Utah Code § 80-4-301 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-301
§ 80-4-301. Grounds for termination of parental rights -- Findings regarding reasonable efforts by division.
Status: in_force

(1) Subject to the protections and requirements of Section 80-4-104, and if, based on the totality of the circumstances, the juvenile court finds termination of parental rights, from the child's point of view, is strictly necessary to promote the child's best interest, the juvenile court may terminate all parental rights with respect to the parent if the juvenile court finds: (a) the parent has abandoned the child; (b) the parent has neglected or abused the child; (c) the parent is unfit or incompetent; (d) (i) the parent was convicted of a sexual offense, as defined in Section 77-37-2, or a comparable offense under the laws of the state where the offense occurred, against the other parent of the child; (ii) the offense resulted in the conception of the child; and (iii) termination is in the best interest of the child; (e) (i) the child is being cared for in an out-of-home placement under the supervision of the juvenile court or the division; (ii) the parent has substantially neglected, willfully refused, or has been unable or unwilling to remedy the circumstances that cause the child to be in an out-of-home placement; and (iii) there is a substantial likelihood that the parent will not be capable of exercising proper and effective parental care in the near future; (f) failure of parental adjustment, as defined in this chapter; (g) only token efforts have been made by the parent: (i) to support or communicate with the child; (ii) to prevent neglect of the child; (iii) to eliminate the risk of serious harm to the child; or (iv) to avoid being an unfit parent; (h) (i) the parent has voluntarily relinquished the parent's parental rights to the child; and (ii) termination is in the child's best interest; (i) after a period of trial during which the child was returned to live in the child's own home, the parent substantially and continuously or repeatedly refused or failed to give the child proper parental care and protection; or (j) the terms and conditions of safe relinquishment of a newborn child have been complied with as described in Part 5, Safe Relinquishment of a Newborn Child. (2) When determining whether termination of parental rights is strictly necessary to promote the child's best interest, the court shall: (a) undertake the analysis from the child's point of view; (b) focus on finding the outcome that best secures the child's well-being; (c) include, as applicable, the considerations described in Sections 80-4-303 and 80-4-304; and (d) explore whether other feasible options exist that could address the specific problems or issues facing the family, short of imposing the ultimate remedy of terminating the parent's rights. (3) The juvenile court may not terminate the parental rights of a parent because the parent has failed to complete the requirements of a child and family plan. (4) (a) Except as provided in Subsection (4)(b), in any case in which the juvenile court has directed the division to provide reunification services to a parent, the juvenile court must find that the division made reasonable efforts to provide those services before the juvenile court may terminate the parent's rights under Subsection (1)(b), (c), (e), (f), (g), or (i). (b) Notwithstanding Subsection (4)(a), the juvenile court is not required to make the finding under Subsection (4)(a) before terminating a parent's rights: (i) under Subsection (1)(b), if the juvenile court finds that the abuse or neglect occurred subsequent to adjudication; or (ii) if reasonable efforts to provide the services described in Subsection (4)(a) are not required under federal law, and federal law is not inconsistent with Utah law.
Utah Code § 80-2-908 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-908
§ 80-2-908. Jurisdiction over delinquent children under Interstate Compact.
Status: in_force

Any court having jurisdiction to place delinquent children may place such a child in an institution in another state, under Article VI of the Interstate Compact on the Placement of Children, and shall retain jurisdiction as provided in Article V of the compact.
Utah Code § 80-4-501 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-501
§ 80-4-501. Definitions.
Status: in_force

As used in this part: (1) "Hospital" means a general acute hospital, as that term is defined in Section 26B-2-201, that is: (a) equipped with an emergency room; (b) open 24 hours a day, seven days a week; and (c) employs full-time health care professionals who have emergency medical services training. (2) "Newborn child" means a child who is approximately 90 days old or younger, as determined within a reasonable degree of medical certainty.
Utah Code § 80-5-208 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-208
§ 80-5-208. Care of pregnant minor in secure detention or secure care.
Status: in_force

(1) When a minor in secure detention or secure care is pregnant, the division shall: (a) ensure that adequate prenatal and postnatal care is provided; and (b) place the minor in an accredited hospital before delivery. (2) As soon as the minor's condition after delivery will permit, the minor may be returned to: (a) secure detention if the minor was placed in secure detention; or (b) secure care if the minor was committed to secure care. (3) If the division has concerns regarding the minor's fitness to raise the minor's child, the division shall make a referral for services for the minor and the minor's child to the Division of Child and Family Services.
Utah Code § 80-6-502 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-502
§ 80-6-502. Criminal information for a minor in district court.
Status: in_force

(1) If a prosecuting attorney charges a minor with aggravated murder under Section 76-5-202 or murder under Section 76-5-203, the prosecuting attorney shall file a criminal information in the district court if the minor was a principal actor in an offense and the criminal information alleges: (a) the minor was 16 or 17 years old at the time of the offense; and (b) the offense for which the minor is being charged is: (i) aggravated murder, as described in Section 76-5-202; or (ii) murder, as described in Section 76-5-203. (2) If the prosecuting attorney files a criminal information in the district court in accordance with Subsection (1), the district court shall try the minor as an adult, 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. (3) (a) Except for a minor who is subject to the authority of the Board of Pardons and Parole, a minor charged with aggravated murder or murder under Subsection (1) shall be held in a detention facility. (b) A minor held in a detention facility under Subsection (3)(a) shall remain in the facility: (i) until released by the district court; or (ii) if convicted, until sentencing. (4) (a) If a minor is held in a detention facility under Subsection (3)(a), the district court shall: (i) advise the minor of the right to bail; and (ii) issue a pretrial status order, as defined in Section 77-20-102, for the minor in accordance with Section 77-20-205. (b) Except for Sections 77-20-202, 77-20-203, and 77-20-204, the provisions of Title 77, Chapter 20, Bail, shall apply to the release or detention of a minor being tried as an adult under this section. (5) (a) If a minor held in a detention facility under Subsection (3)(a) attains the age of 25 years old, the minor shall: (i) be transferred within 30 days to an adult jail; and (ii) remain in the adult jail until: (A) released by the district court; or (B) if convicted, sentencing. (b) Subsection (5)(a) applies to any minor who is being held in a detention facility as described in Subsection (3)(a) on or after May 4, 2022. (6) If a minor is held in a detention facility under Subsection (3)(a) and the minor's conduct or condition endangers the safety or welfare of others in the detention facility, the district court may find that the minor shall be detained in another place of confinement considered appropriate by the district court, including a jail or an adult facility for pretrial confinement.
Utah Code § 80-7-104 — Utah Code / Title 80 / Chapter 80-7 / § 80-7-104
§ 80-7-104. Procedure for emancipation.
Status: in_force

(1) (a) Upon the filing of a petition in accordance with Section 80-7-103, the juvenile court shall review the petition for completeness and whether the petitioner meets the age requirement for filing the petition. (b) If the petition is incomplete or the petitioner does not meet the age requirement, the juvenile court may dismiss the action immediately. (c) If the petition is complete and the petitioner meets the age requirement, the juvenile court shall schedule a pretrial hearing on the matter within 30 days. (2) The juvenile court may appoint an attorney guardian ad litem in accordance with Section 78A-2-803 to represent the minor. (3) At the hearing, the juvenile court shall consider the best interests of the minor according to: (a) whether the minor is capable of assuming adult responsibilities; (b) whether the minor is capable of living independently of the minor's parents, guardian, or custodian; (c) opinions and recommendations from the attorney guardian ad litem, parents, guardian, or custodian, and any other evidence; and (d) whether emancipation will create a risk of harm to the minor. (4) If the juvenile court determines, by clear and convincing evidence, that emancipation is in the best interests of the minor, the juvenile court shall issue a declaration of emancipation for the minor. (5) A juvenile court may modify or set aside any order or decree made by the court in accordance with Section 78A-6-357.
Utah Code § 80-3-106 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-106
§ 80-3-106. Record of proceedings.
Status: in_force

(1) As used in this section: (a) "Record of a proceeding" does not include documentary materials of any type submitted to the juvenile court as part of the proceeding, including items submitted under Utah Rules of Juvenile Procedure, Rule 45. (b) "Subjects of the record" includes the child's attorney guardian ad litem, the child's guardian, the division, and any other party to the proceeding. (2) (a) Except as provided in Subsection (2)(b), the juvenile court shall take a verbatim record of the proceedings under this chapter, unless dispensed with by the juvenile court. (b) A juvenile court shall take a verbatim record of the proceedings in all cases under this chapter that might result in deprivation of custody. (3) Notwithstanding any other provision, including Title 63G, Chapter 2, Government Records Access and Management Act, the juvenile court shall release a record of a proceeding made under Subsection (2) to any person upon a finding on the record for good cause. (4) Following a petition for a record of a proceeding made under Subsection (2), the juvenile court shall: (a) provide notice to all subjects of the record that a request for release of the record has been made; and (b) allow sufficient time for the subjects of the record to respond before making a finding on the petition. (5) A record of a proceeding may not be released under this section if the juvenile court's jurisdiction over the subjects of the proceeding ended more than 12 months before the day on which the request is made.
Utah Code § 80-6-307 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-307
§ 80-6-307. Dispositional report required in minors' cases -- Exceptions.
Status: in_force

7/1/2026 (1) A juvenile probation officer, or other agency designated by the juvenile court, shall make a dispositional report in writing in all minors' cases in which a petition has been filed, except in cases involving violations of traffic laws or ordinances, violations of wildlife laws and boating laws, and other minor cases. (2) When preparing a dispositional report and recommendation in a minor's case, the juvenile probation officer, or other agency designated by the juvenile court, shall consider the juvenile disposition guidelines, as defined in Section 75E-4-101, and any other factors relevant to the disposition designated in the juvenile disposition guidelines. (3) Where the allegations of a petition filed under Section 80-6-305 are denied, the investigation may not be made until the juvenile court has made an adjudication.
Utah Code § 80-2-404 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-404
§ 80-2-404. Division volunteers -- Reimbursement.
Status: in_force

(1) The division may: (a) accept and use volunteer labor or services; (b) reimburse volunteers for necessary expenses, including transportation, and provide recognition awards and meals for services rendered; and (c) cooperate with volunteer organizations in collecting funds to be used in the volunteer program. (2) The funds donated under Section (1)(c) are considered private, nonlapsing funds until used by the division, and may be invested under guidelines established by the state treasurer.
Utah Code § 80-6-1004.2 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1004.2
§ 80-6-1004.2. Petition to expunge nonjudicial adjustment -- Order.
Status: in_force

(1) An individual may petition the juvenile court for an order to expunge the individual's juvenile record if: (a) the individual's juvenile record consists solely of nonjudicial adjustments; (b) the individual's juvenile record is not eligible for automatic expungement under Section 80-6-1004.5; and (c) the individual has reached 18 years old. (2) If the juvenile court finds and states on the record the reason why the waiver is appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a petition. (3) Except as provided in Subsection (4), the juvenile court shall grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record. (4) The juvenile court may not grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record if: (a) there are delinquency or criminal proceedings pending against the petitioner; or (b) the petitioner has not satisfied restitution that was a condition of a nonjudicial adjustment in the petitioner's juvenile record.
Utah Code § 80-3-402 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-402
§ 80-3-402. Adjudication hearing -- Dispositional hearing time deadlines -- Scheduling of review and permanency hearing.
Status: in_force

(1) If, at the adjudication hearing, the juvenile court finds, by clear and convincing evidence, that the allegations contained in the abuse, neglect, or dependency petition are true, the juvenile court shall conduct a dispositional hearing. (2) (a) If, at the adjudication hearing, a child remains in an out-of-home placement, the juvenile court shall: (i) make specific findings regarding the conditions of parent-time that are in the child's best interest; and (ii) if parent-time is denied, state the facts that justify the denial. (b) Parent-time shall be under the least restrictive conditions necessary to: (i) protect the physical safety of the child; or (ii) prevent the child from being traumatized by contact with the parent due to the child's fear of the parent in light of the nature of the alleged abuse or neglect. (c) (i) The division or the person designated by the division or a court to supervise a parent-time session may deny parent-time for the session if the division or the supervising person determines that, based on the parent's condition, it is necessary to deny parent-time to: (A) protect the physical safety of the child; (B) protect the life of the child; or (C) consistent with Subsection (2)(c)(ii), prevent the child from being traumatized by contact with the parent. (ii) In determining whether the condition of the parent described in Subsection (2)(c)(i) will traumatize a child, the division or the person supervising the parent-time session shall consider the impact that the parent's condition will have on the child in light of: (A) the child's fear of the parent; and (B) the nature of the alleged abuse or neglect. (3) The dispositional hearing may be held on the same date as the adjudication hearing, but shall be held no later than 30 calendar days after the day on which the adjudication hearing is held. (4) At the adjudication hearing or the dispositional hearing, the juvenile court shall schedule dates and times for: (a) the six-month periodic review; and (b) the permanency hearing. (5) If an abuse, neglect, or dependency petition is filed under this chapter and a petition for termination of parental rights is filed under Section 80-4-201, before the day on which a dispositional hearing is held on the abuse, neglect, or dependency petition, a party may request a hearing on whether reunification services are appropriate in accordance with the factors described in Subsections 80-3-406(5) and (7).
Utah Code § 80-2-709 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-709
§ 80-2-709. Division access to criminal background information for background screening and investigation.
Status: in_force

(1) The division shall have direct access to criminal background information maintained under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, for the purpose of: (a) background screening under this chapter, Chapter 2a, Removal and Protective Custody of a Child, or Chapter 3, Abuse, Neglect, and Dependency Proceedings, including background screening of an individual who has direct access, as defined in Section 26B-2-101, to a minor: (i) who is alleged to be or has been abused, neglected, or dependent; and (ii) for whom the division has an open case; or (b) investigation of abuse or neglect under this chapter, Chapter 2a, Removal and Protective Custody of a Child, or Chapter 3, Abuse, Neglect, and Dependency Proceedings. (2) Except as provided in Section 80-3-305, the division and the Office of Guardian Ad Litem are authorized to request the Department of Public Safety to conduct a complete Federal Bureau of Investigation criminal background check through the national criminal history system (NCIC).
Utah Code § 80-5-103 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-103
§ 80-5-103. Creation of division -- Jurisdiction.
Status: in_force

(1) There is created the Division of Juvenile Justice and Youth Services within the department. (2) The division shall be under the administration and supervision of the executive director of the department. (3) The division has jurisdiction over all minors committed to the division under Sections 80-6-703 and 80-6-705.
Utah Code § 80-5-303 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-303
§ 80-5-303. Report on the Juvenile Justice Reinvestment Restricted Account.
Status: in_force

No later than December 31 of each year, the division shall provide to the Criminal Justice Appropriations Subcommittee a written report of the division's activities under Subsection 80-5-202(1)(c) and Section 80-5-302, including: (1) for the report submitted in 2019, the formula used to calculate the savings from General Fund appropriations under Subsection 80-5-202(1)(c); (2) the amount of savings from General Fund appropriations calculated by the division for the previous fiscal year; (3) an accounting of the money expended or committed to be expended under Subsection 80-5-302(4); and (4) the balance of the account.
Utah Code § 80-6-901 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-901
§ 80-6-901. Definitions.
Status: in_force

As used in this part: (1) "Adult" means an individual who is 18 years old or older. (2) (a) "Gang activity" means any criminal activity that is conducted as part of an organized youth gang. (b) "Gang activity" includes any criminal activity that is done in concert with other gang members, or done alone if the criminal activity is to fulfill gang purposes. (c) "Gang activity" does not include graffiti. (3) "Minor" means an individual who is: (a) under 18 years old; or (b) 18 years old and still attending high school. (4) (a) "Minor offense" means any unlawful act that is a status offense or an offense that would be a misdemeanor, infraction, or violation of a municipal or county ordinance if committed by an adult. (b) "Minor offense" does not include: (i) a class A misdemeanor; or (ii) a felony of any degree. (5) "Sponsoring entity" means any political subdivision of the state, including a school or school district, juvenile court, law enforcement agency, prosecutor's office, county, city, or town. (6) "Status offense" means a violation of the law that would not be a violation but for the age of the offender. (7) "Youth court" means a diversion program that is an alternative disposition for cases involving minors who have committed minor offenses. (8) "Youth Court Board" means the board created under Subsection 80-6-907(1).
Utah Code § 80-6-304 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-304
§ 80-6-304. Nonjudicial adjustments. -- Requirement to seek legal counsel before declination.
Status: in_force

1/1/2027 (1) For a nonjudicial adjustment, the juvenile probation officer may require a minor to: (a) pay a financial penalty of no more than $250 to the juvenile court, subject to the terms established under Subsection (5); (b) pay restitution to any victim; (c) complete community or compensatory service; (d) attend counseling or treatment with an appropriate provider; (e) attend substance abuse treatment or counseling; (f) comply with specified restrictions on activities or associations; (g) attend victim-offender mediation if requested by the victim; and (h) comply with any other reasonable action that is in the interest of the minor, the community, or the victim. (2) (a) Within seven days of receiving a referral that appears to be eligible for a nonjudicial adjustment in accordance with Section 80-6-303.5, the juvenile probation officer shall provide an initial notice to reasonably identifiable and locatable victims of the offense contained in the referral. (b) The victim shall be responsible to provide to the juvenile probation officer upon request: (i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and out-of-pocket loss; (ii) documentation and evidence of compensation or reimbursement from an insurance company or an agency of the state, any other state, or the federal government received as a direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and (iii) proof of identification, including home and work address and telephone numbers. (c) The inability, failure, or refusal of the victim to provide all or part of the requested information shall result in the juvenile probation officer determining restitution based on the best information available. (3) The juvenile probation officer may not predicate acceptance of an offer of a nonjudicial adjustment on an admission of guilt. (4) (a) A minor may not decline to enter into a nonjudicial adjustment without first being advised of their right to consult with counsel, subject to the requirements of this section. (b) If a minor seeks to decline a nonjudicial adjustment, the juvenile probation officer shall inform the minor of: (i) the minor's right to consult with counsel; and (ii) the availability of resources for the minor to receive legal advice provided by the Office of Indigent Defense Services created in Section 75E-10-102. (c) If a minor seeks to decline a nonjudicial adjustment, and also declines to seek the advice of counsel after being informed as required under Subsection (4)(b), the juvenile probation officer shall: (i) sign an acknowledgment that the juvenile probation officer provided the minor with the information required by Subsection (4)(b); (ii) have the minor sign an acknowledgment that the minor received the information required by Subsection (4)(b) and knowingly and voluntarily declined to seek the advice of counsel; and (iii) permit the minor to decline the nonjudicial adjustment. (d) No provision of this section affects a court's obligation to ensure a minor's right to counsel if a petition is filed. (5) (a) The juvenile probation officer may not deny a minor an offer of a nonjudicial adjustment due to a minor's inability to pay a financial penalty under Subsection (1). (b) The juvenile probation officer shall base a fee, fine, or the restitution for a nonjudicial adjustment under Subsection (1) upon the ability of the minor's family to pay as determined by a statewide sliding scale developed in accordance with Section 75E-2-207. (6) (a) A nonjudicial adjustment may not extend for more than 90 days, unless a juvenile court judge extends the nonjudicial adjustment for an additional 90 days. (b) A juvenile court judge may extend a nonjudicial adjustment beyond the 180 days permitted under Subsection (6)(a): (i) for a minor who is: (A) offered a nonjudicial adjustment for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed before the minor was 12 years old; or (B) referred to a prosecuting attorney for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed before the minor was 12 years old; and (ii) the judge determines that: (A) the nonjudicial adjustment requires specific treatment for the sexual offense; (B) the treatment cannot be completed within 180 days after the day on which the minor entered into the nonjudicial adjustment; and (C) the treatment is necessary based on a clinical assessment that is developmentally appropriate for the minor. (c) If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection (6)(b), the judge may extend the nonjudicial adjustment until the minor completes the specific treatment, but the judge may only grant each extension for 90 days at a time. (7) If a minor violates Section 76-9-1106, the minor may be required to pay a fine or penalty and participate in a court-approved tobacco education program with a participation fee.1/1/2027 (1) For a nonjudicial adjustment, the juvenile probation officer may require a minor to: (a) pay a financial penalty of no more than $250 to the juvenile court, subject to the terms established under Subsection (5); (b) pay restitution to any victim; (c) complete community or compensatory service; (d) attend counseling or treatment with an appropriate provider; (e) attend substance abuse treatment or counseling; (f) comply with specified restrictions on activities or associations; (g) attend victim-offender mediation if requested by the victim; and (h) comply with any other reasonable action that is in the interest of the minor, the community, or the victim. (2) (a) Within seven days of receiving a referral that appears to be eligible for a nonjudicial adjustment in accordance with Section 80-6-303.5, the juvenile probation officer shall provide an initial notice to reasonably identifiable and locatable victims of the offense contained in the referral. (b) The victim shall be responsible to provide to the juvenile probation officer upon request: (i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and out-of-pocket loss; (ii) documentation and evidence of compensation or reimbursement from an insurance company or an agency of the state, any other state, or the federal government received as a direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and (iii) proof of identification, including home and work address and telephone numbers. (c) The inability, failure, or refusal of the victim to provide all or part of the requested information shall result in the juvenile probation officer determining restitution based on the best information available. (3) The juvenile probation officer may not predicate acceptance of an offer of a nonjudicial adjustment on an admission of guilt. (4) (a) A minor may not decline to enter into a nonjudicial adjustment without first being advised of their right to consult with counsel, subject to the requirements of this section. (b) If a minor seeks to decline a nonjudicial adjustment, the juvenile probation officer shall inform the minor of: (i) the minor's right to consult with counsel; and (ii) the availability of resources for the minor to receive legal advice provided by the Office of Indigent Defense Services created in Section 75E-10-102. (c) If a minor seeks to decline a nonjudicial adjustment, and also declines to seek the advice of counsel after being informed as required under Subsection (4)(b), the juvenile probation officer shall: (i) sign an acknowledgment that the juvenile probation officer provided the minor with the information required by Subsection (4)(b); (ii) have the minor sign an acknowledgment that the minor received the information required by Subsection (4)(b) and knowingly and voluntarily declined to seek the advice of counsel; and (iii) permit the minor to decline the nonjudicial adjustment. (d) No provision of this section affects a court's obligation to ensure a minor's right to counsel if a petition is filed. (5) (a) The juvenile probation officer may not deny a minor an offer of a nonjudicial adjustment due to a minor's inability to pay a financial penalty under Subsection (1). (b) The juvenile probation officer shall base a fee, fine, or the restitution for a nonjudicial adjustment under Subsection (1) upon the ability of the minor's family to pay as determined by a statewide sliding scale developed in accordance with Section 75E-2-207. (6) (a) A nonjudicial adjustment may not extend for more than 90 days, unless a juvenile court judge extends the nonjudicial adjustment for an additional 90 days. (b) A juvenile court judge may extend a nonjudicial adjustment beyond the 180 days permitted under Subsection (6)(a): (i) for a minor who is: (A) offered a nonjudicial adjustment for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed before the minor was 12 years old; or (B) referred to a prosecuting attorney for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed before the minor was 12 years old; and (ii) the judge determines that: (A) the nonjudicial adjustment requires specific treatment for the sexual offense; (B) the treatment cannot be completed within 180 days after the day on which the minor entered into the nonjudicial adjustment; and (C) the treatment is necessary based on a clinical assessment that is developmentally appropriate for the minor. (c) If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection (6)(b), the judge may extend the nonjudicial adjustment until the minor completes the specific treatment, but the judge may only grant each extension for 90 days at a time. (7) If a minor violates Section 76-9-1106, the minor may be required to pay a fine or penalty and participate in a court-approved tobacco education program with a participation fee.1/1/2027 (1) For a nonjudicial adjustment, the juvenile probation officer may require a minor to: (a) pay a financial penalty of no more than $250 to the juvenile court, subject to the terms established under Subsection (5); (b) pay restitution to any victim; (c) complete community or compensatory service; (d) attend counseling or treatment with an appropriate provider; (e) attend substance abuse treatment or counseling; (f) comply with specified restrictions on activities or associations; (g) attend victim-offender mediation if requested by the victim; and (h) comply with any other reasonable action that is in the interest of the minor, the community, or the victim. (2) (a) Within seven days of receiving a referral that appears to be eligible for a nonjudicial adjustment in accordance with Section 80-6-303.5, the juvenile probation officer shall provide an initial notice to reasonably identifiable and locatable victims of the offense contained in the referral. (b) The victim shall be responsible to provide to the juvenile probation officer upon request: (i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and out-of-pocket loss; (ii) documentation and evidence of compensation or reimbursement from an insurance company or an agency of the state, any other state, or the federal government received as a direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and (iii) proof of identification, including home and work address and telephone numbers. (c) The inability, failure, or refusal of the victim to provide all or part of the requested information shall result in the juvenile probation officer determining restitution based on the best information available. (3) The juvenile probation officer may not predicate acceptance of an offer of a nonjudicial adjustment on an admission of guilt. (4) (a) A minor may not decline to enter into a nonjudicial adjustment without first being advised of their right to consult with counsel, subject to the requirements of this section. (b) If a minor seeks to decline a nonjudicial adjustment, the juvenile probation officer shall inform the minor of: (i) the minor's right to consult with counsel; and (ii) the availability of resources for the minor to receive legal advice provided by the Office of Indigent Defense Services created in Section 75E-10-102. (c) If a minor seeks to decline a nonjudicial adjustment, and also declines to seek the advice of counsel after being informed as required under Subsection (4)(b), the juvenile probation officer shall: (i) sign an acknowledgment that the juvenile probation officer provided the minor with the information required by Subsection (4)(b); (ii) have the minor sign an acknowledgment that the minor received the information required by Subsection (4)(b) and knowingly and voluntarily declined to seek the advice of counsel; and (iii) permit the minor to decline the nonjudicial adjustment. (d) No provision of this section affects a court's obligation to ensure a minor's right to counsel if a petition is filed. (5) (a) The juvenile probation officer may not deny a minor an offer of a nonjudicial adjustment due to a minor's inability to pay a financial penalty under Subsection (1). (b) The juvenile probation officer shall base a fee, fine, or the restitution for a nonjudicial adjustment under Subsection (1) upon the ability of the minor's family to pay as determined by a statewide sliding scale developed in accordance with Section 75E-2-207. (6) (a) A nonjudicial adjustment may not extend for more than 90 days, unless a juvenile court judge extends the nonjudicial adjustment for an additional 90 days. (b) A juvenile court judge may extend a nonjudicial adjustment beyond the 180 days permitted under Subsection (6)(a): (i) for a minor who is: (A) offered a nonjudicial adjustment for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed before the minor was 12 years old; or (B) referred to a prosecuting attorney for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed before the minor was 12 years old; and (ii) the judge determines that: (A) the nonjudicial adjustment requires specific treatment for the sexual offense; (B) the treatment cannot be completed within 180 days after the day on which the minor entered into the nonjudicial adjustment; and (C) the treatment is necessary based on a clinical assessment that is developmentally appropriate for the minor. (c) If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection (6)(b), the judge may extend the nonjudicial adjustment until the minor completes the specific treatment, but the judge may only grant each extension for 90 days at a time. (7) If a minor violates Section 76-9-1106, the minor may be required to pay a fine or penalty and participate in a court-approved tobacco education program with a participation fee.
Utah Code § 80-6-1001.1 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1001.1
§ 80-6-1001.1. Court records -- Abstracts.
Status: in_force

(1) A court or agency with custody of an individual's record related to an offense that the individual is alleged to have committed, or an offense that the individual committed, before the individual was 18 years old may not disclose the record to a federal agency that is responsible for criminal justice research or proceedings unless the court or the agency is required to share the record under state or federal law. (2) An abstract of a record for a minor's adjudication of a traffic offense shall be submitted to the Department of Public Safety as provided in Section 53-3-218.
Utah Code § 80-3-110 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-110
§ 80-3-110. Consideration of cannabis during proceedings -- Drug testing.
Status: in_force

(1) As used in this section: (a) "Cannabis" means the same as that term is defined in Section 26B-4-201. (b) "Cannabis product" means the same as that term is defined in Section 26B-4-201. (c) (i) "Chronic" means repeated or patterned. (ii) "Chronic" does not mean an isolated incident. (d) "Directions of use" means the same as that term is defined in Section 26B-4-201. (e) "Dosing guidelines" means the same as that term is defined in Section 26B-4-201. (f) "Medical cannabis" means the same as that term is defined in Section 26B-4-201. (g) "Medical cannabis cardholder" means the same as that term is defined in Section 26B-4-201. (h) " Recommending medical provider" means the same as that term is defined in Section 26B-4-201. (2) In a proceeding under this chapter, in which the juvenile court makes a finding, determination, or otherwise considers an individual's medical cannabis card, medical cannabis recommendation from a recommending medical provider, or possession or use of medical cannabis, a cannabis product, or a medical cannabis device, the juvenile court may not consider or treat the individual's medical cannabis card, recommendation, possession, or use any differently than the lawful possession or use of any prescribed controlled substance if: (a) the individual's possession or use complies with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies; (b) the individual's possession or use complies with Subsection 58-37-404(2) or (3); or (c) (i) the individual's possession or use complies with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; and (ii) the individual reasonably complies with the directions of use and dosing guidelines determined by the individual's recommending medical provider or through a consultation described in Subsection 26B-4-230(5). (3) In a proceeding under this chapter, a child's parent's or guardian's use of cannabis or a cannabis product is not abuse or neglect of the child unless there is evidence showing that: (a) the child is harmed because of the child's inhalation or ingestion of cannabis, or because of cannabis being introduced to the child's body in another manner; or (b) the child is at an unreasonable risk of harm because of chronic inhalation or ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner. (4) Unless there is harm or an unreasonable risk of harm to the child as described in Subsection (3), in a child welfare proceeding under this chapter, a child's parent's or guardian's use of medical cannabis or a cannabis product is not contrary to the best interests of the child if: (a) for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's possession or use complies with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, and there is no evidence that the parent's or guardian's use of medical cannabis unreasonably deviates from the directions of use and dosing guidelines determined by the parent's or guardian's recommending medical provider or through a consultation described in Subsection 26B-4-230(5); or (b) before January 1, 2021, the parent's or guardian's possession or use complies with Subsection 58-37-404(2) or (3). (5) Subsection (3) does not prohibit a finding of abuse or neglect of a child, and Subsection (3) does not prohibit a finding that a parent's or guardian's use of medical cannabis or a cannabis product is contrary to the best interests of a child, if there is evidence showing a nexus between the parent's or guardian's use of cannabis or a cannabis product and behavior that would separately constitute abuse or neglect of the child. (6) (a) Except as provided in Subsection (6)(c), if an individual, who is party to a proceeding under this chapter, is ordered by the juvenile court to submit to drug testing, the individual may not be ordered to complete for drug testing by means of a hair, fingernail, or saliva test that is administered to detect the presence of drugs. (b) Except as provided in Subsection (6)(c), if an individual, who is party to a proceeding under this chapter, is referred by the division or a guardian ad litem for drug testing, the individual may not be referred for drug testing by means of a hair, fingernail, or saliva test that is administered to detect the presence of drugs. (c) Notwithstanding Subsections (6)(a) and (b), an individual who is party to a proceeding under this chapter: (i) may be ordered by the juvenile court to submit to drug testing by means of a saliva test, if the court finds that such testing is necessary in the circumstances; or (ii) may be referred by the division for drug testing by means of a saliva test if the individual consents to drug testing by means of a saliva test.
Utah Code § 80-6-1117 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1117
§ 80-6-1117. Financial arrangements.
Status: in_force

The compact administrator, subject to the approval of the Division of Finance, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into.
Utah Code § 80-6-1111 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1111
§ 80-6-1111. Article 10 -- Compacting states, effective date, and amendment.
Status: in_force

(1) Any state, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in Section 80-6-1103 is eligible to become a compacting state. (2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 states. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. (3) The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states and territories of the United States. (4) The commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
Utah Code § 80-2-605 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-605
§ 80-2-605. Physician removal of a child -- Reporting requirements.
Status: in_force

(1) Subject to Subsection (3), a physician examining or treating a child may take the child into custody, without the consent of the child's parent, guardian, or any other person responsible for the child's care or exercising temporary or permanent control over the child, if the physician has reason to believe that the child's life or safety will be in danger unless the child is taken into custody. (2) (a) Subject to Subsection (3), the person in charge of a hospital or similar medical facility may retain custody of a child taken into custody under Subsection (1) if the person reasonably believes the circumstances warrant retention of custody. (b) The person may take the action described in Subsection (2)(a) regardless of whether additional medical treatment is required for the child or the person responsible for the child's care requests the child's return. (3) Custody of a child under this section may not exceed 72 hours without an order of the juvenile court. (4) A person who takes a child into, or retains a child in, custody under this section shall: (a) immediately notify the division that the child is in the person's custody; and (b) document: (i) the grounds upon which the child was taken into, or retained in, custody; and (ii) the nature of, and necessity for, any medical care or treatment provided to the child.
Utah Code § 80-2-907 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-907
§ 80-2-907. Fulfillment of requirements under Interstate Compact.
Status: in_force

Requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under this chapter or Chapter 2a, Removal and Protective Custody of a Child, shall be deemed to be met if performed under an agreement entered into by appropriate officers or agencies of this state, or a subdivision thereof, as contemplated by Paragraph (2) of Article V of the Interstate Compact on the Placement of Children.
Utah Code § 80-2-201 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-201
§ 80-2-201. Creation of division.
Status: in_force

(1) There is created the Division of Child and Family Services within the department. (2) The division is under the administration and general supervision of the executive director of the department. (3) The division has all functions, powers, duties, rights, and responsibilities described in this chapter and Chapter 2a, Removal and Protective Custody of a Child, except those assumed by the department.
Utah Code § 80-2-802 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-802
§ 80-2-802. Division child placing and adoption services -- Restrictions on placement of a child.
Status: in_force

(1) Except as provided in Subsection (3), the division may provide adoption services and, as a licensed child-placing agency under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities, engage in child placing 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. (2) The division shall base the division's decision for placement of an adoptable child for adoption on the best interest of the adoptable child. (3) The division may not: (a) in accordance with Subsection 26B-2-127(7), place a child for adoption, either temporarily or permanently, with an individual who does not qualify for adoptive placement under Sections 81-13-202, 81-13-203, and 81-13-402; (b) consider a potential adoptive parent's willingness or unwillingness to enter a postadoption contact agreement under Section 81-13-216 as a condition of placing a child with a potential adoptive parent; or (c) except as required under the Indian Child Welfare Act, 25 U.S.C. Secs. 1901 through 1963, base the division's decision for placement of an adoptable child on the race, color, ethnicity, or national origin of either the child or the potential adoptive parent. (4) The division shall establish a rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing that, subject to Subsection (3) and Section 81-13-402, priority of placement shall be provided to a family in which a couple is legally married under the laws of the state. (5) Subsections (3) and (4) do not limit the placement of a child with the child's parent or relative or in accordance with the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq.
Utah Code § 80-3-111 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-111
§ 80-3-111. Interstate compact -- Relative placement.
Status: in_force

(1) 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: (a) the preferential consideration granted to a relative in Section 80-3-302; (b) the rebuttable presumption in Section 80-3-302; and (c) the division's placement authority under Subsections 80-1-102(51) and 80-3-303(1). (2) Nothing in this section affects the ability of a foster parent to petition the juvenile court under Subsection 80-3-502(3).
Utah Code § 80-4-402 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-402
§ 80-4-402. Hearing on petition to restore parental rights.
Status: in_force

(1) The juvenile court may restore a parent's parental rights if: (a) the child meets the requirements of Subsection 80-4-401(1); (b) considering the age and maturity of the child, the child consents to the restoration; (c) the former parent consents to the restoration; and (d) the juvenile court finds by clear and convincing evidence that restoration is in the best interest of the child. (2) In determining whether reunification under this section is appropriate and in the best interest of the child, the juvenile court shall consider: (a) whether the former parent has been sufficiently rehabilitated from the behavior that resulted in the termination of parental rights; (b) extended family support for the former parent; and (c) other material changes of circumstances, if any, that may have occurred that warrant the granting of the motion. (3) At the hearing on a petition to restore parental rights, if the former parent consents and if the juvenile court finds by clear and convincing evidence that it is in the best interest of the child, the juvenile court may: (a) allow contact between the former parent and the child, and describe the conditions under which contact may take place; (b) order that the child be placed with the former parent, in a temporary custody and guardianship relationship, to be reevaluated after the child has been placed with the former parent for six months; or (c) restore the parental rights of the parent. (4) If the juvenile court orders the child to be placed in the physical custody of the former parent under Subsection (3), the juvenile court shall specify in the order: (a) whether that custody is subject to: (i) continued evaluation by the court; or (ii) the supervision of the division; and (b) the terms and conditions of reunification.
Utah Code § 80-3-303 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-303
§ 80-3-303. Post-shelter hearing placement of a child in division's temporary custody.
Status: in_force

(1) If the juvenile court awards temporary custody of a child to the division under Section 80-3-302, or as otherwise permitted by law, the division shall determine ongoing placement of the child. (2) In placing a child under Subsection (1), the division: (a) except as provided in Subsections (2)(b) and (e), shall comply with the applicable background check provisions described in Section 80-3-302; (b) is not required to receive approval from the juvenile court before making the placement; (c) shall consider the preferential consideration and rebuttable presumption described in Subsection 80-3-302(7)(a); (d) shall, within three days, excluding weekends and holidays, after the day on which the placement is made, give written notice to the juvenile court, and the parties to the proceedings, that the placement has been made; (e) may place the child with a noncustodial parent, relative, or friend, using the same criteria established for an emergency placement under Section 80-2a-301, pending the results of: (i) the background check described in Subsection 80-3-302(13)(a); and (ii) evaluation with the noncustodial parent, relative, or friend to determine the individual's capacity to provide ongoing care to the child; and (f) shall take into consideration the will of the child, if the child is of sufficient maturity to articulate the child's wishes in relation to the child's placement. (3) If the division's placement decision differs from a child's express wishes and the child is of sufficient maturity to state the child's wishes in relation to the child's placement, the division shall: (a) make written findings explaining why the division's decision differs from the child's wishes; and (b) provide the written findings to the juvenile court and the child's attorney guardian ad litem. (4) (a) An objection by a party to a placement determination or an actual placement with a parent, relative, or friend that such placement is contrary to the best interest of the child shall be filed with the juvenile court. (b) An objection described in Subsection (4)(a) shall be resolved by the juvenile court: (i) for an objection to a placement determination or actual placement with a parent, within 15 days of the filing; or (ii) for an objection to a placement determination or actual placement with a relative or friend, within 30 days of the filing. (5) (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 § 80-6-1119 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1119
§ 80-6-1119. Responsibilities of state courts, departments, agencies, and officers.
Status: in_force

The courts, departments, agencies and officers of this state and this state's subdivisions shall enforce this compact and do all things appropriate to the effectuation of the compact's purposes and intent which may be within their respective jurisdictions.
Utah Code § 80-6-1101 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1101
§ 80-6-1101. Interstate Compact for Juveniles -- Execution of compact.
Status: in_force

(1) This part is known as the "Interstate Compact for Juveniles." (2) The governor is authorized and directed to execute a compact on behalf of this state with any other state or states substantially in the form of this part.
Utah Code § 80-6-806 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-806
§ 80-6-806. Parole revocation -- Hearing -- Procedures.
Status: in_force

(1) (a) The authority may only revoke the parole of a juvenile offender after a hearing and upon determination that there has been a violation of law or of a condition of parole by the juvenile offender that warrants the juvenile offender's return to secure care. (b) The parole revocation hearing shall be held at the secure care facility. (2) (a) Before returning a juvenile offender to secure care for a parole revocation or rescission hearing, the division shall provide a prerevocation or prerescission hearing within the vicinity of the alleged violation, to determine whether there is probable cause to believe that the juvenile offender violated the conditions of the juvenile offender's parole. (b) Upon a finding of probable cause, the juvenile offender may be remanded to secure care, pending a revocation hearing. (3) The authority shall only proceed with the parole revocation or rescission process in accordance with the system of appropriate responses developed in accordance with Section 80-6-607. (4) A paroled juvenile offender is entitled to legal representation at the parole revocation hearing, and if the juvenile offender or the juvenile offender's family has requested but cannot afford legal representation, the authority shall appoint legal counsel. (5) (a) A juvenile offender: (i) shall receive timely advance notice of the date, time, place, and reason for the hearing; and (ii) has the right to appear at the hearing. (b) The authority shall provide the juvenile offender an opportunity to be heard, to present witnesses and evidence, and to confront and cross-examine adverse witnesses, unless there is good cause for disallowing that confrontation. (6) Decisions in parole revocation or rescission hearings shall be reached by a majority vote of the present members of the authority. (7) (a) The authority may issue a warrant to order any peace officer or division employee to take into custody a juvenile offender alleged to be in violation of parole conditions in accordance with Section 80-6-607. (b) The division may issue a warrant to any peace officer or division employee to retake a juvenile offender who has escaped from secure care. (c) Based upon the warrant issued under this Subsection (7), a juvenile offender may be held in a local detention facility for no longer than 48 hours, excluding weekends and legal holidays, to allow time for a prerevocation or prerescission hearing of the alleged parole violation, or in the case of an escapee, arrangement for transportation to secure care.
Utah Code § 80-3-107 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-107
§ 80-3-107. Disclosure of records -- Record sharing.
Status: in_force

(1) (a) Except as provided in Subsections (1)(d) and (e), in an abuse, neglect, or dependency proceeding occurring after the commencement of a shelter hearing under Section 80-3-301, or the filing of an abuse, neglect, or dependency petition, each party to the proceeding shall provide in writing to any other party or the other party's counsel any information that the party: (i) plans to report to the juvenile court at the proceeding; or (ii) could reasonably expect would be requested of the party by the juvenile court at the proceeding. (b) A party providing the disclosure required under Subsection (1)(a) shall make the disclosure: (i) for a dispositional hearing under Part 4, Adjudication, Disposition, and Permanency, no less than five days before the day on which the dispositional hearing is held; and (ii) for all other proceedings, no less than five days before the day on which the proceeding is held. (c) The division shall notify each party to the proceeding when the division files a court report or a child and family plan, described in Section 80-3-307. (d) If a party to a proceeding obtains information after the deadline described in Subsection (1)(b), the information is exempt from the disclosure required under Subsection (1)(a) if the party certifies to the juvenile court that the information was obtained after the deadline. (e) Subsection (1)(a) does not apply to: (i) pretrial hearings; and (ii) the frequent, periodic review hearings held in a dependency drug court case to assess and promote the parent's progress in substance use disorder treatment. (2) (a) Except as provided in Subsection (2)(b), and notwithstanding any other provision of law: (i) counsel for all parties to the action shall be given access to all records, maintained by the division or any other state or local public agency, that are relevant to the abuse, neglect, or dependency proceeding under this chapter; and (ii) if the parent of a child is not represented by counsel, the parent shall have access to the records described in Subsection (2)(a)(i). (b) The disclosures described in Subsection (2)(a) are not required if: (i) subject to Subsection (2)(c), the division or other state or local public agency did not originally create the record being requested; (ii) disclosure of the record would jeopardize the life or physical safety of a child who has been a victim of abuse or neglect, or any individual who provided substitute care for the child; (iii) disclosure of the record would jeopardize the anonymity of the individual making the initial report of abuse or neglect or any others involved in the subsequent investigation; (iv) disclosure of the record would jeopardize the life or physical safety of an individual who has been a victim of domestic violence; or (v) the record is a Children's Justice Center interview, including a video or audio recording, and a transcript of the recording, the release of which is governed by Section 77-37-4. (c) If a disclosure is denied under Subsection (2)(b)(i), the division shall inform the individual making the request: (i) of the existence of all records in the possession of the division or any other state or local public agency; (ii) of the name and address of the individual or agency that originally created the record; and (iii) that the individual making the request shall seek access to the record from the individual or agency that originally created the record.
Utah Code § 80-3-207 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-207
§ 80-3-207. Modification of petition -- Continuance.
Status: in_force

(1) When it appears in a proceeding under this chapter that evidence presented points to material facts not alleged in the abuse, neglect, or dependency petition, the juvenile court may consider the additional or different matters raised by the evidence if the parties consent. (2) The juvenile court on motion of any interested party, or on the juvenile court's own motion, shall direct that the abuse, neglect, or dependency petition be amended to conform to the evidence described in Subsection (1). (3) If the amendment described in Subsection (2) results in a substantial departure from the facts originally alleged in the abuse, neglect, or dependency petition, the juvenile court shall grant a continuance as justice may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.
Utah Code § 80-3-409 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-409
§ 80-3-409. Permanency hearing -- Final plan -- Petition for termination of parental rights filed -- Hearing on termination of parental rights.
Status: in_force

(1) (a) If reunification services are ordered under Section 80-3-406, with regard to a minor who is in the custody of the division, the juvenile court shall hold a permanency hearing no later than 12 months after the day on which the minor is initially removed from the minor's home. (b) If reunification services are not ordered at the dispositional hearing, the juvenile court shall hold a permanency hearing within 30 days after the day on which the dispositional hearing ends. (2) (a) If reunification services are ordered in accordance with Section 80-3-406, the juvenile court shall, at the permanency hearing, determine, consistent with Subsection (3), whether the minor may safely be returned to the custody of the minor's parent. (b) If the juvenile court finds, by a preponderance of the evidence, that return of the minor to the minor's parent would create a substantial risk of detriment to the minor's physical or emotional well-being, the minor may not be returned to the custody of the minor's parent. (c) Prima facie evidence that return of the minor to a parent or guardian would create a substantial risk of detriment to the minor is established if: (i) the parent or guardian fails to: (A) participate in a court approved child and family plan; (B) comply with a court approved child and family plan in whole or in part; or (C) meet the goals of a court approved child and family plan; or (ii) the minor's parent: (A) intentionally, knowingly, or recklessly causes the death of another parent of the minor; (B) is identified by a law enforcement agency as the primary suspect in an investigation for intentionally, knowingly, or recklessly causing the death of another parent of the minor; or (C) is being prosecuted for or has been convicted of intentionally, knowingly, or recklessly causing the death of another parent of the minor. (3) In making a determination under Subsection (2)(a), the juvenile court shall: (a) review and consider: (i) the report prepared by the division; (ii) in accordance with the Utah Rules of Evidence, any admissible evidence offered by the minor's attorney guardian ad litem; (iii) any report submitted by the division under Subsection 80-3-408(3)(a)(i); (iv) any evidence regarding the efforts or progress demonstrated by the parent; and (v) the extent to which the parent cooperated and used the services provided; and (b) attempt to keep the minor's sibling group together if keeping the sibling group together is: (i) practicable; and (ii) in accordance with the best interest of the minor. (4) With regard to a case where reunification services are ordered by the juvenile court, if a minor is not returned to the minor's parent or guardian at the permanency hearing, the juvenile court shall, unless the time for the provision of reunification services is extended under Subsection (7): (a) order termination of reunification services to the parent; (b) make a final determination regarding whether termination of parental rights, adoption, or permanent custody and guardianship is the most appropriate final plan for the minor, taking into account the minor's primary permanency plan established by the juvenile court under Section 80-3-406; and (c) in accordance with Subsection 80-3-406(2), establish a concurrent permanency plan that identifies the second most appropriate final plan for the minor, if appropriate. (5) The juvenile court may order another planned permanent living arrangement other than reunification for a minor who is 16 years old or older upon entering the following findings: (a) the division has documented intensive, ongoing, and unsuccessful efforts to reunify the minor with the minor's parent or parents, or to secure a placement for the minor with a guardian, an adoptive parent, or an individual described in Subsection 80-3-301(6)(e); (b) the division has demonstrated that the division has made efforts to normalize the life of the minor while in the division's custody, in accordance with Section 80-2-308; (c) the minor prefers another planned permanent living arrangement; and (d) there is a compelling reason why reunification or a placement described in Subsection (5)(a) is not in the minor's best interest. (6) Except as provided in Subsection (7), the juvenile court may not extend reunification services beyond 12 months after the day on which the minor is initially removed from the minor's home, in accordance with the provisions of Section 80-3-406. (7) (a) Subject to Subsection (7)(b), the juvenile court may extend reunification services for no more than 90 days if the juvenile court finds, by a preponderance of the evidence, that: (i) there has been substantial compliance with the child and family plan; (ii) reunification is probable within that 90-day period; and (iii) the extension is in the best interest of the minor. (b) (i) Except as provided in Subsection (7)(c), the juvenile court may not extend any reunification services beyond 15 months after the day on which the minor is initially removed from the minor's home. (ii) Delay or failure of a parent to establish paternity or seek custody does not provide a basis for the juvenile court to extend services for the parent beyond the 12-month period described in Subsection (6). (c) In accordance with Subsection (7)(d), the juvenile court may extend reunification services for one additional 90-day period, beyond the 90-day period described in Subsection (7)(a), if: (i) the juvenile court finds, by clear and convincing evidence, that: (A) the parent has substantially complied with the child and family plan; (B) it is likely that reunification will occur within the additional 90-day period; and (C) the extension is in the best interest of the minor; (ii) the juvenile court specifies the facts upon which the findings described in Subsection (7)(c)(i) are based; and (iii) the juvenile court specifies the time period in which it is likely that reunification will occur. (d) A juvenile court may not extend the time period for reunification services without complying with the requirements of this Subsection (7) before the extension. (e) In determining whether to extend reunification services for a minor, a juvenile court shall take into consideration the status of the minor siblings of the minor. (8) (a) At the permanency hearing, 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 (8)(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 (8)(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. (9) The juvenile court may, in the juvenile court's discretion: (a) enter any additional order that the juvenile court determines to be in the best interest of the minor, so long as that order does not conflict with the requirements and provisions of Subsections (4) through (8); or (b) order the division to provide protective supervision or other services to a minor and the minor's family after the division's custody of a minor is terminated. (10) (a) If the final plan for the minor is to proceed toward termination of parental rights, the petition for termination of parental rights shall be filed, and a pretrial held, within 45 calendar days after the day on which the permanency hearing is held. (b) If the division opposes the plan to terminate parental rights, the juvenile court may not require the division to file a petition for the termination of parental rights, except as required under Subsection 80-4-203(2). (11) (a) Any party to an action may, at any time, petition the juvenile court for an expedited permanency hearing on the basis that continuation of reunification efforts are inconsistent with the permanency needs of the minor. (b) If the juvenile court so determines, the juvenile court shall order, in accordance with federal law, that: (i) the minor be placed in accordance with the permanency plan; and (ii) whatever steps are necessary to finalize the permanent placement of the minor be completed as quickly as possible. (12) Nothing in this section may be construed to: (a) entitle any parent to reunification services for any specified period of time; (b) limit a juvenile court's ability to terminate reunification services at any time before a permanency hearing; or (c) limit or prohibit the filing of a petition for termination of parental rights by any party, or a hearing on termination of parental rights, at any time before a permanency hearing provided that relative placement and custody options have been fairly considered in accordance with Sections 80-2a-201 and 80-4-104. (13) (a) Subject to Subsection (13)(b), if a petition for termination of parental rights is filed before the date scheduled for a permanency hearing, the juvenile court may consolidate the hearing on termination of parental rights with the permanency hearing. (b) For purposes of Subsection (13)(a), if the juvenile court consolidates the hearing on termination of parental rights with the permanency hearing: (i) the juvenile court shall first make a finding regarding whether reasonable efforts have been made by the division to finalize the permanency plan for the minor; and (ii) any reunification services shall be terminated in accordance with the time lines described in Section 80-3-406. (c) The juvenile court shall make a decision on a petition for termination of parental rights within 18 months after the day on which the minor is initially removed from the minor's home. (14) (a) If a juvenile court determines that a minor will not be returned to a parent of the minor, the juvenile court shall consider appropriate placement options inside and outside of the state. (b) In considering appropriate placement options under Subsection (14)(a), the juvenile court shall provide preferential consideration to a relative's request for placement of the minor. (15) (a) In accordance with Section 80-3-108, if a minor 14 years old or older desires an opportunity to address the juvenile court or testify regarding permanency or placement, the juvenile court shall give the minor's wishes added weight, but may not treat the minor's wishes as the single controlling factor under this section. (b) If the juvenile court's decision under this section differs from a minor's express wishes if the minor is of sufficient maturity to articulate the wishes in relation to permanency or the minor's placement, the juvenile court shall make findings explaining why the juvenile court's decision differs from the minor's wishes. (16) (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 § 80-2a-303 — Utah Code / Title 80 / Chapter 80-2a / § 80-2a-303
§ 80-2a-303. Child missing from division custody -- Placement after locating child.
Status: in_force

(1) If the division receives information that a child in the protective custody, temporary custody, or custody of the division is missing, has been abducted, or has run away, the division shall: (a) within 24 hours after the time when the division has reason to believe that the information that the child is missing, has been abducted, or has run away is accurate, notify the National Center for Missing and Exploited Children; and (b) pursue a warrant under Subsection 80-2a-202(6). (2) If the division locates a child described in Subsection (1), the division shall: (a) determine the primary factors that caused or contributed to the child's absence from care; (b) determine the child's experiences while absent from care, including screening the child to determine if the child is a sex trafficking victim; (c) to the extent possible, select a placement for the child that accommodates the child's needs and takes into consideration the factors and experiences described in Subsections (2)(a) and (b); and (d) follow the requirements in Section 80-3-303 for determining an ongoing placement of the child.
Utah Code § 80-2-503 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-503
§ 80-2-503. Division contracts for prevention and treatment of child abuse and neglect -- Requirements -- Public hearing -- Funding provided by contractor.
Status: in_force

7/1/2026 (1) (a) The Legislature finds that there is a need to assist private and public agencies in identifying and establishing community-based education, service, and treatment programs to prevent the occurrence and recurrence of abuse and neglect. (b) It is the purpose of this section to provide a means to increase prevention and treatment programs designed to reduce the occurrence or recurrence of child abuse and neglect. (2) The division shall contract with public or private nonprofit organizations, agencies, or schools, or with qualified individuals to establish voluntary community-based educational and service programs designed to reduce or prevent the occurrence or recurrence of abuse and neglect. (3) (a) A program that the division contracts with under this section shall provide voluntary primary abuse and neglect prevention, and voluntary or court-ordered treatment services. (b) A program described in Subsection (3)(a) includes: (i) a program related to prenatal care, perinatal bonding, child growth and development, basic child care, care of children with special needs, and coping with family stress; (ii) a program related to crisis care, aid to parents, abuse counseling, support groups for abusive or potentially abusive parents and abusive parents' children, and early identification of families where the potential for abuse and neglect exists; (iii) a program clearly designed to prevent the occurrence or recurrence of abuse, neglect, sexual abuse, sexual exploitation, or medical or educational neglect; (iv) a program that the division and council consider potentially effective in reducing the incidence of family problems leading to abuse or neglect; and (v) a program designed to establish and assist community resources that prevent abuse and neglect. (4) The division shall: (a) consult with appropriate state agencies, commissions, and boards to help determine the probable effectiveness, fiscal soundness, and need for proposed education and service programs for the prevention and treatment of abuse and neglect; (b) develop policies to determine whether a program will be discontinued or receive continuous funding; (c) facilitate the exchange of information between and among groups concerned with families and children; (d) establish flexible fees and fee schedules based on the recipient's ability to pay for part or all of the costs of service received; (e) before awarding a contract for an abuse or neglect prevention or treatment program or service: (i) conduct a public hearing to receive public comment on the program or service and ensure the council conducted a public hearing on the program or service in accordance with Subsection (6); (ii) if the program or service is intended for presentation in public schools, receive evidence that the program or service is approved by the local board of education of each school district that will be utilizing the program or service, or under the direction of the local board of education, the state superintendent; and (iii) consider need, diversity of geographic locations, the program's or services' coordination with or enhancement of existing services, and the program's or services' extensive use of volunteers; (f) award a contract under this section for services to prevent abuse and neglect on the basis of probability of success, based in part on sound research data; and (g) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to carry out the purposes of this section. (5) The division may: (a) require that 25% of the funding for a program contracted for under this section be provided by the contractor operating the program; and (b) consider a contribution of materials, supplies, or physical facilities as all or part of the funding provided by the contractor under Subsection (5)(a). (6) The council shall conduct a public hearing to receive public comment on the program or service before the division may enter into a contract under this section. (7) A contract entered into under this section shall contain a provision for the evaluation of services provided under the contract. (8) Contract funds awarded under this section for the treatment of victims of abuse or neglect are not a collateral source as defined in Section 75E-5-101.7/1/2026 (1) (a) The Legislature finds that there is a need to assist private and public agencies in identifying and establishing community-based education, service, and treatment programs to prevent the occurrence and recurrence of abuse and neglect. (b) It is the purpose of this section to provide a means to increase prevention and treatment programs designed to reduce the occurrence or recurrence of child abuse and neglect. (2) The division shall contract with public or private nonprofit organizations, agencies, or schools, or with qualified individuals to establish voluntary community-based educational and service programs designed to reduce or prevent the occurrence or recurrence of abuse and neglect. (3) (a) A program that the division contracts with under this section shall provide voluntary primary abuse and neglect prevention, and voluntary or court-ordered treatment services. (b) A program described in Subsection (3)(a) includes: (i) a program related to prenatal care, perinatal bonding, child growth and development, basic child care, care of children with special needs, and coping with family stress; (ii) a program related to crisis care, aid to parents, abuse counseling, support groups for abusive or potentially abusive parents and abusive parents' children, and early identification of families where the potential for abuse and neglect exists; (iii) a program clearly designed to prevent the occurrence or recurrence of abuse, neglect, sexual abuse, sexual exploitation, or medical or educational neglect; (iv) a program that the division and council consider potentially effective in reducing the incidence of family problems leading to abuse or neglect; and (v) a program designed to establish and assist community resources that prevent abuse and neglect. (4) The division shall: (a) consult with appropriate state agencies, commissions, and boards to help determine the probable effectiveness, fiscal soundness, and need for proposed education and service programs for the prevention and treatment of abuse and neglect; (b) develop policies to determine whether a program will be discontinued or receive continuous funding; (c) facilitate the exchange of information between and among groups concerned with families and children; (d) establish flexible fees and fee schedules based on the recipient's ability to pay for part or all of the costs of service received; (e) before awarding a contract for an abuse or neglect prevention or treatment program or service: (i) conduct a public hearing to receive public comment on the program or service and ensure the council conducted a public hearing on the program or service in accordance with Subsection (6); (ii) if the program or service is intended for presentation in public schools, receive evidence that the program or service is approved by the local board of education of each school district that will be utilizing the program or service, or under the direction of the local board of education, the state superintendent; and (iii) consider need, diversity of geographic locations, the program's or services' coordination with or enhancement of existing services, and the program's or services' extensive use of volunteers; (f) award a contract under this section for services to prevent abuse and neglect on the basis of probability of success, based in part on sound research data; and (g) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to carry out the purposes of this section. (5) The division may: (a) require that 25% of the funding for a program contracted for under this section be provided by the contractor operating the program; and (b) consider a contribution of materials, supplies, or physical facilities as all or part of the funding provided by the contractor under Subsection (5)(a). (6) The council shall conduct a public hearing to receive public comment on the program or service before the division may enter into a contract under this section. (7) A contract entered into under this section shall contain a provision for the evaluation of services provided under the contract. (8) Contract funds awarded under this section for the treatment of victims of abuse or neglect are not a collateral source as defined in Section 75E-5-101.
Utah Code § 80-3-501 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-501
§ 80-3-501. Placement in a qualified residential treatment program -- Review hearings.
Status: in_force

(1) As used in this section: (a) "Qualified individual" means the same as that term is defined in 42 U.S.C. Sec. 675a. (b) "Qualified residential treatment program" means the same as that term is defined in 42 U.S.C. Sec. 672. (2) Within 60 days of the day on which a minor is placed in a qualified residential treatment program under this chapter or Chapter 6, Juvenile Justice, the juvenile court shall: (a) review the assessment, determination, and documentation made by a qualified individual regarding the minor; (b) determine whether the needs of the minor can be met through placement in a foster home; (c) if the minor's needs cannot be met through placement in a foster home, determine whether: (i) placement of the minor in a qualified residential treatment program provides the most effective and appropriate level of care for the minor in the least restrictive environment; and (ii) placement in a qualified residential treatment program is consistent with the short-term and long-term goals for the minor, as specified in the permanency plan for the minor; and (d) approve or disapprove of the minor's placement in a qualified residential treatment program. (3) As long as a minor remains placed in a qualified residential treatment program, the juvenile court shall review the placement decision at each subsequent review and permanency hearing held with respect to the minor. (4) When the juvenile court conducts a review described in Subsection (3), the juvenile court shall review evidence submitted by the custodial division to: (a) demonstrate an ongoing assessment of the strengths and needs of the minor such that the minor's needs cannot be met through placement in a foster home; (b) demonstrate that placement in a qualified residential treatment program provides the most effective and appropriate level of care for the minor in the least restrictive environment; (c) demonstrate that placement in the qualified residential treatment program is consistent with the short-term and long-term goals for the minor, as specified by the permanency plan for the minor; (d) document the specific treatment or service needs that will be met for the minor in the placement; (e) document the length of time the minor is expected to need the treatment or services; and (f) document the efforts made by the custodial division to prepare the minor to return home or transition to another setting, such as with a relative, with a friend of the minor, with a guardian, with an adoptive parent, a foster home, or independent living.
Utah Code § 80-5-304 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-304
§ 80-5-304. Income and finances for minors in the custody of the division.
Status: in_force

7/1/2026 (1) If a minor is committed to the custody of the division, the division may establish: (a) an account for the minor that is administered by the division; or (b) a joint account for the minor and the division at a federally insured financial institution. (2) The division may: (a) collect funds earned or received by a minor; and (b) place the funds earned or received by the minor into an account described in Subsection (1). (3) The division may: (a) only use funds placed in an account described in Subsection (1) for the minor, including using the funds to pay restitution, victim compensation, fines, alimony, support payments, cost of care, or similar court-ordered payments owed by the minor; and (b) provide the minor with any funds remaining in an account described in Subsection (1) upon the minor's transition and termination from the custody of the division. (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules to establish the administration of accounts and finances for minors in the custody of the division.
Utah Code § 80-5-702 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-702
§ 80-5-702. Member qualifications -- Expenses.
Status: in_force

(1) As used in this section, "member" means both a part-time member and a pro tempore member of the authority. (2) (a) Except as required by Subsection (2)(b), the governor, with the advice and consent of the Senate, shall appoint or reappoint members to four-year terms. (b) The governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of members are staggered so that approximately half of the authority is appointed every two years. (3) A member shall have training or experience in social work, law, juvenile or criminal justice, or related behavioral sciences. (4) When a vacancy occurs in the membership for any reason, the governor shall, with the advice and consent of the Senate, appoint a replacement for the unexpired term. (5) During the tenure of the member's appointment, a member may not: (a) be an employee of the department, other than in the member's capacity as a member of the authority; (b) hold any public office; (c) hold any position in the state's juvenile justice system; or (d) be an employee, officer, advisor, policy board member, or subcontractor of any juvenile justice agency or the juvenile justice agency's contractor. (6) In extraordinary circumstances or when a regular member is absent or otherwise unavailable, the chair may assign a pro tempore member to act in the absent member's place. (7) A member may not receive compensation or benefits for the member's service but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.
Utah Code § 80-6-1001 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1001
§ 80-6-1001. Definitions.
Status: in_force

As used in this part: (1) "Abstract" means a copy or summary of a court's disposition. (2) (a) "Agency" means a state, county, or local government entity that generates or maintains records for which expungement may be ordered under this part. (b) "Agency" includes a local education agency, as defined in Section 53E-1-102, for purposes of this part. (3) (a) "Expunge" means to remove a juvenile record from public inspection by: (i) sealing the juvenile record; or (ii) restricting or denying access to the juvenile record. (b) "Expunge" does not include the destruction of a juvenile record. (4) (a) "Juvenile record" means all records for all incidents of delinquency involving an individual that are in the custody of the juvenile court or an agency. (b) "Juvenile record" does not include a record of an adjudication under Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Chapter 4, Termination and Restoration of Parental Rights. (5) "Petitioner" means an individual requesting an expungement or vacatur under this part.
Utah Code § 80-2-504 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-504
§ 80-2-504. Definitions -- Federal benefits for minors in the custody of the department -- Financial training -- Rulemaking -- Reporting.
Status: in_force

(1) As used in this section: (a) "ABLE account" means an Achieving a Better Life Experience program account. (b) "Custody of the department" means the legal custody of the department. (c) "Department" means the same as that term is defined in Section 80-1-102, or one of the department's divisions, offices, or institutions. (d) "Federal benefit" means a benefit administered by the United States Social Security Administration, the United States Department of Veterans Affairs, or the United States Railroad Retirement Board. (e) "Maintenance cost" means a payment to a foster parent, kin, or other caregiver for the costs of providing a minor with food, clothing, housing, daily supervision, personal incidentals, and transportation. (f) "Minor beneficiary" means a minor: (i) who is in the legal custody of the department; and (ii) for whom the department receives or manages a federal benefit. (g) "Representative payee" means a person appointed by a federal agency to manage a benefit the federal agency provides to a minor. (2) (a) Within 60 days after a minor is placed in the custody of the department, the department shall determine whether the minor is receiving or may be eligible for any federal benefit. (b) If the department determines that a minor in the custody of the department is eligible or may be eligible for a federal benefit, the department shall apply for the benefit on the minor's behalf. (c) After any material change in the circumstances of a minor in the custody of the department that could affect the minor's potential eligibility for federal benefits, the department shall reevaluate whether the minor may be eligible for any federal benefit and, if the department determines that the minor is eligible or may be eligible for a federal benefit, the department shall apply for the benefit on the minor's behalf. (3) (a) The department shall apply to become and may accept an appointment to serve as the representative payee for a minor in the custody of the department. (b) For a minor beneficiary in the custody of the department for whom the department has been appointed as the representative payee, the department shall annually review whether it is in the best interest of the minor beneficiary for someone other than the department to apply to assume the role of representative payee. (4) (a) The department shall establish a separate account for each minor beneficiary into which the minor beneficiary's benefit shall be deposited. (b) Unless good cause, as defined in rules adopted in accordance with Subsection (6), exists to use a different type of account, if a minor beneficiary is eligible for an ABLE account the department shall use an ABLE account as the account into which the minor beneficiary's benefit shall be deposited. (c) If good cause exists to not use an ABLE account for a minor beneficiary, or if a minor beneficiary is not eligible for an ABLE account, the department shall determine and use the type of account that will best preserve the minor beneficiary's benefit, which may include: (i) a 529 savings account, as that term is defined in Section 35A-9-601; (ii) a special needs trust; or (iii) another type of tax-advantaged account that the department can administer in compliance with the requirements described in Subsection (4)(d). (d) The department shall administer each minor beneficiary's account: (i) in the best interest of the minor beneficiary for whom the account is established; (ii) in accordance with the provisions of this section; (iii) consistent with the department's fiduciary duties; and (iv) in a manner that does not interfere with asset limitations for any state or federal benefit program for which the minor beneficiary is or may be eligible. (e) As permitted by, and unless otherwise required by the source of the benefit: (i) the department may expend up to 25% of a federal benefit deposited into a minor beneficiary's account established in accordance with Subsection (4)(a) for maintenance costs; and (ii) the department shall conserve or invest the balance of a minor beneficiary's federal benefit that is not expended for maintenance costs. (f) The department shall provide an annual statement to each minor beneficiary and the minor beneficiary's guardian ad litem, if applicable, detailing each receipt and disbursement involving funds deposited on the minor beneficiary's behalf. (5) (a) Unless otherwise directed by the source of the benefit, the department shall transfer a minor beneficiary's account to the minor, the minor's parent or guardian, a successor payee, or otherwise as required by the source of the balance, when the department's custody over the minor is terminated. (b) When transferring an account in accordance with Subsection (5)(a), the department shall seek to and take all necessary steps to transfer the minor beneficiary's account directly to the minor, the minor's parent or guardian, including requesting any necessary authorization for the direct transfer from the source of the benefit. (c) At the time the department transfers the minor beneficiary's account in accordance with Subsection (5)(a), the department shall offer financial literacy training to the minor or the successor payee. (d) The department may work with other state agencies, departments, or offices to provide the training described in Subsection (5)(c). (6) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the requirements of this section and to provide for the accounting and protection of federal benefits for minor beneficiaries in the division's custody, including: (a) criteria for the preservation and disbursement of a minor beneficiary's federal benefits; (b) defining what constitutes good cause for the use of an account other than an ABLE account, as described in Subsection (4)(b); (c) safeguards to prevent the mismanagement of and protect against theft, loss, or misappropriation of minor beneficiary's federal benefits; and (d) policies and procedures to ensure compliance with federal regulations. (7) On or before September 1 each year, the department shall provide a report to the Health and Human Services Interim Committee that includes, for the preceding fiscal year: (a) the number of minor beneficiaries in the custody of the department who received federal benefits; (b) the types of federal benefits received by minor beneficiaries in the custody of the department; (c) a description of the department's policies or procedures for managing minor beneficiaries' federal benefits in accordance with the requirements of this section; and (d) the total amount of federal benefits received and expended on behalf of minor beneficiaries in the custody of the department.
Utah Code § 80-6-104 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-104
§ 80-6-104. Data collection on offenses committed by minors -- Reporting requirement.
Status: in_force

7/1/2026 (1) As used in this section: (a) "Diversion" means: (i) an agreement between an individual and a juvenile probation officer that results in the resolution of a referral for an offense before a petition is filed; or (ii) an agreement between an individual and a prosecuting attorney that results in the dismissal of charges for an offense before a conviction. (b) "Firearm" means the same as that term is defined in Section 76-11-101. (c) "Firearm-related offense" means a criminal offense involving a firearm. (d) "Juvenile recidivism" means a diversion, adjudication, or conviction of an individual for an offense within six months, one year, two years, and three years after the day on which: (i) the individual accepted a nonjudicial adjustment; or (ii) the juvenile court ordered a disposition for the individual resulting in secure care, community-based placement, formal probation, or intake probation. (e) "School" means the same as that term is defined in Section 80-6-103. (f) "School-based offense" means any infraction, misdemeanor, or felony offense that occurs at school when school is in session, at the location of a school-sponsored activity during the activity, or on school district transportation, including a school bus. (g) "School-based referral" means the referral of a minor under Section 53G-8-211 for a school-based offense. (h) "School-based recidivism" means a diversion, adjudication, or conviction of an individual for a school-based offense within six months, one year, two years, and three years after the day on which: (i) the individual accepted a nonjudicial adjustment for a school-based offense; or (ii) the juvenile court ordered a disposition for the individual resulting in secure care, community-based placement, formal probation, or intake probation. (i) "School is in session" means the same as that term is defined in Section 53E-3-516. (j) "School-sponsored activity" means the same as that term is defined in Section 53E-3-516. (2) Before July 1 of each year, the Administrative Office of the Courts shall submit the following data to the department, broken down by judicial district, for the preceding calendar year: (a) the number of referrals to the juvenile court; (b) the number of minors diverted to a nonjudicial adjustment; (c) the number of minors that satisfy the conditions of a nonjudicial adjustment; (d) the number of minors for whom a petition for an offense is filed in the juvenile court; (e) the number of minors for whom an information is filed in the juvenile court; (f) the number of minors bound over to the district court by the juvenile court; (g) the number of petitions for offenses committed by minors that were dismissed by the juvenile court; (h) the number of adjudications in the juvenile court for offenses committed by minors; (i) the number of guilty pleas entered into by minors in the juvenile court; (j) the number of dispositions resulting in secure care, community-based placement, formal probation, and intake probation; and (k) for each minor charged in the juvenile court with a firearm-related offense: (i) the minor's age at the time the offense was committed or allegedly committed; (ii) the minor's zip code at the time that the offense was referred to the juvenile court; (iii) whether the minor is a restricted person under Subsection 76-11-302(4) or 76-11-303(4); (iv) the type of offense for which the minor is charged; (v) the outcome of the minor's case in juvenile court, including whether the minor was bound over to the district court or adjudicated by the juvenile court; and (vi) if a disposition was entered by the juvenile court, whether the disposition resulted in secure care, community-based placement, formal probation, or intake probation. (3) The department shall track the disposition of a case resulting from a firearm-related offense committed, or allegedly committed, by a minor when the minor is found in possession of a firearm while school is in session or during a school-sponsored activity. (4) In collaboration with the Administrative Office of the Courts, the division, and other agencies, the department shall collect data for the preceding calendar year on: (a) the length of time that minors spend in the juvenile justice system, including the total amount of time minors spend under juvenile court jurisdiction, on community supervision, and in each out-of-home placement; (b) juvenile recidivism, including tracking minors into the adult corrections system; (c) school-based recidivism; (d) school-based referrals; (e) changes in aggregate risk levels from the time minors receive services, are under supervision, and are in out-of-home placement; and (f) dosages of programming. (5) On and before October 1 of each year, the department shall prepare and submit a written report to the Judiciary Interim Committee and the Law Enforcement and Criminal Justice Interim Committee that includes: (a) data collected by the department under this section; (b) data collected by the State Board of Education under Section 53E-3-516; and (c) recommendations for legislative action with respect to the data described in this Subsection (5). (6) After submitting the written report described in Subsection (5), the department may supplement the report at a later time with updated data and information the State Board of Education collects under Section 53E-3-516. (7) Nothing in this section shall be construed to require the disclosure of information or data that is classified as controlled, private, or protected under Title 63G, Chapter 2, Government Records Access and Management Act.7/1/2026 (1) As used in this section: (a) "Diversion" means: (i) an agreement between an individual and a juvenile probation officer that results in the resolution of a referral for an offense before a petition is filed; or (ii) an agreement between an individual and a prosecuting attorney that results in the dismissal of charges for an offense before a conviction. (b) "Firearm" means the same as that term is defined in Section 76-11-101. (c) "Firearm-related offense" means a criminal offense involving a firearm. (d) "Juvenile recidivism" means a diversion, adjudication, or conviction of an individual for an offense within six months, one year, two years, and three years after the day on which: (i) the individual accepted a nonjudicial adjustment; or (ii) the juvenile court ordered a disposition for the individual resulting in secure care, community-based placement, formal probation, or intake probation. (e) "School" means the same as that term is defined in Section 80-6-103. (f) "School-based offense" means any infraction, misdemeanor, or felony offense that occurs at school when school is in session, at the location of a school-sponsored activity during the activity, or on school district transportation, including a school bus. (g) "School-based referral" means the referral of a minor under Section 53G-8-211 for a school-based offense. (h) "School-based recidivism" means a diversion, adjudication, or conviction of an individual for a school-based offense within six months, one year, two years, and three years after the day on which: (i) the individual accepted a nonjudicial adjustment for a school-based offense; or (ii) the juvenile court ordered a disposition for the individual resulting in secure care, community-based placement, formal probation, or intake probation. (i) "School is in session" means the same as that term is defined in Section 53E-3-516. (j) "School-sponsored activity" means the same as that term is defined in Section 53E-3-516. (2) Before July 1 of each year, the Administrative Office of the Courts shall submit the following data to the department, broken down by judicial district, for the preceding calendar year: (a) the number of referrals to the juvenile court; (b) the number of minors diverted to a nonjudicial adjustment; (c) the number of minors that satisfy the conditions of a nonjudicial adjustment; (d) the number of minors for whom a petition for an offense is filed in the juvenile court; (e) the number of minors for whom an information is filed in the juvenile court; (f) the number of minors bound over to the district court by the juvenile court; (g) the number of petitions for offenses committed by minors that were dismissed by the juvenile court; (h) the number of adjudications in the juvenile court for offenses committed by minors; (i) the number of guilty pleas entered into by minors in the juvenile court; (j) the number of dispositions resulting in secure care, community-based placement, formal probation, and intake probation; and (k) for each minor charged in the juvenile court with a firearm-related offense: (i) the minor's age at the time the offense was committed or allegedly committed; (ii) the minor's zip code at the time that the offense was referred to the juvenile court; (iii) whether the minor is a restricted person under Subsection 76-11-302(4) or 76-11-303(4); (iv) the type of offense for which the minor is charged; (v) the outcome of the minor's case in juvenile court, including whether the minor was bound over to the district court or adjudicated by the juvenile court; and (vi) if a disposition was entered by the juvenile court, whether the disposition resulted in secure care, community-based placement, formal probation, or intake probation. (3) The department shall track the disposition of a case resulting from a firearm-related offense committed, or allegedly committed, by a minor when the minor is found in possession of a firearm while school is in session or during a school-sponsored activity. (4) In collaboration with the Administrative Office of the Courts, the division, and other agencies, the department shall collect data for the preceding calendar year on: (a) the length of time that minors spend in the juvenile justice system, including the total amount of time minors spend under juvenile court jurisdiction, on community supervision, and in each out-of-home placement; (b) juvenile recidivism, including tracking minors into the adult corrections system; (c) school-based recidivism; (d) school-based referrals; (e) changes in aggregate risk levels from the time minors receive services, are under supervision, and are in out-of-home placement; and (f) dosages of programming. (5) On and before October 1 of each year, the department shall prepare and submit a written report to the Judiciary Interim Committee and the Law Enforcement and Criminal Justice Interim Committee that includes: (a) data collected by the department under this section; (b) data collected by the State Board of Education under Section 53E-3-516; and (c) recommendations for legislative action with respect to the data described in this Subsection (5). (6) After submitting the written report described in Subsection (5), the department may supplement the report at a later time with updated data and information the State Board of Education collects under Section 53E-3-516. (7) Nothing in this section shall be construed to require the disclosure of information or data that is classified as controlled, private, or protected under Title 63G, Chapter 2, Government Records Access and Management Act.
Utah Code § 80-2-702 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-702
§ 80-2-702. Division post-removal investigation -- Supported or unsupported reports -- Convening of child protection team -- Cooperation with law enforcement -- Close of investigation.
Status: in_force

(1) If a child is taken into protective custody in accordance with Section 80-2a-202 or 80-3-204 or the division takes any other action that requires a shelter hearing under Subsection 80-3-301(1), the division shall immediately initiate an investigation of: (a) the circumstances of the child; and (b) the grounds upon which the decision to place the child into protective custody was made. (2) The division's investigation under Subsection (1) shall conform to reasonable professional standards and include: (a) a search for and review of any records of past reports of abuse or neglect involving: (i) the same child; (ii) any sibling or other child residing in the same household as the child; and (iii) the alleged perpetrator; (b) with regard to a child who is five years old or older, a personal interview with the child: (i) outside of the presence of the alleged perpetrator; and (ii) conducted in accordance with the requirements of Section 80-2-704; (c) if a parent or guardian is located, an interview with at least one of the child's parents or guardian; (d) an interview with the person who reported the abuse, unless the report was made anonymously; (e) if possible and appropriate, interviews with other third parties who have had direct contact with the child, including: (i) school personnel; and (ii) the child's health care provider; (f) an unscheduled visit to the child's home, unless: (i) there is a reasonable basis to believe that the reported abuse was committed by a person who: (A) is not the child's parent; and (B) does not live in the child's home or otherwise have access to the child in the child's home; or (ii) an unscheduled visit is not necessary to obtain evidence for the investigation; and (g) if appropriate and indicated in any case alleging physical injury, sexual abuse, or failure to meet the child's medical needs, a medical examination, obtained no later than 24 hours after the child is placed in protective custody. (3) The division may rely on a written report of a prior interview rather than conducting an additional interview under Subsection (2), if: (a) law enforcement: (i) previously conducted a timely and thorough investigation regarding the alleged abuse, neglect, or dependency; and (ii) produced a written report; (b) the investigation described in Subsection (3)(a)(i) included one or more of the interviews described in Subsection (2); and (c) the division finds that an additional interview is not in the best interest of the child. (4) (a) (i) The division shall: (A) make a determination after the division's investigation under Subsection (1) regarding whether the report is supported, unsupported, or without merit; and (B) base the determination on the facts of the case at the time the report is made. (ii) The division's determination of whether a report is supported or unsupported may be based on the child's statements alone. (b) The division may not: (i) use the inability to identify or locate the perpetrator as a basis for: (A) determining that a report is unsupported; or (B) closing the case; or (ii) determine a case is unsupported or identify a case as unsupported solely because the perpetrator is an out-of-home perpetrator. (5) The division shall maintain protective custody of the child if the division finds that one or more of the following conditions exist: (a) the child does not have a parent, guardian, or responsible relative who is able and willing to provide safe and appropriate care for the child; (b) (i) shelter of the child is a matter of necessity for the protection of the child; and (ii) there are no reasonable means by which the child can be protected in: (A) the child's home; or (B) the home of a responsible relative; (c) there is substantial evidence that the parent or guardian is likely to flee the jurisdiction of the juvenile court; or (d) the child has left a previously court ordered placement. (6) Within 24 hours after receipt of a child into protective custody, excluding weekends and holidays, the division shall: (a) convene a child protection team in accordance with Section 80-2-706; and (b) prepare the testimony and evidence that will be required of the division at the shelter hearing, in accordance with Section 80-3-301. (7) The division shall cooperate with a law enforcement investigation and with the members of a child protection team, if applicable, regarding the alleged perpetrator. (8) The division may not close an investigation solely on the grounds that the division is unable to locate the child until all reasonable efforts have been made to locate the child and family members including: (a) visiting the home at times other than normal work hours; (b) contacting local schools; (c) contacting local, county, and state law enforcement agencies; and (d) checking public assistance records.
Utah Code § 80-3-306 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-306
§ 80-3-306. Outstanding arrest warrant check before return of custody.
Status: in_force

(1) Before the division may recommend that a child who is in protective custody, temporary custody, or custody of the division be returned to the custody of a parent or guardian of the child, the division shall determine whether the parent or guardian has an outstanding felony arrest warrant in any state where the parent or guardian has resided or in any state where an immediate family member of the parent or guardian resides. (2) The division shall file the results of the felony arrest warrant check with the juvenile court. (3) (a) If the parent or guardian of a child who is in protective custody, temporary custody, or custody of the division has an outstanding arrest warrant in any state, the juvenile court may deny the return of the child to the custody of the parent or guardian. (b) When making a determination described in Subsection (3)(a), the juvenile court shall consider the best interest of the child.
Utah Code § 80-6-1116 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1116
§ 80-6-1116. Supplementary agreements.
Status: in_force

The compact administrator is authorized and empowered to enter into supplementary agreements with appropriate officials of other states under the compact. In the event that the supplementary agreement requires or contemplates the use of any institution or facility of this state or requires or contemplates the provision of any service by this state, the supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
Utah Code § 80-2-611 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-611
§ 80-2-611. False reports -- Investigation -- Notice of penalty.
Status: in_force

(1) The division may conduct an investigation to determine whether a report under Section 80-2-602 or 80-2-603 is false. (2) The division shall send a certified letter to a person who makes a report of abuse or neglect that is placed into or included in any part of the Management Information System, if the division determines, at the conclusion of the division's investigation, that: (a) the report is false; (b) it is more likely than not that the person knew the report was false at the time that person made the report; and (c) the reporting person's address is known or reasonably available. (3) The certified letter described in Subsection (2) shall inform the reporting person of: (a) the division's determination made under Subsection (2); (b) the penalty for submitting false information under Section 76-8-506 and other applicable laws; and (c) the obligation of the division under Subsection (4) to inform law enforcement and the person alleged to have committed abuse or neglect. (4) The division: (a) subject to Subsection (4)(b), shall inform law enforcement and the alleged perpetrator of a report for which a certified letter is required to be sent under Subsection (2); and (b) shall determine, in consultation with law enforcement: (i) what information should be given to an alleged perpetrator relating to a false report; and (ii) whether good cause exists, as defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for not informing an alleged perpetrator about a false report. (5) This section does not require the division to conduct an investigation beyond what is described in Subsections (1) and (2), to determine whether a report is false.
Utah Code § 80-2-405 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-405
§ 80-2-405. Private recruitment and training of foster care parents and child welfare volunteers -- Extension of immunity.
Status: in_force

(1) As used in this section: (a) "Referring entity" means: (i) an incorporated or unincorporated organization or association whether formally incorporated or otherwise established and operating for religious, charitable, or educational purposes, that does not distribute any of the organization's or association's income or assets to the organization's or association's members, directors, officers, or other participants; (ii) an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from tax under Section 501 of the Internal Revenue Code; or (iii) any not-for-profit organization which is formed and conducted for public benefit and operated primarily for charitable, civic, educational, religious, benevolent, welfare, or health purposes. (b) "Referring individual" means an individual: (i) with the authority to act on behalf of a referring entity in making a referral; and (ii) who may or may not be compensated by the referring entity. (2) The division may contract with one or more private, nonprofit organizations to recruit and train foster care parents and child welfare volunteers on a statewide or regional basis. (3) An organization that contracts with the division under Subsection (2) shall agree to: (a) increase the number of licensed and trained foster care parents in the geographic area covered by: (i) developing a strategic plan; (ii) assessing the needs, perceptions, and qualities of potential foster care parents; (iii) assessing the needs, perceptions, and qualities of children in state custody; (iv) identifying potential foster care parents through public and private resources; (v) screening foster care parent applicants; (vi) providing preservice, ongoing, and customized training to foster care parents; (vii) developing a competency-based training curriculum with input from public and private resources and approved by the division; (viii) focusing training exercises on skill development; and (ix) supporting foster care parents by supplying staff support, identifying common issues, encouraging peer support, and connecting available resources; (b) increase the number of child welfare volunteers in the geographical area covered by: (i) developing a strategic plan; (ii) seeking the participation of established volunteer organizations; (iii) designing and offering initial orientation sessions to child welfare volunteers; (iv) informing volunteers of options for service as specified by the division; and (v) facilitating the placement and certification of child welfare volunteers; (c) coordinate efforts, if appropriate, with the division; (d) seek private contributions in furtherance of the organization's activities under this Subsection (3); (e) perform other related services and activities as may be required by the division; and (f) establish a system for evaluating performance and obtaining feedback on the activities performed under this Subsection (3). (4) Notwithstanding Subsection (3), the department shall retain ultimate authority over and responsibility for: (a) initial and ongoing training content, material, curriculum, and techniques, and certification standards used by an organization; and (b) screening, investigation, licensing, certification, referral, and placement decisions with respect to any individual recruited or trained by an organization. (5) (a) An organization under contract with the department and the department's directors, trustees, officers, employees, and agents, whether compensated or not, may not be held civilly liable for any act or omission on a matter for which the department retains ultimate authority and responsibility under Subsection (4). (b) Subsection (5)(a) does not alter the abuse and neglect reporting requirements of Section 80-2-602, regardless of whether the facts that give rise to such a report occur before or after a screening, investigation, licensing, or placement decision of the department. (6) A referring entity or a referring individual that voluntarily and without remuneration assists an organization to identify and recruit foster care parents or child welfare volunteers is not liable in any civil action for any act or omission of: (a) the referring entity or referring individual that is performed in good faith and in furtherance of the entity's assistance to the organization; or (b) any individual directly or indirectly referred to the organization by the entity as a foster care parent or child welfare volunteer, if the referring individual was without actual knowledge of any substantiated fact that would have disqualified the individual who was referred from such a position at the time the referral was made.
Utah Code § 80-2-703 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-703
§ 80-2-703. Conflict child protective services investigations -- Authority of investigators.
Status: in_force

(1) (a) The department, through the Division of Continuous Quality and Improvement, shall conduct an independent child protective service investigation to investigate reports of abuse or neglect if: (i) the report occurs while the child is in the custody of the division; or (ii) the executive director of the department determines that, if the division conducts the investigation, the division would have an actual or potential conflict of interest in the results of the investigation. (b) If a report is made while a child is in the custody of the division that indicates the child is abused or neglected: (i) the attorney general may, in accordance with Section 67-5-16, and with the consent of the department, employ a child protective services investigator to conduct a conflict investigation of the report; or (ii) a law enforcement officer, as defined in Section 53-13-103, may, with the consent of the department, conduct a conflict investigation of the report. (c) Subsection (1)(b)(ii) does not prevent a law enforcement officer from, without the consent of the department, conducting a criminal investigation of abuse or neglect under Title 53, Public Safety Code. (2) An investigator described in Subsection (1) may also investigate allegations of abuse or neglect of a child by a department employee or a licensed substitute care provider. (3) An investigator described in Subsection (1), if not a law enforcement officer, shall have the same rights, duties, and authority of a child welfare caseworker to: (a) make a thorough investigation under Section 80-2-701 upon receiving a report of alleged abuse or neglect of a child, with the primary purpose of the investigation being the protection of the child; (b) make an inquiry into the child's home environment, emotional, or mental health, the nature and extent of the child's injuries, and the child's physical safety; (c) make a written report of the investigator's investigation, including determination regarding whether the alleged abuse or neglect is supported, unsupported, or without merit, and forward a copy of the report to the division within the time mandates for investigations established by the division; and (d) immediately consult with school authorities to verify the child's status in accordance with Sections 53G-6-201 through 53G-6-206 if a report is based on or includes an allegation of educational neglect.
Utah Code § 80-2-608 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-608
§ 80-2-608. Confidential identity of person who reports.
Status: in_force

Except as provided in Sections 80-2-609, 80-2-611, and 80-2-1005, the division and a law enforcement agency shall ensure the anonymity of the person who makes the initial report under this part and any other person involved in the division's or law enforcement agency's subsequent investigation of the report.
Utah Code § 80-6-1109 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1109
§ 80-6-1109. Article 8 -- Finance.
Status: in_force

(1) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities. (2) The commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the commission and its staff which shall be in a total amount sufficient to cover the commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state. The commission shall promulgate a rule binding upon all compacting states which governs the assessment. (3) The commission may not incur any obligations of any kind prior to securing the funds adequate to meet the obligations, nor shall the commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state. (4) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its by-laws. All receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.
Utah Code § 80-4-203 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-203
§ 80-4-203. Mandatory petition for termination of parental rights.
Status: in_force

(1) For purposes of this section, "abandoned infant" means a child who is 12 months old or younger and whose parent or parents: (a) although having legal custody of the child, fail to maintain physical custody of the child without making arrangements for the care of the child; (b) have failed to: (i) maintain physical custody; and (ii) exhibit the normal interest of a parent without just cause; or (c) are unwilling to have physical custody of the child. (2) Except as provided in Subsection (3), notwithstanding any other provision of this chapter, Chapter 2, Child Welfare Services, or Chapter 2a, Removal and Protective Custody of a Child, the division shall file a petition for termination of parental rights with regard to: (a) an abandoned infant; or (b) the child of a parent, whenever a court has determined that the parent has: (i) committed murder or child abuse homicide of another child of that parent; (ii) committed manslaughter of another child of that parent; (iii) aided, abetted, attempted, conspired, or solicited to commit murder, child abuse homicide, or manslaughter against another child of that parent; or (iv) committed a felony assault or abuse that results in serious physical injury to: (A) another child of that parent; or (B) the other parent of the child. (3) The division is not required to file a petition for termination of parental rights under Subsection (2) if: (a) the child is being cared for by a relative; (b) the division has: (i) documented in the child's child and family plan a compelling reason for determining that filing a petition for termination of parental rights is not in the child's best interest; and (ii) made that child and family plan available to the juvenile court for the juvenile court's review; or (c) (i) the juvenile court has previously determined, in accordance with the provisions and limitations of Sections 80-2a-201, 80-2a-302, 80-3-301, and 80-3-406, that reasonable efforts to reunify the child with the child's parent or parents were required; and (ii) the division has not provided, within the time period specified in the child and family plan, services that had been determined to be necessary for the safe return of the child.
Utah Code § 80-6-605 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-605
§ 80-6-605. Extension of juvenile court jurisdiction -- Procedure.
Status: in_force

(1) At the time that a prosecuting attorney files a petition under Section 80-6-305, or a criminal information under Section 80-6-503, for a felony offense alleged to have been committed by a minor who is 14 years old or older, either party may file a motion to extend the juvenile court's continuing jurisdiction over the minor's case until the minor is 25 years old if: (a) the minor was the principal actor in the offense; and (b) the petition or information alleges a felony violation of: (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another; (ii) Section 76-5-202, aggravated murder or attempted aggravated murder; (iii) Section 76-5-203, murder or attempted murder; (iv) Section 76-5-302, aggravated kidnapping; (v) Section 76-5-405, aggravated sexual assault; (vi) Section 76-6-103, aggravated arson; (vii) Section 76-6-203, aggravated burglary; (viii) Section 76-6-302, aggravated robbery; (ix) Section 76-11-210, felony discharge of a firearm; or (x) (A) an offense other than the offenses listed in Subsections (1)(b)(i) through (ix) involving the use of a dangerous weapon that would be a felony if committed by an adult; and (B) the minor has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon that would have been a felony if committed by an adult. (2) (a) Notwithstanding Subsection (1), either party may file a motion to extend the juvenile court's continuing jurisdiction after a determination by the juvenile court that the minor will not be bound over to the district court under Section 80-6-504. (3) The juvenile court shall make a determination on a motion under Subsection (1) or (2) at the time of disposition. (4) The juvenile court shall extend the continuing jurisdiction over the minor's case until the minor is 25 years old if the juvenile court finds, by a preponderance of the evidence, that extending continuing jurisdiction is in the best interest of the minor and the public. (5) In considering whether it is in the best interest of the minor and the public for the court to extend jurisdiction over the minor's case until the minor is 25 years old, the juvenile court shall consider and base the juvenile court's decision on: (a) whether the protection of the community requires an extension of jurisdiction beyond the age of 21; (b) the extent to which the minor's actions in the offense were committed in an aggressive, violent, premeditated, or willful manner; (c) the minor's mental, physical, educational, trauma, and social history; and (d) the criminal record and previous history of the minor. (6) The amount of weight that each factor in Subsection (5) is given is in the juvenile court's discretion. (7) (a) The juvenile court may consider written reports and other materials relating to the minor's mental, physical, educational, trauma, and social history. (b) Upon request by the minor, the minor's parent, guardian, or other interested party, the juvenile court shall require the person preparing the report or other material to appear and be subject to both direct and cross-examination. (8) A minor may testify under oath, call witnesses, cross-examine witnesses, and present evidence on the factors described in Subsection (5).
Utah Code § 80-6-507 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-507
§ 80-6-507. Commitment of a minor by a district court -- Provisional housing of a minor in a secure care facility.
Status: in_force

(1) When sentencing a minor, the district court shall order the minor to make restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act. (2) (a) If the district court determines that probation is not appropriate and commitment to prison is an appropriate sentence when sentencing a minor: (i) the district court shall order the minor committed to prison; and (ii) except as provided in Subsection (3) or (7), the minor shall be provisionally housed in a secure care facility until the minor reaches 25 years old, unless released earlier from incarceration by the Board of Pardons and Parole. (b) This Subsection (2) applies to any minor being provisionally housed in a secure care facility as described in Subsection (2)(a) on or after May 4, 2022. (3) The district court may order a minor to be committed to the physical custody of the Department of Corrections and housed in a correctional facility rather than a secure care facility under Subsection (2)(a)(ii) if: (a) the minor is convicted of aggravated murder under Section 76-5-202; (b) the minor was 17 years old at the time that the aggravated murder occurred; (c) the minor is 18 years old or older at the time of sentencing; and (d) the court determines that the minor would present a security risk to other individuals in a secure care facility. (4) (a) When a minor is committed to prison but provisionally housed in a secure care facility under this section, the district court and the division shall immediately notify the Board of Pardons and Parole so that the minor may be scheduled for a hearing according to board procedures. (b) If a minor who is provisionally housed in a secure care facility under this section has not been paroled or otherwise released from incarceration by the time the minor reaches 25 years old, the division shall as soon as reasonably possible, but not later than when the minor reaches 25 years and 6 months old, transfer the minor to the physical custody of the Department of Corrections. (5) Upon the commitment of a minor to the custody of the division or the Department of Corrections under this section, the Board of Pardons and Parole has authority over the minor for purposes of parole, pardon, commutation, termination of sentence, remission of restitution, fines or forfeitures, and all other purposes authorized by law. (6) The authority shall: (a) hold hearings, receive reports, or otherwise keep informed of the progress of a minor in the custody of the division under this section; and (b) forward to the Board of Pardons and Parole any information or recommendations concerning the minor. (7) (a) Upon a motion by a prosecuting attorney, the Board of Pardons and Parole may: (i) review the status of a minor who is provisionally housed in a secure care facility as described in Subsection (2)(a)(ii); and (ii) order that the minor be committed to the physical custody of the Department of Corrections and housed in a correctional facility if: (A) the minor meets the requirements described in Subsections (3)(a) through (c); and (B) the Board of Pardons and Parole finds that the commitment and transfer is warranted. (b) For a motion described in Subsection (7)(a), the board shall appoint counsel for the minor as described in Section 77-27-7.1. (8) (a) The division shall adopt procedures by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the transfer of a minor provisionally housed in a secure care facility as described in Subsection (2)(a)(ii). (b) The division shall transfer the physical custody of a minor to the Department of Corrections if, in accordance with the rules adopted under Subsection (8)(a), the division determines that housing a minor in a secure care facility: (i) presents an unreasonable risk to others; or (ii) it is not in the best interest of the minor. (9) Commitment of a minor under this section is a prison commitment for all sentencing purposes.
Utah Code § 80-2-501 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-501
§ 80-2-501. Children's Account.
Status: in_force

(1) There is created a restricted account within the General Fund known as the "Children's Account." (2) The account shall be funded by: (a) appropriations to the account by the Legislature; (b) revenues received under Section 26B-8-112; and (c) transfers, grants, gifts, bequests, or any money made available from any source for the abuse and neglect prevention programs described in Section 80-2-503. (3) The Legislature shall appropriate money in the account to the division. (4) (a) The director shall consult with the executive director of the department before using the funds in the account as described in this section. (b) Except as provided in Subsection (5), the account may be used only to implement prevention programs described in Section 80-2-503, and may only be allocated to an entity that provides a one-to-one match, comprising a match from the community of at least 50% in cash and up to 50% in in-kind donations, which is 25% of the total funding received from the account. (5) Upon recommendation of the executive director of the department and the council, the division may reduce or waive the match requirements described in Subsection (4) for an entity, if the division determines that imposing the requirements would prohibit or limit the provision of services needed in a particular geographic area.
Utah Code § 80-5-202 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-202
§ 80-5-202. Division rulemaking authority -- Reports on sexual assault.
Status: in_force

7/1/2026 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules to: (a) establish standards for the admission of a minor to detention; (b) describe good behavior for which credit may be earned under Subsection 80-6-704(5); (c) establish a formula, in consultation with the Office of the Legislative Fiscal Analyst, to calculate savings from General Fund appropriations under 2017 Laws of Utah, Chapter 330, resulting from the reduction in out-of-home placements for juvenile offenders with the division; (d) establish policies and procedures regarding sexual assaults that occur in detention and secure care facilities; and (e) establish the qualifications and conditions for services provided by the division under Section 80-6-809. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules: (a) that govern the operation of prevention and early intervention programs, youth service programs, juvenile receiving centers, and other programs described in Section 80-5-401; and (b) that govern the operation of detention and secure care facilities. (3) A rule made by the division under Subsection (1)(a): (a) may not permit secure detention based solely on the existence of multiple status offenses, misdemeanors, or infractions arising out of a single criminal episode; and (b) shall prioritize use of home detention for a minor who might otherwise be held in secure detention. (4) The rules described in Subsection (1)(d) shall: (a) require education and training, including: (i) providing to minors detained in secure care and detention facilities, at intake and periodically, easy-to-understand information, which is developed and approved by the division, on sexual assault prevention, treatment, reporting, and counseling in consultation with community groups with expertise in sexual assault prevention, treatment, reporting, and counseling; and (ii) providing training specific to sexual assault to division mental health professionals and all division employees who have direct contact with minors regarding treatment and methods of prevention and investigation; (b) require reporting of any incident of sexual assault, including: (i) ensuring the confidentiality of sexual assault reports from minors and the protection of minors who report sexual assault; and (ii) prohibiting retaliation and disincentives for reporting sexual assault; (c) require safety and care for minors who report sexual assault, including: (i) providing, in situations in which there is reason to believe that a sexual assault has occurred, reasonable and appropriate measures to ensure the minor's safety by separating the minor from the minor's assailant, if known; (ii) providing acute trauma care for minors who report sexual assault, including treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted infections; (iii) providing confidential mental health counseling for minors who report sexual assault, including: (A) access to outside community groups or victim advocates that have expertise in sexual assault counseling; and (B) enabling confidential communication between minors and community groups and victim advocates; and (iv) monitoring minors who report sexual assault for suicidal impulses, post-traumatic stress disorder, depression, and other mental health consequences resulting from the sexual assault; (d) require staff reporting of sexual assault and staff discipline for failure to report or for violating sexual assault policies, including: (i) requiring all division employees to report any knowledge, suspicion, or information regarding an incident of sexual assault to the director or the director's designee; (ii) requiring disciplinary action for a division employee who fails to report as required; and (iii) requiring division employees to be subject to disciplinary sanctions up to and including termination for violating agency sexual assault policies, with termination the presumptive disciplinary sanction for division employees who have engaged in sexual assault, consistent with constitutional due process protections and state personnel laws and rules; (e) require that any report of an incident of sexual assault be referred to the Division of Child and Family Services or a law enforcement agency with jurisdiction over the detention or secure care facility in which the alleged sexual assault occurred; and (f) require data collection and reporting of all incidents of sexual assault from each detention and secure care facility. (5) The division shall annually report the data described in Subsection (4)(f) to the Department of Criminal Justice.7/1/2026 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules to: (a) establish standards for the admission of a minor to detention; (b) describe good behavior for which credit may be earned under Subsection 80-6-704(5); (c) establish a formula, in consultation with the Office of the Legislative Fiscal Analyst, to calculate savings from General Fund appropriations under 2017 Laws of Utah, Chapter 330, resulting from the reduction in out-of-home placements for juvenile offenders with the division; (d) establish policies and procedures regarding sexual assaults that occur in detention and secure care facilities; and (e) establish the qualifications and conditions for services provided by the division under Section 80-6-809. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules: (a) that govern the operation of prevention and early intervention programs, youth service programs, juvenile receiving centers, and other programs described in Section 80-5-401; and (b) that govern the operation of detention and secure care facilities. (3) A rule made by the division under Subsection (1)(a): (a) may not permit secure detention based solely on the existence of multiple status offenses, misdemeanors, or infractions arising out of a single criminal episode; and (b) shall prioritize use of home detention for a minor who might otherwise be held in secure detention. (4) The rules described in Subsection (1)(d) shall: (a) require education and training, including: (i) providing to minors detained in secure care and detention facilities, at intake and periodically, easy-to-understand information, which is developed and approved by the division, on sexual assault prevention, treatment, reporting, and counseling in consultation with community groups with expertise in sexual assault prevention, treatment, reporting, and counseling; and (ii) providing training specific to sexual assault to division mental health professionals and all division employees who have direct contact with minors regarding treatment and methods of prevention and investigation; (b) require reporting of any incident of sexual assault, including: (i) ensuring the confidentiality of sexual assault reports from minors and the protection of minors who report sexual assault; and (ii) prohibiting retaliation and disincentives for reporting sexual assault; (c) require safety and care for minors who report sexual assault, including: (i) providing, in situations in which there is reason to believe that a sexual assault has occurred, reasonable and appropriate measures to ensure the minor's safety by separating the minor from the minor's assailant, if known; (ii) providing acute trauma care for minors who report sexual assault, including treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted infections; (iii) providing confidential mental health counseling for minors who report sexual assault, including: (A) access to outside community groups or victim advocates that have expertise in sexual assault counseling; and (B) enabling confidential communication between minors and community groups and victim advocates; and (iv) monitoring minors who report sexual assault for suicidal impulses, post-traumatic stress disorder, depression, and other mental health consequences resulting from the sexual assault; (d) require staff reporting of sexual assault and staff discipline for failure to report or for violating sexual assault policies, including: (i) requiring all division employees to report any knowledge, suspicion, or information regarding an incident of sexual assault to the director or the director's designee; (ii) requiring disciplinary action for a division employee who fails to report as required; and (iii) requiring division employees to be subject to disciplinary sanctions up to and including termination for violating agency sexual assault policies, with termination the presumptive disciplinary sanction for division employees who have engaged in sexual assault, consistent with constitutional due process protections and state personnel laws and rules; (e) require that any report of an incident of sexual assault be referred to the Division of Child and Family Services or a law enforcement agency with jurisdiction over the detention or secure care facility in which the alleged sexual assault occurred; and (f) require data collection and reporting of all incidents of sexual assault from each detention and secure care facility. (5) The division shall annually report the data described in Subsection (4)(f) to the Department of Criminal Justice.
Utah Code § 80-6-602 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-602
§ 80-6-602. Hearings or proceedings for minors -- Prosecuting attorney -- Order for indigent defense -- Custody in the Division of Child and Family Services.
Status: in_force

(1) In a hearing or proceeding under this chapter, the juvenile court: (a) shall admit any person who has a direct interest in the case; (b) may admit any person whose presence is requested by the minor's parent or guardian; and (c) shall exclude any other person except as provided in Subsection (2). (2) In a hearing or proceeding under this chapter for a minor who is 14 years old or older, the juvenile court shall admit any person, unless the hearing or proceeding is closed by the juvenile court upon findings, on the record, for good cause if: (a) the minor has been charged with an offense that would be a felony if committed by an adult; or (b) the minor is charged with an offense that would be a class A or B misdemeanor if committed by an adult and the minor has been previously charged with an offense that would be a misdemeanor or felony if committed by an adult. (3) If more than one minor is alleged to be involved in a violation of a law or ordinance, the proceedings for the violation may be consolidated, except a separate hearing may be held with respect to a disposition for a minor. (4) The county attorney, or the district attorney if within a prosecution district, shall represent the state in a proceeding under this chapter. (5) If a minor is facing a proceeding under this chapter, a juvenile court shall: (a) appoint an indigent defense service provider for the minor in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel; and (b) order indigent defense services for the minor in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel. (6) If a minor is facing a proceeding under this chapter, a minor may not decline to enter into a nonjudicial adjustment without first being advised of their right to consult with counsel, subject to the requirements of Subsection 80-6-304(4). (7) A juvenile court may appoint an attorney guardian ad litem under Section 78A-2-803, or as otherwise provided by law, to represent a child under this chapter. (8) A juvenile court may not vest custody of a minor facing a delinquency proceeding under this chapter in the Division of Child and Family Services, except as provided in Chapter 3, Abuse, Neglect, and Dependency Proceedings.
Utah Code § 80-6-802 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-802
§ 80-6-802. Commitment to secure care -- Rights of individuals in secure care.
Status: in_force

(1) If a youth offender is ordered to secure care under Section 80-6-705, the youth offender shall remain in secure care until the youth offender is: (a) 21 years old; (b) paroled; or (c) discharged. (2) If a serious youth offender is ordered to secure care under Section 80-6-705, the serious youth offender shall remain in secure care until the serious youth offender is: (a) 25 years old; (b) paroled; or (c) discharged. (3) (a) Subject to Subsection (3)(b), a juvenile offender in secure care, or an individual housed in a secure care facility under Section 80-6-507, has the right to: (i) phone the juvenile offender's or individual's parent, guardian, or attorney; and (ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or custodian. (b) The division may: (i) establish a schedule for which a juvenile offender, or an individual housed in a secure care facility under Section 80-6-507, may visit or phone a person described in Subsection (3)(a); (ii) allow a juvenile offender, or an individual housed in a secure care facility under Section 80-6-507, to visit or call persons described in Subsection (3)(a) in special circumstances; (iii) limit the number and length of calls and visits for a juvenile offender, or an individual housed in a secure care facility under Section 80-6-507, to persons described in Subsection (3)(a) on account of scheduling, facility, or personnel constraints; or (iv) limit the juvenile offender's or individual's rights under Subsection (3)(a) if a compelling reason exists to limit the juvenile offender's or individual's rights. (c) A juvenile offender in secure care, or an individual housed in a secure care facility under Section 80-6-507, shall be advised of the rights described in Subsection (3)(a).
Utah Code § 80-2-910 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-910
§ 80-2-910. Interjurisdictional home study report.
Status: in_force

(1) The state of Utah may request a home study report from another state or an Indian Tribe for purposes of assessing the safety and suitability of placing a child in a home outside of the jurisdiction of the state of Utah. (2) The state of Utah may not impose any restriction on the ability of a state agency administering, or supervising the administration of, a state program operated under a state plan approved under Section 42 U.S.C. 671 to contract with a private agency to conduct a home study report described in Subsection (1). (3) If the state of Utah receives a home study report described in Subsection (1), the home study report shall be considered to meet all requirements imposed by the state of Utah for completion of a home study before a child is placed in a home, unless, within 14 days after the day on which the report is received, the state of Utah determines, based on grounds that are specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child.
Utah Code § 80-7-103 — Utah Code / Title 80 / Chapter 80-7 / § 80-7-103
§ 80-7-103. Petition for emancipation -- Amending a petition -- Continuance.
Status: in_force

(1) A minor may petition the juvenile court on the minor's own behalf for a declaration of emancipation. (2) The petition under Subsection (1) shall: (a) be on a form provided by the clerk of the juvenile court; and (b) state that the minor is: (i) 16 years old or older; (ii) capable of living independently of the minor's parents or guardian; and (iii) capable of managing the minor's own financial affairs. (3) Notice of the petition shall be served on the minor's parents, guardian, any other person or agency with custody of the minor, and the Child and Family Support Division of the Office of the Attorney General, unless the juvenile court determines that service is impractical. (4) (a) When it appears in a proceeding under this chapter that evidence presented points to material facts not alleged in the petition described in Subsection (1), the juvenile court may consider the additional or different material facts raised by the evidence if the parties consent. (b) The juvenile court, on a motion from any interested party or on the court's own motion, shall direct that the petition be amended to conform to the evidence. (c) If an amended petition under Subsection (4)(b) results in a substantial departure from the material facts originally alleged, the juvenile court shall grant a continuance as justice may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.
Utah Code § 80-6-706 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-706
§ 80-6-706. Treatment -- Commitment to local mental health authority or Utah State Developmental Center.
Status: in_force

(1) If a minor is adjudicated under Section 80-6-701, the juvenile court may order: (a) a nonresidential, diagnostic assessment for the minor, including a risk assessment for substance use disorder, mental health, psychological, or sexual behavior; (b) the minor to be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or (c) other care for the minor. (2) For purposes of receiving the examination, treatment, or care described in Subsection (1), the juvenile court may place the minor in a hospital or other suitable facility that is not secure care or secure detention. (3) In determining whether to order the examination, treatment, or care described in Subsection (1), the juvenile court shall consider: (a) the desires of the minor; (b) if the minor is a child, the desires of the minor's parent or guardian; 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. (4) (a) If the juvenile court orders examination, treatment, or care for a child under Subsection (1) and the child is committed to the division under Subsection 80-6-703(2), the division shall: (i) take reasonable measures to notify the child's parent or guardian of any non-emergency health treatment or care scheduled for the child; (ii) include the child's parent or guardian as fully as possible in making health care decisions for the child; and (iii) defer to the child's parent's or guardian'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 or guardian's decision. (b) The division shall notify the parent or guardian of a child within five business days after a child committed to the division receives emergency health care or treatment. (c) The division shall use the least restrictive means to accomplish the care and treatment of a child described under Subsection (1). (5) If a child is adjudicated for an offense under Section 80-6-701, the juvenile court may commit the child to the physical custody, as defined in Section 26B-5-401, of a local mental health authority in accordance with the procedures and requirements in Title 26B, Chapter 5, Part 4, Commitment of Persons Under Age 18. (6) (a) If a minor is adjudicated for an offense under Section 80-6-701, and the minor has an intellectual disability, the juvenile court may commit the 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. (b) The juvenile court shall follow the procedure applicable in the district courts with respect to judicial commitments to the Utah State Developmental Center when ordering a commitment under Subsection (6)(a).
Utah Code § 80-6-202 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-202
§ 80-6-202. Warrants for minors.
Status: in_force

(1) (a) Except as otherwise provided in this section, after a petition is filed under Section 80-6-305, or a criminal information under Section 80-6-503, a juvenile court may issue a warrant for a minor to be taken into temporary custody if: (i) there is probable cause to believe that: (A) the minor has committed an offense that would be a felony if committed by an adult; (B) the minor has failed to appear after the minor or the minor's parent, guardian, or custodian has been legally served with a summons in accordance with Section 78A-6-351 and the Utah Rules of Juvenile Procedure; (C) there is a substantial likelihood the minor will not respond to a summons; (D) a summons cannot be served and the minor's present whereabouts are unknown; (E) serving a summons for the minor will be ineffectual; (F) the minor seriously endangers others or the public and temporary custody appears to be necessary for the protection of others or the public; or (G) the minor is a runaway or has escaped from the minor's parent, guardian, or custodian; or (ii) the minor is under the continuing jurisdiction of the juvenile court and there is probable cause to believe that the minor: (A) has left the custody of the person or agency vested by a court with legal custody, or guardianship of the minor, without permission; or (B) has violated a court order. (b) A warrant issued under this Subsection (1) shall be: (i) filed in accordance with Utah Rules of Juvenile Procedure, Rule 7; and (ii) executed in accordance with Title 77, Chapter 7, Arrest, by Whom, and How Made. (2) A juvenile court may not issue a warrant for a minor to be taken into temporary custody for: (a) a status offense; (b) an infraction; or (c) being a habitual truant. (3) (a) For a minor not eligible for a warrant under Subsection (2), a juvenile court may issue a warrant that directs a minor to be returned home, to the juvenile court, or to a shelter or other nonsecure facility. (b) A warrant under Subsection (3)(a) may not direct a minor to secure care or secure detention. (4) Subsection (2) does not apply to a minor who is under Chapter 6, Part 11, Interstate Compact for Juveniles.
Utah Code § 80-5-102 — Utah Code / Title 80 / Chapter 80-5 / § 80-5-102
§ 80-5-102. Definitions.
Status: in_force

7/1/2026As used in this chapter: (1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in Section 80-5-302. (2) (a) "Adult" means an individual who is 18 years old or older. (b) "Adult" does not include a juvenile offender. (3) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R. 1351.1. (4) "Authority" means the Youth Parole Authority created in Section 80-5-701. (5) "Control" means the authority to detain, restrict, and supervise a juvenile offender in a manner consistent with public safety and the well-being of the juvenile offender and division employees. (6) "Cross-sex hormone treatment" means the same as that term is defined in Section 26B-4-1001. (7) "Director" means the director of the Division of Juvenile Justice and Youth Services. (8) "Discharge" means the same as that term is defined in Section 80-6-102. (9) "Division" means the Division of Juvenile Justice and Youth Services created in Section 80-5-103. (10) "Homeless youth" means a child, other than an emancipated minor: (a) who is a runaway; or (b) who is: (i) not accompanied by the child's parent or guardian; and (ii) without care, as defined in Section 80-5-602. (11) "Housing unit" means an area with secured entrances, minor rooms, and common area space. (12) "Minor room" means a secured room where an individual sleeps and uses restroom facilities. (13) "Observation and assessment program" means a nonresidential service program operated or purchased by the division that is responsible only for diagnostic assessment of minors, including for substance use disorder, mental health, psychological, and sexual behavior risk assessments. (14) "Performance based contracting" means a system of contracting with service providers for the provision of residential or nonresidential services that: (a) provides incentives for the implementation of evidence-based juvenile justice programs or programs rated as effective for reducing juvenile recidivism, as defined in Section 80-6-104, by a standardized tool in accordance with Section 75E-2-207; and (b) provides a premium rate allocation for a minor who receives the evidence-based dosage of treatment and successfully completes the program within three months. (15) "Puberty inhibition drug treatment" means administering, prescribing, or supplying for effectuating or facilitating an individual's attempted sex change, any of the following alone or in combination with aromatase inhibitors: (a) gonadotropin-releasing hormone agonists; or (b) androgen receptor inhibitors. (16) "Primary sex characteristic surgical procedure" means the same as that term is defined in Section 26B-4-1001. (17) "Rescission" means the same as that term is defined in Section 80-6-102. (18) "Restitution" means the same as that term is defined in Section 80-6-102. (19) "Revocation" means the same as that term is defined in Section 80-6-102. (20) "Secondary sex characteristic surgical procedure" means the same as that term is defined in Section 26B-4-1001. (21) "Temporary custody" means the same as that term is defined in Section 80-6-102. (22) "Temporary homeless youth shelter" means a facility that: (a) provides temporary shelter to homeless youth; and (b) is licensed by the Department of Health and Human Services, created in Section 26B-1-201, as a residential support program. (23) "Termination" means the same as that term is defined in Section 80-6-102. (24) "Victim" means the same as that term is defined in Section 80-6-102. (25) "Work program" means a nonresidential public or private service work project established and administered by the division for juvenile offenders for the purpose of rehabilitation, education, and restitution to victims. (26) (a) "Youth services" means services provided in an effort to resolve family conflict: (i) for families in crisis when a minor is ungovernable or a runaway; or (ii) involving a minor and the minor's parent or guardian. (b) "Youth services" include efforts to: (i) resolve family conflict; (ii) maintain or reunite minors with the minors' families; and (iii) divert minors from entering or escalating in the juvenile justice system. (c) "Youth services" may provide: (i) crisis intervention; (ii) short-term shelter; (iii) time-out placement; and (iv) family counseling. (27) "Youth services center" means a center established by, or under contract with, the division to provide youth services.7/1/2026As used in this chapter: (1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in Section 80-5-302. (2) (a) "Adult" means an individual who is 18 years old or older. (b) "Adult" does not include a juvenile offender. (3) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R. 1351.1. (4) "Authority" means the Youth Parole Authority created in Section 80-5-701. (5) "Control" means the authority to detain, restrict, and supervise a juvenile offender in a manner consistent with public safety and the well-being of the juvenile offender and division employees. (6) "Cross-sex hormone treatment" means the same as that term is defined in Section 26B-4-1001. (7) "Director" means the director of the Division of Juvenile Justice and Youth Services. (8) "Discharge" means the same as that term is defined in Section 80-6-102. (9) "Division" means the Division of Juvenile Justice and Youth Services created in Section 80-5-103. (10) "Homeless youth" means a child, other than an emancipated minor: (a) who is a runaway; or (b) who is: (i) not accompanied by the child's parent or guardian; and (ii) without care, as defined in Section 80-5-602. (11) "Housing unit" means an area with secured entrances, minor rooms, and common area space. (12) "Minor room" means a secured room where an individual sleeps and uses restroom facilities. (13) "Observation and assessment program" means a nonresidential service program operated or purchased by the division that is responsible only for diagnostic assessment of minors, including for substance use disorder, mental health, psychological, and sexual behavior risk assessments. (14) "Performance based contracting" means a system of contracting with service providers for the provision of residential or nonresidential services that: (a) provides incentives for the implementation of evidence-based juvenile justice programs or programs rated as effective for reducing juvenile recidivism, as defined in Section 80-6-104, by a standardized tool in accordance with Section 75E-2-207; and (b) provides a premium rate allocation for a minor who receives the evidence-based dosage of treatment and successfully completes the program within three months. (15) "Puberty inhibition drug treatment" means administering, prescribing, or supplying for effectuating or facilitating an individual's attempted sex change, any of the following alone or in combination with aromatase inhibitors: (a) gonadotropin-releasing hormone agonists; or (b) androgen receptor inhibitors. (16) "Primary sex characteristic surgical procedure" means the same as that term is defined in Section 26B-4-1001. (17) "Rescission" means the same as that term is defined in Section 80-6-102. (18) "Restitution" means the same as that term is defined in Section 80-6-102. (19) "Revocation" means the same as that term is defined in Section 80-6-102. (20) "Secondary sex characteristic surgical procedure" means the same as that term is defined in Section 26B-4-1001. (21) "Temporary custody" means the same as that term is defined in Section 80-6-102. (22) "Temporary homeless youth shelter" means a facility that: (a) provides temporary shelter to homeless youth; and (b) is licensed by the Department of Health and Human Services, created in Section 26B-1-201, as a residential support program. (23) "Termination" means the same as that term is defined in Section 80-6-102. (24) "Victim" means the same as that term is defined in Section 80-6-102. (25) "Work program" means a nonresidential public or private service work project established and administered by the division for juvenile offenders for the purpose of rehabilitation, education, and restitution to victims. (26) (a) "Youth services" means services provided in an effort to resolve family conflict: (i) for families in crisis when a minor is ungovernable or a runaway; or (ii) involving a minor and the minor's parent or guardian. (b) "Youth services" include efforts to: (i) resolve family conflict; (ii) maintain or reunite minors with the minors' families; and (iii) divert minors from entering or escalating in the juvenile justice system. (c) "Youth services" may provide: (i) crisis intervention; (ii) short-term shelter; (iii) time-out placement; and (iv) family counseling. (27) "Youth services center" means a center established by, or under contract with, the division to provide youth services.
Utah Code § 80-4-305 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-305
§ 80-4-305. Court disposition of child upon termination of parental rights -- Posttermination reunification.
Status: in_force

(1) Except as provided in Subsection (7), as used in this section, "relative" means: (a) an adult who is a grandparent, great-grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, sibling, or stepsibling of a child; and (b) in the case of a child who is an Indian child, an extended family member as defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903. (2) Upon entry of an order under this chapter, the juvenile court may: (a) place the child in the legal custody and guardianship of a child-placing agency or the division for adoption; or (b) make any other disposition of the child authorized under Section 80-3-405 . (3) Subject to Subsections (4) and (6), the division shall place all adoptable children placed in the custody of the division for adoption. (4) If the parental rights of all parents of an adoptable child placed in the custody of the division are terminated and a suitable adoptive placement is not already available, the juvenile court: (a) shall determine whether there is a relative who desires to adopt the child; (b) may order the division to conduct a reasonable search to determine whether there is a relative who is willing to adopt the child; and (c) shall, if a relative desires to adopt the child: (i) make a specific finding regarding the fitness of the relative to adopt the child; and (ii) place the child for adoption with the relative unless the juvenile court finds that adoption by the relative is not in the best interest of the child. (5) If an individual who is not a relative of the child desires to adopt the child, the juvenile court shall, before entering an order for adoption of the child, determine whether due weight was given to the relative's preferential consideration under Subsection 80-3-302(7)(a)(i). (6) This section does not guarantee that a relative will be permitted to adopt the child. (7) A parent whose rights are terminated under this chapter, or a relative of the child, as defined by Section 80-3-102 , may petition for guardianship of the child if: (a) (i) following an adoptive placement, the child's adoptive parent returns the child to the custody of the division; or (ii) the child is in the custody of the division for one year following the day on which the parent's rights were terminated, and no permanent placement has been found or is likely to be found; and (b) reunification with the child's parent, or guardianship by the child's relative, is in the best interest of the child.
Utah Code § 80-4-105 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-105
§ 80-4-105. Effect of decree.
Status: in_force

(1) An order for the termination of parental rights divests the child and the parents of all legal rights, powers, immunities, duties, and obligations with respect to each other, except the right of the child to inherit from the parent. (2) (a) An order or decree entered under this chapter may not disentitle a child to any benefit due to the child from any third person, including any Indian tribe, agency, state, or the United States. (b) (i) An order or decree entered under this chapter shall explicitly address whether any arrears in child support in relation to the child exist and, subject to Subsection (2)(b)(ii), shall: (A) order that the child support arrears be preserved and be subject to collection, including through the Office of Recovery Services; and (B) state the amount of child support arrears owing as of the time of entry of the order or decree. (ii) The order required by Subsection (2)(b)(i) is a presumption that is rebuttable only upon a showing by a preponderance of the evidence that the best interest of the child mitigates all or part of any child support arrears owing. (3) Except as provided in Sections 80-4-401 and 80-4-402, after the termination of a parent's parental rights, the former parent: (a) is not entitled to any notice of proceedings for the adoption of the child; and (b) does not have any right to object to the adoption or to participate in any other placement proceedings. (4) An order terminating the rights of a parent, guardian, or custodian does not expire with termination of the jurisdiction of the juvenile court.
Utah Code § 80-2-402 — Utah Code / Title 80 / Chapter 80-2 / § 80-2-402
§ 80-2-402. Child welfare training coordinator -- Mandatory education and training of child welfare caseworkers -- Development of curriculum.
Status: in_force

(1) There is created within the division a full-time position of a child welfare training coordinator. (2) The child welfare training coordinator is not responsible for direct casework services or the supervision of casework services, but is required to: (a) develop child welfare curriculum that: (i) is current and effective, consistent with the division's mission and purpose for child welfare; and (ii) utilizes curriculum and resources from a variety of sources including those from: (A) the public sector; (B) the private sector; and (C) inside and outside of the state; (b) recruit, select, and supervise child welfare trainers; (c) develop a statewide training program, including a budget and identification of sources of funding to support that training; (d) evaluate the efficacy of training in improving job performance; (e) assist child protective services and foster care workers in developing and fulfilling their individual training plans; (f) monitor staff compliance with division training requirements and individual training plans; and (g) expand the collaboration between the division and schools of social work within institutions of higher education in developing child welfare services curriculum, and in providing and evaluating training. (3) The director shall, with the assistance of the child welfare training coordinator, establish and ensure child welfare caseworker competency regarding a core curriculum for child welfare services that: (a) is driven by child safety and family well-being; (b) emphasizes child and family voice; (c) is based on a policy, procedure, program, or practice that demonstrates an ability to minimize retraumatization associated with the criminal and juvenile justice system; and (d) is consistent with national child welfare practice standards. (4) A child welfare caseworker shall complete training in: (a) the legal duties of a child welfare caseworker; (b) the responsibility of a child welfare caseworker to protect the safety and legal rights of children, parents, and families at all stages of a case, including: (i) initial contact; (ii) safety and risk assessment, as described in Section 80-2-403; and (iii) intervention; (c) recognizing situations involving: (i) substance abuse; (ii) domestic violence; (iii) abuse; and (iv) neglect; and (d) the relationship of the Fourth and Fourteenth Amendments of the Constitution of the United States to the child welfare caseworker's job, including: (i) search and seizure of evidence; (ii) the warrant requirement; (iii) exceptions to the warrant requirement; and (iv) removing a child from the custody of the child's parent or guardian. (5) The division shall train the division's child welfare caseworkers to: (a) apply the risk assessment tools and rules described in Subsection 80-1-102(84); and (b) develop child and family plans that comply with: (i) federal mandates; and (ii) the specific needs of the child and the child's family. (6) The division shall use the training of child welfare caseworkers to emphasize: (a) the importance of maintaining the parent-child relationship; (b) the preference for providing in-home services over taking a child into protective custody, both for the emotional well-being of the child and the efficient allocation of resources; and (c) the importance and priority of: (i) kinship placement in the event a child must be taken into protective custody; and (ii) guardianship placement, in the event the parent-child relationship is legally terminated and no appropriate adoptive placement is available. (7) If a child welfare caseworker is hired, before assuming independent casework responsibilities, the division shall ensure that the child welfare caseworker has: (a) completed the training described in Subsections (4), (5), and (6); and (b) participated in sufficient skills development for a child welfare caseworker.
Utah Code § 80-6-801 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-801
§ 80-6-801. Commitment to local mental health authority or Utah State Developmental Center.
Status: in_force

(1) If a child is committed by the juvenile court to the physical custody, as defined in Section 26B-5-401, of a local mental health authority, or the local mental health authority's designee, Title 26B, Chapter 5, Part 4, Commitment of Persons Under Age 18, shall govern the commitment and release of the minor. (2) If a minor is committed to the Utah State Developmental Center, Title 26B, Chapter 6, Part 4, Division of Services for People with Disabilities, shall govern the commitment and release of the minor.
Utah Code § 80-6-607 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-607
§ 80-6-607. Case planning and appropriate responses.
Status: in_force

7/1/2026 (1) For a minor adjudicated and placed on probation under Section 80-6-702 or committed to the division under Section 80-6-703, a case plan shall be created and: (a) developed in collaboration with the minor and the minor's family; (b) individualized to the minor; (c) informed by the results of a validated risk and needs assessment under Section 80-6-606; and (d) tailored to the minor's offense and history. (2) (a) The Administrative Office of the Courts and the division shall develop a statewide system of appropriate responses to guide responses to the behaviors of minors: (i) undergoing nonjudicial adjustments; (ii) whose case is under the jurisdiction of the juvenile court; and (iii) in the custody of the division. (b) The system of responses shall include both sanctions and incentives that: (i) are swift and certain; (ii) include a continuum of community based responses for minors living at home; (iii) target a minor's criminogenic risks and needs, as determined by the results of a validated risk and needs assessment under Section 80-6-606, and the severity of the violation; and (iv) authorize earned discharge credits as one incentive for compliance. (c) After considering the juvenile disposition guidelines, as defined in Section 75E-4-101, the system of appropriate responses under Subsections (2)(a) and (b) shall be developed. (3) (a) A response to compliant or noncompliant behavior under Subsection (2) shall be documented in the minor's case plan. (b) Documentation under Subsection (3)(a) shall include: (i) positive behaviors and incentives offered; (ii) violations and corresponding sanctions; and (iii) whether the minor has a subsequent violation after a sanction. (4) Before referring a minor to a juvenile court for judicial review, or to the authority if the minor is under the jurisdiction of the authority, in response to a contempt filing under Section 78A-6-353 or an order to show cause, a pattern of appropriate responses shall be documented in the minor's case plan in accordance with Subsections (3)(a) and (b) . (5) Notwithstanding Subsection (4), if a minor violates a protective order or an ex parte protective order listed in Section 78B-7-803, the violation may be filed directly with the juvenile court.7/1/2026 (1) For a minor adjudicated and placed on probation under Section 80-6-702 or committed to the division under Section 80-6-703, a case plan shall be created and: (a) developed in collaboration with the minor and the minor's family; (b) individualized to the minor; (c) informed by the results of a validated risk and needs assessment under Section 80-6-606; and (d) tailored to the minor's offense and history. (2) (a) The Administrative Office of the Courts and the division shall develop a statewide system of appropriate responses to guide responses to the behaviors of minors: (i) undergoing nonjudicial adjustments; (ii) whose case is under the jurisdiction of the juvenile court; and (iii) in the custody of the division. (b) The system of responses shall include both sanctions and incentives that: (i) are swift and certain; (ii) include a continuum of community based responses for minors living at home; (iii) target a minor's criminogenic risks and needs, as determined by the results of a validated risk and needs assessment under Section 80-6-606, and the severity of the violation; and (iv) authorize earned discharge credits as one incentive for compliance. (c) After considering the juvenile disposition guidelines, as defined in Section 75E-4-101, the system of appropriate responses under Subsections (2)(a) and (b) shall be developed. (3) (a) A response to compliant or noncompliant behavior under Subsection (2) shall be documented in the minor's case plan. (b) Documentation under Subsection (3)(a) shall include: (i) positive behaviors and incentives offered; (ii) violations and corresponding sanctions; and (iii) whether the minor has a subsequent violation after a sanction. (4) Before referring a minor to a juvenile court for judicial review, or to the authority if the minor is under the jurisdiction of the authority, in response to a contempt filing under Section 78A-6-353 or an order to show cause, a pattern of appropriate responses shall be documented in the minor's case plan in accordance with Subsections (3)(a) and (b) . (5) Notwithstanding Subsection (4), if a minor violates a protective order or an ex parte protective order listed in Section 78B-7-803, the violation may be filed directly with the juvenile court.
Utah Code § 80-4-502 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-502
§ 80-4-502. Safe relinquishment of a newborn child -- Termination of parental rights -- Affirmative defense.
Status: in_force

(1) (a) A parent or a parent's designee may safely relinquish a newborn child at a hospital in accordance with this part and retain complete anonymity, so long as the newborn child has not been subject to abuse or neglect. (b) Safe relinquishment of a newborn child who has not otherwise been subject to abuse or neglect shall not, in and of itself, constitute neglect, and the newborn child may not be considered a neglected child so long as the relinquishment is carried out in substantial compliance with this part. (2) (a) Personnel employed by a hospital shall accept a newborn child who is relinquished under this part, and may presume that the individual relinquishing is the newborn child's parent or the parent's designee. (b) The person receiving the newborn child may request information regarding the parent and newborn child's medical histories, and identifying information regarding the nonrelinquishing parent of the newborn child. (c) If the newborn child's parent or the parent's designee provides the person receiving the newborn child with any of the information described in Subsection (2)(b) or any other personal items, the person shall provide the information or personal items to the division. (d) Personnel employed by the hospital shall: (i) provide any necessary medical care to the newborn child; (ii) notify the division of receipt of the newborn child as soon as possible, but no later than 24 hours after receipt of the newborn child; and (iii) prepare a birth certificate or foundling birth certificate if parentage is unknown for the newborn child and file the certificate with the Office of Vital Records and Statistics within the Department of Health and Human Services. (e) A hospital and personnel employed by a hospital are immune from any civil or criminal liability arising from accepting a newborn child if the personnel employed by the hospital substantially comply with the provisions of this part and medical treatment is administered according to standard medical practice. (3) The division shall assume care and protective custody of the newborn child immediately upon notice from the hospital. (4) So long as the division determines there is no abuse or neglect of the newborn child, neither the newborn child nor the child's parents are subject to: (a) the investigation provisions contained in Section 80-2-701; or (b) the provisions of Chapter 3, Abuse, Neglect, and Dependency Proceedings. (5) (a) Unless identifying information relating to the nonrelinquishing parent of the newborn child is provided, the division shall: (i) work with local law enforcement and the Bureau of Criminal Identification within the Department of Public Safety in an effort to ensure that the newborn child has not been identified as a missing child; (ii) immediately place or contract for placement of the newborn child in a potential adoptive home and, within 10 days after the day on which the child is received, file a petition for termination of parental rights in accordance with this chapter; (iii) direct the Office of Vital Records and Statistics within the Department of Health and Human Services to conduct a search for: (A) a birth certificate for the newborn child; and (B) unmarried biological fathers in the registry maintained by the Office of Vital Records and Statistics in accordance with Title 81, Chapter 5, Part 4, Registry; and (iv) provide notice to each potential father identified on the registry described in Subsection (5)(a)(iii) in accordance with Title 81, Chapter 5, Part 4, Registry. (b) (i) If no individual has affirmatively identified himself or herself within two weeks after the day on which notice under Subsection (5)(a)(iv) is complete and established paternity by scientific testing within as expeditious a time frame as practicable, a hearing on the petition for termination of parental rights shall be scheduled and notice provided in accordance with this chapter. (ii) If a nonrelinquishing parent is not identified, relinquishment of a newborn child under this part is considered grounds for termination of parental rights of both the relinquishing and nonrelinquishing parents under Section 80-4-301. (6) If at any time before the day on which the newborn child is adopted, the juvenile court finds it is in the best interest of the newborn child, the court shall deny the petition for termination of parental rights. (7) The division shall provide for, or contract with a child-placing agency to provide for expeditious adoption of the newborn child. (8) So long as the individual relinquishing a newborn child is the newborn child's parent or designee, and there is no abuse or neglect, safe relinquishment of a newborn child in substantial compliance with this part is an affirmative defense to any potential criminal liability for abandonment or neglect relating to the relinquishment.
Utah Code § 80-3-404 — Utah Code / Title 80 / Chapter 80-3 / § 80-3-404
§ 80-3-404. Finding of severe child abuse or neglect -- Order delivered to division -- Court records.
Status: in_force

(1) If an abuse, neglect, or dependency petition filed with the juvenile court pursuant to Section 80-3-201 informs the juvenile court that the division has made a supported finding that an individual committed a severe type of child abuse or neglect, the juvenile court shall: (a) make a finding of substantiated, unsubstantiated, or without merit; (b) include the finding described in Subsection (1)(a) in a written order; and (c) deliver a certified copy of the order described in Subsection (1)(b) to the division. (2) The juvenile court shall make the finding described in Subsection (1): (a) as part of the adjudication hearing; (b) at the conclusion of the adjudication hearing; or (c) as part of a court order entered under a written stipulation of the parties. (3) In accordance with Section 80-2-707, a proceeding for adjudication of 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 of a severe type of child abuse or neglect. (4) (a) The juvenile court shall make a record of the juvenile court's findings under Subsection (1) available only to an individual with statutory authority to access the Licensing Information System for the purposes of licensing under Sections 26B-1-211, 26B-2-120, and 26B-2-404, or for the purposes described in Sections 26B-2-121, 26B-2-238 through 26B-2-241, or 53-2d-410. (b) An appellate court shall make a record of an appeal from the juvenile court's decision under Subsection (1) available only to an individual with statutory authority to access the Licensing Information System for the purposes described in Subsection (4)(a).
Utah Code § 80-6-908 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-908
§ 80-6-908. Establishing a youth court -- Sponsoring entity responsibilities.
Status: in_force

(1) A youth court may be established by a sponsoring entity or by a private nonprofit entity that contracts with a sponsoring entity. (2) The sponsoring entity shall: (a) oversee the formation of the youth court; (b) provide assistance with the application for certification from the Youth Court Board; and (c) provide assistance for the training of youth court members.
Utah Code § 80-6-1103 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1103
§ 80-6-1103. Article 2 -- Definitions.
Status: in_force

(1) As used in this compact, unless the context clearly requires a different construction: (a) "By-laws" means those by-laws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct. (b) "Compact Administrator" means the individual in each compacting state appointed pursuant to the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission, and policies adopted by the State Council under this compact. (c) "Compacting State" means any state which has enacted the enabling legislation for this compact. (d) "Commissioner" means the voting representative of each compacting state appointed pursuant to Section 80-6-1104. (e) "Court" means any court having jurisdiction over delinquent, neglected, or dependent children. (f) "Deputy Compact Administrator" means the individual, if any, in each compacting state appointed to act on behalf of a Compact Administrator pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission, and policies adopted by the State Council under this compact. (g) "Interstate Commission" or "commission" means the Interstate Commission for Juveniles created by Section 80-6-1104. (h) "Juvenile" means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including: (i) "accused delinquent" meaning a person charged with an offense that, if committed by an adult, would be a criminal offense; (ii) "accused status offender" meaning a person charged with an offense that would not be a criminal offense if committed by an adult; (iii) "adjudicated delinquent" meaning a person found to have committed an offense that, if committed by an adult, would be a criminal offense; (iv) "adjudicated status offender" meaning a person found to have committed an offense that would not be a criminal offense if committed by an adult; and (v) "nonoffender" meaning a person in need of supervision who has not been accused or adjudicated a status offender or delinquent. (i) "Noncompacting state" means any state which has not enacted the enabling legislation for this compact. (j) "Probation or Parole" means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states. (k) "Rule" means a written statement by the Interstate Commission promulgated pursuant to Section 80-6-1107 that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the Commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule. (l) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands. (2) The definitions in Section 80-1-102 do not apply to this compact.
Utah Code § 80-4-202 — Utah Code / Title 80 / Chapter 80-4 / § 80-4-202
§ 80-4-202. Contents of petition.
Status: in_force

(1) A petition for termination of parental rights shall include, to the best information or belief of the petitioner: (a) the information required by Utah Rules of Juvenile Procedure, Rule 17; (b) the grounds on which termination of parental rights is sought, in accordance with Section 80-4-301; and (c) the names and addresses of the individuals or the authorized agency to whom legal custody or guardianship of the child might be transferred. (2) The petitioner shall attach a copy of a relinquishment or consent, if any, previously executed by the parent or parents to the petition described in Subsection (1).
Utah Code § 80-6-1108 — Utah Code / Title 80 / Chapter 80-6 / § 80-6-1108
§ 80-6-1108. Article 7 -- Oversight, enforcement, and dispute resolution by the Interstate Commission.
Status: in_force

(1) Section A. Oversight (a) The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor activities being administered in noncompacting states which may significantly affect compacting states. (b) The courts and executive agencies in each compacting state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission, it shall be entitled to receive all service of process in any proceeding, and shall have standing to intervene in the proceeding for all purposes. (2) Section B. Dispute Resolution (a) The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its by-laws and rules. (b) The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and noncompacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states. (c) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Section 80-6-1110.