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Show DAILY THE PAGE SIX MONDAY, DECEMBER 14, 1970 RECORD ANSWERS : Release Pending 2357 - 192 etal Corp Frank 588 Gilroy to Peter K etal 137 723 75U M 193 Lowe to Reams Bk Niels Holmquist Parker Holmquist George Ramola Elder Electric Williams etux Co to Robert to Kan S Darwin Still-na- n 200 etal Sav 2358 etux to Wigenan & etux to Sav Am G Hontrone etux to In; $6766.20 T to Con so Cap frank Sav St Am Coop Er Fed Cr; $5000. Larry D Mitchell to Sportsmens Inv; $8500. 236 Park Brocbank etal to Wayne Bryant Seville tux; $10. 239 B William S Higham III etux to LC Firemens Cr; $6570.63 240 facility S - it Workman's Compensation Laws. to place Second Mortages 2357 programs 2. a the Juvenile Court is given authority ranch, in a forestry camp or similar or encourage work Ann. no authority is statutorily dele- Although child cn a (Utah Code (55-10-100(- 8)), the Juvenile Court to promulgate mandatory participation in the work programs with respect to municipalities and counties. Said municipalities and counties are not parties to Juvenile Court proceedings with a resulting order that juveniles are to participate in a work program and, as a result, the Court has no jurisdiction to compel acceptance of juveniles in various work projects; gated empowering In reference to Utah Code Ann. it should be noted that the language contained therein, to wit: "Every county . . . shall render all assistance and cooperation within 55-10-1- d0 Wes Home d3 Ditto; Bldrs to Jackson ConktJ $2170.71 ..." 097 Franklin Theodore Hoskins etux to dive J Cooper etux; $1288.48 912 Hilary X Bertagnole to Robert Bertagnole; $5000. 2358 19, their jurisdiction and power to further the objects of this (emphasis added) impliedly connotes a mandatory act, $2170.71 B Workman's is the conclusion of this office that in any contract in the nature of a voluntary between the contracting parties renders the arrangements question of whether or not a juvenile working in a work program pursuant to an order of the juvenile court a question that must be answered in the negative and, therefore, said juveniles would not fall within the purview of Utah's the absence of In; Kiesig etux to L virtue of the definitional section of the Thus, Am $7669.44 227 opinion. it - 201 See it In; $1718.88 T Doman Ralph Sgv Mortgages Am Rale etux to An Sav In; $3494.16 St Life Assu to C Van & Edward 199 3. 35-1-- 43, In; $4602.24 St The Bowery Sav Bk Eq Verl 198 Larson etux 755 Robert Sav Am Yes. Compensation Chapter of the Utah Code Ann. the term "employee" necessitates a person under a contract of hire. The difficulty in determining whether a juvenile engaged in a work program pursuant to a Court order is eligible for workman's compensation directly due to the absence of any contract for hire. Although the aforementioned statute includes in its definitions of contract for hire an express or implied contract and although may be reasonably construed that a court order may be an implied is the opinion of this office that said contract, court order falls short of the true nature of a contract wherein both parties are mutually agreeing to act under the terms of a contract, whereas a court order is not a mutual contract but is in the nature of a unilateral command by the court for the municipalities participating to obey said order of the court by hiring these juveniles. Ditto 197 M Clark etux to E By Am In; $6766.20 & 196 Philip Hsnrlckson etux to In; $2706.60 M lalvln 195 to Dee St & 2. opinion. Qiterlngton etux to In; $7669.44 Robert Jack 194 See Am $4276.20 An Sav Sav Ziona 1st Nat Plata etal 972 Barrios Th In; & etux to L Anderson Douglas Sav Rwi Klnnersley to 518 2358 Mortgages 1. - requirement on the part of the county to comply. Later language, however, within the same statute, modifies the implied mandate . . seek the by merely authorizing the Juvenile Court to cooperation of all agencies and organizations, public or private, whose object is the protection or aid of children." For these reasons the conclusion is that municipalities and counties may refuse to accept juvenile probationers in work programs. 336 Theodore P Hess etux to Douglas burton etux; $1795. 381 Earvin 532 James Bo shard etux toCDP Cr Asso; $6000. L Hendrickson etux to McGhie Land Title Tr; $2040. 734 Raymond Brown Homer Porter 747 Glattll to Den etux; $1500. Bros RLty Brewer; $3125. to Faireoough Utah Code Ann. empowers the Juvenile Court to ". . .make an order setting forth reasonable conditions to be complied with by the parents, . . support of a decree under Therefore, in answer to the question of whether the Juvenile Court may order parents to pay the nominal cost of a group insurance premium, the Court had to have proceeded under If compliance with the aforementioned statutes occurs, the answer to Question three is yes. Assuming parental rights have not been terminated, Utah Code Ann. & is inapplicable due to the fact that legal custody must be vested in some other third person other than 3. (13) ."in 55-10-- 77. 55-10-- 77. 55-10-- 110 the child's parents, according to said statute, before the may enter a support order against the parents. a if child is placed upon a work program after parentalConversely, rights and custody have been terminated, then and only then would the Court be empowered to order the payment of insurance premiums by the parents, unless a proceeding was brought pursuant to Court Attorney General Opinion OPINION NO. 70-0- 67 and (13) December 9, 1970 55-10-- 77. Dated this REQUESTED BY: Arthur G. Q day of v RESPECTFULLY Christean, Administrator . Li . , lgr'y-- - . SUBMITTED, Juvenile Court PREPARED BY: Vernon B. Romney, Attorney General Kent T. Yano, Assistant Attorney General QUESTIONS: 1. What is the status of a engaging in a work program or fulfilling a work requirement pursuant to an order of the juvenile court in relation to the Workman's Compensation Laws of the State of Utah? counties in 2. Can municipalities the State refuse to allow juvenile probationers to participate- in work programs pursuant to a Juvenile Court order on the grounds that the State must provide some release of liability in the event of accident or injury while the juveniles are engaged in such programs? and - Juvenile Court order parents to pay the nominal cost of a group insurance premium to provide basic medical assistance coverage while their children arc on probation and or are engaging in work programs? 3. Can the VERNON juvenile B. ROMNEY Attorney General In The Supreme Court Of The State Of Utah James Kier. Plaintiff and Respondent. v. Andrew O. Condrack and Delma M. Condrack, his wife. Defendants and Appellants. No. 11994 FILED December 8, 1970 L. M. Cummings, Clerk CROCKETT, Chief Justice: Plaintiff James Kier sued for specific performance of a contract to purchase the home property of the defendants Condrack at about 4900 South on the west side of Washington Boulevard in Ogden. Utah. The defense relied upon at the trial, and persisted in on this appeal, is that the option SUPREME COURT DECISION- S- (Continued on Page |