FHC - Notification from Juvenile Courts
Date Adopted: 12 February 2025
Current Review / Revision: 12 February 2025
Definition of “Serious Offense”—
“Serious offense” means a violent felony as defined in Utah Code § 76-3-203.5, a violation of Utah Code Title 76, Chapter 6, Part 4, Theft when the property stolen is a firearm, or an offense that is a violation of Utah Code Title 76 Chapter 10, Part 5, Weapons.
Utah Code § 80-6-103(1)(d) (2024)
Superintendent to Notify Principal—
Within three days of receiving a notification from juvenile court or a law enforcement agency that a student of the district has been taken into temporary custody for a serious offense, the superintendent or superintendent’s designee shall notify the principal of the school that the juvenile attends or last attended. The superintendent or designee shall inform the principal:
1. The name of the student;
2. The offense for which the student was taken into temporary custody or admitted to detention; and
3. If available, the name of the victim, if the victim is a student of the District and:
a. Resides in the District; or
b. Attends the same school as the student in custody.
Within three days of receiving a notification that a student of the District has been adjudicated for a serious offense, the superintendent or superintendent’s designee shall notify the principal of the school that the student attends or last attended. The superintendent or designee shall inform the principal:
1. The name of the student;
2. The offense for which the student was adjudicated;
3. If available, the name of the victim, if the victim is a student of the District and:
a. Resides in the District; or
b. Attends the same school as the student in custody.
Within three days of receiving notification of a juvenile court’s disposition and orders following a detention hearing for a student of the District who is alleged to have committed a serious offense, the superintendent or superintendent’s designee shall inform the principal of the court’s disposition and orders.
Upon receipt of the information from the superintendent or designee, the principal shall make a notation in a secure file other than the student’s permanent file and shall, with the school multidisciplinary team established under Policy CEB, use the information to assess the level of threat the student poses, including potential for self-harm, suicide ideation, harm to others, or harm to school property. In making this assessment, the principal and multidisciplinary team shall use an evidence-based threat assessment approved by the State Board of Education.
Utah Code § 80-6-102(21) (2024)
Utah Admin. Rules R277-736-3(1) to (3) (June 22, 2020)
Dissemination of Information to School Staff—
The principal and multidisciplinary team shall determine, based on the level of threat posed by the student, the appropriate school staff who should receive the information about the student. In cases where the information demonstrates possible imminent harm to the student or others, the principal may share information as necessary to ensure the safety of the student, the victim, and the school’s general population without first consulting with the multidisciplinary team. In determining what information should be shared and which staff members should receive the information, the principal and multidisciplinary team should share only the information and data needed to ensure the safety of the student, the victim, and the school’s general population.
Utah Admin. Rules R277-736-3(1), (4), (5) (June 22, 2020)
The superintendent, principal, and any other staff member notified by the principal shall not intentionally cause the information to become public knowledge.
Student Reintegration Plan—
Within five school days of receiving a notification from juvenile court or a law enforcement agency that a student of the district has been arrested for, charged with, or adjudicated in juvenile court for a serious offense (as defined by Utah Code § 80-6-103(1)(d)), the school shall develop a reintegration plan for the student with a multidisciplinary team, the student, and the student’s parent or guardian. The plan must address a behavioral intervention for the student, a short-term mental health or counseling service for the student, an academic intervention for the student, and (if the offense was a violent felony and was directed at a school employee or another student within the school) notification of the reintegration plan to that employee or student and the student’s parent. A student may not be reintegrated into school where a student or staff member has a protective order against the student or where a student or staff member is the victim of a sexual crime committed by the student. The school may deny admission to the student until the reintegration plan is completed. The multidisciplinary team involved in developing the reintegration plan will consist of the District, the juvenile court, the Division of Juvenile Justice Services, a school safety and security specialist, the school safety and security director, and (if applicable) a school resource officer and any other relevant party that should be involved in a reintegration plan. A student resource officer shall be given the opportunity to provide input regarding the safety risks the student may pose upon reintegration. Where a student is on probation, the reintegration plan shall include providing notice to the student resource officer of the school where the student attends of that probation status.
Utah Code § 80-6-103(1)(d) (2024)
Utah Code § 53G-8-203(4)(b)(iii), (iv) (2024)
Action Against Student Based on Information—
Any action taken against a student based on the information received must be consistent with restorative justice practices. (See Policy FGAD.)
Utah Admin. Rules R277-736-3(6) (June 22, 2020)
Transfer of Information to Another School—
Beginning July 1, 2025, the school shall digitally maintain the secure file information regarding the notification or (if available) the student’s reintegration plan for one year after receiving a notification from juvenile court or a law enforcement agency and shall ensure that the secure file follows the student if the student transfers to a different school or local educational agency.
Contact
120 N Main
Huntington, UT 84528
ecsdcontact@emeryschools.org
(435) 687-9846