§ 53G-6-208 — Taking custody of a person believed to be a truant minor -- Disposition -- Reports -- Immunity from liability.

(1) Except during the period between March 17, 2021, and June 1, 2022, a peace officer or public school administrator may take a minor into temporary custody if there is reason to believe the minor is a truant minor.
(2) An individual taking a presumed truant minor into custody under Subsection (1) shall, without unnecessary delay, release the minor to:

(2)(a) the principal of the minor's school;
(2)(b) a person who has been designated by the local school board or charter school governing board to receive and return the minor to school; or
(2)(c) a truancy center established under Subsection (5).
(3) If the minor described in Subsection (2) refuses to return to school or go to the truancy center, the officer or administrator shall, without unnecessary delay, notify the minor's parents and release the minor to their custody.
(4) If the parents of a truant minor in custody cannot be reached or are unable or unwilling to accept custody and none of the options in Subsection (2) are available, the minor shall be referred to the Division of Child and Family Services.
(5) (5)(a) (5)(a)(i) A local school board or charter school governing board, singly or jointly with another school board, may establish or designate truancy centers within existing school buildings and staff the centers with existing teachers or staff to provide educational guidance and counseling for truant minors.
(5)(a)(ii) Upon receipt of a truant minor, the center shall, without unnecessary delay, notify and direct the minor's parents to come to the center, pick up the minor, and return the minor to the school in which the minor is enrolled.
(5)(b) (5)(b)(i) If the parents of a truant minor in custody cannot be reached or are unable or unwilling to comply with the request within a reasonable time, the center shall take such steps as are reasonably necessary to ensure the safety and well being of the minor, including, when appropriate, returning the minor to school or referring the minor to the Division of Child and Family Services.
(5)(b)(ii) A minor taken into custody under this section may not be placed in a detention center or other secure confinement facility.
(6) (6)(a) An individual taking action under this section shall report the action to the appropriate school district.
(6)(b) The district described in Subsection (6)(a) shall promptly notify the minor's parents of the action taken.
(7) The Utah Governmental Immunity Act applies to all actions taken under this section.
(8) Nothing in this section may be construed to grant authority to a public school administrator to place a minor in the custody of the Division of Child and Family Services, without complying with Title 80, Chapter 2, Child Welfare Services, Title 80, Chapter 2a, Removal and Protective Custody of a Child, and Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings.

Legislative History

Amended by Chapter 335, 2022 General Session