Delinquency Proceedings

Utah Code tit. 80, ch. 80-6, pt. 80-6-P6

in effect

Utah Code § 80-6-601 Minors' cases considered civil proceedings -- Minor not to be charged with crime -- Exception for a prior adjudication -- Traffic violation cases.

80-6-601. Minors' cases considered civil proceedings -- Minor not to be charged with crime -- Exception for a prior adjudication -- Traffic violation cases. (1) Except as provided in Part 5, Minor Tried as an Adult, a proceeding in a minor's case under this chapter is a civil proceeding with the juvenile court exercising equitable powers. (2) (a) An adjudication by a juvenile court of a minor under this chapter is not considered a conviction of a crime, except in cases involving traffic violations. (b) An adjudication may not: (i) operate to impose any civil disabilities upon the minor; or (ii) disqualify the minor for any civil service or military service or appointment. (3) (a) Except in cases involving traffic violations, and as provided in Part 5, Minor Tried as an Adult, a minor may not be charged with a crime and convicted in any court. (b) Except as provided in Section 80-6-504 , if a petition is filed in the juvenile court, the minor may not later be subject to criminal prosecution based on the same facts. (c) Except as provided in Section 80-6-305, an individual may not be subject to a proceeding under this chapter for an offense that the individual is alleged to have committed before the individual was 12 years old. (4) (a) An adjudication by a juvenile court of a minor under this chapter is considered a conviction for the purposes of determining the level of offense for which a minor may be charged and enhancing the level of an offense in the juvenile court. (b) A prior adjudication may be used to enhance the level or degree of an offense committed by an adult only as otherwise specifically provided. Amended by Chapter 277, 2025 General Session

Utah Code § 80-6-602 Hearings or proceedings for minors -- Prosecuting attorney -- Order for indigent defense -- Custody in the Division of Child and Family Services.

80-6-602. Hearings or proceedings for minors -- Prosecuting attorney -- Order for indigent defense -- Custody in the Division of Child and Family Services. (1) In a hearing or proceeding under this chapter, the juvenile court: (a) shall admit any person who has a direct interest in the case; (b) may admit any person whose presence is requested by the minor's parent or guardian; and (c) shall exclude any other person except as provided in Subsection (2). (2) In a hearing or proceeding under this chapter for a minor who is 14 years old or older, the juvenile court shall admit any person, unless the hearing or proceeding is closed by the juvenile court upon findings, on the record, for good cause if: (a) the minor has been charged with an offense that would be a felony if committed by an adult; or (b) the minor is charged with an offense that would be a class A or B misdemeanor if committed by an adult and the minor has been previously charged with an offense that would be a misdemeanor or felony if committed by an adult. (3) If more than one minor is alleged to be involved in a violation of a law or ordinance, the proceedings for the violation may be consolidated, except a separate hearing may be held with respect to a disposition for a minor. (4) The county attorney, or the district attorney if within a prosecution district, shall represent the state in a proceeding under this chapter. (5) If a minor is facing a proceeding under this chapter, a juvenile court shall: (a) appoint an indigent defense service provider for the minor in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel; and (b) order indigent defense services for the minor in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel. (6) If a minor is facing a proceeding under this chapter, a minor may not decline to enter into a nonjudicial adjustment without first being advised of their right to consult with counsel, subject to the requirements of Subsection 80-6-304(4). (7) A juvenile court may appoint an attorney guardian ad litem under Section 78A-2-803, or as otherwise provided by law, to represent a child under this chapter. (8) A juvenile court may not vest custody of a minor facing a delinquency proceeding under this chapter in the Division of Child and Family Services, except as provided in Chapter 3, Abuse, Neglect, and Dependency Proceedings. Amended by Chapter 324, 2025 General Session

Utah Code § 80-6-603 Rights of minors facing delinquency proceedings.

80-6-603. Rights of minors facing delinquency proceedings. (1) If a minor is facing a delinquency proceeding under this chapter, the minor has the right to: (a) appear in person in the proceeding for the petition or the criminal information; (b) defend, in person or by counsel, against the allegations in the petition or the criminal information; (c) receive a copy of the petition or the criminal information; (d) testify on the minor's own behalf; (e) confront the witnesses against the minor; (f) secure the attendance of witnesses on the minor's behalf under Section 78A-6-351; (g) be represented by counsel at all stages of the proceedings; (h) be appointed an indigent defense service provider and be provided indigent defense services in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel; (i) remain silent and be advised that anything the minor says can and will be used against the minor in any court proceedings; and (j) appeal any adjudication under this chapter. (2) A minor facing a delinquency proceeding shall be advised of the minor's rights described in Subsection (1). Amended by Chapter 155, 2022 General Session

Utah Code § 80-6-604 Victim's rights -- Access to juvenile court records.

80-6-604. Victim's rights -- Access to juvenile court records. (1) (a) If a minor is charged in a petition or information under this chapter for an offense that if committed by an adult would be a felony or a class A or class B misdemeanor, a victim of any act charged in the petition or information shall, upon request, be afforded all rights afforded to victims in: (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act; (ii) Title 77, Chapter 37, Victims' Rights; (iii) Title 77, Chapter 38, Crime Victims; and (iv) Title 78B, Chapter 7, Part 8, Criminal Protective Orders. (b) The notice provisions in Section 77-38-3 do not apply to important juvenile justice hearings as defined in Section 77-38-2. (2) A victim, upon request to the appropriate juvenile court personnel, shall have the right to inspect and duplicate juvenile court records related to the offense against the victim that have not been expunged under Part 10, Juvenile Records and Expungement, concerning: (a) the scheduling of any juvenile court hearings on a petition or information filed under this chapter; (b) any findings made by the juvenile court; and (c) any order or disposition imposed by the juvenile court. Amended by Chapter 237, 2023 General Session

Utah Code § 80-6-605 Extension of juvenile court jurisdiction -- Procedure.

80-6-605. Extension of juvenile court jurisdiction -- Procedure. (1) At the time that a prosecuting attorney files a petition under Section 80-6-305, or a criminal information under Section 80-6-503, for a felony offense alleged to have been committed by a minor who is 14 years old or older, either party may file a motion to extend the juvenile court's continuing jurisdiction over the minor's case until the minor is 25 years old if: (a) the minor was the principal actor in the offense; and (b) the petition or information alleges a felony violation of: (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another; (ii) Section 76-5-202, aggravated murder or attempted aggravated murder; (iii) Section 76-5-203, murder or attempted murder; (iv) Section 76-5-302, aggravated kidnapping; (v) Section 76-5-405, aggravated sexual assault; (vi) Section 76-6-103, aggravated arson; (vii) Section 76-6-203, aggravated burglary; (viii) Section 76-6-302, aggravated robbery; (ix) Section 76-11-210, felony discharge of a firearm; or (x) (A) an offense other than the offenses listed in Subsections (1)(b)(i) through (ix) involving the use of a dangerous weapon that would be a felony if committed by an adult; and (B) the minor has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon that would have been a felony if committed by an adult. (2) (a) Notwithstanding Subsection (1), either party may file a motion to extend the juvenile court's continuing jurisdiction after a determination by the juvenile court that the minor will not be bound over to the district court under Section 80-6-504. (3) The juvenile court shall make a determination on a motion under Subsection (1) or (2) at the time of disposition. (4) The juvenile court shall extend the continuing jurisdiction over the minor's case until the minor is 25 years old if the juvenile court finds, by a preponderance of the evidence, that extending continuing jurisdiction is in the best interest of the minor and the public. (5) In considering whether it is in the best interest of the minor and the public for the court to extend jurisdiction over the minor's case until the minor is 25 years old, the juvenile court shall consider and base the juvenile court's decision on: (a) whether the protection of the community requires an extension of jurisdiction beyond the age of 21; (b) the extent to which the minor's actions in the offense were committed in an aggressive, violent, premeditated, or willful manner; (c) the minor's mental, physical, educational, trauma, and social history; and (d) the criminal record and previous history of the minor. (6) The amount of weight that each factor in Subsection (5) is given is in the juvenile court's discretion. (7) (a) The juvenile court may consider written reports and other materials relating to the minor's mental, physical, educational, trauma, and social history. (b) Upon request by the minor, the minor's parent, guardian, or other interested party, the juvenile court shall require the person preparing the report or other material to appear and be subject to both direct and cross-examination. (8) A minor may testify under oath, call witnesses, cross-examine witnesses, and present evidence on the factors described in Subsection (5). Amended by Chapter 173, 2025 General Session Amended by Chapter 208, 2025 General Session

Utah Code § 80-6-606 Validated risk and needs assessment -- Examination of minor or minor's parent or guardian -- Temporary custody or appointment of guardian.

80-6-606. Validated risk and needs assessment -- Examination of minor or minor's parent or guardian -- Temporary custody or appointment of guardian. (1) (a) If a minor is adjudicated for an offense under this chapter, the minor shall undergo a risk screening or, if indicated, a validated risk and needs assessment. (b) If a minor undergoes a risk screening or a validated risk and needs assessment, the results of the screening or assessment shall be used to inform the juvenile court's disposition and any case planning for the minor. (c) If a minor undergoes a validated risk and needs assessment, the results of the assessment may not be shared with the juvenile court before the adjudication of the minor. (2) If the juvenile court's continuing jurisdiction over a minor's case is terminated, the minor shall undergo a validated risk and needs assessment within seven days of the day on which an order terminating the juvenile court's continuing jurisdiction is issued if: (a) the minor is adjudicated under this chapter; and (b) the minor underwent a validated risk and needs assessment under Subsection (1). (3) (a) If a petition under this chapter has been filed for a minor, a juvenile court may: (i) order that the minor be examined by a physician, surgeon, psychiatrist, or psychologist; and (ii) place the minor in a hospital or other facility for examination. (b) After notice and a hearing set for the specific purpose, the juvenile court may order an examination of a minor's parent or guardian whose ability to care for a minor is at issue if the juvenile court finds from the evidence presented at the hearing that the parent's or guardian's physical, mental, or emotional condition may be a factor in causing the delinquency of the minor. (c) An examination conducted in accordance with this Subsection (3) is not a privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general rule of privilege. (4) (a) Subject to Subsection (4)(b), if a petition under this chapter has been filed for a child, a juvenile court may: (i) place the child in the temporary custody of a relative or other suitable individual if the child's parent or guardian consents to the placement; (ii) appoint a guardian for the child if it appears a guardian is in the necessary interests of the child and the child's parent or guardian consents to the appointment; or (iii) place the child in the temporary custody of a relative or other suitable individual under Subsection (4)(a)(i) or appoint a guardian for the child under Subsection (4)(a)(ii) without the consent of the child's parent or guardian if the child's parent or guardian cannot be located with reasonable diligence. (b) The juvenile court may not grant temporary custody or a guardianship of a child to the Division of Child and Family Services under Subsection (4)(a) to address the minor's ungovernable or other behavior, mental health, or other disability, unless the Division of Child and Family Services: (i) engages other relevant divisions of the department in conducting an assessment of the child and the child's family's needs; (ii) based on an assessment under Subsection (4)(b)(i), determines that granting temporary custody or a guardianship of the child to the Division of Child and Family Services is the least restrictive intervention for the child that meets the child's needs; and (iii) consents to the child being committed to the temporary custody of, or placed in a guardianship, with the Division of Child and Family Services. Amended by Chapter 155, 2022 General Session

Utah Code § 80-6-607 Case planning and appropriate responses.

80-6-607. Case planning and appropriate responses. (1) For a minor adjudicated and placed on probation under Section 80-6-702 or committed to the division under Section 80-6-703, a case plan shall be created and: (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 under Section 80-6-606; and (d) tailored to the minor's offense and history. (2) (a) The Administrative Office of the Courts and the division shall develop a statewide system of appropriate responses to guide responses to the behaviors of minors: (i) undergoing nonjudicial adjustments; (ii) whose case is under the jurisdiction of the juvenile court; and (iii) in the custody of the division. (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 under Section 80-6-606, and the severity of the violation; and (iv) authorize earned discharge credits as one incentive for compliance. (c) After considering the juvenile disposition guidelines, as defined in Section 75E-4-101, the system of appropriate responses under Subsections (2)(a) and (b) shall be developed. (3) (a) A response to compliant or noncompliant behavior under Subsection (2) shall be documented in the minor's case plan. (b) Documentation under Subsection (3)(a) shall include: (i) positive behaviors and incentives offered; (ii) violations and corresponding sanctions; and (iii) whether the minor has a subsequent violation after a sanction. (4) Before referring a minor to a juvenile court for judicial review, or to the authority if the minor is under the jurisdiction of the authority, in response to a contempt filing under Section 78A-6-353 or an order to show cause, a pattern of appropriate responses shall be documented in the minor's case plan in accordance with Subsections (3)(a) and (b) . (5) Notwithstanding Subsection (4), if a minor violates a protective order or an ex parte protective order listed in Section 78B-7-803, the violation may be filed directly with the juvenile court. Amended by Chapter 291, 2026 General Session

Utah Code § 80-6-608 When photographs, fingerprints, or HIV infection tests may be taken -- Distribution -- DNA collection -- Reimbursement.

80-6-608. When photographs, fingerprints, or HIV infection tests may be taken -- Distribution -- DNA collection -- Reimbursement. (1) The division shall take a photograph and fingerprints of a minor who is: (a) 14 years old or older at the time of the alleged commission of an offense that would be a felony if the minor were 18 years old or older; and (b) admitted to a detention facility for the alleged commission of the offense. (2) The juvenile court shall order a minor who is 14 years old or older at the time that the minor is alleged to have committed an offense described in Subsection (2)(a) or (b) to have the minor's fingerprints taken at a detention facility or a local law enforcement agency if the minor is: (a) adjudicated for an offense that would be a class A misdemeanor if the minor were 18 years old or older; or (b) adjudicated for an offense that would be a felony if the minor were 18 years old or older and the minor was not admitted to a detention facility. (3) The juvenile court shall take a photograph of a minor who is: (a) 14 years old or older at the time the minor was alleged to have committed an offense that would be a felony or a class A misdemeanor if the minor were 18 years old or older; and (b) adjudicated for the offense described in Subsection (3)(a). (4) If a minor's fingerprints are taken under this section, the minor's fingerprints shall be forwarded to the Bureau of Criminal Identification and may be stored by electronic medium. (5) Except for an offense under Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420, HIV testing shall be conducted on a minor who is taken into custody after having been adjudicated for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, upon the request of: (a) the victim; (b) the parent or guardian of a victim who is younger than 14 years old; or (c) the guardian of the alleged victim if the victim is a vulnerable adult as defined in Section 26B-6-201. (6) Except for an offense under Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420, HIV testing shall be conducted on a minor against whom a petition has been filed or a pickup order has been issued for the commission of any offense under Title 76, Chapter 5, Part 4, Sexual Offenses: (a) upon the request of: (i) the victim; (ii) the parent or guardian of a victim who is younger than 14 years old; or (iii) the guardian of the alleged victim if the victim is a vulnerable adult as defined in Section 26B-6-201; and (b) in which: (i) the juvenile court has signed an accompanying arrest warrant, pickup order, or any other order based upon probable cause regarding the alleged offense; and (ii) the juvenile court has found probable cause to believe that the alleged victim has been exposed to HIV infection as a result of the alleged offense. (7) HIV tests, photographs, and fingerprints may not be taken of a child who is younger than 14 years old without the consent of the juvenile court. (8) (a) Photographs taken under this section may be distributed or disbursed to: (i) state and local law enforcement agencies; (ii) the judiciary; and (iii) the division. (b) Fingerprints may be distributed or disbursed to: (i) state and local law enforcement agencies; (ii) the judiciary; (iii) the division; and (iv) agencies participating in the Western Identification Network. (9) (a) A DNA specimen shall be obtained from a minor who is adjudicated by the juvenile court as described in Subsection 53-10-403(1)(e). (b) The DNA specimen shall be obtained, in accordance with Subsection 53-10-404(4), by: (i) designated employees of the juvenile court; or (ii) if the minor is committed to the division, designated employees of the division. (c) The responsible agency under Subsection (9)(b) shall ensure that an employee designated to collect the saliva DNA specimens receives appropriate training and that the specimens are obtained in accordance with accepted protocol. (d) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNA Specimen Restricted Account created in Section 53-10-407. (e) Payment of the reimbursement is second in priority to payments the minor is ordered to make for restitution under Section 80-6-710 and for treatment ordered under Section 80-3-403. Amended by Chapter 173, 2025 General Session

Utah Code § 80-6-609 Restraint of a minor.

80-6-609. Restraint of a minor. (1) As used in this section, "restrained" means the use of handcuffs, chains, shackles, zip ties, irons, straightjackets, and any other device or method that is used to immobilize a minor. (2) (a) The Judicial Council shall adopt rules that address the circumstances under which a minor may be restrained while appearing in juvenile court. (b) The Judicial Council shall ensure that the rules consider both the welfare of the minor and the safety of the juvenile court. (c) A minor may not be restrained during a juvenile court proceeding unless restraint is authorized by rules of the Judicial Council. Renumbered and Amended by Chapter 261, 2021 General Session

Utah Code § 80-6-610 Property damage caused by a minor -- Liability of parent or guardian.

80-6-610. Property damage caused by a minor -- Liability of parent or guardian. (1) A parent or guardian with legal custody of a minor is liable for damages sustained to property not to exceed $2,000 when: (a) the minor intentionally damages, defaces, destroys, or takes the property of another; (b) the minor recklessly or willfully shoots or propels a missile, or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing; or (c) the minor intentionally and unlawfully tampers with the property of another and thereby recklessly endangers human life or recklessly causes or threatens a substantial interruption or impairment of any public utility service. (2) A parent or guardian with legal custody of a minor is liable for damages sustained to property not to exceed $5,000 when the minor is adjudicated for an offense under Subsection (1): (a) for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802; or (b) to gain recognition, acceptance, membership, or increased status with a criminal street gang. (3) A juvenile court may make an order for restitution under Subsection (1) or (2) to be paid by the minor's parent or guardian if the minor is adjudicated for an offense. (4) As used in this section, property damage described under Subsection (1)(a) or (c), or Subsection (2), includes graffiti, as defined in Section 76-6-101. (5) A court may waive part or all of the liability for damages under this section by the minor's parent or guardian if, after the minor is adjudicated, the court finds, upon the record: (a) good cause; or (b) the parent or guardian: (i) made a reasonable effort to restrain the wrongful conduct; and (ii) reported the conduct to the property owner involved or the law enforcement agency having primary jurisdiction after the parent or guardian knew of the minor's unlawful act. (6) A report is not required under Subsection (5)(b) from a parent or guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the property owner involved. (7) A conviction for criminal mischief under Section 76-6-106, property damage or destruction under Section 76-6-106.1, criminal trespass under Section 76-6-206, or an adjudication under Section 80-6-701 is not a condition precedent to a civil action authorized under Subsection (1) or (2). (8) A parent or guardian is not liable under Subsection (1) or (2) if the parent or guardian made a reasonable effort to supervise and direct the minor, or, in the event the parent or guardian knew in advance of the possible taking, injury, or destruction by the minor, made a reasonable effort to restrain the minor. Amended by Chapter 111, 2023 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title80/Chapter6/80-6-P6.html?v=C80-6-P6_2021050520210901Fetched: 10/26/2026