Custody and Detention

Utah Code tit. 80, ch. 80-6, pt. 80-6-P2

in effect

Utah Code § 80-6-201 Minor taken into temporary custody by peace officer, private individual, or probation officer -- Grounds -- Protective custody.

80-6-201. Minor taken into temporary custody by peace officer, private individual, or probation officer -- Grounds -- Protective custody. (1) A minor may be taken into temporary custody by a peace officer without a court order, or a warrant under Section 80-6-202, if the peace officer has probable cause to believe that: (a) the minor has committed an offense under municipal, state, or federal law; (b) the minor seriously endangers the minor's own welfare or the welfare of others and taking the minor into temporary custody appears to be necessary for the protection of the minor or others; (c) the minor has run away or escaped from the minor's parents, guardian, or custodian; or (d) the minor is: (i) subject to the state's compulsory education law; and (ii) subject to Sections 53G-6-208 and 53G-8-211, absent from school without legitimate or valid excuse. (2) A private individual may take a minor into temporary custody if under the circumstances the private individual would be lawfully able to effect a temporary detention under Section 77-7-3 if the minor was an adult. (3) A juvenile probation officer may take a minor into temporary custody: (a) under the same circumstances as a peace officer in Subsection (1); or (b) if the juvenile probation officer has a reasonable suspicion that the minor has violated the conditions of the minor's probation. (4) (a) Nothing in this part shall be construed to prevent a peace officer or the Division of Child and Family Services from taking a minor into protective custody under Section 80-2a-202 or 80-3-204. (b) If a peace officer or the Division of Child and Family Services takes a minor into protective custody, the provisions of Chapter 2, Child Welfare Services, Chapter 2a, Removal and Protective Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings shall govern. Amended by Chapter 199, 2025 General Session

Utah Code § 80-6-202 Warrants for minors.

80-6-202. Warrants for minors. (1) (a) Except as otherwise provided in this section, after a petition is filed under Section 80-6-305, or a criminal information under Section 80-6-503, a juvenile court may issue a warrant for a minor to be taken into temporary custody if: (i) there is probable cause to believe that: (A) the minor has committed an offense that would be a felony if committed by an adult; (B) the minor has failed to appear after the minor or the minor's parent, guardian, or custodian has been legally served with a summons in accordance with Section 78A-6-351 and the Utah Rules of Juvenile Procedure; (C) there is a substantial likelihood the minor will not respond to a summons; (D) a summons cannot be served and the minor's present whereabouts are unknown; (E) serving a summons for the minor will be ineffectual; (F) the minor seriously endangers others or the public and temporary custody appears to be necessary for the protection of others or the public; or (G) the minor is a runaway or has escaped from the minor's parent, guardian, or custodian; or (ii) the minor is under the continuing jurisdiction of the juvenile court and there is probable cause to believe that the minor: (A) has left the custody of the person or agency vested by a court with legal custody, or guardianship of the minor, without permission; or (B) has violated a court order. (b) A warrant issued under this Subsection (1) shall be: (i) filed in accordance with Utah Rules of Juvenile Procedure, Rule 7; and (ii) executed in accordance with Title 77, Chapter 7, Arrest, by Whom, and How Made. (2) A juvenile court may not issue a warrant for a minor to be taken into temporary custody for: (a) a status offense; (b) an infraction; or (c) being a habitual truant. (3) (a) For a minor not eligible for a warrant under Subsection (2), a juvenile court may issue a warrant that directs a minor to be returned home, to the juvenile court, or to a shelter or other nonsecure facility. (b) A warrant under Subsection (3)(a) may not direct a minor to secure care or secure detention. (4) Subsection (2) does not apply to a minor who is under Chapter 6, Part 11, Interstate Compact for Juveniles. Amended by Chapter 301, 2024 General Session

Utah Code § 80-6-203 Temporary custody of a minor -- Notification of a child's parent, guardian, or custodian -- Taking a minor to a detention facility.

80-6-203. Temporary custody of a minor -- Notification of a child's parent, guardian, or custodian -- Taking a minor to a detention facility. (1) (a) Except as provided in Subsection (3), if a peace officer, or other person, takes a child into temporary custody under Section 80-6-201, the peace officer, or other person, may not take the child into temporary custody for any longer than is reasonably necessary to: (i) obtain the child's name, age, residence, and other necessary information; (ii) contact the child's parent, guardian, or custodian; and (iii) release the child to the child's parent, guardian, or custodian. (b) Before a child is released under Subsection (1)(a), the parent, or other person to whom the child is released, shall sign a written promise on forms supplied by the juvenile court to bring the child to the juvenile court at a time set or to be set by the court. (2) Except as provided in Subsection (3), if a peace officer, or other person, takes a minor who is 18 years old or older into temporary custody under Section 80-6-201, the peace officer, or other person, may not take the minor into temporary custody for any longer than is reasonably necessary to obtain the minor's name, age, residence, and other necessary information. (3) (a) A minor may remain in the temporary custody of a peace officer or other person if: (i) the protection of the community requires the minor's detention; or (ii) a warrant has been issued for the minor's arrest under Section 80-6-202 or 80-6-806. (b) If a minor remains in temporary custody, the minor shall be taken to a detention facility without unnecessary delay. (c) If the peace officer, or other person, takes a minor to a detention facility, the peace officer, or other person, shall promptly file a written report, on a form provided by the division, with the detention facility stating: (i) the details of the offense that the minor is alleged to have committed; (ii) the facts that bring the offense within the jurisdiction of the juvenile court; (iii) the reason that the minor was not released by the peace officer or other person; and (iv) if the minor is under consideration for detention, the eligibility of the minor for detention under the detention guidelines. Enacted by Chapter 261, 2021 General Session

Utah Code § 80-6-204 Detention or confinement of a child -- Restrictions.

80-6-204. Detention or confinement of a child -- Restrictions. (1) Except as provided in Subsection (2) or this chapter, if a child is apprehended by a peace officer, or brought before a court for examination under state law, the child may not be confined: (a) in a jail, lockup, or cell used for an adult who is charged with a crime; or (b) in secure care. (2) (a) The division shall detain a child in accordance with Sections 80-6-502, 80-6-504, and 80-6-505 if: (i) the child is charged with an offense under Section 80-6-502 or 80-6-503; (ii) the district court has obtained jurisdiction over the offense because the child is bound over to the district court under Section 80-6-504; and (iii) the juvenile or district court orders the detention of the child. (b) (i) If a child is detained before a detention hearing, or a preliminary hearing under Section 80-6-504 if a criminal information is filed for the child under Section 80-6-503, the child may only be held in certified juvenile detention accommodations in accordance with rules made by the department. (ii) The department's rules shall include rules for acceptable sight and sound separation from adult inmates. (iii) The department shall certify that a correctional facility is in compliance with the department's rules. (iv) This Subsection (2)(b) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a). (3) (a) In an area of low density population, the department may, by rule, approve a juvenile detention accommodation within a correctional facility that has acceptable sight and sound separation. (b) An accommodation described in Subsection (3)(a) shall be used only: (i) for short-term holding of a child who is alleged to have committed an act that would be a criminal offense if committed by an adult; and (ii) for a maximum confinement period of six hours. (c) A child may only be held in an accommodation described in Subsection (3)(a) for: (i) identification; (ii) notification of a juvenile court official; (iii) processing; and (iv) allowance of adequate time for evaluation of needs and circumstances regarding the release or transfer of the child to a shelter or detention facility. (d) This Subsection (3) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a). (4) (a) If a child is alleged to have committed an act that would be a criminal offense if committed by an adult, a law enforcement officer or agency may detain the child in a holding room in a local law enforcement agency facility for no longer than four hours: (i) for identification or interrogation; or (ii) while awaiting release to a parent or other responsible adult. (b) A holding room described in Subsection (4)(a) shall be certified by the department in accordance with the department's rules. (c) The department's rules shall include provisions for constant supervision and for sight and sound separation from adult inmates. (5) Willful failure to comply with this section is a class B misdemeanor. (6) (a) The division is responsible for the custody and detention of: (i) a child who requires detention before trial or examination, or is placed in secure detention after an adjudication under Section 80-6-704; and (ii) a juvenile offender under Subsection 80-6-806(7). (b) Subsection (6)(a) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a). (c) (i) The department shall provide standards for custody or detention under Subsections (2)(b), (3), and (4). (ii) The division shall determine and set standards for conditions of care and confinement of children in detention facilities. (d) (i) The division, or a public or private agency willing to undertake temporary custody or detention upon agreed terms in a contract with the division, shall provide all other custody or detention in suitable premises distinct and separate from the general jails, lockups, or cells used in law enforcement and corrections systems. (ii) This Subsection (6)(d) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a). (7) Except as otherwise provided by this chapter, if an individual who is, or appears to be, under 18 years old is received at a correctional facility, the sheriff, warden, or other official, in charge of the correctional facility shall: (a) immediately notify the juvenile court of the individual; and (b) make arrangements for the transfer of the individual to a detention facility, unless otherwise ordered by the juvenile court. Amended by Chapter 291, 2026 General Session

Utah Code § 80-6-205 Admission to detention -- Alternative to detention -- Rights of a minor in detention.

80-6-205. Admission to detention -- Alternative to detention -- Rights of a minor in detention. (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: (a) admit the minor to secure detention; (b) admit the minor to home detention; (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 (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: (a) the minor is detainable based on the detention guidelines; or (b) the minor has been brought to detention in accordance with: (i) a court order; (ii) a warrant described in Section 80-6-202; or (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) (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. (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. (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: (a) immediately notify the minor's parent, guardian, or custodian; and (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) (a) Subject to Subsection (8)(b), a minor admitted to detention has a right to: (i) phone the minor's parent, guardian, or attorney immediately after the minor is admitted to detention; and (ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or custodian. (b) The division may: (i) establish a schedule for which a minor in detention may visit or phone a person described in Subsection (8)(a); (ii) allow a minor in detention to visit or call persons described in Subsection (8)(a) in special circumstances; (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 (iv) limit the minor's rights described in Subsection (8)(a) if a compelling reason exists to limit the minor's rights. (c) A minor admitted to detention shall be immediately advised of the minor's rights described in this Subsection (8). Amended by Chapter 256, 2024 General Session

Utah Code § 80-6-206 Interrogation of a child -- Presence of a parent, legal guardian, or other adult -- Prohibition on false information or unauthorized statement -- Admissibility of admission, confession, or statement by child.

80-6-206. Interrogation of a child -- Presence of a parent, legal guardian, or other adult -- Prohibition on false information or unauthorized statement -- Admissibility of admission, confession, or statement by child. (1) As used in this section: (a) "Custodial interrogation" means any interrogation of a child while the individual is in custody. (b) (i) "Friendly adult" means an adult: (A) who has an established relationship with the child to the extent that the adult can provide meaningful advice and concerned help to the child should the need arise; and (B) who is not hostile or adverse to the child's interest. (ii) "Friendly adult" does not include a parent or guardian of the child. (c) (i) "Interrogation" means any express questioning or any words or actions that are reasonably likely to elicit an incriminating response. (ii) "Interrogation" does not include words or actions normally attendant to arrest and custody. (2) (a) If a child is subject to a custodial interrogation for an offense, the child has the right to have: (i) the child's parent or guardian present during an interrogation of the child; or (ii) a friendly adult present during an interrogation of the child if: (A) there is reason to believe that the child's parent or guardian has abused or threatened the child; or (B) the child's parent's or guardian's interest is adverse to the child's interest, including that the parent or guardian is a victim or a codefendant of the offense alleged to have been committed by the child. (b) A child's parent or guardian, or a friendly adult, is present at a custodial interrogation if: (i) the parent, guardian, or friendly adult attends the custodial interrogation in person or by video; and (ii) an interpreter is provided to the child and the parent, guardian, or friendly adult if the child or the parent, guardian, or friendly adult is unable to speak or understand English. (3) If a child is subject to a custodial interrogation for an offense, the child may not be interrogated unless: (a) the child has been advised, in accordance with Subsection (4), of: (i) the child's constitutional rights; and (ii) if the child has a right to have a parent, guardian, or friendly adult present during the interrogation under this section, the child's right to have a parent or guardian, or a friendly adult present during the interrogation; (b) the child has waived the child's constitutional rights; (c) if the child has a right to have a parent, guardian, or friendly adult present during the interrogation under this section, the child's parent or guardian, or a friendly adult, was present during the child's waiver under Subsection (3)(b) and has given permission for the child to be interrogated; (d) if the child is being held in a detention facility or a secure care facility, the child has had a meaningful opportunity to consult with the child's appointed or retained attorney and the child's appointed or retained attorney is present for the interrogation; and (e) if the child is in the custody of the Division of Child and Family Services and a guardian ad litem has been appointed for the child, the child's guardian ad litem has given consent to an interview of the child as described in Section 80-2-705. (4) Before the custodial interrogation of a child by a peace officer or a juvenile probation officer, the peace officer or juvenile probation officer shall disclose the following to the child: (a) You have the right to remain silent. (b) If you do not want to talk to me, you do not have to talk to me. (c) If you decide to talk to me, you have the right to stop answering my questions or talking to me at any time. (d) Anything you say can and will be used against you in court. (e) If you talk to me, I can tell a judge and everyone else in court everything that you tell me. (f) You have the right to have a parent or guardian, or a friendly adult if applicable, with you while I ask you questions. (g) You have the right to a lawyer. (h) You can talk to a lawyer before I ask you any questions and you can have that lawyer with you while I ask you questions. (i) If you want to talk to a lawyer, a lawyer will be provided to you for free. (j) These are your rights. (k) Do you understand the rights that I have just told you? (l) Do you want to talk to me? (5) (a) A peace officer's, or a juvenile probation officer's, compliance with Subsection (4) is determined by examining the entirety of the officer's disclosures to the child. (b) A peace officer's, or a juvenile probation officer's, failure to strictly comply with, or state the exact language of, Subsection (4) is not grounds by itself for finding the officer has not complied with Subsection (4). (6) Notwithstanding Subsection (2), a child's parent or guardian, or a friendly adult if applicable under Subsection (2)(b), is not required to be present during the child's waiver as described in Subsection (3)(c) or to give permission to the custodial interrogation of the child if: (a) the child is emancipated as described in Section 80-7-105; (b) the child has misrepresented the child's age as being 18 years old or older and a peace officer or a juvenile probation officer has relied on that misrepresentation in good faith; (c) a peace officer, a juvenile probation officer, or a law enforcement agency: (i) has made reasonable efforts to contact the child's parent or guardian, or a friendly adult if applicable under Subsection (2)(b); and (ii) has been unable to make contact within one hour after the time at which the child is taken into temporary custody; or (d) the child is being held in a detention facility or a secure care facility and the child's appointed or retained attorney is required to be present for the interrogation as described in Subsection (7). (7) (a) If a child is being held in a detention facility or a secure care facility and the child is subject to a custodial interrogation for an offense, the child may not be interrogated unless: (i) the child has had a meaningful opportunity to consult with the child's appointed or retained attorney; (ii) the child waives the child's constitutional rights after consultation with the child's appointed or retained attorney; and (iii) the child's appointed or retained attorney is present for the interrogation. (b) Subsection (7)(a) does not apply to a juvenile probation officer or a staff member of a detention facility, unless the juvenile probation officer or the staff member is interrogating the child on behalf of a peace officer or a law enforcement agency. (c) A child's appointed or retained attorney is present at a custodial interrogation as described in this Subsection (7) if the attorney attends the custodial interrogation in person or by video. (8) If a child is subject to a custodial interrogation for an offense, a peace officer, or an individual interrogating a child on behalf of a peace officer or a law enforcement agency, may not knowingly: (a) provide false information about evidence that is reasonably likely to elicit an incriminating response from the child; or (b) make an unauthorized statement about leniency for the offense. (9) A law enforcement agency shall make an audio recording or an audio-video recording that accurately records a custodial interrogation of a child. (10) (a) If a peace officer or juvenile probation officer intentionally, knowingly, or recklessly fails to comply with the requirements for a custodial interrogation of a child as described in this section, any admission, confession, or statement made by the child as a result of the custodial interrogation is presumed: (i) to not be voluntarily, knowingly, and intelligently made; and (ii) to not be admissible as evidence against the child. (b) A prosecuting attorney may only overcome the presumption described in Subsection (10)(a) by a preponderance of the evidence showing that the child had the ability to comprehend and waive: (i) the child's constitutional rights; and (ii) if the child has a right to have a parent, guardian, or friendly adult present under this section, the child's right to have a parent or guardian, or a friendly adult, present during the custodial interrogation. (c) When a custodial interrogation of a child is not accurately recorded as described in Subsection (9), a court shall determine whether a statement made by the child in the custodial interrogation is admissible in accordance with Rule 616 of the Utah Rules of Evidence. (11) A minor may only waive the minor's right to be represented by counsel at all stages of court proceedings as described in Section 78B-22-204. Amended by Chapter 149, 2024 General Session

Utah Code § 80-6-207 Detention hearings -- Period of detention -- Bail.

80-6-207. Detention hearings -- Period of detention -- Bail. (1) (a) After admission of a child to a detention facility under Section 80-6-205 and immediate investigation by a juvenile probation officer, the juvenile court or the juvenile probation officer shall order the release of the child to the child's parent, guardian, or custodian if the juvenile court or the juvenile probation officer finds that the child can be safely returned to the parent's, the guardian's, or the custodian's care, upon written promise to bring the child to the juvenile court at a time set or without restriction. (b) If a child's parent, guardian, or custodian fails to retrieve the child from a detention facility within 24 hours after notification of release, the parent, guardian, or custodian is responsible for the cost of care for the time the child remains in the detention facility in accordance with Section 78A-6-356. (c) The detention facility shall determine the cost of care. (d) Any money collected under this Subsection (1) shall be retained by the division to recover the cost of care for the time the child remains in the facility. (2) (a) When a child is admitted to a detention facility, the child's parent, guardian, or custodian shall be informed by the individual in charge of the detention facility that the parent's, the guardian's, or the custodian's child has the right to a prompt hearing in a juvenile court to determine whether the child is to be further detained or released. (b) If a minor is admitted to a detention facility, the minor shall be informed by the person in charge of the facility that the minor has the right to a prompt hearing in a juvenile court to determine whether the minor is to be further detained or released. (3) (a) The juvenile court may, at any time, order the release of the minor, from detention, regardless of whether a detention hearing is held or not. (b) If a child is released, and the child remains in the detention facility, because the child's parents, guardian, or custodian fails to retrieve the child, the parent, guardian, or custodian shall be responsible for the cost of care as provided in Subsections (1)(b), (c), and (d) in accordance with Section 78A-6-356. (4) (a) As used in this Subsection (4), "arrest" means being apprehended, detained, taken into temporary custody under Section 80-6-201 or 80-6-202, held for investigation, or restrained by a peace officer or other person due to an accusation or suspicion that the minor committed an offense. (b) A minor may not be held in a detention facility longer than 24 hours, unless a juvenile court determines that there is probable cause for the minor's arrest. (5) (a) A detention hearing under this section shall be held by a juvenile court judge or commissioner. (b) A juvenile court shall hold a detention hearing within 48 hours of the minor's admission to a detention facility, excluding weekends and holidays, to determine whether the minor should: (i) remain in detention in accordance with Subsection (8); (ii) be released to a parent or guardian; or (iii) be placed in any other party's custody as authorized by statute. (6) The probable cause determination under Subsection (4) and the detention hearing under Subsection (5) may occur at the same time if the probable cause determination and the detention hearing occur within the time frame under Subsection (4). (7) (a) A detention hearing may not be waived. (b) Staff at the detention facility shall provide the juvenile court with all information received from the individual who brought the minor to the detention facility. (8) (a) The juvenile court may only order a minor to be held in the detention facility or be placed in another appropriate facility, subject to further order of the court, if the court finds at a detention hearing that: (i) releasing the minor to the minor's parent, guardian, or custodian presents an unreasonable risk to public safety; (ii) less restrictive nonresidential alternatives to detention have been considered and, where appropriate, attempted; and (iii) the minor is eligible for detention under the detention guidelines and Section 80-6-205. (b) The juvenile court may not vest custody of a minor admitted to detention in the Division of Child and Family Services, except as provided in Chapter 3, Abuse, Neglect, and Dependency Proceedings. (9) (a) After a detention hearing has been held, only the juvenile court may release a minor from detention. (b) If a minor remains in a detention facility, periodic reviews shall be held in accordance with the Utah Rules of Juvenile Procedure to ensure that continued detention of the minor is necessary. (10) This section does not apply to a minor who is brought to a correctional facility in accordance with Section 80-6-502, 80-6-504, or 80-6-505. (11) Title 77, Chapter 20, Bail, does not apply to a minor, except for: (a) a minor charged in accordance with Section 80-6-502; (b) a minor bound over to the district court in accordance with Section 80-6-504; or (c) a minor who need not be detained and lives outside this state. Amended by Chapter 155, 2022 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title80/Chapter6/80-6-P2.html?v=C80-6-P2_2021050520210901Fetched: 10/26/2026