78A-6-103 - Jurisdiction of juvenile court -- Original -- Exclusive.
78A-6-103. Jurisdiction of juvenile court -- Original -- Exclusive.
(1) Except as otherwise provided by law, the juvenile court has exclusive originaljurisdiction in proceedings concerning:
(a) a child who has violated any federal, state, or local law or municipal ordinance or aperson younger than 21 years of age who has violated any law or ordinance before becoming 18years of age, regardless of where the violation occurred, excluding offenses in Subsection78A-7-106(2);
(b) a person 21 years of age or older who has failed or refused to comply with an order ofthe juvenile court to pay a fine or restitution, if the order was imposed prior to the person's 21stbirthday; however, the continuing jurisdiction is limited to causing compliance with existingorders;
(c) a child who is an abused child, neglected child, or dependent child, as those terms aredefined in Section 78A-6-105;
(d) a protective order for a child pursuant to the provisions of Title 78B, Chapter 7, Part2, Child Protective Orders, which the juvenile court may transfer to the district court if thejuvenile court has entered an ex parte protective order and finds that:
(i) the petitioner and the respondent are the natural parent, adoptive parent, or step parentof the child who is the object of the petition;
(ii) the district court has a petition pending or an order related to custody or parent-timeentered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act,or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the petitioner and therespondent are parties; and
(iii) the best interests of the child will be better served in the district court;
(e) appointment of a guardian of the person or other guardian of a minor who comeswithin the court's jurisdiction under other provisions of this section;
(f) the emancipation of a minor in accordance with Part 8, Emancipation;
(g) the termination of the legal parent-child relationship in accordance with Part 5,Termination of Parental Rights Act, including termination of residual parental rights and duties;
(h) the treatment or commitment of a mentally retarded minor;
(i) a minor who is a habitual truant from school;
(j) the judicial consent to the marriage of a child under age 16 upon a determination ofvoluntariness or where otherwise required by law, employment, or enlistment of a child whenconsent is required by law;
(k) any parent or parents of a child committed to a secure youth corrections facility, toorder, at the discretion of the court and on the recommendation of a secure facility, the parent orparents of a child committed to a secure facility for a custodial term, to undergo grouprehabilitation therapy under the direction of a secure facility therapist, who has supervision ofthat parent's or parents' child, or any other therapist the court may direct, for a period directed bythe court as recommended by a secure facility;
(l) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
(m) the treatment or commitment of a mentally ill child. The court may commit a childto the physical custody of a local mental health authority in accordance with the procedures andrequirements of Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age 18 toDivision of Substance Abuse and Mental Health, but not directly to the Utah State Hospital;
(n) the commitment of a child in accordance with Section 62A-15-301;
(o) de novo review of final agency actions resulting from an informal adjudicativeproceeding as provided in Section 63G-4-402; and
(p) adoptions conducted in accordance with the procedures described in Title 78B,Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an orderterminating the rights of a parent and finds that adoption is in the best interest of the child.
(2) Notwithstanding Section 78A-7-106 and Subsection 78A-5-102(9), the juvenile courthas exclusive jurisdiction over the following offenses committed by a child:
(a) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
(b) Section 73-18-12, reckless operation; and
(c) class B and C misdemeanors, infractions, or violations of ordinances that are part of asingle criminal episode filed in a petition that contains an offense over which the court hasjurisdiction.
(3) The juvenile court has jurisdiction over an ungovernable or runaway child who isreferred to it by the Division of Child and Family Services or by public or private agencies thatcontract with the division to provide services to that child where, despite earnest and persistentefforts by the division or agency, the child has demonstrated that the child:
(a) is beyond the control of the child's parent, guardian, lawful custodian, or schoolauthorities to the extent that the child's behavior or condition endangers the child's own welfareor the welfare of others; or
(b) has run away from home.
(4) This section does not restrict the right of access to the juvenile court by privateagencies or other persons.
(5) The juvenile court has jurisdiction of all magistrate functions relative to cases arisingunder Section 78A-6-702.
(6) The juvenile court has jurisdiction to make a finding of substantiated,unsubstantiated, or without merit, in accordance with Section 78A-6-323.
(7) The juvenile court has jurisdiction of matters transferred to it by another trial courtpursuant to Subsection 78A-7-106(7).
Amended by Chapter 146, 2009 General Session