80-6-703. Placement of a child -- Commitment of a minor to the division -- Limitations.

753 words·~3 min read·/ut/title-80/chapter-6/80-6-703

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

Effective 5/4/2022

(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) .

(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 .

(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