. (ii) If a relative or friend verbally communicates to the division or court that the relative or friend is interested in becoming a placement for the child, the division or court shall make a written record of the communication and include that written record in the report the division submits at the initial dispositional hearing, a report the division submits under Section 80-3-408, or the court's legal file. (b) (i) (A) The preferential consideration that the juvenile court or division initially grants a friend under Subsection (7)(a)(i) expires 120 days after the day on which the shelter hearing occurs. (B) After the day on which the time period described in Subsection (7)(b)(i)(A) expires, the division or the juvenile court may not grant preferential consideration to a friend, who has not obtained custody or asserted an interest in the child. (ii) (A) Until eight months after the day on which the shelter hearing occurs, the preferential consideration that the juvenile court or division grants a relative under Subsection (7)(a)(i) is a rebuttable presumption that placement of the child with a relative is in the best interest of the child. (B) After the rebuttable presumption described in Subsection (7)(b)(ii)(A) expires, the juvenile court or division shall give preferential consideration to a relative's request for placement of the child, if the placement is in the best interest of the child considering the totality of the circumstances. (C) If a relative asserts an interest in becoming a placement for the child more than one year after the day on which the shelter hearing occurs, the juvenile court may not give the relative the preferential consideration described in Subsection (7)(b)(ii)(B). (c) The following order of preference shall be applied when determining the individual with whom a child will be placed, if the individual is willing and able to care for the child: (i) a noncustodial parent of the child; (ii) a relative of the child; (iii) subject to Subsection (7)(d), a friend if the friend is a licensed foster parent; and (iv) other placements that are consistent with the requirements of law. (d) In determining whether a friend is a willing, able, and appropriate placement for a child, the juvenile court or the division: (i) subject to Subsections (7)(d)(ii) through (iv), shall consider the child's preferences or level of comfort with the friend; (ii) is required to consider no more than one friend designated by each parent of the child and one friend designated by the child if the child is of sufficient maturity to articulate the child's wishes in relation to a placement; (iii) may limit the number of designated friends to two, one of whom shall be a friend designated by the child if the child is of sufficient maturity to articulate the child's wishes in relation to a placement; and (iv) shall give preference to a friend designated by the child if: (A) the child is of sufficient maturity to articulate the child's wishes; and (B) the basis for removing the child under Section 80-3-301 is sexual abuse of the child. (e) (i) If a parent of the child or the child, if the child is of sufficient maturity to articulate the child's wishes in relation to a placement, is not able to designate a friend who is a licensed foster parent for placement of the child, but is able to identify a friend who is willing to become licensed as a foster parent, the department shall fully cooperate to expedite the licensing process for the friend. (ii) If the friend described in Subsection (7)(e)(i) becomes licensed as a foster parent within the time frame described in Subsection (7)(b)(i), the juvenile court shall determine whether it is in the best interest of the child to place the child with the friend. (8) (a) If a relative or friend who is willing to cooperate with the child's permanency goal is identified under Subsection (6)(a), the juvenile court: (i) shall make a specific finding regarding: (A) the fitness of that relative or friend as a placement for the child; and (B) the safety and appropriateness of placement with the relative or friend; and (ii) may not consider a request for guardianship or adoption of the child by an individual who is not a relative of the child, or prevent the division from placing the child in the custody of a relative of the child in accordance with this part, until after the day on which the juvenile court makes the findings under Subsection (8)(a)(i). (b) In making the finding described in Subsection (8)(a), the juvenile court shall, at a minimum, order the division to: (i) if the child may be placed with a relative, conduct a background check that includes: (A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification background check of the relative; (B) a completed search, relating to the relative, of the Management Information System; and (C) a background check that complies with the criminal background check provisions described in Section 80-3-305, of each nonrelative of the child who resides in the household where the child may be placed; (ii) if the child will be placed with a noncustodial parent, complete a background check that includes: (A) the background check requirements applicable to an emergency placement with a noncustodial parent that are described in Subsections 80-2a-301(4) and (6); (B) a completed search, relating to the noncustodial parent of the child, of the Management Information System; and (C) a background check that complies with the criminal background check provisions described in Section 80-3-305, of each nonrelative of the child who resides in the household where the child may be placed; (iii) if the child may be placed with an individual other than a noncustodial parent or a relative, conduct a criminal background check of the individual, and each adult that resides in the household where the child may be placed, that complies with the criminal background check provisions described in Section 80-3-305; (iv) visit the relative's or friend's home; (v) check the Management Information System for any previous reports of abuse or neglect regarding the relative or friend at issue; (vi) report the division's findings in writing to the juvenile court; and (vii) provide sufficient information so that the juvenile court may determine whether: (A) the relative or friend has any history of abusive or neglectful behavior toward other children that may indicate or present a danger to this child; (B) the child is comfortable with the relative or friend; (C) the relative or friend recognizes the parent's history of abuse and is committed to protect the child; (D) the relative or friend is strong enough to resist inappropriate requests by the parent for access to the child, in accordance with court orders; (E) the relative or friend is committed to caring for the child as long as necessary; and (F) the relative or friend can provide a secure and stable environment for the child. (c) The division may determine to conduct, or the juvenile court may order the division to conduct, any further investigation regarding the safety and appropriateness of the placement described in Subsection (8)(a). (d) The division shall complete and file the division's assessment regarding placement with a relative or friend under Subsections (8)(a) and (b) as soon as practicable, in an effort to facilitate placement of the child with a relative or friend. (9) (a) The juvenile court may place a child described in Subsection (2)(a) in the temporary custody of the division, pending the division's investigation under Subsection (8), and the juvenile court's determination regarding the appropriateness of the placement. (b) The juvenile court shall ultimately base the juvenile court's determination regarding the appropriateness of a placement with a relative or friend on the best interest of the child. (10) If a juvenile court places a child described in Subsection (6) with the child's relative or friend: (a) the juvenile court shall: (i) order the relative or friend take custody, subject to the continuing supervision of the juvenile court; (ii) provide for reasonable parent-time with the parent or parents from whose custody the child is removed, unless parent-time is not in the best interest of the child; and (iii) conduct a periodic review no less often than every six months, to determine whether: (A) placement with a relative or friend continues to be in the child's best interest; (B) the child should be returned home; or (C) the child should be placed in the custody of the division; (b) the juvenile court may enter an order: (i) requiring the division to provide necessary services to the child and the child's relative or friend, including the monitoring of the child's safety and well-being; or (ii) that the juvenile court considers necessary for the protection and best interest of the child; and (c) the child and the relative or friend in whose custody the child is placed are under the continuing jurisdiction of the juvenile court. (11) No later than 12 months after the day on which the child is removed from the home, the juvenile court shall schedule a hearing for the purpose of entering a permanent order in accordance with the best interest of the child. (12) The time limitations described in Section 80-3-406, with regard to reunification efforts, apply to a child placed with a previously noncustodial parent under Subsection (2) or with a relative or friend under Subsection (6). (13) (a) If the juvenile court awards temporary custody of a child to the division, and the division places the child with a relative, the division shall: (i) conduct a criminal background check of the relative that complies with the criminal background check provisions described in Section 80-3-305; and (ii) if the results of the criminal background check described in Subsection (13)(a)(i) would prohibit the relative from having direct access to the child under Section 26B-2-120, the division shall: (A) take the child into physical custody; and (B) within three days, excluding weekends and holidays, after the day on which the child is taken into physical custody under Subsection (13)(a)(ii)(A), give written notice to the juvenile court, and all parties to the proceedings, of the division's action. (b) Subsection (13)(a) does not prohibit the division from placing a child with a relative, pending the results of the background check described in Subsection (13)(a) on the relative. (14) If the juvenile court orders that a child be removed from the custody of the child's parent and does not award custody and guardianship to another parent, relative, or friend under this section, the juvenile court shall order that the child be placed in the temporary custody of the division, to proceed to adjudication and disposition and to be provided with care and services in accordance with this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, Removal and Protective Custody of a Child. (15) (a) If a child reenters the temporary custody or the custody of the division and the child is not placed with an individual who is a parent, relative, or friend, the division shall: (i) notify the child's former foster parents; and (ii) upon a determination of the former foster parents' willingness and ability to safely and appropriately care for the child, give the former foster parents preference for placement of the child. (b) If, after the shelter hearing, the child is placed with an individual who is not a parent, a relative, a friend, or a former foster parent of the child, priority shall be given to a foster placement with a married couple, unless it is in the best interests of the child to place the child with a single foster parent. (16) In determining the placement of a child, the juvenile court and the division may not take into account, or discriminate against, the religion of an individual with whom the child may be placed, unless the purpose of taking religion into account is to place the child with an individual or family of the same religion as the child. (17) If the juvenile court's decision differs from a child's express wishes if the child is of sufficient maturity to articulate the wishes in relation to the child's placement, the juvenile court shall make findings explaining why the juvenile court's decision differs from the child's wishes. (18) This section does not guarantee that an identified relative or friend will receive custody of the child. (19) (a) If, for a relative placement, an interstate placement requested under the Interstate Compact on the Placement of Children has been initiated by the division or is ordered by or pending before the juvenile court, the court may not finalize a non-relative placement unless the court gives due weight to: (i) the preferential consideration granted to a relative in Section 80-3-302; (ii) the rebuttable presumption in Section 80-3-302; and (iii) the division's placement authority under Subsections 80-1-102(52) and 80-3-303(1). (b) Nothing in this section affects the ability of a foster parent to petition the juvenile court under Subsection 80-3-502(3).
Utah Code § 80-6-805 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-805
§ 80-6-805. Parole procedures -- Conditions of parole.
Status: in_force

(1) (a) A juvenile offender shall be served with notice of parole hearings and has the right to personally appear before the authority for parole consideration. (b) An order or decision of the authority shall be in writing. (c) A juvenile offender shall be provided written notice of the authority's reasoning and decision in the juvenile offender's case. (2) A juvenile offender may be paroled to the juvenile offender's home, to an independent living program contracted or operated by the division, to an approved independent living setting, or to other appropriate residences of qualifying relatives or guardians, but shall remain on parole until parole is terminated by the authority in accordance with Section 80-6-804. (3) (a) Any condition of parole shall be specified in writing, and agreed to, by the juvenile offender. (b) An agreement under Subsection (3)(a) shall be evidenced by the signature of the juvenile offender, which shall be affixed to the agreement. (4) The authority may require a juvenile offender to pay restitution ordered by the juvenile court as a condition of release, placement, or parole.
Utah Code § 80-2-707 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-707
§ 80-2-707. Supported finding of child abuse or neglect after division investigation -- Notice to alleged perpetrator -- Rights of alleged perpetrator -- Administrative review -- Joinder in juvenile court.
Status: in_force

(1) (a) Except as provided in Subsection (2), if, after investigation, the division makes a supported finding, the division shall send a notice of agency action to the alleged perpetrator. (b) If the alleged perpetrator described in Subsection (1)(a) is under 18 years old, the division shall: (i) make reasonable efforts to identify the alleged perpetrator's parent or guardian; and (ii) send a notice to each parent or guardian identified under Subsection (1)(b)(i) that lives at a different address, unless there is good cause, as defined by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for not sending a notice to the parent or guardian. (c) This section does not affect: (i) the manner in which the division conducts an investigation; or (ii) the use or effect, in any other setting, of a supported finding by the division at the completion of an investigation for any purpose other than for notification under Subsection (1) (a) or (b). (2) Subsection (1) does not apply to an alleged perpetrator who is served with notice under Section 80-2-708. (3) The notice described in Subsection (1) shall state that: (a) the division conducted an investigation regarding alleged abuse, neglect, or dependency; (b) the division made a supported finding of abuse, neglect, or dependency; (c) facts gathered by the division support the supported finding; (d) the alleged perpetrator has the right to request: (i) a copy of the report; and (ii) an opportunity to challenge the supported finding by the division; and (e) failure to request an opportunity to challenge the supported finding within 30 days after the day on which the notice is received will result in an unappealable supported finding of abuse, neglect, or dependency unless the alleged perpetrator can show good cause for why compliance within the 30-day requirement is virtually impossible or unreasonably burdensome. (4) (a) Except as provided in Subsection (7), an alleged perpetrator may make a request to challenge a supported finding within 30 days after the day on which the alleged perpetrator receives a notice under this section. (b) Upon receipt of a request under Subsection (4)(a), the Office of Administrative Hearings shall hold an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act. (5) (a) In an adjudicative proceeding held under this section, the division has the burden of proving, by a preponderance of the evidence, that abuse, neglect, or dependency occurred and that the alleged perpetrator is substantially responsible for the abuse or neglect that occurred. (b) Any party has the right of judicial review of final agency action, in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (c) A proceeding for judicial review of a final agency action under this section shall be closed to the public. (d) The Judicial Council shall make rules that ensure the confidentiality of the proceeding described in Subsection (5)(c) and the records related to the proceedings. (6) Except as otherwise provided in this chapter, an alleged perpetrator who, after receiving notice, fails to challenge a supported finding in accordance with this section: (a) may not further challenge the finding; and (b) shall have no right to: (i) agency review of the finding; (ii) an adjudicative hearing on the finding; or (iii) judicial review of the finding. (7) (a) Except as provided in Subsection (7)(b), an alleged perpetrator may not make a request under Subsection (4) to challenge a supported finding if a court of competent jurisdiction entered a finding, in a proceeding in which the alleged perpetrator was a party, that the alleged perpetrator is substantially responsible for the abuse, neglect, or dependency that is the subject of the supported finding. (b) Subsection (7)(a) does not apply to pleas in abeyance or diversion agreements. (c) An adjudicative proceeding under Subsection (5) may be stayed during the time a judicial action or an active criminal investigation on the same matter is pending. (8) Under Section 80-3-404, an adjudicative proceeding on a supported finding of a type of abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined in the juvenile court with an adjudication on a supported finding of a severe type of child abuse or neglect.
Utah Code § 80-2-704 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-704
§ 80-2-704. Division interview of a child -- Support person for the child -- Notice -- Recording.
Status: in_force

(1) The division may conduct an investigative interview of a child who: (a) except as provided in Subsection (5), is the subject of the report or identified during an investigation under Subsection 80-2-701(1)(b); or (b) is in protective custody before the day on which the adjudication hearing is held under Section 80-3-401. (2) (a) If the division interviews a child under Subsection (1), the division shall, except as provided in Subsection (6), audiotape or videotape the interview. (b) The interviewer under Subsection (1) shall say at the beginning of the audiotape or videotape: (i) the time, date, and place of the interview; and (ii) the full name and age of the child being interviewed. (3) (a) Before conducting an interview under Subsection (1), the interviewer shall: (i) assess the child's level of comfort with the interview and make reasonable efforts to ensure the child is comfortable during the interview; and (ii) unless the interview is conducted at a Children's Justice Center, ask the child whether the child is comfortable being alone in the interview with the interviewer. (b) (i) If a child who is interviewed under Subsection (1)(a) is not comfortable being alone in the interview with the interviewer, the child is allowed to have a support person of the child's choice present in an interview who: (A) is 18 years old or older; (B) is readily available; and (C) is willing and able to be present in the interview without influencing the child through statements or reactions. (ii) If a child who is interviewed under Subsection (1)(b) is not comfortable being alone in the interview with the interviewer, the interviewer shall conduct the interview with a support person of the child's choice present who meets the requirements of Subsections (3)(b)(i)(A) through (C). (c) A support person described in this Subsection (3): (i) may be: (A) a school teacher; (B) a school administrator; (C) a guidance counselor; (D) a child care provider; (E) a family member; (F) a family advocate; (G) a member of the clergy; or (H) another individual chosen by the child; and (ii) may not be an individual who: (A) is alleged to be, or potentially may be, the perpetrator; or (B) is protective of the perpetrator or unsupportive of the child. (4) (a) Except as provided in Subsection (4)(b), the division shall notify the child's parent before the time at which the interview under Subsection (1)(a) is held of: (i) the specific allegations concerning the child; and (ii) the time and place of the interview. (b) (i) The division is not required to provide notice under Subsection (4)(a) if the child's parent or stepparent or the parent's paramour is identified as the alleged perpetrator. (ii) If the alleged perpetrator is unknown, or the alleged perpetrator's relationship to the child's family is unknown, the division may conduct a minimal interview or conversation with the child that does not exceed 15 minutes before providing notice under Subsection (4)(a). (iii) The division shall notify the parent of a child who is interviewed under Subsection (4)(b)(i) or (ii) as soon as practicable after the interview is conducted and no later than 24 hours after the interview is conducted. (c) The division shall notify the child's parent of the time and place of all subsequent interviews of the child. (5) (a) (i) Except as provided in Subsections (5)(a)(ii) and (6), the division may interview a child under Subsection (1)(a) during an investigation under Section 80-2-701 that involves allegations of sexual abuse, sexual exploitation, severe abuse, or severe neglect of the child only if: (A) the interview is recorded visually and aurally on film, videotape, or by other electronic means; (B) both the interviewer and the child are simultaneously recorded and visible on the final product; (C) the time and date of the interview is continuously and clearly visible to any subsequent viewer of the recording; and (D) the recording equipment runs continuously for the duration of the interview. (ii) Subsection (5)(a)(i) does not apply to initial or minimal interviews conducted in accordance with Subsection (4)(b)(ii). (b) The division shall conduct an interview under Subsection (5)(a) in an existing Children's Justice Center or in a soft interview room, if available. (c) If a Children's Justice Center or a soft interview room is not available, the division shall use the best setting available under the circumstances. (d) Except as provided in Subsection (6), if the equipment required under Subsection (5)(a) is not available, the division shall audiotape the interview and the child welfare caseworker shall clearly say at the beginning of the tape: (i) the time, date, and place of the interview; (ii) the full name and age of the child being interviewed; and (iii) that the equipment required under Subsection (5)(a) is not available and why. (6) (a) Subject to Subsection (6)(b), the division may conduct an interview under Subsection (1) or (5) without taping the interview if the child: (i) is at least nine years old; (ii) refuses to have the interview audiotaped; and (iii) refuses to have the interview videotaped. (b) If, under Subsection (6)(a), an interview is conducted without being taped, the division shall document the child's refusal to have the interview taped as follows: (i) the interviewer shall attempt to get the child's refusal on tape, including the reasons for the refusal; or (ii) if the child does not allow the refusal, or the reasons for the refusal, to be taped, the interviewer shall: (A) state on the tape that the child is present, but has refused to have the interview, refusal, or the reasons for the refusal taped; or (B) if complying with Subsection (6)(b)(ii)(A) will result in the child, who would otherwise consent to be interviewed, to refuse to be interviewed, the interviewer shall document, in writing, that the child refused to allow the interview to be taped and the reasons for that refusal. (c) The division shall track the number of interviews under this section that are not taped, and the number of refusals that are not taped, for each interviewer, in order to determine whether a particular interviewer has a higher incidence of refusals, or taped refusals, than other interviewers.
Utah Code § 80-2-902 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-902
§ 80-2-902. Division authority under Article III of Interstate Compact.
Status: in_force

(1) The "appropriate public authorities," as used in Article III of the Interstate Compact on the Placement of Children shall, with reference to this state, mean the division. (2) The division shall receive and act with reference to notices required by Article III of the compact.
Utah Code § 80-4-204 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-204
§ 80-4-204. Notice of petition.
Status: in_force

(1) (a) After a petition for termination of parental rights is filed, notice shall: (i) be provided to the parents, the guardian, the individual or agency having legal custody of the child, and any individual acting in loco parentis to the child; and (ii) indicate the: (A) nature of the petition; (B) time and place of the hearing; (C) right to counsel; and (D) right to the appointment of counsel for a party whom the juvenile court determines is indigent and at risk of losing the party's parental rights. (b) The notice described in Subsection (1)(a), or a separate notice subsequently issued, shall contain a statement to the effect that the rights of the parent or parents are proposed to be permanently terminated in the proceedings. (2) The juvenile court shall hold a hearing specifically on the question of termination of parental rights no sooner than 10 days after the day on which the notice described in Subsection (1) is served.
Utah Code § 80-5-503 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-503
§ 80-5-503. Secure care facilities.
Status: in_force

(1) The division shall maintain and operate secure care facilities for the custody and rehabilitation of juvenile offenders: (a) who pose a danger of serious bodily harm to others; (b) who cannot be controlled in a less secure setting; or (c) who have engaged in a pattern of conduct characterized by persistent and serious criminal offenses that, as demonstrated through the use of other alternatives, cannot be controlled in a less secure setting. (2) (a) The director shall appoint an administrator for each secure care facility. (b) An administrator of a secure care facility shall have experience in social work, law, criminology, corrections, or a related field, and in administration. (3) (a) (i) The division, in cooperation with the State Board of Education, shall provide instruction, or make instruction available, to juvenile offenders in secure care facilities. (ii) The instruction shall be appropriate to the age, needs, and range of abilities of the juvenile offender. (b) A secure care facility shall: (i) assess each juvenile offender to determine the juvenile offender's abilities, possible learning disabilities, interests, attitudes, and other attributes related to appropriate educational programs; and (ii) provide prevocational education to juvenile offenders to acquaint juvenile offenders with vocations, and vocational requirements and opportunities. (4) (a) The division shall place juvenile offenders who have been committed to the division for secure care in a secure care facility, operated by the division or by a private entity, that is appropriate to ensure that humane care and rehabilitation opportunities are afforded to the juvenile offender. (b) The division shall have separate housing units for male individuals and female individuals in secure care facilities. (5) The division shall adopt standards, policies, and procedures for the regulation and operation of secure care facilities, consistent with state and federal law.
Utah Code § 80-6-203 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-203
§ 80-6-203. Temporary custody of a minor -- Notification of a child's parent, guardian, or custodian -- Taking a minor to a detention facility.
Status: in_force

(1) (a) Except as provided in Subsection (3), if a peace officer, or other person, takes a child into temporary custody under Section 80-6-201, the peace officer, or other person, may not take the child into temporary custody for any longer than is reasonably necessary to: (i) obtain the child's name, age, residence, and other necessary information; (ii) contact the child's parent, guardian, or custodian; and (iii) release the child to the child's parent, guardian, or custodian. (b) Before a child is released under Subsection (1)(a), the parent, or other person to whom the child is released, shall sign a written promise on forms supplied by the juvenile court to bring the child to the juvenile court at a time set or to be set by the court. (2) Except as provided in Subsection (3), if a peace officer, or other person, takes a minor who is 18 years old or older into temporary custody under Section 80-6-201, the peace officer, or other person, may not take the minor into temporary custody for any longer than is reasonably necessary to obtain the minor's name, age, residence, and other necessary information. (3) (a) A minor may remain in the temporary custody of a peace officer or other person if: (i) the protection of the community requires the minor's detention; or (ii) a warrant has been issued for the minor's arrest under Section 80-6-202 or 80-6-806. (b) If a minor remains in temporary custody, the minor shall be taken to a detention facility without unnecessary delay. (c) If the peace officer, or other person, takes a minor to a detention facility, the peace officer, or other person, shall promptly file a written report, on a form provided by the division, with the detention facility stating: (i) the details of the offense that the minor is alleged to have committed; (ii) the facts that bring the offense within the jurisdiction of the juvenile court; (iii) the reason that the minor was not released by the peace officer or other person; and (iv) if the minor is under consideration for detention, the eligibility of the minor for detention under the detention guidelines.
Utah Code § 80-4-201 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-201
§ 80-4-201. Petition -- Who may file -- Dismissal.
Status: in_force

(1) Any interested party, including a foster parent, may file a petition for termination of parental rights. (2) The attorney general shall file a petition for termination of parental rights under this chapter on behalf of the division. (3) The juvenile court may dismiss a petition for termination of parental rights at any stage of the proceedings.
Utah Code § 80-4-303 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-303
§ 80-4-303. Specific considerations when child is not in physical custody of parent.
Status: in_force

(1) If a child is not in the physical custody of the child's parent or parents, the juvenile court, in determining whether parental rights should be terminated, shall consider: (a) the physical, mental, or emotional condition and needs of the child and the child's desires regarding the termination, if the juvenile court determines the child is of sufficient capacity to express the child's desires; (b) the effort the child's parent or parents have made to adjust the parent's or parents' circumstances, conduct, or conditions to make it in the child's best interest to return the child to the child's home after a reasonable length of time, including: (i) payment of a reasonable portion of substitute physical care and maintenance, if financially able; (ii) maintenance of regular parent-time or other contact with the child that was designed and carried out in a plan to reunite the child with the parent or parents; and (iii) maintenance of regular contact and communication with the custodian of the child; and (c) any other factor that the juvenile court considers relevant in the determination of whether to terminate parental rights. (2) For purposes of this section, the juvenile court shall disregard incidental conduct, contributions, contacts, and communications.
Utah Code § 80-3-203 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-203
§ 80-3-203. Expedited hearing for temporary custody.
Status: in_force

(1) After an abuse, neglect, or dependency petition is filed, the juvenile court may make an order: (a) providing for temporary custody of the child who is the subject of the petition; or (b) that the division provide protective services to the child who is the subject of the petition if the juvenile court determines that: (i) the child is at risk of being removed from the child's home due to abuse or neglect; and (ii) the provision of protective services may make the removal described in Subsection (1)(b)(i) unnecessary. (2) (a) The juvenile court shall hold an expedited hearing to determine whether a child should be placed in temporary custody if: (i) a person files an abuse, neglect, or dependency petition; (ii) a party to the proceeding files a motion for expedited placement in temporary custody; and (iii) notice of the hearing described in this Subsection (1)(a) is served consistent with the requirements for notice of a shelter hearing under Section 80-3-301. (b) The hearing described in Subsection (2)(a): (i) shall be held within 72 hours, excluding weekends and holidays, after the time in which the motion described in Subsection (2)(a)(ii) is filed; and (ii) shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of Juvenile Procedure, Rule 13. (3) (a) The hearing and notice described in Subsection (1) are subject to: (i) Section 80-3-301; (ii) Section 80-3-302; and (iii) the Utah Rules of Juvenile Procedure. (b) After the hearing described in Subsection (1), the juvenile court may order a child placed in the temporary custody of the division.
Utah Code § 80-2a-304 — Utah Code / Title 80 / Chapter 80-2a / § 80-2a-304
§ 80-2a-304. Removal of a child from foster family placement -- Procedural due process.
Status: in_force

(1) (a) The Legislature finds that, except with regard to a child's parent or guardian, a foster family has a very limited but recognized interest in the foster family's familial relationship with a foster child who has been in the care and custody of the foster family and in making determinations regarding removal of a child from a foster home, the division may not dismiss the foster family as a mere collection of unrelated individuals. (b) The Legislature finds that children in the temporary custody and custody of the division are experiencing multiple changes in foster care placements with little or no documentation, and that numerous studies of child growth and development emphasize the importance of stability in foster care living arrangements. (c) For the reasons described in Subsections (1)(a) and (b), the division shall provide procedural due process for a foster family before removal of a foster child from the foster family's home, regardless of the length of time the child has been in the foster family's home, unless removal is for the purpose of: (i) returning the child to the child's parent or guardian; (ii) immediately placing the child in an approved adoptive home; (iii) placing the child with a relative who obtained custody or asserted an interest in the child within the preference period described in Subsection 80-3-302(7); or (iv) placing an Indian child in accordance with placement preferences and other requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915. (2) (a) The division shall maintain and utilize due process procedures for removal of a foster child from a foster home, in accordance with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act. (b) The procedures described in Subsection (2)(a) shall include requirements for: (i) personal communication with, and a written explanation of the reasons for the removal to, the foster parents before removal of the child; and (ii) an opportunity for foster parents to: (A) present the foster parents' information and concerns to the division; and (B) request a review, to be held before removal of the child, by a third party neutral fact finder or if the child is placed with the foster parents for a period of 12 months or longer, request a review, to be held before removal of the child, by the juvenile court judge currently assigned to the child's case or, if the juvenile court judge currently assigned to the child's case is not available, another juvenile court judge. (c) If the division determines that there is a reasonable basis to believe that the child is in danger or that there is a substantial threat of danger to the health or welfare of the child, the division shall place the child in emergency foster care during the pendency of the procedures described in this Subsection (2), instead of making another foster care placement. (3) (a) If the division removes a child from a foster home based on the child's statement alone, the division shall initiate and expedite the processes described in Subsection (2). (b) The division may not take formal action with regard to the foster parent's license until after the processes described in Subsection (2), in addition to any other procedure or hearing required by law, are completed. (4) If a complaint is made to the division by a foster child against a foster parent, the division shall, within 30 business days after the day on which the complaint is received, provide the foster parent with information regarding the specific nature of the complaint, the time and place of the alleged incident, and who was alleged to have been involved. (5) If the division places a child in a foster home, the division shall provide the foster parents with: (a) notification of the requirements of this section; (b) a written description of the procedures enacted by the division under Subsection (2) and how to access the procedures; and (c) written notification of the foster parents' ability to petition the juvenile court directly for review of a decision to remove a foster child who, subject to Section 80-3-502, has been in the foster parents' custody for 12 months or longer. (6) This section does not apply to the removal of a child based on a foster parent's request for the removal. (7) It is unlawful for a person, with the intent to avoid compliance with the requirements of this section, to: (a) take action, or encourage another to take action, against the license of a foster parent; or (b) remove a child from a foster home before the child is placed with the foster parents for two years. (8) The division may not remove a foster child from a foster parent who is a relative of the child on the basis of the age or health of the foster parent without determining: (a) by clear and convincing evidence that the foster parent is incapable of caring for the foster child, if the alternative foster parent would not be another relative of the child; or (b) by a preponderance of the evidence that the foster parent is incapable of caring for the foster child, if the alternative foster parent would be another relative of the child.
Utah Code § 80-2-905 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-905
§ 80-2-905. Interstate Compact on Placement of Children -- Text.
Status: in_force

The Interstate Compact on the Placement of Children is hereby enacted and entered into with all other jurisdictions that legally join in the compact which is, in form, substantially as follows: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN ARTICLE I Purpose and PolicyIt is the purpose and policy of the party states to cooperate with each other in the interstate placement of children so that:(1) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide necessary and desirable care.(2) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.(3) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.(4) Appropriate jurisdictional arrangements for the care of the children will be promoted. ARTICLE II DefinitionsAs used in this compact: (1) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control.(2) "Sending agency" means a party state, officer, or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, Indian tribe, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state.(3) "Receiving state" means the state to which a child is sent, brought or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.(4) "Placement" means the arrangement for the care of a child in a family free, adoptive, or boarding home, or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution, primarily educational in character, and any hospital or other medical facility. ARTICLE III Conditions for Placement (1) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.(2) Prior to sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain: (a) The name, date, and place of birth of the child.(b) The identity and address or addresses of the parents or legal guardian.(c) The name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child.(d) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.(e) Any public officer or agency in a receiving agency state which is in receipt of a notice pursuant to Paragraph (2) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.(f) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child. ARTICLE IV Penalty for Illegal PlacementThe sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children. ARTICLE V Retention of Jurisdiction(1) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.(2) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.(3) Nothing in this compact shall be construed to prevent any agency authorized to place children in the receiving agency from performing services or acting as agent in the receiving agency jurisdiction for a private charitable agency of the sending agency; nor to prevent the receiving agency from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in Paragraph (1) above. ARTICLE VI Institutional Care of Delinquent ChildrenA child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact, but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care and the court finds that: (1) equivalent facilities for the child are not available in the sending agency's jurisdiction; and(2) institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship. ARTICLE VII Compact AdministratorThe executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of the party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact. ARTICLE VIII LimitationsThis compact shall not apply to:(1) The sending or bringing of a child into a receiving state by his parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or nonagency guardian in the receiving state.(2) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party or to any other agreement between said states which has the force of law. ARTICLE IX Enactment and WithdrawalThis compact shall be open to joinder by any state, territory, or possession of the United States, the District of Columbia, the commonwealth of Puerto Rico, and with the consent of Congress, the government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties, and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal. ARTICLE X Construction and SeverabilityThe provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Utah Code § 80-5-703 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-703
§ 80-5-703. Authority responsibilities -- Administrative officer of the authority.
Status: in_force

(1) The authority is responsible for: (a) the release of a juvenile offender from secure care; and (b) the rescission, revocation, and termination of parole for a juvenile offender. (2) In accordance with Chapter 6, Part 8, Commitment and Parole, the authority shall: (a) determine when and under what conditions a juvenile offender in secure care is eligible for parole; (b) establish policies and procedures regarding: (i) the authority's governance, meetings, and hearings; (ii) the conduct of proceedings before the authority; (iii) the parole of a juvenile offender; and (iv) for which parole for a juvenile offender may be granted, rescinded, revoked, modified, and terminated; and (c) determine appropriate parole dates for juvenile offenders. (3) The division's case management staff shall: (a) implement plans for parole; and (b) supervise a juvenile offender on parole. (4) The division shall: (a) permit the authority to have reasonable access to a juvenile offender in secure care; and (b) furnish all pertinent data requested by the authority in matters of parole, revocation, and termination. (5) The director shall appoint an administrative officer of the authority. (6) The administrative officer is responsible for the day-to-day operations of the authority. (7) The authority and the administrative officer have power to: (a) issue subpoenas; (b) compel attendance of witnesses; (c) compel production of books, papers, and other documents; and (d) administer oaths and take testimony under oath for the purposes of conducting the hearings. (8) The administrative officer shall maintain summary records of all hearings and provide written notice to the juvenile offender of a decision and the reason for the decision.
Utah Code § 80-2-102 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-102
§ 80-2-102. Definitions.
Status: in_force

(1) As used in this chapter: (a) "Consult" means an interaction between two persons in which the initiating person: (i) provides information to another person; (ii) provides the other person an opportunity to respond; and (iii) takes the other person's response, if any, into consideration. (b) "Consumer" means a person who receives services offered by the division in accordance with this chapter. (c) "Council" means the Child Welfare Improvement Council created in Section 80-2-1101. (d) "Custody," with regard to the division, means the custody of a minor in the division as of the date of disposition. (e) "Day-care services" means care of a child for a portion of the day which is less than 24 hours: (i) in the child's own home by a responsible individual; or (ii) outside of the child's home in a: (A) day-care center; (B) family group home; or (C) family child care home. (f) "Director" means the director of the division appointed under Section 80-2-202. (g) "Division" means the Division of Child and Family Services created in Section 80-2-201. (h) "Domestic violence" means the same as that term is defined in Section 77-36-1. (i) "Domestic violence services" means: (i) temporary shelter, treatment, and related services provided to: (A) an individual who is a victim of abuse, as defined in Section 78B-7-102; and (B) the dependent children of an individual who is a victim of abuse, as defined in Section 78B-7-102; and (ii) treatment services for an individual who is alleged to have committed, has been convicted of, or has pled guilty to domestic violence. (j) "Homemaking services" means the care of an individual in the individual's domicile, and help given to an individual caretaker relative to achieve improved household and family management through the services of a trained homemaker. (k) "Hormonal transgender treatment" means the same as that term is defined in Section 58-1-603. (l) "Mutual case" means a case that is: (i) opened by the division under the division's discretion and procedures; (ii) opened by the law enforcement agency with jurisdiction over the case; and (iii) accepted for investigation by a child protection team, as applicable. (m) (i) "Person responsible for the child's care" means the child's parent, guardian, or other person responsible for the child's care. (ii) "Person responsible for the child's care" includes a person responsible for the child's care in the same home as the child, a relative's home, a group, family, or day care facility, a foster care home, or a residential institution. (n) "Primary sex characteristic surgical procedure" means the same as that term is defined in Section 58-67-102. (o) "Secondary sex characteristic surgical procedure" means the same as that term is defined in Section 58-67-102. (p) "Shelter care" means the temporary care of a minor in a nonsecure facility. (q) "Sibling" means a child who shares or has shared at least one parent in common either by blood or adoption. (r) "Sibling visitation" means services provided by the division to facilitate the interaction between a child in division custody with the child's sibling. (s) (i) "Subject of the report" means a person reported under Part 6, Child Abuse and Neglect Reports. (ii) "Subject of the report" includes the child who is the alleged victim of the report and the person responsible for the child's care. (t) "Temporary custody" means, with regard to the division, the custody of a child from the day on which the shelter hearing described in Section 80-3-301 is held until the day on which the juvenile court enters a disposition under Section 80-3-405. (u) "Transportation services" means travel assistance given to an individual with escort service, if necessary, to and from community facilities and resources as part of a service plan. (2) A determination of a minor's best interest under this chapter shall be made in accordance with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those sections.
Utah Code § 80-3-305 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-305
§ 80-3-305. Criminal background checks necessary before out-of-home placement of a child.
Status: in_force

(1) Subject to Subsection (3), upon ordering removal of a child from the custody of the child's parent and placing that child in the temporary custody or custody of the division before the division places a child in out-of-home care, the juvenile court shall require the completion of a nonfingerprint-based background check by the Utah Bureau of Criminal Identification regarding the proposed placement. (2) (a) Except as provided in Subsection (4), the division or the Office of Guardian Ad Litem may request, or the juvenile court upon the juvenile court's own motion, may order, the Department of Public Safety to conduct a complete Federal Bureau of Investigation criminal background check through the national criminal history system (NCIC). (b) (i) Except as provided in Subsection (4), upon request by the division or the Office of Guardian ad Litem, or upon the juvenile court's order, an individual subject to the requirements of Subsection (1) shall submit fingerprints and shall be subject to an FBI fingerprint background check. (ii) The child may be temporarily placed, pending the outcome of the background check described in Subsection (2)(b)(i). (c) (i) Except as provided in Subsection (2)(c)(ii), the cost of the investigations described in Subsection (2)(a) shall be borne by whoever is to receive placement of the child. (ii) The division may pay all or part of the cost of the investigations described in Subsection (2)(a). (3) Except as provided in Subsection (5), a child who is in the protective custody, temporary custody, or custody of the division may not be placed with a prospective foster parent or a prospective adoptive parent, unless, before the child is placed with the prospective foster parent or the prospective adoptive parent: (a) a fingerprint based FBI national criminal history records check is conducted on the prospective foster parent or prospective adoptive parent and any other adult residing in the household; (b) the department conducts a check of the abuse and neglect registry in each state where the prospective foster parent or prospective adoptive parent resided in the five years immediately before the day on which the prospective foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to determine whether the prospective foster parent or prospective adoptive parent is listed in the registry as having a substantiated or supported finding of a severe type of abuse or neglect; (c) the department conducts a check of the abuse and neglect registry of each state where each adult living in the home of the prospective foster parent or prospective adoptive parent described in Subsection (3)(b) resided in the five years immediately before the day on which the prospective foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to determine whether the adult is listed in the registry as having a substantiated or supported finding of a severe type of abuse or neglect; and (d) each individual required to undergo a background check described in this Subsection (3) passes the background check, in accordance with the provisions of Section 26B-2-120. (4) Subsections (2)(a) and (b) do not apply to a child who is placed with a noncustodial parent or relative under Section 80-2a-301, 80-3-302, or 80-3-303, unless the juvenile court finds that compliance with Subsection (2)(a) or (b) is necessary to ensure the safety of the child. (5) The requirements under Subsection (3) do not apply to the extent that: (a) federal law or rule permits otherwise; or (b) the requirements would prohibit the division or a juvenile court from placing a child with: (i) a noncustodial parent, under Section 80-2a-301, 80-3-302, or 80-3-303; or (ii) a relative, under Section 80-2a-301, 80-3-302, or 80-3-303, pending completion of the background check described in Subsection (3).
Utah Code § 80-2-1001 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-1001
§ 80-2-1001. Management Information System -- Contents -- Classification of records -- Access.
Status: in_force

(1) The division shall develop and implement a Management Information System that meets the requirements of this section and the requirements of federal law and regulation. (2) The Management Information System shall: (a) contain all key elements of each family's current child and family plan, including: (i) the dates and number of times the plan has been administratively or judicially reviewed; (ii) the number of times the parent failed the child and family plan; and (iii) the exact length of time the child and family plan has been in effect; and (b) alert child welfare caseworkers regarding deadlines for completion of and compliance with policy, including child and family plans. (3) For a child welfare case, the Management Information System shall provide each child welfare caseworker and the Division of Licensing and Background Checks created in Section 26B-2-901, exclusively for the purposes of foster parent licensure and monitoring, with a complete history of each child in the child welfare caseworker's caseload, including: (a) a record of all past action taken by the division with regard to the child and the child's siblings; (b) the complete case history and all reports and information in the control or keeping of the division regarding the child and the child's siblings; (c) the number of times the child has been in the protective custody, temporary custody, and custody of the division; (d) the cumulative period of time the child has been in the custody of the division; (e) a record of all reports of abuse or neglect received by the division with regard to the child's parent or guardian including: (i) for each report, documentation of the: (A) latest status; or (B) final outcome or determination; and (ii) information that indicates whether each report was found to be: (A) supported; (B) unsupported; (C) substantiated; (D) unsubstantiated; or (E) without merit; (f) the number of times the child's parent failed any child and family plan; and (g) the number of different child welfare caseworkers who have been assigned to the child in the past. (4) For child protective services cases, the Management Information System shall: (a) monitor the compliance of each case with: (i) division rule; (ii) state law; and (iii) federal law and regulation; and (b) include the age and date of birth of the alleged perpetrator at the time the abuse or neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of the alleged perpetrator. (5) Information or a record contained in the Management Information System is: (a) a private, controlled, or protected record under Title 63G, Chapter 2, Government Records Access and Management Act; and (b) available only: (i) to a person or government entity with statutory authorization under Title 63G, Chapter 2, Government Records Access and Management Act, to review the information or record; (ii) to a person who has specific statutory authorization to access the information or record for the purpose of assisting the state with state or federal requirements to maintain information solely for the purpose of protecting minors and providing services to families in need; (iii) to the extent required by Title IV(b) or IV(e) of the Social Security Act: (A) to comply with abuse and neglect registry checks requested by other states; or (B) to the United States Department of Health and Human Services for purposes of maintaining an electronic national registry of supported or substantiated cases of abuse and neglect; (iv) to the department, upon the approval of the executive director of the department, on a need-to-know basis; (v) as provided in Subsection (6) or Section 80-2-1002; or (vi) to a citizen review panel for the purpose of fulfilling the panel's duties as described in Section 80-2-1101. (6) (a) The division may allow a division contract provider, court clerk designated by the Administrative Office of the Courts, the Office of Guardian Ad Litem, or Indian tribe to have limited access to the Management Information System. (b) A division contract provider or Indian tribe has access only to information about a person who is currently receiving services from the specific contract provider or Indian tribe. (c) A court clerk may only have access to information necessary to comply with Subsection 78B-7-202(2). (d) (i) The Office of Guardian Ad Litem may only access: (A) the information that is entered into the Management Information System on or after July 1, 2004, and relates to a child or family where the Office of Guardian Ad Litem is appointed by a court to represent the interests of the child; or (B) any abuse or neglect referral about a child or family where the office has been appointed by a court to represent the interests of the child, regardless of the date that the information is entered into the Management Information System. (ii) The division may use the information in the Management Information System to screen an individual as described in Subsection 80-2-1002(4)(b)(ii)(A) at the request of the Office of Guardian Ad Litem. (e) A contract provider or designated representative of the Office of Guardian Ad Litem or an Indian tribe who requests access to information contained in the Management Information System shall: (i) take all necessary precautions to safeguard the security of the information contained in the Management Information System; (ii) train its employees regarding: (A) requirements for protecting the information contained in the Management Information System under this chapter and under Title 63G, Chapter 2, Government Records Access and Management Act; and (B) the criminal penalties under Sections 63G-2-801 and 80-2-1005 for improper release of information; and (iii) monitor its employees to ensure that the employees protect the information contained in the Management Information System as required by law. (7) The division shall take: (a) all necessary precautions, including password protection and other appropriate and available technological techniques, to prevent unauthorized access to or release of information contained in the Management Information System; and (b) reasonable precautions to ensure that the division's contract providers comply with Subsection (6).
Utah Code § 80-4-206 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-206
§ 80-4-206. Mediation.
Status: in_force

If a petition for termination of parental rights is filed, or if the matter is referred to the juvenile court under Subsection 78A-6-104(1)(a)(iii), the juvenile court may require the parties to participate in mediation in accordance with Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act.
Utah Code § 80-3-205 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-205
§ 80-3-205. Coordination of proceedings.
Status: in_force

(1) In each case where an information or indictment is filed against a defendant concerning abuse, neglect, or dependency of a child, and a petition is filed in juvenile court concerning the victim, the appropriate county attorney's or district attorney's office shall coordinate with the attorney general's office. (2) Law enforcement personnel, division personnel, the appointed guardian ad litem, pretrial services personnel, and corrections personnel shall make reasonable efforts to facilitate the coordination required under this section. (3) A member of a child protection team may participate in the coordination required under this section. (4) A member of a child protection team may coordinate with the attorney general's office, division personnel, the appointed guardian ad litem, pretrial services personnel, and corrections personnel as appropriate under this section.