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2020 Utah Code
Title 78A - Judiciary and Judicial Administration
Chapter 6 - Juvenile Court Act
Part 1 - General Provisions
Section 120 - Continuing jurisdiction of juvenile court -- Period of and termination of jurisdiction -- Notice of discharge from custody of local mental health authority or Utah State Developmental Center -- Transfer of continuing jurisdiction to other district.
Universal Citation: UT Code § 78A-6-120 (2020)
Effective 5/12/2020
78A-6-120. Continuing jurisdiction of juvenile court -- Period of and termination of jurisdiction -- Notice of discharge from custody of local mental health authority or Utah State Developmental Center -- Transfer of continuing jurisdiction to other district.
Amended by Chapter 214, 2020 General Session
78A-6-120. Continuing jurisdiction of juvenile court -- Period of and termination of jurisdiction -- Notice of discharge from custody of local mental health authority or Utah State Developmental Center -- Transfer of continuing jurisdiction to other district.
- (1) Except as provided in Subsection (2), if the court retains jurisdiction over a minor's case under Section 78A-6-117, the court's jurisdiction over the minor's case continues until:
- (a) the minor is 21 years old; or
- (b) if the court extends jurisdiction over the minor's case until the minor is 25 years old under Section 78A-6-703.4, the minor is 25 years old.
- (2)
- (a) The court's continuing jurisdiction under Subsection (1) terminates:
- (i) upon order of the court;
- (ii) upon commitment to a secure facility;
- (iii) upon commencement of proceedings in adult cases under Section 78A-6-1001; or
- (iv) in accordance with Sections 62A-7-404 and 78A-6-117.
- (b) The continuing jurisdiction of the court over a minor's case is not terminated:
- (i) by marriage; or
- (ii) when a minor commits an offense under municipal, state, or federal law that is under the jurisdiction of another court and the minor is at least 18 years old at the time of the offense.
- (c) Notwithstanding Subsection (2)(a)(ii), the court retains jurisdiction to make and enforce orders related to restitution until the Youth Parole Authority discharges the minor.
- (a) The court's continuing jurisdiction under Subsection (1) terminates:
- (3) When a minor has been committed by the court to the physical custody of a local mental health authority or the local mental health authority's designee or to the Utah State Developmental Center, the local mental health authority or the local mental health authority's designee or the superintendent of the Utah State Developmental Center shall give the court written notice of the intention to discharge, release, or parole the minor not fewer than five days before the discharge, release, or parole.
- (4)
- (a) The court may transfer a case of a minor who is on probation or under protective supervision, or of a minor who is otherwise under the continuing jurisdiction of the court, to a court of another district, if the receiving court consents, or upon direction of the chair of the Board of Juvenile Court Judges.
- (b) The receiving court has the same powers with respect to the minor that the court would have if the proceedings originated in that court.
- (5) A minor shall undergo a validated risk and needs assessment within seven days of the day on which an order terminating jurisdiction is issued if:
- (a) the minor is adjudicated under Section 78A-6-117; and
- (b) the minor underwent a validated risk and needs assessment under Subsection 78A-6-117(1)(d).
Amended by Chapter 214, 2020 General Session
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