80-6-203. Temporary custody of a minor -- Notification of a child's parent, guardian, or custodian -- Taking a minor to a detention facility.
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Effective 9/1/2021
80-6-203. Temporary custody of a minor -- Notification of a child's parent, guardian, or custodian -- Taking a minor to a detention facility.
(a)Except as provided in Subsection
(3), if a peace officer, or other person, takes a child into temporary custody under Section 80-6-201 , the peace officer, or other person, may not take the child into temporary custody for any longer than is reasonably necessary to:
(i)obtain the child's name, age, residence, and other necessary information;
(ii)contact the child's parent, guardian, or custodian; and
(iii)release the child to the child's parent, guardian, or custodian.
(b)Before a child is released under Subsection (1)(a) , the parent, or other person to whom the child is released, shall sign a written promise on forms supplied by the juvenile court to bring the child to the juvenile court at a time set or to be set by the court.
(2)Except as provided in Subsection
(3), if a peace officer, or other person, takes a minor who is 18 years old or older into temporary custody under Section 80-6-201 , the peace officer, or other person, may not take the minor into temporary custody for any longer than is reasonably necessary to obtain the minor's name, age, residence, and other necessary information.
(a)A minor may remain in the temporary custody of a peace officer or other person if:
(i)the protection of the community requires the minor's detention; or
(ii)a warrant has been issued for the minor's arrest under Section 80-6-202 or 80-6-806 .
(b)If a minor remains in temporary custody, the minor shall be taken to a detention facility without unnecessary delay.
(c)If the peace officer, or other person, takes a minor to a detention facility, the peace officer, or other person, shall promptly file a written report, on a form provided by the division, with the detention facility stating:
(i)the details of the offense that the minor is alleged to have committed;
(ii)the facts that bring the offense within the jurisdiction of the juvenile court;
(iii)the reason that the minor was not released by the peace officer or other person; and
(iv)if the minor is under consideration for detention, the eligibility of the minor for detention under the detention guidelines.
Enacted by Chapter 261 , 2021 General Session