UT Code § 80-3-405 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 3 - Abuse, Neglect, and Dependency Proceedings|Part 4 - Adjudication, Disposition, and Permanency|Section 405 - Dispositions after adjudication.

 Effective 9/1/2021  80-3-405. Dispositions after adjudication.    (1)   (a) Upon adjudication under Subsection 80-3-402(1), the juvenile court may make the dispositions described in Subsection (2) at the dispositional hearing.       (2)   (a)   (i) The juvenile court may vest custody of an abused, neglected, or dependent minor in the division or any other appropriate person, with or without court-specified child welfare services, in accordance with the requirements and procedures of this chapter.     (ii) When placing a minor in the custody of the division or any other appropriate person, the juvenile court:   (A) shall give primary consideration to the welfare of the minor;     (B) shall give due consideration to the rights of the parent or parents concerning the minor; and     (C) when practicable, may take into consideration the religious preferences of the minor and of the minor's parents or guardian.         (b)   (i) The juvenile court may appoint a guardian for the minor if it appears necessary in the interest of the minor.     (ii) A guardian appointed under Subsection (2)(b)(i) may be a public or private institution or agency, but not a nonsecure residential placement provider, in which legal custody of the minor is vested.     (iii) When placing a minor under the guardianship of an individual or of a private agency or institution, the juvenile court:   (A) shall give primary consideration to the welfare of the minor; and     (B) when practicable, may take into consideration the religious preferences of the minor and of the minor's parents or guardian.         (c) The juvenile court may order:   (i) protective supervision;     (ii) family preservation;     (iii) sibling visitation; or     (iv) other services.       (d)   (i) If a minor has been placed with an individual or relative as a result of an adjudication under this chapter, the juvenile court may enter an order of permanent legal custody and guardianship with the individual or relative of the minor.     (ii) If a juvenile court enters an order of permanent custody and guardianship with an individual or relative of a minor under Subsection (2)(d)(i), the juvenile court may, in accordance with Section 78A-6-356, enter an order for child support on behalf of the minor against the natural parents of the minor.     (iii) An order under this Subsection (2)(d):   (A) shall remain in effect until the minor is 18 years old;     (B) is not subject to review under Section 78A-6-358; and     (C) may be modified by petition or motion as provided in Section 78A-6-357.         (e) The juvenile court may order a child be committed to the physical custody, as defined in Section 62A-15-701, of a local mental health authority, in accordance with the procedures and requirements of Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.     (f)   (i) If the child has an intellectual disability, the juvenile court may make an order committing a minor to the Utah State Developmental Center in accordance with Title 62A, Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with an Intellectual Disability.     (ii) The juvenile court shall follow the procedure applicable in the district court with respect to judicial commitments to the Utah State Developmental Center when ordering a commitment under Subsection (2)(f)(i).       (g)   (i) Subject to Subsection 80-1-102(51)(b) and Section 80-3-304, the juvenile court may order that a minor:   (A) be examined or treated by a mental health therapist, as described in Section 80-3-109; or     (B) receive other special care.       (ii) For purposes of receiving the examination, treatment, or care described in Subsection (2)(g)(i), the juvenile court may place the minor in a hospital or other suitable facility that is not secure care or secure detention.     (iii) In determining whether to order the examination, treatment, or care described in Subsection (2)(g)(i), the juvenile court shall consider:   (A) the desires of the minor;     (B) the desires of the parent or guardian of the minor if the minor is younger than 18 years old; and     (C) whether the potential benefits of the examination, treatment, or care outweigh the potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain function impairment, or emotional or physical harm resulting from the compulsory nature of the examination, treatment, or care.         (h) The juvenile court may make other reasonable orders for the best interest of the minor.       (3) Upon an adjudication under this chapter, the juvenile court may not:   (a) commit a minor solely on the ground of abuse, neglect, or dependency to the Division of Juvenile Justice Services;     (b) assume the function of developing foster home services; or     (c) vest legal custody of an abused, neglected, or dependent minor in the division to primarily address the minor's ungovernable or other behavior, mental health, or disability, unless the division:   (i) engages other relevant divisions within the department that are conducting an assessment of the minor and the minor's family's needs;     (ii) based on the assessment described in Subsection (3)(c)(i), determines that vesting custody of the minor in the division is the least restrictive intervention for the minor that meets the minor's needs; and     (iii) consents to legal custody of the minor being vested in the division.         (4) The juvenile court may combine the dispositions listed in Subsection (2) if combining the dispositions is permissible and the dispositions are compatible.    Enacted by Chapter 261, 2021 General Session