Category: URJP015

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 Rule 31 is repealed as a result of amendments made to Utah Code section 80-6-304.5 by House Bill 362 of the 2024 Legislative Session.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.”

Supreme Court Order

Supreme Court Order

 

Continue Reading

Rules of Juvenile Procedure – Effective May 1, 2018

URJP007 Amend. Warrants.  Contains revisions necessitated by new statute section 78A-6-106.5 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP015 Amend. Preliminary inquiry; informal adjustment without petition.  Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP016 Amend. Transfer of delinquency case for preliminary inquiry.  Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.  Clarifies applicability of certain rule provisions to a child (under the age of 18) and a minor (under the age of 21).

URJP023A Amend. Hearing on conditions of Section 78A-6-702.  Changes burden of proof to preponderance to bring rule into conformity with 2015 statute change.

URJP033 Amend. Preliminary orders and summary proceedings.  Deletes provisions related to the ability to place non-resident runaways into the custody of the Division of child and Family Services.

URJP037 Amend. Adds reference to the statutory provisions in Section 78A-6-1111 pertaining to limitations on the appointment of counsel for indigent parties.

Supreme Court Order

Continue Reading

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.

Continue Reading

Rules of Juvenile Procedure

URJP 15. Preliminary inquiry; informal adjustment without petition. Amend. Increases the permitted duration of non-judicial adjustment efforts from 60 to 90 days to conform to statutes. Effective Date: August 8, 2007.

Continue Reading