2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 7 - Adjudication and Disposition › Section 703 - Placement of a child -- Commitment of a minor to the division -- Limitations.

Effective 5/4/2022
80-6-703.
Placement of a child -- Commitment of a minor to the division -- Limitations.
(1)
(a) If a child is adjudicated for an offense under Section 80-6-701, the juvenile court may:
(i) place the child in the legal custody of a relative or other suitable individual regardless of whether the minor is placed on probation under Subsection 80-6-702(1); or
(ii) appoint a guardian for the child if it appears that a guardian is necessary in the interest of the child.
(b) The juvenile court may not assume the function of developing foster home services in placing a child in the legal custody of a relative or other suitable individual under Subsection (1)(a).
(c)
(i) If the juvenile court appoints a guardian for a child under Subsection (1)(a)(ii), the juvenile court:
(A) may appoint a public or private institution or agency as the guardian of the child; and
(B) may not appoint a nonsecure residential placement provider for which legal custody of the child is vested.
(d) In placing a child under the guardianship or legal custody of an individual or private agency or institution under Subsection (1)(a)(ii), the juvenile court:
(i) shall give primary consideration to the welfare of the child; and
(ii) may take into consideration the religious preferences of the child and the child's parent.
(2) If a minor is adjudicated under Section 80-6-701, the juvenile court shall only commit the minor to the division and order the division to provide recommendations and services if:
(a) nonresidential treatment options have been exhausted or nonresidential treatment options are not appropriate; and
(b) the minor is adjudicated under this chapter for:
(i) a felony;
(ii) a misdemeanor when the minor has five prior misdemeanors or felony adjudications arising from separate criminal episodes; or
(iii) a misdemeanor involving the use of a dangerous weapon as defined in Section 76-1-101.5.
(3) A juvenile court may not commit a minor to the division:
(a) for residential observation and evaluation or residential observation and assessment;
(b) for contempt of court, except to the extent permitted under Section 78A-6-353;
(c) for a violation of probation;
(d) for failure to pay a fine, fee, restitution, or other financial obligation;
(e) for unfinished compensatory or community service hours;
(f) for an infraction; or
(g) for a status offense.
(4) If the juvenile court commits a minor to the division, the juvenile court shall:
(a) find whether the minor is being committed to the division for placement in a community-based program, secure detention under Section 80-6-704, or secure care under Section 80-6-705;
(b) specify the criteria under Subsection (3) for which the juvenile court is committing the minor to the division; and
(c) establish the period of time that the minor is committed to the division in accordance with Section 80-6-712.
(5)
(a) Except for an order for secure care under Section 80-6-705, if the juvenile court commits a minor to the division, or places the minor with an individual under this section, the juvenile court shall include in the order a date for a review and presumptive termination of the minor's case by the juvenile court in accordance with Section 80-6-712.
(b) For each review of a minor's case under Subsection (5)(a), the juvenile court shall set a new date for a review and presumptive termination of the minor's case.
(6) If a minor is adjudicated for an offense under Section 80-6-701, a juvenile court may not commit a minor to:
(a) except as provided in Subsection (7), the Division of Child and Family Services; or
(b) a correctional facility.
(7) The juvenile court may not commit a minor to the Division of Child and Family Services to address the minor's ungovernable or other behavior, mental health, or disability, unless the Division of Child and Family Services:
(a) engages other relevant divisions of the department in conducting an assessment of the minor and the minor's family's needs;
(b) based on an assessment under Subsection (7)(a), determines that committing the minor to the Division of Child and Family Services is the least restrictive intervention for the minor that meets the minor's needs; and
(c) consents to the minor being committed to the Division of Child and Family Services.
(8) If a minor is committed to the division under this section, the division may not transfer custody of the minor to a correctional facility.
Amended by Chapter 430, 2022 General Session