78A-6-117 (Superseded 07/01/11) - Adjudication of jurisdiction of juvenile court -- Disposition of cases -- Enumeration of possible court orders -- Considerations of court -- Obtaining DNA sample.
78A-6-117 (Superseded 07/01/11). Adjudication of jurisdiction of juvenile court --Disposition of cases -- Enumeration of possible court orders -- Considerations of court --Obtaining DNA sample.
(1) (a) When a minor is found to come within the provisions of Section 78A-6-103, thecourt shall so adjudicate. The court shall make a finding of the facts upon which it bases itsjurisdiction over the minor. However, in cases within the provisions of Subsection78A-6-103(1), findings of fact are not necessary.
(b) If the court adjudicates a minor for a crime of violence or an offense in violation ofTitle 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided tothe school superintendent of the district in which the minor resides or attends school. Noticeshall be made to the district superintendent within three days of the adjudication and shallinclude:
(i) the specific offenses for which the minor was adjudicated; and
(ii) if available, if the victim:
(A) resides in the same school district as the minor; or
(B) attends the same school as the minor.
(2) Upon adjudication the court may make the following dispositions by court order:
(a) (i) The court may place the minor on probation or under protective supervision in theminor's own home and upon conditions determined by the court, including compensatory serviceas provided in Subsection (2)(m)(iii).
(ii) The court may place the minor in state supervision with the probation department ofthe court, under the legal custody of:
(A) the minor's parent or guardian;
(B) the Division of Juvenile Justice Services; or
(C) the Division of Child and Family Services.
(iii) If the court orders probation or state supervision, the court shall direct that notice ofits order be provided to designated persons in the local law enforcement agency and the school ortransferee school, if applicable, that the minor attends. The designated persons may receive theinformation for purposes of the minor's supervision and student safety.
(iv) Any employee of the local law enforcement agency and the school that the minorattends who discloses the court's order of probation is not:
(A) civilly liable except when the disclosure constitutes fraud or willful misconduct asprovided in Section 63G-7-202; and
(B) civilly or criminally liable except when the disclosure constitutes a knowingviolation of Section 63G-2-801.
(b) The court may place the minor in the legal custody of a relative or other suitableperson, with or without probation or protective supervision, but the juvenile court may notassume the function of developing foster home services.
(c) (i) The court may:
(A) vest legal custody of the minor in the Division of Child and Family Services,Division of Juvenile Justice Services, or the Division of Substance Abuse and Mental Health;and
(B) order the Department of Human Services to provide dispositional recommendationsand services.
(ii) For minors who may qualify for services from two or more divisions within the
Department of Human Services, the court may vest legal custody with the department.
(iii) (A) A minor who is committed to the custody of the Division of Child and FamilyServices on grounds other than abuse or neglect is subject to the provisions of Title 78A, Chapter6, Part 4, Minors in Custody on Grounds Other Than Abuse or Neglect, and Title 62A, Chapter4a, Part 2A, Minors in Custody on Grounds Other Than Abuse or Neglect.
(B) Prior to the court entering an order to place a minor in the custody of the Division ofChild and Family Services on grounds other than abuse or neglect, the court shall provide thedivision with notice of the hearing no later than five days before the time specified for thehearing so the division may attend the hearing.
(C) Prior to committing a child to the custody of the Division of Child and FamilyServices, the court shall make a finding as to what reasonable efforts have been attempted toprevent the child's removal from the child's home.
(d) (i) The court may commit a minor to the Division of Juvenile Justice Services forsecure confinement.
(ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect, ordependency under Subsection 78A-6-103(1)(c) may not be committed to the Division of JuvenileJustice Services.
(e) The court may commit a minor, subject to the court retaining continuing jurisdictionover the minor, to the temporary custody of the Division of Juvenile Justice Services forobservation and evaluation for a period not to exceed 45 days, which period may be extended upto 15 days at the request of the director of the Division of Juvenile Justice Services.
(f) (i) The court may commit a minor to a place of detention or an alternative to detentionfor a period not to exceed 30 days subject to the court retaining continuing jurisdiction over theminor. This commitment may be stayed or suspended upon conditions ordered by the court.
(ii) This Subsection (2)(f) applies only to a minor adjudicated for:
(A) an act which if committed by an adult would be a criminal offense; or
(B) contempt of court under Section 78A-6-1101.
(g) The court may vest legal custody of an abused, neglected, or dependent minor in theDivision of Child and Family Services or any other appropriate person in accordance with therequirements and procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and DependencyProceedings.
(h) The court may place a minor on a ranch or forestry camp, or similar facility for careand also for work, if possible, if the person, agency, or association operating the facility has beenapproved or has otherwise complied with all applicable state and local laws. A minor placed in aforestry camp or similar facility may be required to work on fire prevention, forestation andreforestation, recreational works, forest roads, and on other works on or off the grounds of thefacility and may be paid wages, subject to the approval of and under conditions set by the court.
(i) (i) The court may order a minor to repair, replace, or otherwise make restitution fordamage or loss caused by the minor's wrongful act, including costs of treatment as stated inSection 78A-6-321 and impose fines in limited amounts.
(ii) The court may also require a minor to reimburse an individual, entity, orgovernmental agency who offered and paid a reward to a person or persons for providinginformation resulting in a court adjudication that the minor is within the jurisdiction of thejuvenile court due to the commission of a criminal offense.
(iii) If a minor is returned to this state under the Interstate Compact on Juveniles, the
court may order the minor to make restitution for costs expended by any governmental entity forthe return.
(j) The court may issue orders necessary for the collection of restitution and fines orderedby the court, including garnishments, wage withholdings, and executions.
(k) (i) The court may through its probation department encourage the development ofemployment or work programs to enable minors to fulfill their obligations under Subsection(2)(i) and for other purposes considered desirable by the court.
(ii) Consistent with the order of the court, the probation officer may permit a minorfound to be within the jurisdiction of the court to participate in a program of work restitution orcompensatory service in lieu of paying part or all of the fine imposed by the court.
(l) (i) In violations of traffic laws within the court's jurisdiction, the court may, inaddition to any other disposition authorized by this section:
(A) restrain the minor from driving for periods of time the court considers necessary; and
(B) take possession of the minor's driver license.
(ii) The court may enter any other disposition under Subsection (2)(l)(i); however, thesuspension of driving privileges for an offense under Section 78A-6-606 are governed only bySection 78A-6-606.
(m) (i) When a minor is found within the jurisdiction of the juvenile court under Section78A-6-103 because of violating Section 58-37-8, Title 58, Chapter 37a, Utah Drug ParaphernaliaAct, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court shall, in addition toany fines or fees otherwise imposed, order that the minor perform a minimum of 20 hours, but nomore than 100 hours, of compensatory service. Satisfactory completion of an approvedsubstance abuse prevention or treatment program may be credited by the court as compensatoryservice hours.
(ii) When a minor is found within the jurisdiction of the juvenile court under Section78A-6-103 because of a violation of Section 32A-12-209 or Subsection 76-9-701(1), the courtmay, upon the first adjudication, and shall, upon a second or subsequent adjudication, order thatthe minor perform a minimum of 20 hours, but no more than 100 hours of compensatory service,in addition to any fines or fees otherwise imposed. Satisfactory completion of an approvedsubstance abuse prevention or treatment program may be credited by the court as compensatoryservice hours.
(iii) When a minor is found within the jurisdiction of the juvenile court under Section78A-6-103 because of a violation of Section 76-6-106 or 76-6-206 using graffiti, the court mayorder the minor to clean up graffiti created by the minor or any other person at a time and placewithin the jurisdiction of the court. Compensatory service required under this section may beperformed in the presence and under the direct supervision of the minor's parent or legalguardian. The parent or legal guardian shall report completion of the order to the court. Theminor or the minor's parent or legal guardian, if applicable, shall be responsible for removal costsas determined under Section 76-6-107, unless waived by the court for good cause. The courtmay also require the minor to perform other alternative forms of restitution or repair to thedamaged property pursuant to Subsection 77-18-1(8).
(A) For a first adjudication, the court may require the minor to clean up graffiti for notless than eight hours.
(B) For a second adjudication, the court may require the minor to clean up graffiti for notless than 16 hours.
(C) For a third adjudication, the court may require the minor to clean up graffiti for notless than 24 hours.
(n) (i) Subject to Subsection (2)(n)(iii), the court may order that a minor:
(A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
(B) receive other special care.
(ii) For purposes of receiving the examination, treatment, or care described in Subsection(2)(n)(i), the court may place the minor in a hospital or other suitable facility.
(iii) In determining whether to order the examination, treatment, or care described inSubsection (2)(n)(i), the court shall consider:
(A) the desires of the minor;
(B) if the minor is under the age of 18, the desires of the parents or guardian of theminor; and
(C) whether the potential benefits of the examination, treatment, or care outweigh thepotential risks and side-effects, including behavioral disturbances, suicidal ideation, brainfunction impairment, or emotional or physical harm resulting from the compulsory nature of theexamination, treatment, or care.
(o) (i) The court may appoint a guardian for the minor if it appears necessary in theinterest of the minor, and may appoint as guardian a public or private institution or agency inwhich legal custody of the minor is vested.
(ii) In placing a minor under the guardianship or legal custody of an individual or of aprivate agency or institution, the court shall give primary consideration to the welfare of theminor. When practicable, the court may take into consideration the religious preferences of theminor and of a child's parents.
(p) (i) In support of a decree under Section 78A-6-103, the court may order reasonableconditions to be complied with by a minor's parents or guardian, a minor, a minor's custodian, orany other person who has been made a party to the proceedings. Conditions may include:
(A) parent-time by the parents or one parent;
(B) restrictions on the minor's associates;
(C) restrictions on the minor's occupation and other activities; and
(D) requirements to be observed by the parents or custodian.
(ii) A minor whose parents or guardians successfully complete a family or othercounseling program may be credited by the court for detention, confinement, or probation time.
(q) The court may order the child to be committed to the physical custody of a localmental health authority, in accordance with the procedures and requirements of Title 62A,Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse andMental Health.
(r) (i) The court may make an order committing a minor within the court's jurisdiction tothe Utah State Developmental Center if the minor has mental retardation in accordance with theprovisions of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility.
(ii) The court shall follow the procedure applicable in the district courts with respect tojudicial commitments to the Utah State Developmental Center when ordering a commitmentunder Subsection (2)(r)(i).
(s) The court may terminate all parental rights upon a finding of compliance with theprovisions of Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act.
(t) The court may make any other reasonable orders for the best interest of the minor or
as required for the protection of the public, except that a child may not be committed to jail orprison.
(u) The court may combine the dispositions listed in this section if they are compatible.
(v) Before depriving any parent of custody, the court shall give due consideration to therights of parents concerning their child. The court may transfer custody of a minor to anotherperson, agency, or institution in accordance with the requirements and procedures of Title 78A,Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
(w) Except as provided in Subsection (2)(y)(i), an order under this section for probationor placement of a minor with an individual or an agency shall include a date certain for a reviewof the case by the court. A new date shall be set upon each review.
(x) In reviewing foster home placements, special attention shall be given to makingadoptable children available for adoption without delay.
(y) (i) The juvenile court may enter an order of permanent custody and guardianship withan individual or relative of a child where the court has previously acquired jurisdiction as a resultof an adjudication of abuse, neglect, or dependency. The juvenile court may enter an order forchild support on behalf of the child against the natural or adoptive parents of the child.
(ii) Orders under Subsection (2)(y)(i):
(A) shall remain in effect until the child reaches majority;
(B) are not subject to review under Section 78A-6-118; and
(C) may be modified by petition or motion as provided in Section 78A-6-1103.
(iii) Orders permanently terminating the rights of a parent, guardian, or custodian andpermanent orders of custody and guardianship do not expire with a termination of jurisdiction ofthe juvenile court.
(3) In addition to the dispositions described in Subsection (2), when a minor comeswithin the court's jurisdiction, the minor may be given a choice by the court to serve in theNational Guard in lieu of other sanctions, provided:
(a) the minor meets the current entrance qualifications for service in the National Guardas determined by a recruiter, whose determination is final;
(b) the minor is not under the jurisdiction of the court for any act that:
(i) would be a felony if committed by an adult;
(ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
(iii) was committed with a weapon; and
(c) the court retains jurisdiction over the minor under conditions set by the court andagreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
(4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction ofthe court as described in Subsection 53-10-403(3). The specimen shall be obtained by designatedemployees of the court or, if the minor is in the legal custody of the Division of Juvenile JusticeServices, then by designated employees of the division under Subsection 53-10-404(5)(b).
(b) The responsible agency shall ensure that employees designated to collect the salivaDNA specimens receive appropriate training and that the specimens are obtained in accordancewith accepted protocol.
(c) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNASpecimen Restricted Account created in Section 53-10-407.
(d) Payment of the reimbursement is second in priority to payments the minor is orderedto make for restitution under this section and treatment under Section 78A-6-321.
Renumbered and Amended by Chapter 3, 2008 General Session