Utah
Responsible Branch
Judicial
Organization
Probation services are provided at the district level by the juvenile court system.
Purpose
The purpose of the court under this chapter is to:
- promote public safety and individual accountability by the imposition of appropriate sanctions on persons who have committed acts in violation of law;
- order appropriate measures to promote guidance and control, preferably in the minor's own home, as an aid in the prevention of future unlawful conduct and the development of responsible citizenship;
- where appropriate, order rehabilitation, reeducation, and treatment for persons who have committed acts bringing them within the court's jurisdiction;
- adjudicate matters that relate to minors who are beyond parental or adult control and to establish appropriate authority over these minors by means of placement and control orders;
- adjudicate matters that relate to abused, neglected, and dependent children and to provide care and protection for minors by placement, protection, and custody orders;
- remove a minor from parental custody only where the minor's safety or welfare, or the public safety, may not otherwise be adequately safeguarded; and
- consistent with the ends of justice, act in the best interests of the minor in all cases and preserve and strengthen family ties. (Juvenile Court)
Interstate Compact Participant
Yes
Process
A law enforcement officer or any other person having knowledge of or reason to believe facts that would bring a minor within the court's jurisdiction for delinquency may refer the minor to the court by submitting a written report, on forms prescribed by the court. The report shall indicate whether the alleged offense is a felony, misdemeanor, infraction, or status offense. An intake officer of the probation department shall make a preliminary determination, with the assistance of the prosecuting attorney if necessary, as to whether the minor qualifies for a nonjudicial adjustment. If the referral does not establish that the minor qualifies for a nonjudicial adjustment, the intake officer shall forward the referral to the prosecutor.
If the minor qualifies for a nonjudicial adjustment pursuant to statute, the probation intake officer shall offer a nonjudicial adjustment to the minor.
If a minor does not qualify for a nonjudicial adjustment, the probation intake officer may conduct one or more interviews with the minor, or if a child, then with the child and at least one of the child's parent, guardian or custodian and may invite the referring party and the victim, if any, to attend or otherwise seek further information from them. Attendance at any such interview shall be voluntary and the probation intake officer may not compel the disclosure of any information or the visiting of any place.
In any such interview, the minor, or if a child, then the child and the child's parent, guardian or custodian must be advised that the interview is voluntary, that they have a right to have counsel present to represent the minor, that the minor has the right not to disclose any information, and that any information disclosed that could tend to incriminate the minor cannot be used against the minor in court to prove whether the minor committed the offense alleged in the referral.
If the probation intake officer concludes on the basis of the preliminary inquiry that nonjudicial adjustment is appropriate and is authorized by law, the officer may seek agreement with the minor, or if a child, then with the child and the child's parent, guardian or custodian to a proposed nonjudicial adjustment.
If an agreement is reached and the terms and conditions agreed upon are satisfactorily complied with by the minor, or if a child, then with the child and the child's parent, guardian or custodian, the case shall be closed without petition. Such resolution of the case shall not be deemed an adjudication of jurisdiction of the court and shall not constitute an official record of juvenile court action or disposition. A nonjudicial adjustment may be considered by the probation intake officer in a subsequent preliminary inquiry and by the court for purposes of disposition only following adjudication of a subsequent delinquency involving the same minor.
Attempts to effect nonjudicial adjustment of a case shall not extend beyond 90 days without authorization by the court, and then for no more than an additional 90 days.
A minor may be taken into custody by a peace officer without a court order if the officer has probable cause to believe that:
- the minor has committed an offense under municipal, state, or federal law;
- the minor has committed an act which if committed by an adult would be a felony;
- the minor:
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- is seriously endangered in the minor's surroundings; or
- seriously endangers others; and
- immediate removal appears to be necessary for the minor's protection or the protection of others;
- the minor has run away or escaped from the minor's parents, guardian, or custodian; or
- that the minor is:
- subject to the state's compulsory education law; and
- absent from school without legitimate or valid excuse, subject to Section 53G-6-208.
A private citizen or a probation officer may take a minor into custody if under the circumstances the private citizen or probation officer could make a citizen's arrest if the minor was an adult.
A probation officer may take a minor into custody:
- under the same circumstances as a peace officer in Subsection (1);
- if the minor has violated the conditions of probation;
- if the minor is under the continuing jurisdiction of the juvenile court; or
- in emergency situations in which a peace officer is not immediately available.
If an officer or other person takes a minor into temporary custody under Subsection (1) or (2), the officer or person shall, without unnecessary delay, notify the parents, guardian, or custodian.
The minor shall then be released to the care of the minor's parent or other responsible adult, unless the minor's immediate welfare or the protection of the community requires the minor's detention.
If the minor is taken into custody under Subsection (1) or (2) or placed in detention under Subsection (4) for a violent felony, as defined in Section 76-3-203.5, or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the officer or other law enforcement agent taking the minor into custody shall, as soon as practicable or as established under Subsection 53G-8-402(2), notify the school superintendent of the district in which the minor resides or attends school for the purposes of the minor's supervision and student safety.
The notice shall disclose only:
- the name of the minor;
- the offense for which the minor was taken into custody or detention; and
- 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.
- The notice shall be classified as a protected record under Section 63G-2-305.
- All other records disclosures are governed by Title 63G, Chapter 2, Government Records Access and Management Act, and the federal Family Educational Rights and Privacy Act.
Employees of a governmental agency are immune from any criminal liability for providing or failing to provide the information required by this section unless the person acts or fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
Before the minor is released, the parent or other person to whom the minor is released shall be required to sign a written promise on forms supplied by the court to bring the minor to the court at a time set or to be set by the court.
A child may not be held in temporary custody by law enforcement any longer than is reasonably necessary to obtain the child's name, age, residence, and other necessary information and to contact the child's parents, guardian, or custodian.
If the minor is not released under Subsection (3), the minor shall be taken to a place of detention or shelter without unnecessary delay.
The person who takes a minor to a detention or shelter facility shall promptly file with the detention or shelter facility a written report on a form provided by the division stating:
- the details of the presently alleged offense;
- the facts that bring the minor within the jurisdiction of the juvenile court;
- the reason the minor was not released by law enforcement; and
- the eligibility of the minor under the division guidelines for detention admissions established by the Division of Juvenile Justice Services under Section 62A-7-202 if the minor is under consideration for detention.
The designated facility staff person shall immediately review the form and determine, based on the guidelines for detention admissions established by the Division of Juvenile Justice Services under Section 62A-7-202, the results of the detention risk assessment, and the criteria for detention eligibility under Section 78A-6-113, whether to:
- admit the minor to secure detention;
- admit the minor to home detention;
- place the minor in another alternative to detention; or
- return the minor home upon written promise to bring the minor to the court at a time set, or without restriction.
If the designated facility staff person determines to admit the minor to home detention, that staff person shall notify the juvenile court of that determination. The court shall order that notice be provided to the designated persons in the local law enforcement agency and the school or transferee school, if applicable, which the minor attends of the home detention. The designated persons may receive the information for purposes of the minor's supervision and student safety.
Any employee of the local law enforcement agency and the school that the minor attends who discloses the notification of home detention is not:
- civilly liable except when disclosure constitutes fraud or willful misconduct as provided in Section 63G-7-202; and
- civilly or criminally liable except when disclosure constitutes a knowing violation of Section 63G-2-801.
The person who takes a minor to a detention facility or the designated facility staff person may release a minor to a less restrictive alternative even if the minor is eligible for secure detention under this Subsection (5).
A minor may not be admitted to detention unless:
- the minor is detainable based on the guidelines; or
- the minor has been brought to detention in accordance with:
- a judicial order; or
- a division warrant in accordance with Section 62A-7-504.
If a minor taken to detention does not qualify for admission under the guidelines established by the division under Section 62A-7-104 or the eligibility criteria under Subsection (4) and this Subsection (5), detention staff shall arrange an appropriate alternative.
If a minor is taken into custody and admitted to a secure detention or shelter facility, facility staff shall:
- immediately notify the minor's parents, guardian, or custodian; and
- promptly notify the court of the placement.
If the minor is admitted to a secure detention or shelter facility outside the county of the minor's residence and it is determined in the hearing held under Subsection 78A-6-113(3) that detention shall continue, the judge or commissioner shall direct the sheriff of the county of the minor's residence to transport the minor to a detention or shelter facility as provided in this section.
An individual may be taken into custody by a peace officer without a court order:
- if the individual is in apparent violation of a protective order; or
- if there is reason to believe that a child is being abused by the individual and any of the situations described in Section 77-7-2 exist.
As used in this section, “referral” means a formal referral, a referral to the court under Section 53G-8-211 or Subsection 78A-6-601 (2)(b), or a citation issued to a minor for which the court receives notice under Section 78A-6-603.
A peace officer, or a public official of the state, a county, city, or town charged with the enforcement of the laws of the state or local jurisdiction, shall file a formal referral with the court within 10 days of a minor's arrest.
If the arrested minor is taken to a detention facility, the peace officer, or public official, shall file the formal referral with the court within 24 hours.
A peace officer, public official, school district, or school may only make a referral to the court under Section 53G-8-211 for an offense that is subject to referral under Section 53G-8-211.
If the court receives a referral for a minor who is, or appears to be, within the court's jurisdiction, the court's probation department shall make a preliminary inquiry in accordance with Subsections (5), (6), and (7) to determine whether the minor is eligible to enter into a nonjudicial adjustment.
If a minor is referred to the court for multiple offenses arising from a single criminal episode, and the minor is eligible under this section for a nonjudicial adjustment, the court's probation department shall offer the minor one nonjudicial adjustment for all offenses arising from the single criminal episode.
The court's probation department may:
- conduct a validated risk and needs assessment; and
- request that a prosecuting attorney review a referral in accordance with Subsection (11) if:
- the results of the validated risk and needs assessment indicate the minor is high risk; or
- the results of the validated risk and needs assessment indicate the minor is moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5, Offenses Against the Person, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
If a minor violates Section 41-6a-502, the minor shall:
- undergo a drug and alcohol screening;
- if found appropriate by the screening, participate in an assessment; and
- if warranted by the screening and assessment, follow the recommendations of the assessment.
Except as provided in Subsection (7)(b), the probation department shall request that a prosecuting attorney review a referral in accordance with Subsection (11) if:
- the referral involves:
- a felony offense; or
- a violation of:
- Section 41-6a-502, driving under the influence;
- Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury;
- Section 76-5-206, negligent homicide;
- Section 76-9-702.1, sexual battery;
- Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises; or
- Section 76-10-509, possession of a dangerous weapon by minor, but only if the dangerous weapon is a firearm;
- the minor has a current suspended order for custody under Subsection 78A-6-117(5)(a); or
- the referral involves an offense alleged to have occurred before an individual was 12 years old and the offense is a felony violation of:
- Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
- Section 76-5-202, aggravated murder or attempted aggravated murder;
- Section 76-5-203, murder or attempted murder;
- Section 76-5-302, aggravated kidnapping;
- Section 76-5-405, aggravated sexual assault;
- Section 76-6-103, aggravated arson;
- Section 76-6-203, aggravated burglary;
- Section 76-6-302, aggravated robbery; or
- Section 76-10-508.1, felony discharge of a firearm.
Except as provided in Subsections (5) and (6), the court's probation department shall offer a nonjudicial adjustment to a minor if the minor:
- is referred for an offense that is a misdemeanor, infraction, or status offense;
- has no more than two prior adjudications; and
- has no more than three prior unsuccessful nonjudicial adjustment attempts.
If the court receives a referral for an offense that is alleged to have occurred before an individual was 12 years old, the court's probation department shall offer a nonjudicial adjustment to the individual, unless the referral includes an offense described in Subsection (6)(c).
For purposes of determining a minor's eligibility for a nonjudicial adjustment under this Subsection (7), the court's probation department shall treat all offenses arising out of a single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial adjustment.
For purposes of determining a minor's eligibility for a nonjudicial adjustment under this Subsection (7), the court's probation department shall treat all offenses arising out of a single criminal episode that resulted in one or more prior adjudications as a single adjudication.
Except as provided in Subsection (6), the court's probation department may offer a nonjudicial adjustment to a minor who does not meet the criteria provided in Subsection (7)(a).
For a nonjudicial adjustment, the court's probation department may require a minor to:
- pay a financial penalty of no more than $250 to the juvenile court, subject to the terms established under Subsection (10)(c);
- pay restitution to any victim;
- complete community or compensatory service;
- attend counseling or treatment with an appropriate provider;
- attend substance abuse treatment or counseling;
- comply with specified restrictions on activities or associations;
- attend victim-offender mediation if requested by the victim; and
- comply with any other reasonable action that is in the interest of the minor, the community, or the victim.
Within seven days of receiving a referral that appears to be eligible for a nonjudicial adjustment in accordance with Subsection (7), the court's probation department shall provide an initial notice to reasonably identifiable and locatable victims of the offense contained in the referral.
The victim shall be responsible to provide to the probation department upon request:
- invoices, bills, receipts, and any other evidence of injury, loss of earnings, and out-of-pocket loss;
- 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
- proof of identification, including home and work address and telephone numbers.
The inability, failure, or refusal of the victim to provide all or part of the requested information shall result in the probation department determining restitution based on the best information available.
The court's probation department may not predicate acceptance of an offer of a nonjudicial adjustment on an admission of guilt.
The court's probation department may not deny a minor an offer of a nonjudicial adjustment due to a minor's inability to pay a financial penalty under Subsection (8).
The court's probation department shall base a fee, fine, or the restitution for a nonjudicial adjustment under Subsection (8) upon the ability of the minor's family to pay as determined by a statewide sliding scale developed in accordance with Section 63M-7-208 on or after July 1, 2018.
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.
Notwithstanding Subsection (10)(d), a juvenile court judge may extend a nonjudicial adjustment beyond the 180 days permitted under Subsection (10)(d) for a minor who is offered a nonjudicial adjustment under Subsection (7)(b) for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, or is referred under Subsection (11)(b)(ii) for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed before the minor was 12 years old, if the judge determines that:
- the nonjudicial adjustment requires specific treatment for the sexual offense;
- the treatment cannot be completed within 180 days after the day on which the minor entered into the nonjudicial adjustment; and
- the treatment is necessary based on a clinical assessment that is developmentally appropriate for the minor.
If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection (10)(e)(i), the judge may extend the nonjudicial adjustment until the minor completes the treatment under this Subsection (10)(e), but the judge may only grant each extension for 90 days at a time.
If a minor violates Section 76-10-105, the minor may be required to pay a fine or penalty and participate in a court-approved tobacco education program with a participation fee.
If a prosecuting attorney is requested to review a referral in accordance with Subsection (5) or (6), a minor fails to substantially comply with a condition agreed upon as part of the nonjudicial adjustment, or a minor is not offered or declines a nonjudicial adjustment in accordance with Subsection (7), the prosecuting attorney shall:
- review the case; and
- dismiss the case;
- refer the case back to the probation department for a new attempt at nonjudicial adjustment; or
- except as provided in Subsections (12)(b), (13), and 78A-6-602.5(2), file a petition with the court.
A prosecuting attorney may file a petition only upon reasonable belief that:
- the charges are supported by probable cause;
- admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and
- the decision to charge is in the interests of justice.
Failure to pay a fine or fee may not serve as a basis for filing of a petition under Subsection (11)(b)(iii) if the minor has substantially complied with the other conditions agreed upon in accordance with Subsection (8) or conditions imposed through any other court diversion program.
A prosecuting attorney may not file a petition against a minor unless:
- the prosecuting attorney has statutory authority to file the petition under Section 78A-6-602.5; and
- the minor does not qualify for a nonjudicial adjustment under Subsection (7);
- the minor declines a nonjudicial adjustment;
- the minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment;
- the minor fails to respond to the probation department's inquiry regarding eligibility for or an offer of a nonjudicial adjustment after being provided with notice for preliminary inquiry; or
- the prosecuting attorney is acting under Subsection (11).
If the prosecuting attorney files a petition in court or a proceeding is commenced against a minor under Section 78A-6-603, the court may refer the case to the probation department for another offer of nonjudicial adjustment.
A prosecuting attorney shall file a petition to commence a proceeding against a minor for an adjudication of an alleged offense, except as provided in:
- Subsection (2);
- Section 78A-6-603;
- Section 78A-6-702; and
- Section 78A-6-703.3.
A prosecuting attorney may not file a petition under Subsection (1) against an individual for an offense alleged to have occurred before the individual was 12 years old, unless:
- the individual is alleged to have committed a felony violation of:
- Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
- Section 76-5-202, aggravated murder or attempted aggravated murder;
- Section 76-5-203, murder or attempted murder;
- Section 76-5-302, aggravated kidnapping;
- Section 76-5-405, aggravated sexual assault;
- Section 76-6-103, aggravated arson;
- Section 76-6-203, aggravated burglary;
- Section 76-6-302, aggravated robbery; or
- Section 76-10-508.1, felony discharge of a firearm; or
- an offer for a nonjudicial adjustment is made under Section 78A-6-602 and the minor:
- declines to accept the offer for the nonjudicial adjustment; or
- fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment.
The probation department or other agency designated by the court shall make a dispositional report in writing in all minor's cases in which a petition has been filed, except that the court may dispense with the study and report in cases involving violations of traffic laws or ordinances, violations of wildlife laws, boating laws, and other minor cases.
When preparing a dispositional report and recommendation in a delinquency action, the probation department or other agency designated by the court shall consider the juvenile sentencing guidelines developed in accordance with Section 63M-7-404 and any aggravating or mitigating circumstances.
Where the allegations of a petition filed under Subsection 78A-6-103(1) are denied, the investigation may not be made until the court has made an adjudication.
Youth court is a diversion program that provides an alternative disposition for cases involving juvenile offenders in which youth participants, under the supervision of an adult coordinator, may serve in various capacities within the courtroom, acting in the role of jurors, lawyers, bailiffs, clerks, and judges.
Youth who appear before youth courts have been identified by law enforcement personnel, school officials, a prosecuting attorney, or the juvenile court as having committed acts which indicate a need for intervention to prevent further development toward juvenile delinquency, but which appear to be acts that can be appropriately addressed outside the juvenile court process.
Youth courts may only hear cases as provided for in this part.
Youth court is a diversion program and not a court established under the Utah Constitution, Article VIII.
A youth court may not accept referrals from law enforcement, schools, prosecuting attorneys, or a juvenile court unless the youth court is certified by the Utah Youth Court Board.
Any person may refer youth to a youth court for minor offenses or for any other eligible offense under Section 53G-8-211. Once a referral is made, the case shall be screened by an adult coordinator to determine whether it qualifies as a youth court case.
Youth courts have authority over youth:
- referred for one or more minor offenses or who are referred for other eligible offenses under Section 53G-8-211, or who are granted permission for referral under this part;
- who, along with a parent, guardian, or legal custodian, voluntarily and in writing, request youth court involvement; and
- who, along with a parent, guardian, or legal custodian, agree to follow the youth court disposition of the case.
Except with permission granted under Subsection (6), or pursuant to Section 53G-8-211, youth courts may not exercise authority over youth who are under the continuing jurisdiction of the juvenile court for law violations, including any youth who may have a matter pending which has not yet been adjudicated. Youth courts may, however, exercise authority over youth who are under the continuing jurisdiction of the juvenile court as set forth in this Subsection (5) if the offense before the youth court is not a law violation, and the referring agency has notified the juvenile court of the referral.
Youth courts may exercise authority over youth described in Subsection (5), and over any other offense with the permission of the juvenile court and the prosecuting attorney in the county or district that would have jurisdiction if the matter were referred to juvenile court.
Permission of the juvenile court may be granted by a probation officer of the court in the district that would have jurisdiction over the offense being referred to youth court.
Youth courts may decline to accept a youth for youth court disposition for any reason and may terminate a youth from youth court participation at any time.
A youth or the youth's parent, guardian, or legal custodian may withdraw from the youth court process at any time. The youth court shall immediately notify the referring source of the withdrawal.
The youth court may transfer a case back to the referring source for alternative handling at any time.
Referral of a case to youth court may not, if otherwise eligible, prohibit the subsequent referral of the case to any court.
Proceedings and dispositions of a youth court may only be shared with the referring agency, juvenile court, and victim.
When a person does not complete the terms ordered by a youth court, and if the case is referred to a juvenile court, the youth court shall provide the case file to the juvenile court.
Youth court dispositional options include:
- compensatory service;
- participation in law-related educational classes, appropriate counseling, treatment, or other educational programs;
- providing periodic reports to the youth court;
- participating in mentoring programs;
- participation by the youth as a member of a youth court;
- letters of apology;
- essays; and
- any other disposition considered appropriate by the youth court and adult coordinator.
Youth courts may not impose a term of imprisonment or detention and may not impose fines.
Youth court dispositions shall be completed within 180 days from the date of referral.
Youth court dispositions shall be reduced to writing and signed by the youth and a parent, guardian, or legal custodian indicating their acceptance of the disposition terms.
Youth court shall notify the referring source if a participant fails to successfully complete the youth court disposition. The referring source may then take any action it considers appropriate.
Youth courts may require that the youth pay a reasonable fee, not to exceed $50, to participate in youth court. This fee may be reduced or waived by the youth court in exigent circumstances. This fee shall be paid to and accounted for by the sponsoring entity. The fees collected shall be used for supplies and any training requirements.
Youth court participants are responsible for the all expenses of any classes, counseling, treatment, or other educational programs that are the disposition of the youth court.
Terms of Probation
At the time of disposition in any case wherein a minor is placed on probation, under protective supervision or in the legal custody of an individual or agency, the court shall also order that the individual supervising the minor or the placement, submit a written report to the court at a future date and appear personally, if directed by the court, for the purpose of a court review of the case. If a date certain is not scheduled at the time of disposition, notice by mail of such review shall be given by the petitioner, if the review is a mandatory review, or by the party requesting the review to the supervising agency not less than 5 days prior to the review. Such notice shall also be given to the guardian ad litem, if one was appointed.
No modification of a prior dispositional order shall be made at a paper review that would have the effect of further restricting the rights of the parent, guardian, custodian or minor, unless the affected parent, guardian custodian or minor waives the right to a hearing and stipulates to the modification. If a guardian ad litem is representing the minor, the court shall give a copy of the submitted documents to the guardian ad litem prior to the paper review.
Review Hearings.
Any party in a case subject to review may request a review hearing. The request must be in writing and the request shall set forth the facts believed by the requesting party to warrant a review by the court. If the court determines that the alleged facts, if true, would justify a modification of the dispositional order, a review hearing shall be scheduled with notice, including a copy of the request, to all other parties. The court may schedule a review hearing on its own motion.
The court may modify a prior dispositional order in a review hearing upon the stipulation of all parties and upon a finding by the court that such modification would not be contrary to the best interest of the minor and the public.
The court shall not modify a prior order in a review hearing that would further restrict the rights of the parent, guardian, custodian or minor if any party objects to the modification. Upon objection, the court shall schedule the matter for a motion hearing and require that a motion be filed with notice to all parties. A party requesting an evidentiary hearing shall state the request in the motion to modify the prior order or the response to the motion.
All cases which require periodic review hearings under Title 78A Chapter 6 shall be scheduled for court review not less than once every six months from the date of disposition.
Disposition Reviews. Upon the written request of any agency, individual or institution vested with legal custody or guardianship by prior court order, the court shall conduct a review hearing to determine if the prior order should remain in effect. Notice of the hearing, along with a copy of the written request, must be provided to all parties not less than 5 days prior to the hearing, unless the hearing is expedited.
Review of a case involving abuse, neglect, or dependency of a minor shall be conducted also in accordance with Section 78A-6-117, Section 78A-6-314 and Section 78A-6-315.
Intervention Plans. Intervention plans are plans prepared by the probation department or agencies assuming custody of the minor designed to assist the minor and/or the parent, guardian or custodian to address or correct issues that caused the court to be involved with the minor and his or her family.
In all cases where the disposition order places temporary legal custody or guardianship of the minor with an individual, agency, or institution, a proposed intervention plan shall be submitted by the probation department when probation has been ordered; by the agency having custody or guardianship; or by the agency providing protective supervision, within 30 days following the date of disposition. This intervention plan shall be updated whenever a substantial change in conditions or circumstances arises.
In cases where both parents have been permanently deprived of parental rights, the intervention plan shall identify efforts made by the child placing agency to secure the adoption of the minor and subsequent review hearings shall be held until the minor has been adopted or permanently placed.
Progress Reports.
A written progress report relating to the intervention plan shall be submitted to the court and all parties by the agency, which prepared the intervention plan at least two working days prior to the review hearing date.
The progress report shall contain the following:
- A review of the original conditions, which invoked the court's jurisdiction.
- Any significant changes in these conditions.
- The number and types of contacts made with each family member or other person related to the case.
- A statement of progress toward resolving the problems identified in the intervention plan.
- A report on the family's cooperation in resolving the problems.
- A recommendation for further order by the court.
In substantiation proceedings, a party may file a motion to set aside a default judgment or dismissal of a substantiation petition for failure to appear, within thirty days after the entry of the default judgment or dismissal. On motion and upon such terms as are just, the court may in the furtherance of justice relieve a party from a default judgment or dismissal if the court finds good cause for the party's failure to appear. The filing of a motion under this Subdivision does not affect the finality of a judgment or suspend its operation.
A judgment, order, or decree of the juvenile court is no longer in effect after a minor is 21 years old, except:
- for an order of commitment to the Utah State Developmental Center or to the custody of the Division of Substance Abuse and Mental Health;
- for an adoption under Subsection 78A-6-103(1);
- for an order permanently terminating the rights of a parent, guardian, or custodian;
- for a permanent order of custody and guardianship; and
- as provided in Subsection (2).
If the juvenile court enters a judgment or order for a minor for whom the court has extended continuing jurisdiction over the minor's case until the minor is 25 years old under Section 78A-6-703.4, the juvenile court's judgment or order is no longer in effect after the minor is 25 years old.
This section applies to a minor who is at least the age eligible for a driver license under Section 53-3-204 when found by the court to be within its jurisdiction by the commission of an offense under:
- Section 32B-4-409;
- Section 32B-4-410;
- Section 32B-4-411;
- Section 58-37-8;
- Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
- Title 58, Chapter 37b, Imitation Controlled Substances Act; or
- Subsection 76-9-701(1).
This section only applies when the minor is found by the court to be in actual physical control of a motor vehicle during the commission of one of the offenses under Subsection (1).
If the court hearing the case determines that the minor committed an offense under Section 58-37-8 or Title 58, Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b, Imitation Controlled Substances Act, the court may prepare and send to the Driver License Division of the Department of Public Safety an order to suspend that minor's driving privileges.
The court hearing the case may suspend the minor's driving privileges if the minor violated Section 32B-4-409, Section 32B-4-410, or Subsection 76-9-701(1).
The court may reduce a suspension period imposed under Section 53-3-219 if:
- the violation is the minor's first violation of:
- Section 32B-4-409;
- Section 32B-4-410;
- Section 58-37-8;
- Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
- Title 58, Chapter 37b, Imitation Controlled Substances Act; or
- Subsection 76-9-701(1); and
- the minor completes an educational series as defined in Section 41-6a-501; or
- the minor demonstrates substantial progress in substance use disorder treatment.
The court may reduce the suspension period required under Section 53-3-219 if:
- the violation is the minor's second or subsequent violation of:
- Section 32B-4-409;
- Section 32B-4-410;
- Section 58-37-8;
- Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
- Title 58, Chapter 37b, Imitation Controlled Substances Act; or
- Subsection 76-9-701(1);
- the minor has completed an educational series as defined in Section 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; and
- the person is 18 years of age or older and provides a sworn statement to the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (4)(a); or
- the person is under 18 years of age and has the person's parent or legal guardian provide an affidavit or sworn statement to the court certifying that to the parent or legal guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (4)(a).
If a minor commits a proof of age violation, as defined in Section 32B-4-411:
- the court may forward a record of adjudication to the Department of Public Safety for a first or subsequent violation; and
- the minor's driving privileges will be suspended:
- for a period of at least one year under Section 53-3-220 for a first conviction for a violation of Section 32B-4-411; or
- for a period of two years for a second or subsequent conviction for a violation of Section 32B-4-411.
The court may reduce the suspension period imposed under Subsection (4)(d)(ii)(A) if:
- the violation is the minor's first violation of Section 32B-4-411; and
- the minor completes an educational series as defined in Section 41-6a-501; or
- the minor demonstrates substantial progress in substance use disorder treatment.
The court may reduce the suspension period imposed under Subsection (4)(d)(ii)(B) if:
- the violation is the minor's second or subsequent violation of Section 32B-4-411;
- the minor has completed an educational series as defined in Section 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; and
- the person is 18 years of age or older and provides a sworn statement to the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (4)(d)(ii)(B); or
- the person is under 18 years of age and has the person's parent or legal guardian provide an affidavit or sworn statement to the court certifying that to the parent or legal guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (4)(d)(ii)(B).
A minor's license shall be suspended under Section 53-3-219 when a court issues an order suspending the minor's driving privileges in accordance with Subsection (2) for a violation of:
- Section 32B-4-409;
- Section 32B-4-410;
- Section 58-37-8;
- Title 58, Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b, Imitation Controlled Substances Act; or
- Subsection 76-9-701(1).
When the Department of Public Safety receives the arrest or conviction record of a person for a driving offense committed while the person's license is suspended under this section, the Department of Public Safety shall extend the suspension for a like period of time.
A person who willfully violates or refuses to obey any order of the court may be proceeded against for contempt of court.
A person 18 years of age or older found in contempt of court may be punished in accordance with Section 78B-6-310.
A person younger than 18 years of age found in contempt of court may be punished by disposition permitted under Section 78A-6-117, except the court may only order a disposition that changes the custody of the minor, including community placement or commitment to a secure facility, if the disposition is commitment to a secure detention pursuant to Subsection 78A-6-117(2)(h) for no longer than 72 hours, excluding weekends and legal holidays.
A court may not suspend all or part of the punishment upon compliance with conditions imposed by the court.
In accordance with Section 78A-6-117, the court may enforce orders of fines, fees, or restitution through garnishments, wage withholdings, supplementary proceedings, or executions. An order described in this Subsection (4) may not be enforced through an order of detention, community placement, or commitment to a secure facility.
Probation Officers
All employees except judges and commissioners shall be selected, promoted, and discharged through the state courts personnel system for the juvenile court, under the direction and rules of the Board of Juvenile Court Judges and the Judicial Council.
An employee under the state courts personnel system may not be discharged except for cause and after a hearing before the appointing authority, with appeal as provided by the state courts personnel system. An employee may be suspended pending the hearing and appeal.
Funding
There is created within the General Fund a restricted account known as the “Nonjudicial Adjustment Account.”
The account shall be funded from the financial penalty established under Subsection 78A-6-602(8)(a).
The court shall deposit all money collected as a result of penalties assessed as part of the nonjudicial adjustment of a case in the account.
The account shall be used to pay the expenses of juvenile compensatory service, victim restitution, and diversion programs.
Except under Subsection (3)(b) or (4) and as otherwise provided by law, all fines, fees, penalties, and forfeitures imposed and collected by the juvenile court shall be paid to the state treasurer for deposit into the General Fund.
Not more than 50% of any fine or forfeiture collected may be paid to a state rehabilitative employment program for delinquent minors that provides for employment of the minor in the county of the minor's residence if:
- reimbursement for the minor's labor is paid to the victim of the minor's delinquent behavior;
- the amount earned and paid is set by court order;
- the minor is not paid more than the hourly minimum wage; and
- no payments to victims are made without the minor's involvement in a rehabilitative work program.
Fines withheld under Subsection (3)(b) and any private contributions to the rehabilitative employment program are accounted for separately and are subject to audit at any time by the state auditor.
Funds withheld under Subsection (3)(b) and private contributions are nonlapsing. The Board of Juvenile Court Judges shall establish policies for the use of the funds described in this subsection.
For fines and forfeitures collected by the court for a violation of Section 41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic enforcement safety device as described in Section 41-6a-1310, the court shall allocate 20% to the school district or private school that owns or contracts for the use of the bus, and the state treasurer shall allocate 80% to the General Fund.
No fee may be charged by any state or local public officer for the service of process in any proceedings initiated by a public agency.
Fees
Not prescribed in statute.
Additional Resources
Data Collection
Citations
- Utah R. Juv. P. Rule 1 et seq. (Rules of Juvenile Procedure)
- U.C.A. 1953 § 78A-6-101 (Juvenile Court Act)
- U.C.A. 1953 § 62A-7-101 et seq. (Juvenile Justice Services)
- U.C.A. 1953 § 55-12-100 et seq. (Interstate Compact for Juveniles)