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Show THE DAILY fOUR PACK J RECORD ; WEDNESDAY, NOVEMBER 7, 117! f In Tiie Supreme Court Of The State Of Utah The claim of the appellant that he has a constitutional right to bail is not well founded. By statute the proceedings in the Juvenile Court in connection with children are civil in nature and not criminal. The only exception is for traffic offenses. The Juvenile Courts exist for the purpose of aiding The Juvenile Courts look out for the physical, , children and not punishing them. mental, and moral welfare of delinquent children as well as for the protection of society against mischievous and destructive acts of delinquent children. Donald R. , a Person under 18 years of age, Plaintiff and Appellant, v. No. 13338 Judge Judith Whitmer, Judge of the Second District Juvenile Court, in and for Salt Lake County, State of Utah; and James Walker, Superintendent, Salt Lake County Juvenile Detention Facility, Defendants and Respondents, To release a delinquent child on bail when his welfare requires superwould defeat the very purposes of the act. vision FILED October 29, 1973 Our statute denies bail to a delinquent child. ; L. M. Cummings, Clerk (5) Provisions of law regarding bail shall not be applicable to children detained or taken into custody under this act, except that bail may be allowed when a child who need not be detained lives outside this state. ELLETT. Justice: Donald R., a minor under 18 years of age, was accused in the Juvenile the violation of various state statutes. To those accusations he with Court entered pleas of not guilty and demanded to be released on bail. After an evidentiary hearing a judge of the Juvenile Court refused to release Donald to go at large. He then filed a petition in the District Court seeking his release on a writ of habeas corpus. The trial judge dismissed. the petition on the ground that the District Court was not the proper forum to consider the petition. The District Court has power to hear petitions for habeas corpus by virtue of the Utah Constitution except in those matters prohibited by the Consti1 tution or by statute. Our Constitution provides: It reads: The section of our Constitution proscribing excessive bail has applicato criminal cases, where a presumption of innocence prevails, and does tion not apply to the proceedings in Juvenile Courts where incorrigible or delinquent children are being trained and their habits corrected. The general law is set forth in 47 Am. Jur. 2d, Juvenile Courts, Etc. , Sec. 36, as follows: 9 On the ground that juvenile court proceedings are civil and hot criminal, it has generally been held that constitutional The Judicial power of the State shall be vested in the Senate dissitting as a court of impeachment, in a Supreme Court, in incourts and other such trict courts, in justices of the peace, ferior to the Supreme Court as may be established by law. statutory provisions regarding bail have application to ' no ajndi proceedings. The petition did not state grounds for the issuance of a writ of habeas corpus, and the order dismissing it is affirmed. No costs are awarded. The Juvenile Court System was established in Utah by Chapter 165, and was given exclusive jurisdiction over delinquent Laws of Utah 1965, children. The statute provides for appeals to the Supreme Court. The trial not filed a petition in judge refused to take jurisdiction because Donald had of habeas a on writ corpus nor had he the Juvenile Court requesting release appealed to the Supreme Court from the denial o$ bail. WE CONCUR: E. R. Callister, statutory court has only the powers specifically granted to it by theact and such other powers as are necessarily implied to carry out its specified functions. It does not appear that the power to issue writs of habeas think corpus was given by the statute to the Juvenile Court. We, therefore, to a could writ issue of state this that in a proper case the District Courts an as without appellate acting determine the legality of the detention of a child court in reversing or amending the order made by the Juvenile Court. Jr., Chief Justice A . F. Henri Henriod, Justice The Juvenile Court does have continuing jurisdiction to modify an order made or to terminate it during the minority of a child when a change ' of circumstances warrants it. 1. Article VIII, Sec. 7. 2. Article VIII, Sec. 1. 3. Title 55, Chapter 10, U.C.A. 1953 (1973 Pocket Supplement). . U.C.A. 1953 (1973 Pocket Supplement). 4. Sec. 55-10-1- Crockett, Justice j R. L. Tuckett, Justice Sec. 6. Sec. U.C.A. U.C.A. 5. 55-10-- 7. Article I, Sec. 9. 8. 5 C.J.S. Appeal and 1953 (1973 Pocket Supplement). 1953 (1973 Pocket Supplement). Error 1464(1). . Statements Financing I. - Guy Guluts, 105 N. 300 to Bntfl E. Fidelity Ind. Cr, - Barbara Carlson, 3974 W. 4865 S. Taylorsville to Cent. Fin. Co; hhg 160 178 Co; hhg 161 - Crawford, Gary and Julie 380 V. 1000 N. Bntfl to Fidelity Ind. Cr. Co; hhg - 162 Doug Ave. SLC SLC - to Beneficial Fin. Co; pital Fin. Ser; hhg 181 - Robert and June Jaterka 4932 S. 4015 U. Kearns to Capital Fin. Ser; hhg Seymour, 4485 W. 5375 S. Kearns to Moore Cycle Rodney Center; motorcycle 182 - Steven and Shirley Colby 13 Sandy 705 S. Redwood Rd. - Jaes O'Malley, 3726 V. 3830 S. 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