2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 6 - Juvenile Court › Part 1 - General Provisions › Section 103 - Original jurisdiction of the juvenile court -- Magistrate functions -- Findings -- Transfer of a case from another court.

Effective 10/1/2023
78A-6-103.
Original jurisdiction of the juvenile court -- Magistrate functions -- Findings -- Transfer of a case from another court.
(1) Except as otherwise provided by Sections 78A-5-102.5 and 78A-7-106, the juvenile court has original jurisdiction over:
(a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal, state, or federal law, that was committed by a child;
(b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal, state, or federal law, that was committed by an individual:
(i) who is under 21 years old at the time of all court proceedings; and
(ii) who was under 18 years old at the time the offense was committed; and
(c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state law, that was committed:
(i) by an individual:
(A) who was 18 years old and enrolled in high school at the time of the offense; and
(B) who is under 21 years old at the time of all court proceedings; and
(ii) on school property where the individual was enrolled:
(A) when school was in session; or
(B) during a school-sponsored activity, as defined in Subsection Section 53G-8-211.
(2) The juvenile court has original jurisdiction over:
(a) any proceeding concerning:
(i) a child who is an abused child, neglected child, or dependent child;
(ii) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, Child Protective Orders;
(iii) the appointment of a guardian of the individual or other guardian of a minor who comes within the court's jurisdiction under other provisions of this section;
(iv) the emancipation of a minor in accordance with Title 80, Chapter 7, Emancipation;
(v) the termination of parental rights in accordance with Title 80, Chapter 4, Termination and Restoration of Parental Rights, including termination of residual parental rights and duties;
(vi) the treatment or commitment of a minor who has an intellectual disability;
(vii) the judicial consent to the marriage of a minor who is 16 or 17 years old in accordance with Section 30-1-9;
(viii) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
(ix) a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
(x) the treatment or commitment of a child with a mental illness;
(xi) the commitment of a child to a secure drug or alcohol facility in accordance with Section 26B-5-204;
(xii) a minor found not competent to proceed in accordance with Title 80, Chapter 6, Part 4, Competency;
(xiii) de novo review of final agency actions resulting from an informal adjudicative proceeding as provided in Section 63G-4-402;
(xiv) adoptions conducted in accordance with the procedures described in Title 78B, Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered an order terminating the rights of a parent and finds that adoption is in the best interest of the child;
(xv) an ungovernable or runaway child who is referred to the juvenile court by the Division of Juvenile Justice and Youth Services if, despite earnest and persistent efforts by the Division of Juvenile Justice and Youth Services, the child has demonstrated that the child:
(A) is beyond the control of the child's parent, guardian, or custodian to the extent that the child's behavior or condition endangers the child's own welfare or the welfare of others; or
(B) has run away from home; and
(xvi) a criminal information filed under Part 4a, Adult Criminal Proceedings, for an adult alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to comply with a promise to appear and bring a child to the juvenile court;
(b) a petition for expungement under Title 80, Chapter 6, Part 10, Juvenile Records and Expungement; and
(c) the extension of a nonjudicial adjustment under Section 80-6-304.
(3) The juvenile court has original jurisdiction over a petition for special findings under Section 80-3-505.
(4) It is not necessary for a minor to be adjudicated for an offense or violation of the law under Section 80-6-701 for the juvenile court to exercise jurisdiction under Subsection (2)(a)(xvi), (b), or (c).
(5) This section does not restrict the right of access to the juvenile court by private agencies or other persons.
(6) The juvenile court has jurisdiction of all magistrate functions relative to cases arising under Title 80, Chapter 6, Part 5, Transfer to District Court.
(7) The juvenile court has jurisdiction to make a finding of substantiated, unsubstantiated, or without merit, in accordance with Section 80-3-404.
(8) The juvenile court has jurisdiction over matters transferred to the juvenile court by another trial court in accordance with Subsection 78A-7-106(4) and Section 80-6-303.
Amended by Chapter 115, 2023 General Session
Amended by Chapter 161, 2023 General Session
Amended by Chapter 264, 2023 General Session
Amended by Chapter 330, 2023 General Session