Terms Used In Utah Code 80-6-302

• Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102
• Arrest: Taking physical custody of a person by lawful authority.
• Board: means the Board of Juvenile Court Judges. See Utah Code 80-1-102
• Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
• committed: means , unless specified otherwise:

  (a)	with respect to a child, to transfer legal custody; and

  (b)

  with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. 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: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to: (a)  marriage; (b)  enlistment in the armed forces; (c)  major medical, surgical, or psychiatric treatment; or (d)  legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102 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. Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102: (a)  a child; or (b)  an individual: (i)  (A)  who is at least 18 years old and younger than 21 years old; and (B)  for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense; (ii)  (A)  who is at least 18 years old and younger than 25 years old; and (B)  whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or (iii)  (A)  who is at least 18 years old and younger than 21 years old; and (B)  whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102 Nonjudicial adjustment: means closure of the case by the assigned juvenile probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the consent in writing of: (a)  the assigned juvenile probation officer; and (b)  (i)  the minor; or (ii)  the minor and the minor's parent, guardian, or custodian. See Utah Code 80-1-102 Person: means :Utah Code 68-3-12.5 Probable cause: A reasonable ground for belief that the offender violated a specific law. Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecuting attorney: means : (a)  the attorney general and any assistant attorney general; (b)  any district attorney or deputy district attorney; (c)  any county attorney or assistant county attorney; and (d)  any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Statute: A law passed by a legislature. Supported: means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102 Temporary custody: means the control and responsibility of a minor, before an adjudication under Section 80-6-701, until the minor is released to a parent, guardian, responsible adult, or to an appropriate agency. See Utah Code 80-6-102 Victim: includes : (i)  any person directly harmed by the minor's wrongful act or conduct in the course of the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and (ii)  the Utah Office for Victims of Crime. See Utah Code 80-6-102 (a)  a violation of a wildlife law; (b)  a violation of a boating law; (c)  a class B or C misdemeanor or an infraction other than a misdemeanor or infraction: (i)  for a traffic violation; or (ii)  designated as a citable offense by general order of the Board of Juvenile Court Judges; (d)  a class B misdemeanor or infraction for a traffic violation where the individual is 15 years old or younger at the time the offense was alleged to have occurred; (e)  an infraction or misdemeanor designated as a citable offense by a general order of the Board of Juvenile Court Judges; or (f)  a violation of Subsection 76-10-105(2). (2)  Except as provided in Subsection (6) and Section 80-6-301, a citation for an offense listed in Subsection (1) shall be submitted to the juvenile court within five days of issuance to a minor. (3)  A copy of the citation shall contain: (a)  the name and address of the juvenile court before which the minor may be required to appear; (b)  the name of the minor cited; (c)  the statute or local ordinance that the minor is alleged to have violated; (d)  a brief description of the offense charged; (e)  the date, time, and location at which the offense is alleged to have occurred; (f)  the date the citation was issued; (g)  the name and badge or identification number of the peace officer or public official who issued the citation; (h)  the name of the arresting person if an arrest was made by a private party and the citation was issued in lieu of taking the minor into temporary custody as provided in Section 80-6-201; (i)  a statement that the minor and the minor’s parent or guardian are to appear when notified by the juvenile court; and (j)  the signature of the minor and the minor’s parent or guardian, if present, agreeing to appear at the juvenile court when notified by the court. (4)  A copy of the citation shall contain space for the following information to be entered if known: (a)  the minor’s address; (b)  the minor’s date of birth; (c)  the name and address of the child‘s custodial parent or guardian, if different from the child; and (d)  if there is a victim, the victim’s name, address, and an estimate of loss, except that this information shall be removed from the documents the minor receives. (5)  A citation received by the juvenile court beyond the time designated in Subsection (2) shall include a written explanation for the delay. (6)  An offense alleged to have been committed by an enrolled child on school property, or related to school attendance, may only be referred to the prosecuting attorney or the juvenile court in accordance with Section 53G-8-211. (7)  If a juvenile court receives a citation described in Subsection (1), a juvenile probation officer shall make a preliminary inquiry as to whether the minor is eligible for a nonjudicial adjustment in accordance with Subsection 80-6-303.5(4). (8)  (a)  Except as provided in Subsection (8)(b), if a citation is issued to a minor, a prosecuting attorney may commence a proceeding against a minor, without filing a petition, for an adjudication of the offense in the citation only if: (i)  the minor is not eligible for, or does not complete, a nonjudicial adjustment; and (ii)  the prosecuting attorney conducts an inquiry under Subsection (9). (b)  Except as provided in Subsection 80-6-305(2), a prosecuting attorney may not commence a proceeding against an individual for any offense listed in a citation alleged to have occurred before the individual was 12 years old. (9)  The prosecuting attorney shall conduct an inquiry to determine, upon reasonable belief, that: (a)  the charge listed in the citation is supported by probable cause; (b)  admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and (c)  the decision to charge is in the interests of justice. (10)  If a proceeding is commenced against a minor under Subsection (8)(a), the minor shall appear at the juvenile court at a date and time established by the juvenile court. (11)  If a minor willfully fails to appear before the juvenile court for a proceeding under Subsection (8)(a), the juvenile court may: (a)  find the minor in contempt of court; and (b)  proceed against the minor as provided in Section 78A-6-353. (12)  If a proceeding is commenced under this section, the minor may remit a fine without a personal appearance before the juvenile court with the consent of: (a)  the juvenile court; and (b)  if the minor is a child, the parent or guardian of the child cited. Amended by Chapter 161, 2023 General Session   Previous section Next section    Part 3 Contents