Utah Code 80-6-706. Treatment — Commitment to local mental health authority or Utah State Developmental Center
Current as of: 2024 | Check for updates
|
Other versions
(1) If a minor is adjudicated under Section 80-6-701, the juvenile court may order:
Terms Used In Utah Code 80-6-706
- Authority: means the Youth Parole Authority created in Section
80-5-701 . See Utah Code 80-6-102 - Child: means , except as provided in Section
80-2-905 , an individual who is under 18 years old. See Utah Code 80-1-102 - 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
- 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- Harm: means :
(37)(a) physical or developmental injury or damage;(37)(b) emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning;(37)(c) sexual abuse; or(37)(d) sexual exploitation. See Utah Code 80-1-102- Intellectual disability: means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior that constitutes a substantial limitation to the individual's ability to function in society. 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- Secure care: means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor. See Utah Code 80-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) a nonresidential, diagnostic assessment for the minor, including a risk assessment for substance use disorder, mental health, psychological, or sexual behavior;(1)(b) the minor to be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or(1)(c) other care for the minor.(2) For purposes of receiving the examination, treatment, or care described in Subsection (1), the juvenile court may place the minor in a hospital or other suitable facility that is not secure care or secure detention.(3) In determining whether to order the examination, treatment, or care described in Subsection (1), the juvenile court shall consider:(3)(a) the desires of the minor;(3)(b) if the minor is a child, the desires of the minor’s parent or guardian; and(3)(c) whether the potential benefits of the examination, treatment, or care outweigh the potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain function impairment, or emotional or physical harm resulting from the compulsory nature of the examination, treatment, or care.(4)(4)(a) If the juvenile court orders examination, treatment, or care for a child under Subsection (1) and the child is committed to the division under Subsection 80-6-703(2), the division shall:(4)(a)(i) take reasonable measures to notify the child’s parent or guardian of any non-emergency health treatment or care scheduled for the child;(4)(a)(ii) include the child’s parent or guardian as fully as possible in making health care decisions for the child; and(4)(a)(iii) defer to the child’s parent’s or guardian’s reasonable and informed decisions regarding the child’s health care to the extent that the child’s health and well-being are not unreasonably compromised by the parent’s or guardian’s decision.(4)(b) The division shall notify the parent or guardian of a child within five business days after a child committed to the division receives emergency health care or treatment.(4)(c) The division shall use the least restrictive means to accomplish the care and treatment of a child described under Subsection (1).(5) If a child is adjudicated for an offense under Section 80-6-701, the juvenile court may commit the child to the physical custody, as defined in Section 26B-5-401, of a local mental health authority in accordance with the procedures and requirements in Title 26B, Chapter 5, Part 4, Commitment of Persons Under Age 18.(6)(6)(a) If a minor is adjudicated for an offense under Section 80-6-701, and the minor has an intellectual disability, the juvenile court may commit the minor to the Utah State Developmental Center in accordance with Title 26B, Chapter 6, Part 6, Admission to an Intermediate Care Facility for People with an Intellectual Disability.(6)(b) The juvenile court shall follow the procedure applicable in the district courts with respect to judicial commitments to the Utah State Developmental Center when ordering a commitment under Subsection (6)(a).