Utah Code 80-6-103. Notification to a school — Civil and criminal liability
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(1) As used in this section:
Terms Used In Utah Code 80-6-103
- Adjudication: means , except as provided in Subsection (3)(b):(3)(a)(i) for a delinquency petition or criminal information under Chapter 6, Juvenile Justice:(3)(a)(i)(A) a finding by the juvenile court that the facts alleged in a delinquency petition or criminal information alleging that a minor committed an offense have been proved;(3)(a)(i)(B) an admission by a minor in the juvenile court as described in Section
80-6-306 ; or(3)(a)(i)(C) a plea of no contest by minor in the juvenile court; or(3)(a)(ii) for all other proceedings under this title, a finding by the juvenile court that the facts alleged in the petition have been proved. See Utah Code 80-1-102- committed: means , unless specified otherwise:
(15)(a) with respect to a child, to transfer legal custody; and(15)(b) with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102- Detention: means home detention or secure detention. See Utah Code 80-1-102
- Detention facility: means a facility, established by the Division of Juvenile Justice and Youth Services in accordance with Section
80-5-501 , for minors held in detention. See Utah Code 80-1-102- Detention hearing: means a proceeding under Section
80-6-207 to determine whether a minor should remain in detention. See Utah Code 80-6-102- Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section
80-3-405 or80-4-305 or Chapter 6, Part 7, Adjudication and Disposition. See Utah Code 80-1-102- Formal probation: means a minor is:
(33)(a) supervised in the community by, and reports to, a juvenile probation officer or an agency designated by the juvenile court; and(33)(b) subject to return to the juvenile court in accordance with Section80-6-607 . See Utah Code 80-1-102- Fraud: Intentional deception resulting in injury to another.
- Home detention: means placement of a minor:
(38)(a) if prior to a disposition, in the minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or custodian, under terms and conditions established by the Division of Juvenile Justice and Youth Services or the juvenile court; or(38)(b) if after a disposition, and in accordance with Section78A-6-353 or80-6-704 , in the minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or custodian, under terms and conditions established by the Division of Juvenile Justice and Youth Services or the juvenile court. See Utah Code 80-1-102- Juvenile probation officer: means a probation officer appointed under Section
78A-6-205 . See Utah Code 80-1-102- Minor: means , except as provided in Sections
80-6-501 ,80-6-901 , and80-7-102 :(54)(a) a child; or(54)(b) an individual:(54)(b)(i)(54)(b)(i)(A) who is at least 18 years old and younger than 21 years old; and(54)(b)(i)(B) for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense;(54)(b)(ii)(54)(b)(ii)(A) who is at least 18 years old and younger than 25 years old; and(54)(b)(ii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection78A-6-103 (1)(b); or(54)(b)(iii)(54)(b)(iii)(A) who is at least 18 years old and younger than 21 years old; and(54)(b)(iii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection78A-6-103 (1)(c). See Utah Code 80-1-102- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation: includes intake probation or formal probation. See Utah Code 80-1-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Temporary custody: means the control and responsibility of a minor, before an adjudication under Section
80-6-701 , until the minor is released to a parent, guardian, responsible adult, or to an appropriate agency. See Utah Code 80-6-102- Victim: includes :
(20)(b)(i) any person directly harmed by the minor's wrongful act or conduct in the course of the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and(20)(b)(ii) the Utah Office for Victims of Crime. See Utah Code 80-6-102- Violent felony: means the same as that term is defined in Section
Utah Code 80-6-102 (1)(a) “School” means a school in a local education agency.(1)(b) “Local education agency” means a school district, a charter school, or the Utah Schools for the Deaf and the Blind.(1)(c) “School official” means the superintendent of a school district or the director of a charter school or designee in which the minor resides or attends school.(1)(d) “Serious offense” means:(1)(d)(i) a violent felony as defined in Section76-3-203.5 ;(1)(d)(ii) an offense that is a violation ofTitle 76, Chapter 6, Part 4, Theft , and the property stolen is a firearm; or(1)(d)(iii) an offense that is a violation ofTitle 76, Chapter 10, Part 5 , Weapons.(1)(e) “Transferee school official” means the superintendent of a school district or the director of a charter school or designee in which the minor resides or attends school if the minor is admitted to home detention.(2) A notification under this section is provided for a minor’s supervision and student safety.(3)(3)(a) If a minor is taken into temporary custody under Section80-6-201 for a serious offense, the peace officer, or other person who has taken the minor into temporary custody, shall notify a school official within five days after the day on which the minor is taken into temporary custody.(3)(b) A notification under this Subsection (3) shall only disclose:(3)(b)(i) the name of the minor;(3)(b)(ii) the offense for which the minor was taken into temporary custody or admitted to detention; and(3)(b)(iii) if available, the name of the victim if the victim resides in the same school district as the minor or attends the same school as the minor.(4) After a detention hearing for a minor who is alleged to have committed a serious offense, the juvenile court shall order a juvenile probation officer to notify a school official, or a transferee school official, and the appropriate local law enforcement agency of the juvenile court’s decision, including any disposition, order, or no-contact order.(5) If a designated staff member of a detention facility admits a minor to home detention under Section80-6-205 and notifies the juvenile court of that admission, the juvenile court shall order a juvenile probation officer to notify a school official, or a transferee school official, and the appropriate local law enforcement agency that the minor has been admitted to home detention.(6)(6)(a) If the juvenile court adjudicates a minor for a serious offense, the juvenile court shall order a juvenile probation officer to notify a school official, or a transferee school official, of the adjudication.(6)(b) A notification under this Subsection (6) shall be given to a school official, or a transferee school official, within three days after the day on which the minor is adjudicated.(6)(c) A notification under this section shall include:(6)(c)(i) the name of the minor;(6)(c)(ii) the offense for which the minor was adjudicated; and(6)(c)(iii) if available, the name of the victim if the victim:(6)(c)(iii)(A) resides in the same school district as the minor; or(6)(c)(iii)(B) attends the same school as the minor.(7) If the juvenile court orders formal probation under Section80-6-702 , the juvenile court shall order a juvenile probation officer to notify the appropriate local law enforcement agency and the school official of the juvenile court’s order for formal probation.(8)(8)(a) An employee of the local law enforcement agency, or the school the minor attends, who discloses a notification under this section is not:(8)(a)(i) civilly liable except when the disclosure constitutes fraud or willful misconduct as provided in Section63G-7-202 ; and(8)(a)(ii) civilly or criminally liable except when the disclosure constitutes a knowing violation of Section63G-2-801 .(8)(b) An employee of a governmental agency is immune from any criminal liability for failing to provide the information required by this section, unless the employee fails to act due to malice, gross negligence, or deliberate indifference to the consequences.(9)(9)(a) A notification under this section shall be classified as a protected record under Section63G-2-305 .(9)(b) All other records of disclosures under this section are governed byTitle 63G, Chapter 2, Government Records Access and Management Act , and the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g. - committed: means , unless specified otherwise: