| (1) |
A minor may serve in a youth court, under the supervision of an adult coordinator, in various capacities within the courtroom, acting in the role of jurors, lawyers, bailiffs, clerks, and judges.
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Terms Used In Utah Code 80-6-902- Adult: means an individual who is 18 years old or older. See Utah Code 80-6-901
- Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-6-102
- Board: means the Board of Juvenile Court Judges. 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- Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section 80-3-405 or 80-4-305 or 7. See Utah Code 80-1-102
- 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:
| (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 an individual who is:
| (a) | under 18 years old; or |
| (b) | 18 years old and still attending high school. See Utah Code 80-6-901- Minor offense: means any unlawful act that is a status offense or an offense that would be a misdemeanor, infraction, or violation of a municipal or county ordinance if committed by an adult. See Utah Code 80-6-901
- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. 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- Referral: means a formal referral, a referral to the juvenile court under Section 53G-8-211, or a citation issued to a minor for which the juvenile court receives notice under Section 80-6-302. 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- Writing: includes :Utah Code 68-3-12.5
- Youth court: means a diversion program that is an alternative disposition for cases involving minors who have committed minor offenses. See Utah Code 80-6-901
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| (a) |
A minor who appears before a youth court has been identified by law enforcement personnel, school officials, a prosecuting attorney, or the juvenile court as having committed an act, including a minor offense or eligible offense under Section 53G-8-211, that indicates a need for intervention to prevent further development toward juvenile delinquency, but which appear to be acts that can be appropriately addressed outside the juvenile court process. |
| (b) |
A youth court may only hear cases as provided for in this part. |
| (c) |
A youth court is not a court established under the Utah Constitution, Article VIII. |
|
| (2) |
A youth court may not accept referrals from law enforcement, schools, prosecuting attorneys, or a juvenile court unless the youth court is certified by the Youth Court Board. |
| (3) |
| (a) |
Any person may refer a minor to a youth court for a minor offense or for any other eligible offense under Section 53G-8-211. |
| (b) |
Once a referral is made, the case shall be screened by an adult coordinator to determine whether the minor offense or other eligible offense qualifies as a youth court case. |
|
| (4) |
A youth court has authority over a minor:
| (a) |
referred for one or more minor offenses or who are referred for other eligible offenses under Section 53G-8-211, or who are granted permission for referral under this part; |
| (b) |
who, along with a parent, guardian, or custodian, voluntarily and in writing, request youth court involvement; and |
| (c) |
who, along with a parent, guardian, or custodian, agree to follow the youth court’s disposition of the case. |
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| (5) |
| (a) |
Except with permission granted under Subsection (6), or in accordance with Section 53G-8-211, a youth court may not exercise authority over a minor whose case is under the continuing jurisdiction of the juvenile court for an offense, including any minor who has a matter pending that has not yet been adjudicated. |
| (b) |
Notwithstanding Subsection (5)(a), a youth court may exercise authority over a minor who is involved in a proceeding under the continuing jurisdiction of the juvenile court if the offense before the youth court is not a law violation and the referring agency has notified the juvenile court of the referral. |
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| (6) |
A youth court may exercise authority over a minor described in Subsection (5), and over any other offense with the permission of the juvenile court and the prosecuting attorney in the county or district that would have jurisdiction if the matter were referred to juvenile court. |
| (7) |
Permission of the juvenile court may be granted by a juvenile probation officer in the district that would have jurisdiction over the offense being referred to a youth court. |
| (8) |
A youth court may:
| (a) |
decline to accept a minor for youth court disposition for any reason; and |
| (b) |
terminate a youth from youth court participation at any time. |
|
| (9) |
| (a) |
A minor, or the minor’s parent, guardian, or custodian may withdraw from the youth court process at any time. |
| (b) |
The youth court shall immediately notify the referring source of the withdrawal. |
|
| (10) |
The youth court may transfer a case back to the referring source for alternative handling at any time. |
| (11) |
Referral of a case to youth court may not, if otherwise eligible, prohibit the subsequent referral of the case to any court. |
| (12) |
Proceedings and dispositions of a youth court may only be shared with the referring agency, juvenile court, and victim. |
| (13) |
When a minor does not complete the terms ordered by a youth court, and if the case is referred to a juvenile court, the youth court shall provide the case file to the juvenile court. |
Renumbered and Amended by Chapter 261, 2021 General Session
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