2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 6 - Delinquency Proceedings › Section 606 - Validated risk and needs assessment -- Examination of minor or minor's parent or guardian -- Temporary custody or appointment of guardian.

Effective 5/4/2022
80-6-606.
Validated risk and needs assessment -- Examination of minor or minor's parent or guardian -- Temporary custody or appointment of guardian.
(1)
(a) If a minor is adjudicated for an offense under this chapter, the minor shall undergo a risk screening or, if indicated, a validated risk and needs assessment.
(b) If a minor undergoes a risk screening or a validated risk and needs assessment, the results of the screening or assessment shall be used to inform the juvenile court's disposition and any case planning for the minor.
(c) If a minor undergoes a validated risk and needs assessment, the results of the assessment may not be shared with the juvenile court before the adjudication of the minor.
(2) If the juvenile court's continuing jurisdiction over a minor's case is terminated, the minor shall undergo a validated risk and needs assessment within seven days of the day on which an order terminating the juvenile court's continuing jurisdiction is issued if:
(a) the minor is adjudicated under this chapter; and
(b) the minor underwent a validated risk and needs assessment under Subsection (1).
(3)
(a) If a petition under this chapter has been filed for a minor, a juvenile court may:
(i) order that the minor be examined by a physician, surgeon, psychiatrist, or psychologist; and
(ii) place the minor in a hospital or other facility for examination.
(b) After notice and a hearing set for the specific purpose, the juvenile court may order an examination of a minor's parent or guardian whose ability to care for a minor is at issue if the juvenile court finds from the evidence presented at the hearing that the parent's or guardian's physical, mental, or emotional condition may be a factor in causing the delinquency of the minor.
(c) An examination conducted in accordance with this Subsection (3) is not a privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general rule of privilege.
(4)
(a) Subject to Subsection (4)(b), if a petition under this chapter has been filed for a child, a juvenile court may:
(i) place the child in the temporary custody of a relative or other suitable individual if the child's parent or guardian consents to the placement;
(ii) appoint a guardian for the child if it appears a guardian is in the necessary interests of the child and the child's parent or guardian consents to the appointment; or
(iii) place the child in the temporary custody of a relative or other suitable individual under Subsection (4)(a)(i) or appoint a guardian for the child under Subsection (4)(a)(ii) without the consent of the child's parent or guardian if the child's parent or guardian cannot be located with reasonable diligence.
(b) The juvenile court may not grant temporary custody or a guardianship of a child to the Division of Child and Family Services under Subsection (4)(a) to address the minor's ungovernable or other behavior, mental health, or other disability, unless the Division of Child and Family Services:
(i) engages other relevant divisions of the department in conducting an assessment of the child and the child's family's needs;
(ii) based on an assessment under Subsection (4)(b)(i), determines that granting temporary custody or a guardianship of the child to the Division of Child and Family Services is the least restrictive intervention for the child that meets the child's needs; and
(iii) consents to the child being committed to the temporary custody of, or placed in a guardianship, with the Division of Child and Family Services.
Amended by Chapter 155, 2022 General Session