The Juvenile Court is a court of special jurisdiction and includes 28 full-time judges and one commissioner. Like the District Court, it is broken up into different districts based on Utah geography and services those living within the respective districts.
The Juvenile Court has exclusive original jurisdiction over youths, under 18 years of age, who violate any federal, state or municipal law, and any child who is abused, neglected or dependent. The court has the power to determine child custody, support and visitation in some circumstances; to permanently terminate parental rights, and to authorize or require treatment for mentally ill or retarded children. The court may also place children under the supervision of the court’s probation department; place children in the custody or care of foster homes, group homes, special treatment centers, or secure institutions. The Court works closely with the Office of Guardian ad Litem on cases involving abuse, neglect or dependency. The Court may also require children to pay fines or make restitution for damage or loss resulting from their delinquent acts. It also has jurisdiction over habitual truants, runaways and ungovernable youth if efforts by other social service agencies are not successful.
In addition, the Court has exclusive jurisdiction in traffic offenses involving minors related to automobile homicide, driving under the influence of alcohol or drugs, reckless driving, joy riding, and fleeing a police officer. It has concurrent jurisdiction with the District and Justice Courts over adults contributing to the delinquency and neglect of a minor.
There are certain factors which place a juvenile at higher risk of coming into contact with the Juvenile Court. These factors include:
• Parental Rejection
• Level of parent-child involvement
• Lack of parental supervision
• Stressful marital relations
• Parents criminal activity
• Authoritarian child rearing attitudes
• Harsh/lax/inconsistent discipline practices
• Low emotional attachment
• Low parental education and income
• Poor family functioning
• Poor monitoring and supervision

As a parent you can watch for signs that your child may be having problems. Signs to watch for are:

• Disregard for rules, responsibilities
• Refusal to go to school
• Drugs,
• Stealing or theft
• Emotionally unstable behavior

The Juvenile Court has exclusive jurisdiction over cases involving minors under 18 years of age who violate federal, state or local laws including boating or traffic offenses if the minor is less than 16 years of age. If the juvenile in question is a licensed driver and commits a traffic offense their case will be heard at the municipal court where the offense occurred.

The juvenile court has the authority to issue search warrants, subpoenas or investigative subpoenas in all criminal juvenile cases.

A juvenile court proceeding is initiated by the filing of a petition (charging document). A preliminary inquiry is performed by the probation department and filed with the court. The juvenile is then required to appear before the court for a delinquency hearing. Parents or legal guardians of the juvenile must be present at this hearing unless previously excused by the judge. If a parent or legal guarding does not appear then a Guardian ad litem will be appointed if the welfare of the juvenile is in question.

Although the charges may be criminal in nature the case shall be regarded as civil. What that means is that if convicted, the conviction is not considered a crime however prior juvenile convictions of theft, DUI, drugs and domestic violence can be used for the purpose of enhancements in subsequent cases.

Throughout the United States restorative justice programs are popping up offering offenders and victims an opportunity to heal. The idea of restorative justice is not new and has ancient roots in indigenous conflict resolution practices. It can be as simple as saying your sorry but is defined as a theory of justice that emphasizes repairing the harm caused or revealed by criminal behavior. It is best accomplished through a cooperative process which includes all the stakeholders such as the offender, victim and society.

There are three key principles of restorative justice: 1) restore those who have been injured, 2) participation by those who have been harmed, and 3) incorporation of the government’s role in preserving public order and the community’s role in maintaining peace. Within these three key principles are four key values furthered by restorative justice which include: 1) creating voluntary opportunities for offenders and victims to meet and discuss the aftermath of the event, 2) expecting offenders to repair the harm they have caused, 3) seeking to restore both the victim and offender to whole contributing members of society, and finally 4) providing opportunities for the parties to participate in resolution.

Utah has several restorative justice programs including a victim/offender mediation process and truancy mediation. All of these programs are strictly voluntary for both the offender and victim. Program goals include encouraging the offender to learn about the impact of their actions and to take responsibility for any harm caused. According to research, these types of programs have high satisfaction rates among victims and offenders, reduces victims fears and creates a greater liklihood the offender will complete restitution obligations and lowers recidivism rates. Ongoing studies suggest greater satisfaction rates for offenders and victims who participate in a restorative justice program as opposed to those who go through the traditional court process. Bottom line, offenders who participate in these types of programs have a better understanding of the harm they caused with greater empathy for their victims and as a result are less likely to re offend.