Utah Code § 80-6-706

Current through the 2024 Third Special Session
Section 80-6-706 - Treatment - Commitment to local mental health authority or Utah State Developmental Center
(1) If a minor is adjudicated under Section 80-6-701, the juvenile court may order:
(a) a nonresidential, diagnostic assessment for the minor, including a risk assessment for substance use disorder, mental health, psychological, or sexual behavior;
(b) the minor to be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
(c) other care for the minor.
(2) For purposes of receiving the examination, treatment, or care described in Subsection (1), the juvenile court may place the minor in a hospital or other suitable facility that is not secure care or secure detention.
(3) In determining whether to order the examination, treatment, or care described in Subsection (1), the juvenile court shall consider:
(a) the desires of the minor;
(b) if the minor is a child, the desires of the minor's parent or guardian; and
(c) whether the potential benefits of the examination, treatment, or care outweigh the potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain function impairment, or emotional or physical harm resulting from the compulsory nature of the examination, treatment, or care.
(4)
(a) If the juvenile court orders examination, treatment, or care for a child under Subsection (1) and the child is committed to the division under Subsection 80-6-703(2), the division shall:
(i) take reasonable measures to notify the child's parent or guardian of any non-emergency health treatment or care scheduled for the child;
(ii) include the child's parent or guardian as fully as possible in making health care decisions for the child; and
(iii) defer to the child's parent's or guardian's reasonable and informed decisions regarding the child's health care to the extent that the child's health and well-being are not unreasonably compromised by the parent's or guardian's decision.
(b) The division shall notify the parent or guardian of a child within five business days after a child committed to the division receives emergency health care or treatment.
(c) The division shall use the least restrictive means to accomplish the care and treatment of a child described under Subsection (1).
(5) If a child is adjudicated for an offense under Section 80-6-701, the juvenile court may commit the child to the physical custody, as defined in Section 26B-5-401, of a local mental health authority in accordance with the procedures and requirements in Title 26B, Chapter 5, Part 4, Commitment of Persons Under Age 18.
(6)
(a) If a minor is adjudicated for an offense under Section 80-6-701, and the minor has an intellectual disability, the juvenile court may commit the minor to the Utah State Developmental Center in accordance with Title 26B, Chapter 6, Part 6, Admission to an Intermediate Care Facility for People with an Intellectual Disability.
(b) The juvenile court shall follow the procedure applicable in the district courts with respect to judicial commitments to the Utah State Developmental Center when ordering a commitment under Subsection (6)(a).

Utah Code § 80-6-706

Amended by Chapter 330, 2023 General Session ,§ 152, eff. 5/3/2023.
Added by Chapter 261, 2021 General Session ,§ 183, eff. 9/1/2021.