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2019 Utah Code
Title 78A - Judiciary and Judicial Administration
Chapter 6 - Juvenile Court Act
Part 1 - General Provisions
Section 123 - Case planning and appropriate responses.
Universal Citation: UT Code § 78A-6-123 (2019)
Effective 7/1/2018
78A-6-123. Case planning and appropriate responses.
Enacted by Chapter 330, 2017 General Session
78A-6-123. Case planning and appropriate responses.
- (1) For a minor adjudicated and placed on probation or into the custody of the Division of Juvenile Justice Services under Section 78A-6-117, a case plan shall be created and shall be:
- (a) developed in collaboration with the minor and the minor's family;
- (b) individualized to the minor;
- (c) informed by the results of a validated risk and needs assessment; and
- (d) tailored to the minor's offense and history.
- (2)
- (a) The Administrative Office of the Courts and the Division of Juvenile Justice Services shall develop a statewide system of appropriate responses to guide responses to the behaviors of minors:
- (i) undergoing nonjudicial adjustments;
- (ii) under the jurisdiction of the juvenile court; and
- (iii) in the custody of the Division of Juvenile Justice Services.
- (b) The system of responses shall include both sanctions and incentives that:
- (i) are swift and certain;
- (ii) include a continuum of community based responses for minors living at home;
- (iii) target a minor's criminogenic risks and needs, as determined by the results of a validated risk and needs assessment, and the severity of the violation; and
- (iv) authorize earned discharge credits as one incentive for compliance.
- (c) After considering the guidelines established by the Sentencing Commission, pursuant to Section 63M-7-404, the system of appropriate responses under Subsections (2)(a) and (b) shall be developed.
- (a) The Administrative Office of the Courts and the Division of Juvenile Justice Services shall develop a statewide system of appropriate responses to guide responses to the behaviors of minors:
- (3) A response to a compliant or noncompliant behavior under Subsection (2) shall be documented in the minor's case plan. Documentation shall include:
- (a) positive behaviors and incentives offered;
- (b) violations and corresponding sanctions; and
- (c) whether the minor has a subsequent violation after a sanction.
- (4) Before referring a minor to court for judicial review or to the Youth Parole Authority if the minor is under the jurisdiction of the Youth Parole Authority in response to a violation, either through a contempt filing under Section 78A-6-1101 or an order to show cause, pursuant to Subsections (2)(a) and (b), a pattern of appropriate responses shall be documented in the minor's case plan .
- (5) Notwithstanding Subsection (4), violations of protective orders or ex parte protection orders listed in Subsection 77-36-2.7(3) with victims and violations that constitute new delinquency offenses may be filed directly with the court.
Enacted by Chapter 330, 2017 General Session
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