Division Responsibilities

Utah Code tit. 80, ch. 80-5, pt. 80-5-P2

in effect

Utah Code § 80-5-201 Division responsibilities.

80-5-201. Division responsibilities. (1) The division is responsible for all minors committed to the division by juvenile courts under Sections 80-6-703 and 80-6-705. (2) The division shall: (a) establish and administer a continuum of community, secure, and nonsecure programs for all minors committed to the division; (b) establish and maintain all detention and secure care facilities and set minimum standards for all detention and secure care facilities; (c) establish and operate prevention and early intervention youth services programs for nonadjudicated minors placed with the division; (d) establish observation and assessment programs necessary to serve minors in a nonresidential setting under Subsection 80-6-706(1); (e) place minors committed to the division under Section 80-6-703 in the most appropriate program for supervision and treatment; (f) employ staff necessary to: (i) supervise and control minors committed to the division for secure care or placement in the community; (ii) supervise and coordinate treatment of minors committed to the division for placement in community-based programs; and (iii) control and supervise adjudicated and nonadjudicated minors placed with the division for temporary services in juvenile receiving centers, youth services, and other programs established by the division; (g) control or detain a minor committed to the division, or in the temporary custody of the division, in a manner that is consistent with public safety and rules made by the division; (h) establish and operate work programs for minors committed to the division by the juvenile court that: (i) are not residential; (ii) provide labor to help in the operation, repair, and maintenance of public facilities, parks, highways, and other programs designated by the division; (iii) provide educational and prevocational programs in cooperation with the State Board of Education for minors placed in the program; and (iv) provide counseling to minors; (i) establish minimum standards for the operation of all private residential and nonresidential rehabilitation facilities that provide services to minors who have committed an offense in this state or in any other state; (j) provide regular training for secure care staff, detention staff, case management staff, and staff of the community-based programs; (k) designate employees to obtain the saliva DNA specimens required under Section 53-10-403; (l) ensure that the designated employees receive appropriate training and that the specimens are obtained in accordance with accepted protocol; (m) register an individual with the Department of Public Safety who: (i) is adjudicated for an offense that would result in the individual being a child abuse offender under Subsection 53-29-202(2)(a) or a sex offender under Subsection 53-29-202(2)(b); (ii) is committed to the division for secure care; and (iii) (A) if the individual is a youth offender, remains in the division's custody 30 days before the individual's 21st birthday; or (B) if the individual is a serious youth offender, remains in the division's custody 30 days before the individual's 25th birthday; and (n) ensure that a program delivered to a minor under this section is an evidence-based program in accordance with Section 75E-2-207. (3) (a) The division is authorized to employ special function officers, as defined in Section 53-13-105, to: (i) locate and apprehend minors who have absconded from division custody; (ii) transport minors taken into custody in accordance with division policy; (iii) investigate cases; and (iv) carry out other duties as assigned by the division. (b) A special function officer may be: (i) employed through a contract with the Department of Public Safety, or any law enforcement agency certified by the Peace Officer Standards and Training Division; or (ii) directly hired by the division. (4) In the event of an unauthorized leave from secure care, detention, a community-based program, a juvenile receiving center, a home, or any other designated placement of a minor, a division employee has the authority and duty to locate and apprehend the minor, or to initiate action with a local law enforcement agency for assistance. (5) The division may proceed with an initial medical screening or assessment of a child admitted to a detention facility to ensure the safety of the child and others in the detention facility if the division makes a good faith effort to obtain consent for the screening or assessment from the child's parent or guardian. Amended by Chapter 291, 2026 General Session

Utah Code § 80-5-202 Division rulemaking authority -- Reports on sexual assault.

80-5-202. Division rulemaking authority -- Reports on sexual assault. (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules to: (a) establish standards for the admission of a minor to detention; (b) describe good behavior for which credit may be earned under Subsection 80-6-704(5); (c) establish a formula, in consultation with the Office of the Legislative Fiscal Analyst, to calculate savings from General Fund appropriations under 2017 Laws of Utah, Chapter 330, resulting from the reduction in out-of-home placements for juvenile offenders with the division; (d) establish policies and procedures regarding sexual assaults that occur in detention and secure care facilities; and (e) establish the qualifications and conditions for services provided by the division under Section 80-6-809. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules: (a) that govern the operation of prevention and early intervention programs, youth service programs, juvenile receiving centers, and other programs described in Section 80-5-401; and (b) that govern the operation of detention and secure care facilities. (3) A rule made by the division under Subsection (1)(a): (a) may not permit secure detention based solely on the existence of multiple status offenses, misdemeanors, or infractions arising out of a single criminal episode; and (b) shall prioritize use of home detention for a minor who might otherwise be held in secure detention. (4) The rules described in Subsection (1)(d) shall: (a) require education and training, including: (i) providing to minors detained in secure care and detention facilities, at intake and periodically, easy-to-understand information, which is developed and approved by the division, on sexual assault prevention, treatment, reporting, and counseling in consultation with community groups with expertise in sexual assault prevention, treatment, reporting, and counseling; and (ii) providing training specific to sexual assault to division mental health professionals and all division employees who have direct contact with minors regarding treatment and methods of prevention and investigation; (b) require reporting of any incident of sexual assault, including: (i) ensuring the confidentiality of sexual assault reports from minors and the protection of minors who report sexual assault; and (ii) prohibiting retaliation and disincentives for reporting sexual assault; (c) require safety and care for minors who report sexual assault, including: (i) providing, in situations in which there is reason to believe that a sexual assault has occurred, reasonable and appropriate measures to ensure the minor's safety by separating the minor from the minor's assailant, if known; (ii) providing acute trauma care for minors who report sexual assault, including treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted infections; (iii) providing confidential mental health counseling for minors who report sexual assault, including: (A) access to outside community groups or victim advocates that have expertise in sexual assault counseling; and (B) enabling confidential communication between minors and community groups and victim advocates; and (iv) monitoring minors who report sexual assault for suicidal impulses, post-traumatic stress disorder, depression, and other mental health consequences resulting from the sexual assault; (d) require staff reporting of sexual assault and staff discipline for failure to report or for violating sexual assault policies, including: (i) requiring all division employees to report any knowledge, suspicion, or information regarding an incident of sexual assault to the director or the director's designee; (ii) requiring disciplinary action for a division employee who fails to report as required; and (iii) requiring division employees to be subject to disciplinary sanctions up to and including termination for violating agency sexual assault policies, with termination the presumptive disciplinary sanction for division employees who have engaged in sexual assault, consistent with constitutional due process protections and state personnel laws and rules; (e) require that any report of an incident of sexual assault be referred to the Division of Child and Family Services or a law enforcement agency with jurisdiction over the detention or secure care facility in which the alleged sexual assault occurred; and (f) require data collection and reporting of all incidents of sexual assault from each detention and secure care facility. (5) The division shall annually report the data described in Subsection (4)(f) to the Department of Criminal Justice.

Utah Code § 80-5-203 Detention risk assessment tool.

80-5-203. Detention risk assessment tool. (1) The division, in conjunction with the Administrative Office of the Courts, shall develop or adopt, and validate on the Utah juvenile population, a statewide detention risk assessment tool. (2) (a) The division shall administer the detention risk assessment tool for each minor under consideration for detention. (b) A designated individual who has completed training to conduct the detention risk assessment tool shall administer the detention risk assessment tool. (3) The division and the Administrative Office of the Courts shall establish a scoring system to inform eligibility for placement of a minor in a detention facility or for referral to an alternative to detention. Renumbered and Amended by Chapter 261, 2021 General Session

Utah Code § 80-5-204 Annual review of programs and facilities.

80-5-204. Annual review of programs and facilities. (1) (a) The division shall: (i) annually review all programs and facilities that provide services to minors who have committed an offense, in this state or in any other state, which would constitute a felony or misdemeanor if committed by an adult; and (ii) license all programs and facilities under Subsection (1)(a)(i) that are in compliance with standards established by the division . (b) The division shall provide a written review to the manager of a program or facility under Subsection (1)(a). (c) A program or facility that is unable or unwilling to comply with the standards established by the division may not be licensed. (2) Any private facility or program providing services under this chapter that willfully fails to comply with the standards established by the division is guilty of a class B misdemeanor. Renumbered and Amended by Chapter 261, 2021 General Session

Utah Code § 80-5-205 Contracts with private providers.

80-5-205. Contracts with private providers. (1) This chapter does not prohibit the division from contracting with private providers or other agencies for: (a) the construction, operation, and maintenance of juvenile facilities; or (b) the provision of care, treatment, and supervision of minors who have been committed to the division. (2) All programs for the care, treatment, and supervision of minors committed to the division shall be licensed in compliance with division standards within six months after commencing operation. (3) A contract for the care, treatment, and supervision of a minor committed to the division shall be executed in accordance with the performance-based contracting system developed under Section 75E-2-207. Amended by Chapter 291, 2026 General Session

Utah Code § 80-5-206 Records -- Property of division.

80-5-206. Records -- Property of division. (1) All records maintained by programs that are under contract with the division to provide services to minors, are the property of the division and shall be returned to the division when the minor is terminated from the program. (2) The division shall maintain an accurate audit trail of information provided to other programs or agencies regarding minors under the division's jurisdiction. Renumbered and Amended by Chapter 261, 2021 General Session

Utah Code § 80-5-207 Restitution by a minor committed to the division.

80-5-207. Restitution by a minor committed to the division. (1) (a) The division shall make reasonable efforts to ensure that restitution is made to the victim of a minor who is committed to the division. (b) Except as provided in Subsection (1)(c), restitution shall be made through the employment of minors in work programs. (c) Reimbursement to the victim of a minor is conditional upon the minor's involvement in the work program. (2) The division shall notify the juvenile court of all restitution paid to victims through the employment of a minor, who is committed to the division, in a work program. Renumbered and Amended by Chapter 261, 2021 General Session

Utah Code § 80-5-208 Care of pregnant minor in secure detention or secure care.

80-5-208. Care of pregnant minor in secure detention or secure care. (1) When a minor in secure detention or secure care is pregnant, the division shall: (a) ensure that adequate prenatal and postnatal care is provided; and (b) place the minor in an accredited hospital before delivery. (2) As soon as the minor's condition after delivery will permit, the minor may be returned to: (a) secure detention if the minor was placed in secure detention; or (b) secure care if the minor was committed to secure care. (3) If the division has concerns regarding the minor's fitness to raise the minor's child, the division shall make a referral for services for the minor and the minor's child to the Division of Child and Family Services. Renumbered and Amended by Chapter 261, 2021 General Session

Utah Code § 80-5-209 Health care for minors in custody.

80-5-209. Health care for minors in custody. (1) The division may not initiate any of the following procedures or treatments for a minor: (a) puberty inhibition drug treatment; (b) a cross-sex hormone treatment; (c) a primary sex characteristic surgical procedure; or (d) a secondary sex characteristic surgical procedure. (2) Subject to Subsection (1) and Sections 80-5-501 and 80-5-503 regarding housing a minor, to treat a minor's gender dysphoria and any co-occurring mental health disorder, the division may provide psychotherapy, mental health care, or any other necessary and appropriate treatment. Enacted by Chapter 88, 2025 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title80/Chapter5/80-5-P2.html?v=C80-5-P2_2021050520210901Fetched: 10/26/2026