Category: URJP005

Posted: August 15, 2024

Rules of Juvenile Procedure – Effective November 1, 2024

URJP005. Definitions. Amend. The approved amendment to Rule 5 removes the definition of “adjudication.” Senate Bill 88 of the 2024 Legislative Session amends the definition of “adjudication” as found in Utah Code section 80-1-102. “Adjudication” as defined in statute is a better fit for the Rules of Juvenile Procedure. As a result of the removal of “adjudication,” the remaining paragraphs are renumbered.

URJP013A. Limited-purpose intervention. New. In response to In re J.T., 2023 UT App 157, Rule 13A guides intervention in the juvenile court.

URJP015. Preliminary inquiry; informal adjustment without petition. Amend. The approved revision to Rule 15 amends paragraph (f) to refer to statute as the guiding criteria for non-judicial extensions. The term “probation intake officer” was changed to “probation officer.” Additional grammatical and stylistic changes were also made for clarity.

URJP019C. Amend. Regarding motions on the justification of the use of force, the approved amendment to Rule 19C specifically adopts Rule 12(c)(3) of the Rules of Criminal Procedure. This amendment intends to clarify the relationship between statute, the Rules of Criminal Procedure, and the Rules of Juvenile Procedure as outlined in Rule 2 of the Rules of Juvenile Procedure.

URJP022. Initial appearance and preliminary hearing in cases under Utah Code sections 80-6-503 and 80-6-504. Amend. House Joint Resolution 13 of the 2024 Legislative Session made changes to Rule 7B of the Rules of Criminal Procedure related to hearsay. Paragraph (k) of Rule 22 is amended to mirror those changes. Paragraph (k) is further amended to provide clearer direction regarding the raising of objections at the preliminary hearing. Additional grammatical and stylistic changes were also made for clarity.

Repeal – Effective November 1, 2024

URJP031. Initiation of truancy proceedings. Repeal. Rule 31 is repealed as a result of amendments made to Utah Code section 80-6-304.5 by House Bill 362 of the 2024 Legislative Session. Habitual truancy may be referred to the juvenile court for a non-judicial adjustment, but it may not be petitioned. In addition, a change to heading “Section VIII Citable Offenses, Truancy Offenses and Status Offenses” of the rules is also made. The heading will read, “Section VIII Citable Offenses and Status Offenses.”

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Posted: September 29, 2021

Rules of Juvenile Procedure – Effective September 27, 2021

URJP005. Definitions. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and updated the definition of “ungovernability” to align with H.B. 285.

URJP007. Warrants. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modified the language in subsection (b)(6) regarding runaway minors to align with H.B. 285, added a statutory reference to the authority a probation officer has to take into custody a minor who violates a condition of probation, and clarified that “custody” is “temporary custody.”

URJP050. Presence at hearings. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modified the language in subsection (f) to conform with proposed changes the Advisory Committee on the Rules of Civil Procedure made to Civil Rule 24 involving tribal intervention and participation in Indian Child Welfare Act cases.

URJP060. Judicial bypass procedure to authorize minor to consent to an abortion. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021).

Supreme Court Order

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Posted: September 9, 2020

Rules of Juvenile Procedure – Effective November 1, 2020

URJP005. Definitions. Amended. Makes revisions to definitions of “adult” and “minor” in juvenile delinquency cases to comply with statutory changes in H.B. 384-Juvenile Justice Amendments.

URJP017. The petition. Amended.  Makes revisions pertaining to petitions for expungement, including expungement of nonjudicial adjustments and petition for vacatur.

URJP021. Warrant of arrest or summons in cases under Section 78A-6-702 and Section 78A-6-703. Amended.  Reflects statutory changes made by  H.B. 384-Juvenile Justice Amendments.

URJP022. Initial appearance and preliminary examination in cases under Section 78A-6-702.   Amended.    Reflects statutory changes made by  H.B. 384-Juvenile Justice Amendments.

URJP023. Hearing to waive jurisdiction and certify under Section 78A-6703: bind over to district court.   Repealed.  Rule 23 will be repealed because the underlying statute was repealed by H.B. 384-Juvenile Justice Amendments.

URJP023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amended.  Reflects statutory changes made by  H.B. 384-Juvenile Justice Amendments.

URJP031.  Initiation of truancy proceedings.  Amended.  Corrects outdated statutory references.

URJP044. Findings and conclusions.  Amended.  Reflects statutory changes made by  H.B. 384-Juvenile Justice Amendments.

URJP050. Presence at hearings. Amended. Permits and details Indian tribes’ right to participate in court proceedings pursuant to the Indian Child Welfare Act.

URJP056. Expungement.  Amended.  Makes revisions to statutory changes contained in H.B. 384 regarding procedures for petitioning for expungement of juvenile court adjudications and nonjudicial adjustments.

Supreme Court Order

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Posted: March 21, 2019

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Posted: January 30, 2008

Rules of Juvenile Procedure

URJP 05. Definitions. Amend. Modifies terms “minor” and “child” to conform with statutes.
URJP 08. Rights of minor while in detention. Amend. Modifies terms “minor” and “child” to conform with statutes.
URJP 15. Preliminary inquiry; informal adjustment without petition. Amend. Modifies terms “minor” and “child” to conform with statutes.
URJP 16. Transfer of delinquency case for preliminary inquiry. Amend. Modifies terms “minor” and “child” to conform with statutes. Permits a receiving court to transfer a referral back to the original court if the minor fails to appear.
URJP 26. Rights of minors in delinquency proceedings. Amend. Modifies terms “minor” and “child” to conform with statutes.
URJP 27. Fingerprinting, photographing, and regulating discovery; HIV testing. Amend. Modifies terms “minor” and “child” to conform with statutes.
URJP 27A. Admissibility of statements given by minors. Amend. Modifies terms “minor” and “child” to conform with statutes.
URJP 29A. Visual recording of statement or testimony of child victim or witness of sexual or physical abuse – Conditions of admissibility. Amend. Modifies terms “minor” and “child” to conform with statutes.
URJP 31. Initiation of truancy proceedings. Amend. Modifies terms “minor” and “child” to conform with statutes.
URJP 35. Pre-trial procedures. Amend. Modifies terms “minor” and “child” to conform with statutes.
URJP 37A. Visual recording of statement or testimony of child in abuse, neglect and dependency proceedings – Conditions of admissibility. Amend. Modifies terms “minor” and “child” to conform with statutes.
URJP 44. Findings and conclusions. Amend. Modifies terms “minor” and “child” to conform with statutes.
URJP 45. Pre-disposition reports and social studies. Amend. Modifies terms “minor” and “child” to conform with statutes.
URJP 46. Disposition hearing. Amend. Modifies terms “minor” and “child” to conform with statutes.
URJP 47. Reviews and modification of orders. Amend. Modifies terms “minor” and “child” to conform with statutes.
URJP 52. Appeals. Amend. Requires that appeals in abuse, neglect, dependency, termination and adoption cases must be filed within 15 days of the entry of the order appealed from.
URJP 54. Continuances. Amend. Modifies terms “minor” and “child” to conform with statutes.
URJP 56. Expungement. Amend. Modifies terms “minor” and “child” to conform with statutes.
Supreme Court Order.

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