(1) Except as provided in Subsection (3), the juvenile court has original jurisdiction over:

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Terms Used In Utah Code 78A-6-103

  • Adjudicative proceeding: means :
         (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
         (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
  • Dependent: A person dependent for support upon another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:
         (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
         (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:
         (16)(a) exists concurrently with deficits in adaptive behavior; and
         (16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
     (1)(a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal, state, or federal law, that was committed by a child;
     (1)(b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal, state, or federal law, that was committed by an individual:

          (1)(b)(i) who is under 21 years old at the time of all court proceedings; and
          (1)(b)(ii) who was under 18 years old at the time the offense was committed; and
     (1)(c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state law, that was committed:

          (1)(c)(i) by an individual:

               (1)(c)(i)(A) who was 18 years old and enrolled in high school at the time of the offense; and
               (1)(c)(i)(B) who is under 21 years old at the time of all court proceedings; and
          (1)(c)(ii) on school property where the individual was enrolled:

               (1)(c)(ii)(A) when school was in session; or
               (1)(c)(ii)(B) during a school-sponsored activity, as defined in Section 53G-8-211.
(2) The juvenile court has original jurisdiction over:

     (2)(a) any proceeding concerning:

          (2)(a)(i) a child who is an abused child, neglected child, or dependent child;
          (2)(a)(ii) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, Child Protective Orders;
          (2)(a)(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;
          (2)(a)(iv) the emancipation of a minor in accordance with Title 80, Chapter 7, Emancipation;
          (2)(a)(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;
          (2)(a)(vi) the treatment or commitment of a minor who has an intellectual disability;
          (2)(a)(vii) the judicial consent to the marriage of a minor who is 16 or 17 years old in accordance with Section 30-1-9;
          (2)(a)(viii) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
          (2)(a)(ix) a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
          (2)(a)(x) the treatment or commitment of a child with a mental illness;
          (2)(a)(xi) the commitment of a child to a secure drug or alcohol facility in accordance with Section 26B-5-204;
          (2)(a)(xii) a minor found not competent to proceed in accordance with Title 80, Chapter 6, Part 4, Competency;
          (2)(a)(xiii) de novo review of final agency actions resulting from an informal adjudicative proceeding as provided in Section 63G-4-402;
          (2)(a)(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;
          (2)(a)(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:

               (2)(a)(xv)(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
               (2)(a)(xv)(B) has run away from home; and
          (2)(a)(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;
     (2)(b) a petition for expungement under Title 80, Chapter 6, Part 10, Juvenile Records and Expungement;
     (2)(c) the extension of a nonjudicial adjustment under Section 80-6-304;
     (2)(d) a petition for special findings under Section 80-3-305; and
     (2)(e) a referral of a minor for being a habitual truant as defined in Section 53G-8-211.
(3) The juvenile court does not have original jurisdiction over an offense committed by a minor as described in Subsection (1) if:

     (3)(a) the district court has original jurisdiction over the offense under Section 78A-5-102.5;
     (3)(b) the district court has original jurisdiction over the offense under Subsection 78A-5-102(8), unless the juvenile court has exclusive jurisdiction over the offense under Section 78A-6-103.5; or
     (3)(c) the justice court has original jurisdiction over the offense under Subsection 78A-7-106(2), unless the juvenile court has exclusive jurisdiction over the offense under Section 78A-6-103.5.
(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(6) and Section 80-6-303.
(9) The juvenile court has jurisdiction to enforce foreign protection orders as described in Subsection 78B-7-303(8).

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