53A-11-105 - Taking custody of a person believed to be a truant minor -- Disposition -- Receiving centers -- Reports -- Immunity from liability.
53A-11-105. Taking custody of a person believed to be a truant minor --Disposition -- Receiving centers -- Reports -- Immunity from liability.
(1) A peace officer or public school administrator may take a minor into temporarycustody if there is reason to believe the minor is a truant minor.
(2) An individual taking a school-age minor into custody under Subsection (1) shall,without unnecessary delay, release the minor to:
(a) the principal of the minor's school;
(b) a person who has been designated by the local school board or local charter board toreceive and return the minor to school; or
(c) a receiving center established under Subsection (5).
(3) If the minor refuses to return to school or go to the receiving center, the officer oradministrator shall, without unnecessary delay, notify the minor's parents and release the minor totheir custody.
(4) If the parents cannot be reached or are unable or unwilling to accept custody, theminor shall be referred to the Division of Child and Family Services.
(5) (a) A local school board or local charter board, singly or jointly with another schoolboard, may establish or designate receiving centers within existing school buildings and staff thecenters with existing teachers or staff to provide educational guidance and counseling for truantminors. Upon receipt of a truant minor, the center shall, without unnecessary delay, notify anddirect the minor's parents to come to the center, pick up the minor, and return the minor to theschool in which the minor is enrolled.
(b) If the parents cannot be reached or are unable or unwilling to comply with the requestwithin a reasonable time, the center shall take such steps as are reasonably necessary to insure thesafety and well being of the minor, including, when appropriate, returning the minor to school orreferring the minor to the Division of Child and Family Services. A minor taken into custodyunder this section may not be placed in a detention center or other secure confinement facility.
(6) Action taken under this section shall be reported to the appropriate school district. The district shall promptly notify the minor's parents of the action taken.
(7) The Utah Governmental Immunity Act applies to all actions taken under this section.
(8) Nothing in this section may be construed to grant authority to a public schooladministrator to place a minor in the custody of the Division of Child and Family Services,without complying with the provisions of Title 62A, Chapter 4a, Parts 2, Child Welfare Services,and 2A, Minors in Custody on Grounds Other Than Abuse or Neglect, and of Title 78A, Chapter6, Parts 3, Abuse, Neglect, and Dependency Proceedings, and 4, Minors in Custody on GroundsOther Than Abuse or Neglect.
Amended by Chapter 3, 2008 General Session