2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 1 - General Provisions › Section 103 - Notification to a school -- Civil and criminal liability.

Effective 5/3/2023
80-6-103.
Notification to a school -- Civil and criminal liability.
(1) As used in this section:
(a) "School" means a school in a local education agency.
(b) "Local education agency" means a school district, a charter school, or the Utah Schools for the Deaf and the Blind.
(c) "School official" means:
(i) the school superintendent of the district in which the minor resides or attends school; or
(ii) if there is no school superintendent for the school, the principal of the school where the minor attends.
(d) "Transferee school official" means:
(i) the school superintendent of the district in which the minor resides or attends school if the minor is admitted to home detention; or
(ii) if there is no school superintendent for the school, the principal of the school where the minor attends if the minor is admitted to home detention.
(2) A notification under this section is provided for a minor's supervision and student safety.
(3)
(a) If a minor is taken into temporary custody under Section 80-6-201 for a violent felony or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the peace officer, or other person who has taken the minor into temporary custody, shall notify a school official within five days after the day on which the minor is taken into temporary custody.
(b) A notification under this Subsection (3) shall only disclose:
(i) the name of the minor;
(ii) the offense for which the minor was taken into temporary custody or admitted to detention; and
(iii) if available, the name of the victim if the victim resides in the same school district as the minor or attends the same school as the minor.
(4) After a detention hearing for a minor who is alleged to have committed a violent felony, or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the juvenile court shall order a juvenile probation officer to notify a school official, or a transferee school official, and the appropriate local law enforcement agency of the juvenile court's decision, including any disposition, order, or no-contact order.
(5) If a designated staff member of a detention facility admits a minor to home detention under Section 80-6-205 and notifies the juvenile court of that admission, the juvenile court shall order a juvenile probation officer to notify a school official, or a transferee school official, and the appropriate local law enforcement agency that the minor has been admitted to home detention.
(6)
(a) If the juvenile court adjudicates a minor for an offense of violence or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the juvenile court shall order a juvenile probation officer to notify a school official, or a transferee school official, of the adjudication.
(b) A notification under this Subsection (6) shall be given to a school official, or a transferee school official, within three days after the day on which the minor is adjudicated.
(c) A notification under this section shall include:
(i) the name of the minor;
(ii) the offense for which the minor was adjudicated; and
(iii) if available, the name of the victim if the victim:
(A) resides in the same school district as the minor; or
(B) attends the same school as the minor.
(7) If the juvenile court orders probation under Section 80-6-702, the juvenile court shall order a juvenile probation officer to notify the appropriate local law enforcement agency and the school official of the juvenile court's order for probation.
(8)
(a) An employee of the local law enforcement agency, or the school the minor attends, who discloses a notification under this section is not:
(i) civilly liable except when the disclosure constitutes fraud or willful misconduct as provided in Section 63G-7-202; and
(ii) civilly or criminally liable except when the disclosure constitutes a knowing violation of Section 63G-2-801.
(b) An employee of a governmental agency is immune from any criminal liability for failing to provide the information required by this section, unless the employee fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
(9)
(a) A notification under this section shall be classified as a protected record under Section 63G-2-305.
(b) All other records of disclosures under this section are governed by Title 63G, Chapter 2, Government Records Access and Management Act, and the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
Amended by Chapter 161, 2023 General Session