(1) For a minor adjudicated and placed on probation or into the custody of the Division of Juvenile Justice Services under Section 78A-6-117, a case plan shall be created and shall be: (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; and (d) tailored to the minor's offense and history.
(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; and
(d) tailored to the minor's offense and history.
(2) (a) The Administrative Office of the Courts and the Division of Juvenile Justice Services shall develop a statewide system of appropriate responses to guide responses to the behaviors of minors: (i) undergoing nonjudicial adjustments; (ii) under the jurisdiction of the juvenile court; and (iii) in the custody of the Division of Juvenile Justice Services. (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, and the severity of the violation; and (iv) authorize earned discharge credits as one incentive for compliance. (c) After considering the guidelines established by the Sentencing Commission, pursuant to 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 of Juvenile Justice Services shall develop a statewide system of appropriate responses to guide responses to the behaviors of minors: (i) undergoing nonjudicial adjustments; (ii) under the jurisdiction of the juvenile court; and (iii) in the custody of the Division of Juvenile Justice Services.
(i) undergoing nonjudicial adjustments;
(ii) under the jurisdiction of the juvenile court; and
(iii) in the custody of the Division of Juvenile Justice Services.
(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, and the severity of the violation; and (iv) authorize earned discharge credits as one incentive for compliance.
(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, and the severity of the violation; and
(iv) authorize earned discharge credits as one incentive for compliance.
(c) After considering the guidelines established by the Sentencing Commission, pursuant to Section 63M-7-404, the system of appropriate responses under Subsections (2)(a) and (b) shall be developed.
(3) A response to a compliant or noncompliant behavior under Subsection (2) shall be documented in the minor's case plan. Documentation shall include: (a) positive behaviors and incentives offered; (b) violations and corresponding sanctions; and (c) whether the minor has a subsequent violation after a sanction.
(a) positive behaviors and incentives offered;
(b) violations and corresponding sanctions; and
(c) whether the minor has a subsequent violation after a sanction.
(4) Before referring a minor to court for judicial review or to the Youth Parole Authority if the minor is under the jurisdiction of the Youth Parole Authority in response to a violation, either through a contempt filing under Section 78A-6-1101 or an order to show cause, pursuant to Subsections (2)(a) and (b), a pattern of appropriate responses shall be documented in the minor's case plan .
(5) Notwithstanding Subsection (4), violations of protective orders or ex parte protection orders listed in Subsection 77-36-2.7(3) with victims and violations that constitute new delinquency offenses may be filed directly with the court.