Effective 9/1/2021
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 established by the Sentencing Commission, in accordance with 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 shall develop a statewide system of appropriate responses to guide responses to the behaviors of minors:
- (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.
Renumbered and Amended by Chapter 261, 2021 General Session