Utah Courts
URJP Rule 7 (Rules of Juvenile Procedure)
URJP Rule 7 (Rules of Juvenile Procedure)
Rule 7. Warrants.
(a) The issuance and execution of a warrant is governed by Title 77, Chapter 7, Arrest; Utah Code sections 78A-6-102, 78A-6-352, 80-2a-202, and 80-6-202; and Rule 40 of the Utah Rules of Criminal Procedure.
(b) After a petition is filed, a warrant for immediate temporary custody of a minor may be issued if the court finds from the facts set forth in an affidavit filed with the court or in the petition that there is probable cause to believe that:
(1) the minor has committed an act which would be a felony if committed by an adult;
(2) the minor has failed to appear after the minor or the parent, guardian or custodian has been legally served with a summons;
(3) there is a substantial likelihood the minor will not respond to a summons;
(4) the summons cannot be served and the minor's present whereabouts are unknown;
(5) the minor seriously endangers others and immediate removal appears to be necessary for the protection of others or the public; or
(6) the minor is a runaway or has escaped from the minor’s parent, guardian, or custodian.
(c) A warrant for immediate temporary custody of a minor may be issued if the court finds from the affidavit that the minor is under the continuing jurisdiction of the court and probable cause to believe that the minor:
(1) has left the custody of the person or agency vested by the court with legal custody and guardianship without permission; or
(2) has violated a court order.
(d) A warrant for immediate custody shall be signed by a court and shall contain or be supported by the following:
(1) an order that the minor be returned home, taken to the court, taken to a juvenile detention, shelter facility, other nonsecure facility or an adult detention facility, if appropriate, designated by the court at the address specified pending a hearing or further order of the court;
(2) the name, date of birth and last known address of the minor;
(3) the reasons why the minor is being taken into custody;
(4) a time limitation on the execution of the warrant;
(5) the name and title of the person requesting the warrant unless ordered by the court on its own initiative pursuant to these rules; and
(6) the date, county and court location where the warrant is being issued.
(e) A peace officer who brings a minor to a detention facility pursuant to a court order for immediate custody shall so inform the person in charge of the facility and the existence of such order shall require the minor's immediate admission. A minor so admitted may not be released without court order.
(f) This rule shall not limit the statutory authority of a probation officer to take a minor who has violated a condition of probation into custody under Utah Code section 80-6-201.
(g) Return of service on a warrant shall be executed within 72 hours unless otherwise ordered by the Court.
(h) Prior to a peace officer or a child welfare worker executing a warrant issued pursuant to Utah Code section 80-2a-202 for a child who is missing, has been abducted, or has run away, counsel for the Division of Child and Family Services may file an ex parte motion to vacate the warrant.
(i) The juvenile court to retain and file copies - Documents sealed for twenty days -Forwarding of record to court with jurisdiction.
(1) At the time of issuance, the juvenile court shall retain and seal a copy of the search warrant, the application and all affidavits or other recorded testimony on which the warrant is based and shall, within a reasonable time, file those sealed documents in court files which are secured against access by the public. Those documents shall remain sealed until twenty days following the issuance of the warrant unless that time is extended or reduced. Unsealed search warrant documents shall be filed in the court record.
(2) Sealing and retention of the file may be accomplished by:
(A) placing paper documents or storage media in a sealed envelope and filing the sealed envelope in a court file not available to the public;
(B) storing the documents by electronic or other means under the control of the court in a manner reasonably designed to preserve the integrity of the documents and protect them against disclosure to the public during the period in which they are sealed; or
(C) filing through the use of an electronic filing system operated by the State of Utah which system is designed to transmit accurate copies of the documents to the court file without allowing alteration to the documents after issuance of the warrant by the juvenile court.
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