Family court jurisdiction ends at age 18, high court says

The Navajo Nation Supreme Court declared this week that once a child reaches 18, family courts no longer have jurisdiction over them.

The ruling clarifies law as to the authority of family courts on the reservation. The high court was asked to give an opinion by the Crownpoint Family Court because there are also laws that state family courts will continue to have jurisdiction as long as a case is still pending.

The situation came up in November 2007 when a juvenile, called "DD" in court records, was picked up for violating probation and ordered into juvenile detention until his scheduled hearing on the matter.

However, the juvenile turned 18 the day before the hearing, so the family court ordered him released at that point, citing laws that say its authority ends when a juvenile turns 18.

The prosecutor's office argued that the overall purpose of the Children's Code was to provide rehabilitation to the juvenile and "these services cannot be provided if all efforts must cease when the young person turns 18."

The brief submitted by prosecutors said a young person who runs afoul of the law before he or she is 18 still needs the services of the government the day after he or she turns 18.

"In the eye of the family," the brief stated, "the new adult is still a child needing help."

Since the matter was before the family court, that court is in the best position to continue providing guidance, the brief added.

But the Supreme Court said the intention of the law was to terminate any such authority by the family court when the individual reaches 18.

"The court makes no comment as to the wisdom of this decision other than to say that the legislature's decision does not appear to lead to an 'absurd' result," the ruling said.

The Supreme Court ruling pointed out that this doesn't eliminate court authority over young people in trouble.

In DD's case, the prosecutor had an option to re-file in district court since the original charge involved a violation of the tribe's motor vehicle code.

The prosecutor also can seek a transfer to district court in cases where the juvenile is 16 or older and the offense would be considered a crime if committed by an adult, the high court noted.

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