Legislation

Search OpenLegislation Statutes

This entry was published on 2022-04-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 302.1
Jurisdiction
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 1
§ 302.1. Jurisdiction. 1. The family court has exclusive original
jurisdiction over any proceeding to determine whether a person is a
juvenile delinquent.

2. In determining the jurisdiction of the court the age of such person
at the time the delinquent act allegedly was committed is controlling.

3. With respect to a youth over sixteen and less than seventeen years
of age or, a person over sixteen and less than eighteen years of age
commencing October first, two thousand nineteen, whenever a crime and a
violation arise out of the same transaction or occurrence, a charge
alleging both offenses shall be made returnable before the court having
jurisdiction over the crime. Nothing herein provided shall be construed
to prevent a court, having jurisdiction over a violation relating to a
criminal act from lawfully entering an order in accordance with section
345.1 of this article where such order is not based upon the count or
counts of the petition alleging such criminal act.

4. Where a proceeding had been commenced in the youth part of a
superior court for an act alleged to have been committed prior to his or
her eighteenth birthday and then had been removed to family court, the
family court shall exercise jurisdiction under this article,
notwithstanding the fact that the respondent may be over the age of
eighteen prior to the proceeding having commenced in the family court.