Effective 9/1/2021
80-6-702. Probation or protective supervision — Conditions for probation.
80-6-702. Probation or protective supervision — Conditions for probation.
- (1) If a minor is adjudicated under Section 80-6-701, the juvenile court may place the minor on probation, or under protective supervision in accordance with Subsection (3) if the minor is a child, in the minor’s own home and upon conditions determined by the juvenile court, including community or compensatory service.
- (2)
- (a) If the juvenile court orders a condition under Subsection (1), the condition shall be:
- (i) individualized and address a specific risk or need;
- (ii) based on information provided to the juvenile court, including the results of a validated risk and needs assessment conducted under Section 80-6-606; and
- (iii) if the juvenile court orders substance abuse treatment or an educational series, based on a validated risk and needs assessment conducted under Section 80-6-606.
- (b) A juvenile court may not issue a standard order that contains control-oriented conditions.
- (c) If the juvenile court orders a prohibition on weapon possession as a condition under Subsection (1), the prohibition shall be specific to the minor and not the minor’s family.
- (a) If the juvenile court orders a condition under Subsection (1), the condition shall be:
- (3) If the juvenile court orders protective supervision, the Division of Child and Family Services may not provide protective supervision unless there is a petition filed under Section 80-3-201 that requests that the Division of Child and Family Services provide protective supervision.
- (4)
- (a) If the juvenile court places a minor on probation, the juvenile court shall establish the period of time that a minor is on probation in accordance with Section 80-6-712.
- (b) An order for probation or protective supervision shall include a date for review and presumptive termination of the case by the juvenile court in accordance with Section 80-6-712.
- (c) For each review of a minor’s case under Subsection (4)(b), the juvenile court shall set a new date for a review and presumptive termination of the minor’s case.
- (5)
- (a) If a minor is adjudicated under this chapter, the juvenile court may order a minor’s parent, guardian, or custodian, or any other person who has been made a party to the proceedings, to comply with reasonable conditions, including:
- (i) parent-time by the minor’s parent;
- (ii) restrictions on the individuals that the minor associates with;
- (iii) restrictions on the minor’s occupation and any other activity; and
- (iv) requirements to be observed by the minor’s parent, guardian, or custodian.
- (b) If a minor’s parent, guardian, or custodian successfully completes a family or other counseling program, the minor may be credited by the juvenile court for time spent in detention, in secure care, or on probation.
- (a) If a minor is adjudicated under this chapter, the juvenile court may order a minor’s parent, guardian, or custodian, or any other person who has been made a party to the proceedings, to comply with reasonable conditions, including:
Enacted by Chapter 261, 2021 General Session