78A-6-104. Concurrent jurisdiction of the juvenile court — Transfer of a protective order.
| (1) |
Terms Used In Utah Code 78A-6-104- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- 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.
| (a) |
The juvenile court has jurisdiction, concurrent with the district court:
| (i) |
to establish paternity, or to order testing for purposes of establishing paternity, for a child in accordance with Title 78B, Chapter 15, Utah Uniform Parentage Act, when a proceeding is initiated under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights, that involves the child; |
| (ii) |
over a petition to modify a minor’s birth certificate if the juvenile court has jurisdiction over the minor’s case under Section 78A-6-103; and |
| (iii) |
over questions of custody, support, and parent-time of a minor if the juvenile court has jurisdiction over the minor’s case under Section 78A-6-103. |
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| (b) |
If the juvenile court obtains jurisdiction over a paternity action under Subsection (1)(a)(i), the juvenile court may:
| (i) |
retain jurisdiction over the paternity action until paternity of the child is adjudicated; or |
| (ii) |
transfer jurisdiction over the paternity action to the district court. |
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| (2) |
| (a) |
The juvenile court has jurisdiction, concurrent with the district court or the justice court otherwise having jurisdiction, over a criminal information filed under Part 4a, Adult Criminal Proceedings, for an adult alleged to have committed:
| (i) |
an offense under Section 32B-4-403, unlawful sale, offer for sale, or furnishing to a minor; |
| (ii) |
an offense under Section 53G-6-202, failure to comply with compulsory education requirements; |
| (iii) |
an offense under Section 80-2-609, failure to report; |
| (iv) |
a misdemeanor offense under Section 76-5-303, custodial interference; |
| (v) |
an offense under Section 76-10-2301, contributing to the delinquency of a minor; or |
| (vi) |
an offense under Section 80-5-601, harboring a runaway. |
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| (b) |
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). |
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| (3) |
| (a) |
When a support, custody, or parent-time award has been made by a district court in a divorce action or other proceeding, and the jurisdiction of the district court in the case is continuing, the juvenile court may acquire jurisdiction in a case involving the same child if the child comes within the jurisdiction of the juvenile court under Section 78A-6-103. |
| (b) |
| (i) |
The juvenile court may, by order, change the custody subject to Subsection 30-3-10(6), support, parent-time, and visitation rights previously ordered in the district court as necessary to implement the order of the juvenile court for the safety and welfare of the child. |
| (ii) |
An order by the juvenile court under Subsection (3)(b)(i) remains in effect so long as the juvenile court continues to exercise jurisdiction. |
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| (c) |
If a copy of the findings and order of the juvenile court under this Subsection (3) are filed with the district court, the findings and order of the juvenile court are binding on the parties to the divorce action as though entered in the district court. |
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| (4) |
This section does not deprive the district court of jurisdiction to:
| (a) |
appoint a guardian for a child; |
| (b) |
determine the support, custody, and parent-time of a child upon writ of habeas corpus; or |
| (c) |
determine a question of support, custody, and parent-time that is incidental to the determination of an action in the district court. |
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| (5) |
A juvenile court may transfer a petition for a protective order for a child to the district court if the juvenile court has entered an ex parte protective order and finds that:
| (a) |
the petitioner and the respondent are the natural parent, adoptive parent, or step parent of the child who is the object of the petition; |
| (c) |
the best interests of the child will be better served in the district court. |
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Amended by Chapter 335, 2022 General Session
