(1) If a minor is taken to a detention facility under Section 80-6-203, a designated staff member of the detention facility shall immediately review the form and determine, based on the results of the detention risk assessment tool and Subsection (2), whether to:

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Terms Used In Utah Code 80-6-205

  • Abuse: means :
              (1)(a)(i)
                   (1)(a)(i)(A) nonaccidental harm of a child;
                   (1)(a)(i)(B) threatened harm of a child;
                   (1)(a)(i)(C) sexual exploitation;
                   (1)(a)(i)(D) sexual abuse; or
                   (1)(a)(i)(E) human trafficking of a child in violation of Section Utah Code 80-1-102
  • Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
  • Correctional facility: means :
         (18)(a) a county jail; or
         (18)(b) a secure correctional facility as defined in Section 64-13-1. See Utah Code 80-1-102
  • dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. 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 guidelines: means standards, established by the division in accordance with Subsection 80-5-202(1)(a), for the admission of a minor to detention. See Utah Code 80-6-102
  • 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
  • Detention risk assessment tool: means an evidence-based tool established under Section 80-5-203 that:
         (25)(a) assesses a minor's risk of failing to appear in court or reoffending before adjudication; and
         (25)(b) is designed to assist in making a determination of whether a minor shall be held in detention. See Utah Code 80-1-102
  • Division: means the Division of Juvenile Justice and Youth Services created in Section 80-5-103. See Utah Code 80-6-102
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
         (35)(a) marriage;
         (35)(b) enlistment in the armed forces;
         (35)(c) major medical, surgical, or psychiatric treatment; or
         (35)(d) legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102
  • 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 Section 78A-6-353 or 80-6-704, 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 receiving center: means a nonsecure, nonresidential program established by the Division of Juvenile Justice and Youth Services, or under contract with the Division of Juvenile Justice and Youth Services, that is responsible for minors taken into temporary custody under Section 80-6-201. See Utah Code 80-1-102
  • Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
         (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 Subsection 78A-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 Subsection 78A-6-103(1)(c). See Utah Code 80-1-102
  • Neglect: means action or inaction causing:
              (58)(a)(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child;
              (58)(a)(ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;
              (58)(a)(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being;
              (58)(a)(iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;
              (58)(a)(v) abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or
              (58)(a)(vi) educational neglect. 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
  • Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
         (66)(a) the day on which the shelter hearing is held under Section 80-3-301; or
         (66)(b) the day on which the child is returned home. See Utah Code 80-1-102
  • Secure detention: means temporary care of a minor who requires secure custody in a physically restricting facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services:
         (74)(a) before disposition of an offense that is alleged to have been committed by the minor; or
         (74)(b) under Section 80-6-704. See Utah Code 80-1-102
  • Shelter: means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction. See Utah Code 80-1-102
  • Shelter facility: means a nonsecure facility that provides shelter for a minor. See Utah Code 80-1-102
  • 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
     (1)(a) admit the minor to secure detention;
     (1)(b) admit the minor to home detention;
     (1)(c) place the minor in an alternative to detention, except that the staff member may not place the minor in a correctional facility that is intended to hold adults accused or convicted of offenses as an alternative to detention; or
     (1)(d) if the minor is a child, return the minor home upon a written promise by the minor’s parent, guardian, or custodian to bring the minor to the juvenile court at a time set or without restriction.
(2) The designated staff member may not admit a minor to detention under Subsection (1) unless:

     (2)(a) the minor is detainable based on the detention guidelines; or
     (2)(b) the minor has been brought to detention in accordance with:

          (2)(b)(i) a court order;
          (2)(b)(ii) a warrant described in Section 80-6-202; or
          (2)(b)(iii) a division warrant described in Section 80-6-806.
(3) If the designated staff member determines to admit a minor to home detention, the staff member shall notify the juvenile court of that determination.
(4) Even if a minor is eligible for secure detention, a peace officer or other person who takes a minor to a detention facility, or the designated staff member of the detention facility, may release a minor to a less restrictive alternative than secure detention.
(5)

     (5)(a) If a minor taken to a detention facility does not qualify for admission under detention guidelines or this section, a designated staff member of the detention facility shall arrange an appropriate alternative, including admitting a minor to a juvenile receiving center or a shelter facility.
     (5)(b)

          (5)(b)(i) Except as otherwise provided by this section, a minor may not be placed or kept in secure detention while court proceedings are pending.
          (5)(b)(ii) A child may not be placed or kept in a shelter facility while court proceedings are pending, unless the child is in protective custody in accordance with Chapter 3, Abuse, Neglect, and Dependency Proceedings.
(6) If a minor is taken into temporary custody and admitted to a secure detention, or another alternative to detention, a designated staff member of the detention facility shall:

     (6)(a) immediately notify the minor’s parent, guardian, or custodian; and
     (6)(b) promptly notify the juvenile court of the placement.
(7) If a minor is admitted to secure detention, or another alternative to detention, outside the county of the minor’s residence and a juvenile court determines, in a detention hearing, that secure detention, or an alternative to detention, of the minor shall continue, the juvenile court shall direct the sheriff of the county of the minor’s residence to transport the minor to secure detention or another alternative to detention in that county.
(8)

     (8)(a) Subject to Subsection (8)(b), a minor admitted to detention has a right to:

          (8)(a)(i) phone the minor’s parent, guardian, or attorney immediately after the minor is admitted to detention; and
          (8)(a)(ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or custodian.
     (8)(b) The division may:

          (8)(b)(i) establish a schedule for which a minor in detention may visit or phone a person described in Subsection (8)(a);
          (8)(b)(ii) allow a minor in detention to visit or call persons described in Subsection (8)(a) in special circumstances;
          (8)(b)(iii) limit the number and length of calls and visits for a minor in detention to persons described in Subsection (8)(a) on account of scheduling, facility, or personnel constraints; or
          (8)(b)(iv) limit the minor’s rights described in Subsection (8)(a) if a compelling reason exists to limit the minor’s rights.
     (8)(c) A minor admitted to detention shall be immediately advised of the minor’s rights described in this Subsection (8).
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