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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Utah Code Title 80. Utah Juvenile Code § 80-6-202. Warrants for minors - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-80-utah-juvenile-code/ut-code-sect-80-6-202/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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