Title 75E, Criminal and Juvenile Justice Administration

75E-10-406. Application and qualification for fund money. (1) A participating county may apply to the office for benefits from the fund if that county has incurred, or reasonably anticipates incurring, expenses for indigent defense services provided to an indigent individual for …

75E-10-501. Definitions for part. As used in this part: (1) "Contracted parental representation attorney" means an attorney who represents an indigent individual who is a parent in a child welfare case under a contract with the office or a contributing county. (2) "Contributing c…

75E-10-502. Child Welfare Parental Representation Program -- Creation -- Duties -- Annual report -- Budget. (1) There is created within the office the Child Welfare Parental Representation Program. (2) The office shall: (a) administer and enforce the program in accordance with th…

75E-10-503. Child welfare parental defense contracts. (1)(a) The office may enter into a contract with an attorney to provide indigent defense services for a parent who is the subject of a petition alleging abuse, neglect, or dependency, and requires indigent defense services und…

75E-10-504. Child Welfare Parental Representation Fund -- Contracts for coverage by the fund. (1) There is created an expendable special revenue fund known as the "Child Welfare Parental Representation Fund." (2) Subject to availability, the office may make distributions from the…

75E-10-505. Interdisciplinary Parental Representation Pilot Program. -- Employment restriction. (1) As used in this section: (a) "Parental representation liaison" means an individual who has a bachelor's or graduate degree in social work, sociology, psychology, human services, or…

75E-10-601. Definitions for part. As used in this part: (1)(a) "Appellate defense services" means the representation of an indigent individual: (i) described in Subsection 78B-22-201(1)(d) or who is party to an appeal under Section 77-18a-1; (ii) in an action or on appeal for pos…

75E-10-602. Indigent Appellate Defense Division. There is created the Indigent Appellate Defense Division within the office.

75E-10-603. Chief appellate officer -- Qualifications -- Staff -- Duties. (1)(a) After consulting with the commission, the executive director shall appoint a chief appellate officer. (b) When appointing the chief appellate officer, the executive director shall give preference to …

75E-10-604. Powers and duties of the division. (1) The division shall: (a) provide appellate defense services: (i) for an appeal under Section 77-18a-1, in eligible counties; (ii) for an action or an appeal for postconviction relief under Title 78B, Chapter 9, Postconviction Reme…

75E-10-701. Definitions for part. As used in this part: (1) "Fund" means the Youth Defense Fund created in Section 75E-10-702. (2) "Participating county" means a county that complies with this part for participation in the fund.

75E-10-702. Establishment of Youth Defense Fund -- Use of fund -- Compensation from fund. (1) There is established a custodial fund known as the Youth Defense Fund. (2) The fund consists of: (a) money received from participating counties as described in Section 75E-10-704; (b) ap…

75E-10-703. Administration of Youth Defense Fund. (1) The commission shall establish rules and procedures for the application by a county for participation in the fund. (2) The office shall: (a) receive, screen, and approve or disapprove the application of a county seeking to par…

75E-10-704. County participation in the Youth Defense Fund. (1) A county may participate in the fund in accordance with the provisions of this section. (2) A county that does not participate in the fund, or is not current in the county's assessments for the fund, is ineligible to…

75E-11-101. Definitions for chapter. As used in this chapter: (1) "Abuse" means: (a) "abuse" as that term is defined in Section 76-5-111 or 80-1-102; or (b) child abuse, as described in Section 76-5-109. (2) "Actual address" means the residential street address of the program par…

75E-11-101. Definitions for chapter. As used in this chapter: (1) "Abuse" means: (a) "abuse" as that term is defined in Section 76-5-111 or 80-1-102; or (b) child abuse, as described in Section 76-5-109. (2) "Actual address" means the residential street address of the program par…

75E-11-102. Creation -- Department responsibilities -- Rulemaking -- Retention and destruction of records. (1) There is created the Safe at Home Program within the department. (2) Under the program, the department shall: (a) designate, train, and manage program assistants; (b) de…

75E-11-201. Definitions for part. As used in this part, "account" means the Safe at Home Program Restricted Account created in Section 75E-11-202.

75E-11-202. Safe at Home Program Restricted Account -- Report. (1) There is created a restricted account in the General Fund known as the "Safe at Home Program Restricted Account." (2) The account shall be funded by: (a) private contributions; (b) gifts, donations, or grants from…

75E-11-301. Definitions for part. Reserved.

75E-11-302. Eligibility. (1) An applicant is eligible to participate in the program if the applicant attests that the applicant: (a) is a resident of this state; (b)(i) is a victim; (ii) is a parent or a guardian of an individual who: (A) is a victim; and (B) resides at the same …

75E-11-303. Designation of program assistants. (1) The department may designate as a program assistant, an individual that: (a)(i) is an employee of the commission or a state or local government entity; or (ii) is a volunteer for an organization that provides counseling, assistan…

75E-11-304. Administration -- Application. (1) The department shall provide an application form to an applicant who seeks to participate in the program under this part. (2) The department may not charge an applicant or program participant for an application or participation fee t…

75E-11-305. Enrollment of a program participant. (1)(a) Within five business days after the day on which the department grants enrollment to a program participant, the department shall issue the program participant: (i) an assigned address; (ii) an authorization card; and (iii) a…

75E-11-306. Use of assigned address -- Release of information. (1) The department shall forward all mail that the office receives at the assigned address for a program participant to the program participant's actual address. (2) The department shall provide, at the request of a p…

75E-11-307. Use of assigned address -- Confidentiality. (1) A program participant may use the assigned address provided to the program participant to receive mail as provided in Subsection 75E-11-102(2). (2)(a) A state or local government entity may not refuse to use a program pa…

75E-11-308. Disclosure of actual address prohibited. (1)(a) The department may not disclose a program participant's actual address, unless: (i) required by a court order; or (ii) the department grants a request from a state or local government entity under Section 75E-11-311. (b)…

75E-11-309. Change of name, address, or telephone number. (1) A program participant shall notify the department no later than 30 days after the day on which the program participant obtains a legal name change, by providing the department with a certified copy of a judgment or ord…

75E-11-310. Address use by state or local government entities. (1) Except as otherwise provided in Subsection (7), a program participant is responsible for requesting that a state or local government entity use the program participant's assigned address as the program participant…

75E-11-311. Request for disclosure. (1) A state or local government entity requesting disclosure of a program participant's actual address in accordance with this section shall make the request: (a) in writing; (b) on the state or local government entity's letterhead; and (c) wit…

75E-11-312. Request for disclosure by law enforcement. (1) The department shall establish a process to expedite a request submitted by a law enforcement officer or agency for the disclosure of information regarding a program participant who is involved in a criminal proceeding or…

75E-11-313. Service of process at the assigned address. (1) In accordance with the Utah Rules of Civil Procedure, Rule 4, the department is the agent authorized to receive process for a program participant. (2) In accordance with the Utah Rules of Civil Procedure, Rule 5, the las…

75E-11-314. Participation in the program -- Orders in relation to allocation of custody or parent-time. (1) A court may not consider a parent's participation in the program for the purpose of making an order allocating custody or parent-time under Title 81, Chapter 9, Custody, Pa…

75E-11-315. Disclosure of address or identifiable information in a judicial or administrative proceeding. (1) A program participant may submit the program participant's actual address to the court as a safeguarded record in accordance with the Utah Code of Judicial Administration…

75E-11-316. Cancellation of enrollment -- Records. (1) The department shall cancel a program participant's enrollment in the program if: (a) the program participant submits to the department a written request to withdraw from enrollment in accordance with Section 75E-11-305; (b) …

75E-11-317. Immunity from suit. (1) A program assistant, or a program assistant's employer, is immune from liability in a civil action or proceeding involving the performance or nonperformance of a duty under this chapter, unless: (a) the performance or nonperformance of a progra…