80-6-202. Warrants for minors.

397 words·~2 min read·/ut/title-80/chapter-6/80-6-202

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(a)Except as otherwise provided in this section, after a petition is filed under Section 80-6-305 , or a criminal information under Section 80-6-503 , a juvenile court may issue a warrant for a minor to be taken into temporary custody if:

(i)there is probable cause to believe that:

(A)the minor has committed an offense that would be a felony if committed by an adult;

(B)the minor has failed to appear after the minor or the minor's parent, guardian, or custodian has been legally served with a summons in accordance with Section 78A-6-351 and the Utah Rules of Juvenile Procedure;

(C)there is a substantial likelihood the minor will not respond to a summons;

(D)a summons cannot be served and the minor's present whereabouts are unknown;

(E)serving a summons for the minor will be ineffectual;

(F)the minor seriously endangers others or the public and temporary custody appears to be necessary for the protection of others or the public; or

(G)the minor is a runaway or has escaped from the minor's parent, guardian, or custodian; or

(ii)the minor is under the continuing jurisdiction of the juvenile court and there is probable cause to believe that the minor:

(A)has left the custody of the person or agency vested by a court with legal custody, or guardianship of the minor, without permission; or

(B)has violated a court order.

(b)A warrant issued under this Subsection

(1)shall be:

(i)filed in accordance with Utah Rules of Juvenile Procedure, Rule 7; and

(ii)executed in accordance with Title 77, Chapter 7, Arrest, by Whom, and How Made.

(2)A juvenile court may not issue a warrant for a minor to be taken into temporary custody for:

(a)a status offense;

(b)an infraction; or

(c)being a habitual truant.

(a)For a minor not eligible for a warrant under Subsection (2), a juvenile court may issue a warrant that directs a minor to be returned home, to the juvenile court, or to a shelter or other nonsecure facility.

(b)A warrant under Subsection (3)(a) may not direct a minor to secure care or secure detention.

(4)Subsection

(2)does not apply to a minor who is under Chapter 6, Part 11, Interstate Compact for Juveniles.

Amended by Chapter 301 , 2024 General Session