(a) These rules shall govern procedures in the juvenile court.

(b) These rules are intended to provide a just, speedy, and efficient determination of the cases before the court and shall be construed to further those goals.

(c) These rules shall be known as the Utah Rules of Juvenile Procedure and may be cited as Utah R. Juv. P.

(d) When appropriate, the use of singular nouns and pronouns shall be construed to include the plural, and the use of plural nouns and pronouns shall be construed to include the singular.

(e) These rules shall take effect on January 1, 1995.

(a) When the proceeding involves neglect, abuse, dependency, termination of parental rights, adoption, status offenses or truancy, the Utah Rules of Civil Procedure shall apply unless inconsistent with these rules.

(b) When the proceeding involves an offense which would be a criminal act if committed by an adult, only the Utah Rules of Criminal Procedure which have been specifically adopted by these rules shall apply.

(c) In substantiation proceedings, the procedure set forth in U.C.A. 63G-4-402(2) shall apply.

(a) Pleadings in the juvenile court include, but are not limited to, petitions, motions, and responsive pleadings. Pleadings and other papers filed with the juvenile court shall comply with Utah R. Civ. P 10. Pleadings and other papers in cases transferred from the district court shall show the juvenile court case number and the district court case number.

(b) Matters filed in the court shall be captioned as follows:

(1) In minors' cases or private petition cases: “State of Utah, in the interest of __________________, a minor under ________ years of age.”

(2) In cases of adults charged with any crime: “State of Utah, Plaintiff, vs. ________________________, Defendant.”

(3) In cases requesting protective orders: “__________________, Petitioner, vs. __________________, Respondent.”

(4) In adoptions: “In the matter of the adoption of _____________________.”

(5) In cases transferred from district court involving issues of custody, support and parent time: “State of Utah, in the interest of __________________. In the matter of __________________, Petitioner, vs. __________________, Respondent.”

(c) Forms used in the juvenile court shall be those standardized and adopted by the Board of Juvenile Court Judges or the Judicial Council, and may be single spaced when so authorized.

(a) The following rules apply in computing any time period specified in these rules, any local rule or court order, or in any statute that does not specify a method of computing time.

(b) In computing time under these rules:

(b)(1) The day of the act, event or default from which the designated period of time begins to run shall not be included.

(b)(2) Count every day, including intermediate Saturdays, Sundays, and legal holidays.

(b)(3) The last day of the period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.

(b)(4): Unless the court orders otherwise, if the clerk’s office is inaccessible on the last day for filing under Rule 4(b), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday.

(c) The court may, with or without motion or notice, for cause shown, order the time period enlarged if request is made before the period has expired. The court may consider a motion to grant an enlargement of a time period made after the period has expired, and may grant the motion, if there is a reasonable excuse for failure to act within the period.

(d) Unless a different time is set by a statute or court order, filing on the last day means: 

(d)(1) For electronic filing, before midnight; and

(d)(2) For filing by other means, before the clerk’s office is scheduled to close.

(e) Whenever a party has the right or is required to do some act or take some proceedings within a prescribed time period after the service of a notice or other paper upon the party and the notice or paper is served by mail, three days shall be added to the prescribed period as calculated under subsection(b).

Terms in these rules have the same definitions as provided in Utah Code sections 80-1-102 and 80-3-102 unless a different definition is given here. As used in these rules:

(a) "Abuse, neglect, and dependency" refers to proceedings under Title 80, Chapter 3, Abuse, Neglect and Dependency Proceedings and Title 80, Chapter 4, Termination and Restoration of Parental Rights.

(b) "Adult" means an individual who is 18 years old or older. “Adult” does not include an individual who is 18 years old or older and whose case is under the continuing jurisdiction of the juvenile court in accordance with Utah Code section 78A-6-120.

(c) "Arraignment" means the hearing at which a minor is informed of the allegations and the minor's rights, and is given an opportunity to admit or deny the allegations.

(d) "Court records" means all juvenile court legal records, all juvenile court social and probation records, and all other juvenile court records prepared, owned, received, or maintained by the court.

(e) "Disposition" means any order of the court, after adjudication, as defined in Utah Code section 80-1-102.

(f) “Minor” means:

(1) For the purpose of juvenile delinquency: a child, or an individual who is at least 18 years old and younger than 25 years old and whose case is under the jurisdiction of the juvenile court; and

(2) For all other purposes in these rules: a child, or an individual who is at least 18 years old and younger than 21 years old and whose case is under the jurisdiction of the juvenile court.

(g) "Petition" means the document containing the material facts and allegations upon which the court's jurisdiction is based.

(h) "Preliminary inquiry" means an investigation and study conducted by the probation department upon the receipt of a referral to determine whether the interests of the public or of the minor require that further action be taken.

(i) "Substantiation proceedings" means juvenile court proceedings in which an individual or the Division of Child and Family Services seeks a judicial finding of a claim of substantiated, unsubstantiated or without merit with regards to a DCFS finding of severe child abuse or neglect for purposes of the Division's Licensing Information System.

(j) "Ungovernability" means the condition of a child who is beyond the control of the parent, guardian, or lawful custodian, to the extent that the child’s behavior or condition endangers the child’s own welfare or the welfare of others.

Admission to detention without court order is governed by Utah Administrative Rules Title R547, Chapter 13, Guidelines for Admission to Secure Youth Detention Facilities.

(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.

On verbal request from a probation officer or other authorized individual, a pick up order may be issued telephonically during nonbusiness hours or under exigent circumstances when it appears necessary for the protection of the community or the minor and shall be supported by an affidavit from the requesting authority the next court business day.

This Rule was repealed on 5/1/2022.

(a) The officer in charge of the detention facility must provide to the court a copy of the report required by Utah Code section 80-6-203.

(b) If a minor is admitted into a detention facility without a warrant, the court will make a determination whether there is probable cause for the minor’s arrest, within 24 hours of the minor’s admission to detention including weekends and holidays.

(c) The court will hold a detention hearing within 48 hours of the minor's admission to detention. A minor may not be held in a detention facility longer than 48 hours before a detention hearing, excluding weekends and holidays, unless the court has entered an order for continued detention. The officer in charge of the detention facility must notify the minor, parent, guardian or custodian and attorney of the date, time, place and manner of such hearing.

(d) The court may at any time order the release of a minor whether a detention hearing is held or not.

(e) A probable cause determination and detention hearing may occur concurrently so long as the probable cause determination and the detention hearing occur pursuant to the time frames in paragraphs (b) and (c).

(f) The court may order a minor to be held in the detention facility or placed in another appropriate facility, subject to further order of the court, only if the court finds at the detention hearing that:

(1) releasing the minor to the minor’s parents, guardian, or custodian presents an unreasonable risk to public safety;

(2) less restrictive nonresidential alternatives to detention have been considered and, where appropriate, attempted; and

(3) the minor is eligible for detention under the division guidelines for detention admission established by the Division of Juvenile Justice Services, under Utah Code sections 80-5-501 and 80-6-201.

(g) At the beginning of the detention hearing, the court will advise all persons present as to the reasons or allegations giving rise to the minor's admission to detention and the limited scope and purpose of the hearing. If the minor is to be arraigned at the detention hearing, the provisions of Rules 24 and 26 will apply.

(h) The court may receive any information, including hearsay and opinion, that is relevant to the decision whether to detain or release the minor. Privileged communications may be introduced only in accordance with the Utah Rules of Evidence.

(i) A detention hearing may be held without the presence of the minor's parent, guardian or custodian if they fail to appear after receiving notice. The court may delay the hearing for up to 48 hours to permit the parent, guardian or custodian to be present or may proceed subject to the rights of the parent, guardian or custodian. The court may appoint counsel for the minor with or without the minor's request.

(j) If the court determines that no probable cause exists for the arrest or the offense or condition alleged does not meet the requirements in Rule 6 as a basis for admission, it will order the minor released immediately without restrictions.

(k) If the court determines that a less restrictive alternative to detention is appropriate, it may place the minor on home detention, another alternative program, or order the minor's release upon compliance with certain conditions pending further proceedings. Such conditions may include:

(1) a requirement that the minor remain in the physical care and custody of a parent, guardian, custodian, or other suitable person;

(2) a restriction on the minor's travel, associations or residence during the period of the minor's release; and

(3) other requirements deemed reasonably necessary and consistent with the criteria for detaining the minor.

(l) If the court determines that probable cause exists as to the offense or condition alleged as a basis for the minor's admission to detention but that the minor can be safely left in the care and custody of the parent, guardian, or custodian present at the hearing, it may order release of the minor upon the promise of the minor and the parent, guardian, or custodian to return to court for further proceedings when notified.

(m) If the court determines that the offense is one governed by Utah Code sections 80-6-502, 80-6-503, 80-6-504, or 80-6-505, the court may by issuance of a warrant of arrest order the minor committed to the county jail in accordance with Utah Code section 80-6-204.

(n) Except as provided in paragraph (o), any predisposition order to detention will be reviewed by the court once every seven days, unless the minor is ordered to home detention or an alternative detention program. Predisposition orders to home detention or an alternative detention program will be reviewed by the court once every 15 days. The court may, on its own motion or on the motion of any party, schedule a detention review hearing at any time.

(o) When the district court and juvenile court have concurrent jurisdiction over a minor, or when an information has been filed pursuant to Utah Code section 80-6-503, any predisposition order to detention will be reviewed by the court once every 30 days. The court may, on its own motion, or on the motion of any party, schedule a detention review hearing at any time.

A nonresident minor taken into custody for an offense committed within the state whose continued detention is not required by the court under Rule 9 may be required to post bail as a condition of release pending arraignment or subsequent court proceedings. The judge, commissioner, or other court officer authorized in writing may issue an order admitting the minor to bail and setting the amount of bail. All subsequent matters pertaining to the posting of the bail and any forfeiture shall be governed by Utah Code Title 77, Chapter 20.

(a) Preliminary inquiries and investigations shall be promptly conducted in cases involving minors ordered held in detention. Orders for detention are not of indefinite duration and shall be limited as follows.

(1) Minors held in detention. Unless the time period for filing a petition or holding an arraignment is extended by court order, a minor shall be released from detention if a petition is not filed within 5 working days of the date the minor was admitted to detention or an arraignment is not held within 10 days of the date the petition is filed.

(2) Minors placed on home detention or released with conditions. Unless extended by court order, if a petition is not filed within 30 days of the placement on home detention or the date of release from detention with conditions, the order shall terminate.

(3) Minors involved in a diversion in lieu of detention. The diversion agreement shall terminate within 30 days of the diversion in lieu of detention if a non-judicial adjustment is not entered into or if a petition is not filed, and the diversion agreement shall so specify.

(4) Minors held in detention pending disposition or placement are governed by Utah Code section80-6-207.

(b) Requests for extensions of the time period for filing a petition shall be made by means of a motion and order.

Admission to shelter care is governed by Utah Code Title 80, Chapter 2, Child Welfare Services; Chapter 2a, Removal and Protective Custody of a Child; and Chapter 3, Abuse, Neglect, and Dependency Proceedings.

(a) Shelter hearings shall be conducted in accordance with Utah Code sections 80-3-301 and 80-3-302.

(b) The Division of Child and Family Services shall file with the court at or before the shelter hearing a copy of the notice form required by Utah Code section 80-2a-203 and the notice required by Utah Code section 80-3-301.

(c) At the beginning of the shelter hearing, the court shall advise all persons present of the information submitted to the court as a basis for the admission of the minor into shelter care and of the scope and purpose of the hearing.

(d) The court may receive any information, including hearsay and opinions, that is relevant to the issue of whether it is safe to release the minor to the parent, guardian or custodian. Privileged communications may be admitted only in accordance with the rules of evidence.

(e) If the parent, guardian, or custodian of the minor cannot be notified as provided in Utah Code section 80-3-301, a shelter hearing may be held without the minor's parent, guardian or custodian. Upon a finding that a continuance is necessary for the protection of the minor, for the accumulation or presentation of necessary evidence, to protect the rights of a party, or for other good cause, the court may continue the hearing in accordance with Utah Code section 80-3-301.

(f) If the minor is not released, the order for continued shelter shall be furnished to the agency responsible for shelter care of minors in the county. Orders for continued shelter care shall be of definite duration and may be extended upon review at a hearing in conformity with Utah Code section 80-3-301 and this rule.

(g) The release of the minor from shelter care may be requested by the court, a party, or any person interested in the minor at any time on the grounds that the conditions giving rise to the placement no longer exist or no longer justify continuing shelter. Such request shall be considered by the court at a hearing in conformity with Utah Code section 80-3-301 and this rule.

(a) Scope. This rule applies to the intervention of a friend or relative in a child welfare

matter for the limited purpose of determining the placement of a child. It supersedes

Rule 24 of the Utah Rules of Civil Procedure for this limited purpose.

(b) Limited-purpose intervenor. On timely motion, the court will permit a relative or

friend to intervene in a child welfare matter for the limited purpose of being considered

for a child placement under 80-3-302(6).

(c) Record access. A limited-purpose intervenor will not have access to court records

unless the court determines, after providing the parties with notice and an opportunity to

be heard, that certain court records are relevant to the issue of a child’s placement with

the limited-purpose intervenor.

(d) Burden of proof. A limited-purpose intervenor has the burden to prove by a

preponderance of evidence that it is in the child’s best interest to grant the limited-

purpose

(a) Delinquency cases. A law enforcement officer or any other person having knowledge of or reason to believe facts that would bring a minor within the court's jurisdiction for delinquency may refer the minor to the court by submitting a written report on forms prescribed by the court. The report must indicate whether the alleged offense is a felony, misdemeanor, infraction, or status offense. A juvenile probation officer must make a preliminary determination as to whether the minor qualifies for a nonjudicial adjustment. If the referral does not establish that the minor qualifies for a nonjudicial adjustment, the probation officer must forward the referral to the prosecutor.

(b) Cases involving neglect, dependency, or abuse. Pursuant to Utah Code, Title 80, Chapter 2, Child Welfare Services, complaints and reports involving the neglect, abuse, or dependency of minors must be directed to the nearest office of the Division of Child and Family Services for investigation, which agency may, with the assistance of the attorney general, file a petition with the court to initiate judicial proceedings.

(c) Coordination of criminal and delinquency cases pending in district court and juvenile court; notice to the court.

(1) In a criminal case all parties have a continuing duty to notify the court of a delinquency case pending in juvenile court in which the defendant is a party.

(2) In a delinquency case all parties have a continuing duty to notify the court:

(A) of a criminal or delinquency case in which the respondent or the respondent's parent is a party; and

(B) of an abuse, neglect, or dependency case in which the respondent is the subject of the petition or the respondent's parent is a party.

(3) The notice must be filed with a party's initial pleading or as soon as practicable after the party becomes aware of the other pending case. The notice must include the case caption, file number, and name of the judge or commissioner in the other case.

(a) If a minor qualifies for a nonjudicial adjustment pursuant to statute, the probation officer must offer a nonjudicial adjustment to the minor.

(b) If a minor does not qualify for a nonjudicial adjustment, the probation officer may conduct one or more interviews with the minor, or if a child, then with the child and at least one of the child’s parents, guardians, or custodians, and may invite the referring party and the victim, if any, to attend or otherwise seek further information from them. Attendance at any such interview is voluntary, and the probation officer may not compel the disclosure of any information or the visiting of any place.

(c) In any such interview, the minor, or if a child, then the child and the child’s parent, guardian, or custodian, must be advised that the interview is voluntary, that the minor has the right to have counsel present to represent the minor, that the minor has the right not to disclose any information, and that any information disclosed that could tend to incriminate the minor cannot be used against the minor in court to prove whether the minor committed the offense alleged in the referral.

(d) If, on the basis of the preliminary inquiry, the probation officer concludes that nonjudicial adjustment is appropriate and is authorized by law, the probation officer may seek agreement with the minor, or if a child, then with the child and the child’s parent, guardian, or custodian, to a proposed nonjudicial adjustment.

(e) If an agreement is reached and the terms and conditions agreed upon are satisfactorily complied with by the minor, or if a child, then with the child and the child’s parent, guardian, or custodian, the case must be closed without petition. Such resolution of the case will not be deemed an adjudication of jurisdiction of the court and will not constitute an official record of juvenile court action or disposition. A nonjudicial adjustment may be considered by the probation officer in a subsequent preliminary inquiry and by the court for purposes of disposition only, following adjudication of a subsequent delinquency involving the same minor.

(f) The initial time in which to complete a nonjudicial adjustment, and any extensions thereof, are governed by Utah Code section 80-6-304.

(a) Transfer of delinquency case for preliminary inquiry.

(1) When a minor resides in a county within the state other than the county in which the alleged delinquency occurred, and it appears that the minor qualifies for a nonjudicial adjustment pursuant to statute, the intake probation officer of the county of occurrence shall, unless otherwise directed by court order, transfer the referral to the county of residence for a preliminary inquiry to be conducted in accordance with Rule 15. If any of the following circumstances are found to exist at the time of preliminary inquiry, the referral shall be transferred back to the county of occurrence for filing of a petition and further proceedings:

(A) a minor, the child or the child’s parent, guardian or custodian cannot be located or failed to appear after notice for the preliminary inquiry;

(B) a minor, the child or the child’s parent, guardian or custodian declines an offer for a nonjudicial adjustment;

(C) a minor or the minor’s custodian cannot be located or fails to appear after notice for the preliminary inquiry or the minor declines an offer for a nonjudicial adjustment;

(D) there are circumstances in the case that require adjudication in the county of occurrence in the interest of justice; or

(E) there are multiple minors involved who live in different counties.

(b) If the referral is not returned to the county of occurrence, a petition may be filed in the county of residence, and the arraignment and all further proceedings may be conducted in that county if the petition is admitted.

(c) After the filing of a petition alleging a delinquency or criminal action, the court may transfer the case to the district where the minor resides or the district where the violation of law or ordinance is alleged to have occurred. The court may, in its discretion, after adjudication certify the case for disposition to the court of the district in which the minor resides.

(d) The transferring or certifying court shall notify the receiving court and transmit all documents and legal and social records, or certified copies thereof, to the receiving court. The receiving court shall proceed with the case as if the petition had been originally filed or the adjudication had been originally made in that court.

(e) The dismissal of a petition in one district where the dismissal is without prejudice and where there has been no adjudication upon the merits shall not preclude refiling within the same district or another district where venue is proper.

(a) After the adjudication of a petition in a non-delinquency proceeding, the court may transfer the case to the district where the minor or parent resides so long as the court finds it is in the best interest of the minor.

(b) A case may not be transferred prior to adjudication unless the court finds good cause to transfer the matter to another district.

(c) The court may not transfer the case to another district after the initial disposition hearing unless the transferring court first communicates and consults with the receiving court.

(d) The receiving court shall schedule a hearing within 30 days of receiving notice of the transfer.

(e) The transferring or certifying court shall notify the receiving court and transmit all documents and legal and social records, or certified copies thereof, to the receiving court. The receiving court shall proceed with the case as if the petition had been originally filed or the adjudication had been originally made in that court.

(f) The dismissal of a petition in one district where the dismissal is without prejudice and where there has been no adjudication upon the merits shall not preclude refiling within the same district or another district where venue is proper.

(a) Delinquency cases.

(1) The petition must allege the offense as it is designated by statute or ordinance, and must state: in concise terms, the definition of the offense together with a designation of the section or provision of law allegedly violated; the name, age and date of birth of the minor; the name and residence address of the minor's parents, guardian or custodian; the date and place of the offense; and the name or identity of the victim, if known.

(2) For all non-felony-level offenses, the petition must state the specific condition that allows for the filing of the petition pursuant to Utah Code sections 80-6-303.5, 80-6-304.5, or 80-6-305.

(3) The petition must be verified and filed by the prosecuting attorney upon information and belief.

(b) Neglect, abuse, dependency, permanent termination and ungovernability cases.

(1) The petition must set forth in plain and concise language the jurisdictional basis as designated by statute, the facts supporting the court's jurisdiction, and the relief sought. The petition must state: the name, age and residence of the minor; the name and residence of the minor's parent, guardian or custodian; and if the parent, guardian or custodian is unknown, the name and residence of the nearest known relative or the person or agency exercising physical or legal custody of the minor.

(2) The petition must be verified and statements made therein may be made on information and belief.

(3) A petition filed by a state human services agency must either be prepared or approved by the office of the attorney general. When the petitioner is an employee or agent of a state agency acting in his or her official capacity, the name of the agency must be set forth and the petitioner must designate his or her title.

(4) A petition for termination of parental rights must also include, to the best information or belief of the petitioner: the name and residence of the petitioner; the sex and place of birth of the minor; the relationship of the petitioner to the minor; the dates of the birth of the minor’s parents; and the name and address of the person having legal custody or guardianship, or acting in loco parentis to the minor, or the organization or agency having legal custody or providing care for the minor.

(c) Other cases.

(1) Protective orders. Petitions may be filed on forms available from the court clerk and must conform to the format and arrangement of such forms.

(2) Petitions for adjudication expungements must meet all of the criteria of Utah Code section 80-6-1004.1 and must state: the name, age, and residence of the petitioner. Petitions for expungement must be accompanied by an original criminal history report obtained from the Bureau of Criminal Identification and proof of service upon the office of the county attorney, or within a prosecution district, the office of the district attorney for each jurisdiction in which an adjudication occurred prior to being filed with the court clerk.

(3) Petitions for expungement of nonjudicial adjustments must meet all of the criteria of Utah Code section 80-6-1004.2 and must state: the name, age, and residence of the petitioner. Petition for nonjudicial expungement must be served upon the office of the county attorney, or within a prosecution district, the office of the district attorney for each jurisdiction in which a nonjudicial adjustment occurred.

(4) Petitions for vacatur must meet all of the criteria of Utah Code section 80-6-1002 and must state any agency known or alleged to have documents related to the offense for which vacatur is sought. Petitions for vacatur must be accompanied by an original criminal history report obtained from the Bureau of Criminal Identification and proof of service upon the office of the county attorney, or within a prosecution district, the office of the district attorney for each jurisdiction in which an adjudication occurred prior.

(5) Petitions in other proceedings must conform to Rule 10 of the Utah Rules of Civil Procedure, except that in adoption proceedings, the petition must be accompanied by a certified copy of the Decree of Permanent Termination.

(a) Summons. Upon the filing of a petition, the clerk, unless otherwise directed by the court, will schedule an initial hearing in the case.

(1) Summons may be issued by the petitioning attorney. If the petitioning attorney does not issue a summons, summons will be issued by the clerk in accordance with Utah Code section 78A-6-351. The summons must conform to the format prescribed by these rules.

(2) Content of the summons.

(A) Abuse, neglect, and dependency cases. The summons must contain the name and address of the court, the title of the proceeding, the type of hearing scheduled, and the date, place and time of the hearing. It must state the time within which the respondent is required to answer the petition, and must notify the respondent that in the case of the failure to do so, judgment by default may be rendered against the respondent. It must contain an abbreviated reference to the substance of the petition. It must include the bilingual notice set forth in the juvenile form summons approved by the Utah Judicial Council.

(B) Termination of parental rights cases. The summons must contain the name and address of the court, the title of the proceeding, the type of hearing scheduled, and the date, place and time of the hearing. It must state the time within which the respondent is required to answer the petition. It must contain an abbreviated reference to the substance of the petition. It must include the bilingual notice set forth in the juvenile form summons approved by the Utah Judicial Council.

(C) Other cases. The summons must contain the name and address of the court, the title of the proceeding, the type of hearing scheduled, and the date, place, and time of the hearing. It must also contain an abbreviated reference to the substance of the petition. In proceedings against an adult pursuant to Utah Code section 78A-6-450, the summons must conform to the Utah Rules of Criminal Procedure and be issued by the prosecuting attorney.

(3) The summons must be directed to the person or persons who have physical care, control, or custody of the minor and require them to appear and bring the minor before the court. If the person so summoned is not the parent, guardian, or custodian of the minor, a summons must also be issued to the parent, guardian, or custodian. If the minor or person who is the subject of the petition has been emancipated by marriage or is 18 years of age or older at the time the petition is filed, the summons may require the appearance of the minor only, unless otherwise ordered by the court. In neglect, abuse, and dependency cases, unless otherwise directed by the court, the summons must not require the appearance of the subject minor.

(4) No summons is necessary as to any party who appears voluntarily or who files a written waiver of service with the clerk prior to or upon appearance at the hearing.

(b) Service.

(1) Except as otherwise provided by these rules or by statute, service of process and proof of service must be made by the methods provided in Rule 4 of Utah Rules of Civil Procedure. Service of process must be made by the sheriff of the county where the service is to be made, by a deputy, by a process server, or by any other suitable person appointed by the court. However, when the court so directs, an agent of the Department of Human Services may serve process in a case in which the Department is a party. A party or party's attorney may serve another party at a court hearing. The record of the proceeding will reflect the service of the document and will constitute the proof of service.

(2) Personal service may be made upon a parent, guardian, or custodian and upon a minor in that person's legal custody by delivering to a parent, guardian, or custodian a copy of the summons with a copy of the petition attached. If a minor is in the legal custody or guardianship of an agency or person other than a parent, service must also be made by delivering to the legal custodian a copy of the summons with a copy of the petition attached and notice must be given to the parent as provided in paragraph (d). Service upon a minor who has attained majority by marriage as provided in Utah Code Section 15-2-1 or upon court order must be made in the manner provided in the Utah Rules of Civil Procedure.

(3) Service may be made by any form of mail requiring a signed receipt by the addressee. Service is complete upon return to court of the signed receipt. Service of process may be made by depositing a copy thereof in the United States mail addressed to the last known address of the person to be served. Any person who appears in court in response to mailed service is considered to have been legally served.

(4) In any proceeding wherein the parent, guardian, or custodian cannot after the exercise of reasonable diligence be located for personal service, the court may proceed to adjudicate the matter subject to the right of the parent, guardian, or custodian to a rehearing, except that in certification proceedings brought pursuant to Title 80, Chapter 6, Part 5, Transfer to District Court and in proceedings seeking permanent termination of parental rights, the court will order service upon the parent, guardian, or custodian by publication. Any rehearing must be requested by written motion.

(5) Service must be completed at least 48 hours prior to the adjudicatory hearing. If the summons is for the permanent termination of parental rights, service must be completed at least ten days before the adjudicatory hearing. If the summons is for a substantiation proceeding, service must be completed at least 45 days before the adjudicatory hearing.

(c) Service by publication. Service by publication must be authorized by the procedure and in the form provided by the Utah Juvenile Code and Rule 4 of Utah Rules of Civil Procedure except that within the caption and the body of any published document, children must be identified by their initials and respective birth dates, and not by their names. The parent, guardian, or custodian of each child must be identified as such using their full names within the caption of any published document.

(d) Notice.

(1) Notice of the time, date, and place of any further proceedings, after an initial appearance or service of summons, may be given in open court or by mail to any party. Notice is sufficient if the clerk deposits the notice in the United States mail, postage pre-paid, to the address provided by the party in court or the address at which the party was initially served, or, if the party has agreed to accept service by email, sends notice to the email address provided by the party.

(2) Notice for any party represented by counsel must be given to counsel for the party through either mail, notice given in open court, or by email to the email address on file with the Utah State Bar.

(e) Additional parties. Whenever it appears to the court that a person who is not the parent, guardian or custodian should be made subject to the jurisdiction and authority of the court in a minor's case, upon the motion of any party or the court's own motion, the court may issue a summons ordering such person to appear. Upon the appearance of such person, the court may enter an order making such person a party to the proceeding and may order such person to comply with reasonable conditions as a part of the disposition in the minor's case. Upon the request of such person, the court will conduct a hearing upon the issue of whether such person should be made a party.

(f) Service of pleadings and other papers. Except as otherwise provided by these rules or by statute, service of pleadings and other papers not requiring a summons must be made by the methods provided in Rule 5 of Utah Rules of Civil Procedure, except that service to the email address on file with the Utah State Bar is sufficient service to an attorney under this rule, whether or not an attorney agrees to accept service by email.

(g) Access to the Juvenile Court’s Court and Agency Records Exchange (C.A.R.E.) for eFiling documents does not constitute an electronic filing account as referenced in the Rules of Civil Procedure. eFiling in C.A.R.E. does not constitute service upon a party.

(a) An answer to an abuse, neglect, and/or dependency petition, a petition to terminate parental rights, or a petition for a change of custody must be filed ten days after pretrial or twenty-five days after service of the petition whichever comes first. The answer may be made orally at a pretrial hearing but otherwise must comply with Utah R. Juv. P. 34. Default against a party who fails to appear either in person or by counsel at pretrial, or who fails to file an answer may be entered pursuant to Utah R. Juv. P. 34.

(b) Before answering, the respondent may move to dismiss the petition as insufficient to state a claim upon which relief can be granted. The court shall hear all parties and rule on said motion before requiring a party to answer.

(c) A party may file a written pleading or motion concerning the allegations of the petition before or at the hearing. Such pleading or a true and complete copy thereof shall be made available to the other parties of record. At the request of a party or on the court's own motion, the court shall set the matter for hearing to allow either party to respond to the issues raised in the pleading or motion.

(d) If a hearing has been requested and the non-moving party fails to file a memorandum in opposition, the moving party may withdraw the request or the court on its own motion may strike the request and decide the motion without oral argument.

(a) Motions. A request for an order must be made by motion. The motion must be in writing unless made during a hearing or trial, must state the relief requested, and must state the grounds for the relief requested. A written motion, other than one which may be heard ex parte, and notice of the hearing shall be served not later than seven days before the time specified for hearing, unless a different period is fixed by these rules or by court order.

(b) Name and content of motion.

(b)(1) The rules governing captions and other matters of form in pleadings apply to motions and other papers. The moving party must title the motion substantially as: “Motion [short phrase describing the relief requested].” The motion must include the supporting memorandum. The motion must include under appropriate headings and in the following order:

(b)(1)(A) A concise statement of the relief requested and the grounds for the relief requested and

(b)(1)(B) One or more sections that include a concise statement of the relevant facts claimed by the moving party and argument citing authority for the relief requested.

(b)(2) If the moving party cites documents or materials of any kind, relevant portions of those documents or materials must be attached to or submitted with the motion.

(b)(3) The motion may not exceed 25 pages, not counting attachments unless a longer motion is permitted by the court.

(c) Name and content of memorandum opposing the motion.

(c)(1) A nonmoving party may file a memorandum opposing the motion within 14 days after the motion is filed unless otherwise ordered by the Court. The nonmoving party must title the memorandum substantially as “Memorandum opposing motion [short phrase describing the relief requested].” The memorandum must include under appropriate headings and in the following order:

(c)(1)(A) A concise statement of the party’s preferred disposition of the motion and the grounds supporting that disposition;

(c)(1)(B) One or more sections that include a concise statement of the relevant facts claimed by the nonmoving party and argument citing authority for that disposition; and

(c)(1)(C) Objections to evidence in the motion, citing authority for the objection.

(c)(2) If the nonmoving party cites documents or materials of any kind, relevant portions of those documents or materials must be attached to or submitted with the memorandum.

(c)(3) The memorandum may not exceed 25 pages, not counting attachments, unless a longer memorandum is permitted by the court.

(d) Name and content of reply memorandum.

(d)(1) Within 7 days after the memorandum opposing the motion is filed, unless otherwise ordered by the Court, the moving party may file a reply memorandum, which must be limited to rebuttal of new matters raised in the memorandum opposing the motion. The moving party must title the memorandum substantially as “Reply memorandum supporting motion [short phrase describing the relief requested].” The memorandum must include under appropriate headings and in the following order:

(d)(1)(A) A concise statement of the new matter raised in the memorandum opposing the motion;

(d)(1)(B) One or more sections that include a concise statement of the relevant facts claimed by the moving party not previously set forth that respond to the opposing party’s statement of facts and argument citing authority rebutting the new matter

(d)(1)(C) Objections to evidence in the memorandum opposing the motion, citing authority for the objection; and

(d)(1)(D) Response to objections made in the memorandum opposing the motion, citing authority for the response.

(d)(2) If the moving party cites any documents or materials, relevant portions of those documents or materials must be attached to or submitted with the memorandum.

(d)(3) The reply memorandum may not exceed 15 pages, not counting attachments, unless a longer reply memorandum is permitted by the court.

(e) Objection to evidence in the reply memorandum; response. If the reply memorandum includes an objection to evidence, the nonmoving party may file a response to the objection no later than 7 days after the reply memorandum is filed, unless otherwise ordered by the court. If the reply memorandum includes evidence not previously set forth, the nonmoving party may file an objection to the evidence no later than 7 days after the reply memorandum is filed, and the moving party may file a response to the objection no later than 7 days after the objection is filed, unless otherwise ordered by the court. The objection or response may not be more than 3 pages.

(f) Request to Submit for Decision. When briefing is complete or the time for briefing has expired, either party may file a “Request to Submit for Decision” but if no party files a request, the motion will not be submitted for decision. The request to submit for decision must state whether a hearing has been requested.

(g) Hearings. The court may hold a hearing on any motion. A party may request a hearing in the motion, in a memorandum or in the request to submit for decision. A request for hearing must be separately identified in the caption of the document containing the request.

(h) The court may decide any motion at a hearing without a Request to Submit for Decision.

(i) Notice of Supplemental authority. A party may file notice of citation to significant authority that comes to the party’s attention after the party’s motion or memorandum has been filed or after oral argument but before decision. The notice must state the citation to the authority, the page of the motion or memorandum or the point orally argued to which the authority applies, and the reason the authority is relevant. Any other party may promptly file a response, but the court may act on the motion without waiting for a response.

(j) All dispositive motions shall be heard at least fourteen days before the scheduled trial date unless otherwise ordered by the court. No dispositive motions shall be heard after that date without leave of the court.

(k) Stipulated Motions. A party seeking relief that has been agreed to by the other parties may file a stipulated motion which must

(k)(1) Be titled substantially as: “Stipulated Motion [short phrase describing the relief requested]

(k)(2) Include a concise statement of the relief requested and the grounds for the relief requested

(j)(3) Include language indicating the name of the parties that stipulated to the motion or a signed stipulation in or attached to the motion and

(k)(4) Be accompanied by a proposed order that has been approved by the other parties.

(l) Ex parte motions. If a statute or rule permits a motion to be filed without serving the motion on the other parties, the party seeking relief may file an ex parte motion which must:

(l)(1) Be titled substantially as: “Ex parte motion [short phrase describing relief requested]

(l)(2) Include a concise statement of the relief requested and the grounds for the relief requested

(l)(3) Cite the statute or rule authorizing the ex parte motion

(l)(4) Be accompanied by a proposed order

(m) Orders.

(m)(1) Verbal Orders. A verbal order of the juvenile court is effective and enforceable when delivered from the bench and entered on the record in the presence of the party against whom enforcement is sought.Unless otherwise required by law or rule, a verbal order is deemed entered when recorded and may or may not be later memorialized in writing.

(m)(2) Written Orders. A written order of the juvenile court is effective and enforceable when signed by the court and served on the party against whom enforcement is sought. A written order is deemed entered when filed.

(m)(3) Preparing, Serving, and Filing Proposed Orders.

(m)(3)(A) Orders Prepared in Open Court. At a hearing, the court may (1) prepare a written order or (2) direct a party to prepare a written order while the parties or counsel are present. An order prepared by the court or a party in open court is effective and enforceable when signed by the court and filed. The court may permit review of the written order by the parties or counsel prior to signing. A party may object to a written order prepared in open court within 7 days of the entry of the order.

(m)(3)(B) Orders Prepared Outside Court. Following a hearing, the court may (1) prepare a written order or (2) direct a party to prepare a proposed order. Within 14 days of being directed to prepare a proposed order, a party must serve the proposed order on the other parties for review and approval as to form. If the party directed to prepare a proposed order fails to timely serve the order, any other party may prepare a proposed order and serve the proposed order on the other parties for review and approval as to form.

(m)(3)(C)(i) A party's approval as to form of a proposed order certifies the proposed order accurately reflects the court's decision. Approval as to form does not waive objections to the substance of the order.

(m)(3)(C)(ii) A party may object to the form of the proposed order by filing an objection within 7 days after the order is served.

(m)(4)The party preparing a proposed order must file it:

(m)(4)(A) after all other parties have approved the form of the order, in which case the party preparing the proposed order must indicate the means by which approval was received: in person; by telephone; by signature; by email; etc.

(m)(4)(B) after the time to object to the form of the order has expired, in which case the party preparing the proposed order must also file a certificate of service of the proposed order; or

(m)(4)(C) within 7 days after a party has objected to the form of the order, in which case the party preparing the proposed order may also file a response to the objection.

(m)(5) Proposed order before decision prohibited; exceptions. A party may not file a proposed order concurrently with a motion or a memorandum or a request to submit for decision, except that a proposed order must be filed with:

(m)(5)(A) a stipulated motion;

(m)(5)(B) a motion that can be acted on without waiting for a response;

(m)(5)(C) an ex parte motion;

(m)(5)(D) the request to submit for decision a motion in which a memorandum opposing the motion has not been filed.

(m)(6) Orders entered without a response; ex parte orders. An order entered on a motion where no response was filed or required may be vacated or modified by the judge who made it with or without notice.

(m)(7) Order to pay money. An order to pay money may be enforced in the same manner as if it were a judgment.

(a) A party may request an expedited hearing on any motion or petition filed with the court by filing a verified motion. The verified motion shall state with particularity the issues to be considered at the expedited hearing, the reasons an expedited hearing is necessary, and what efforts, if any, have been made to notify the other party of the request for expedited hearing.

(b) The court may grant a motion for expedited hearing on an ex parte basis.

(c) A motion for expedited hearing shall be granted if the facts alleged in the motion demonstrate good cause for an expedited hearing and otherwise appears appropriate.

(d) If the court grants the motion for expedited hearing, the hearing shall be set within ten days of the order.

(e) If the motion for an expedited hearing is granted, the moving party shall serve notice of the hearing upon all interested parties.

(a) This rule applies to motion practice for delinquency, traffic, and adult criminal matters.

(b) Any defense, objection, or request, including request for rulings on the admissibility of evidence, which is capable of determination without the trial of the general issue may be raised prior to trial by written motion. A motion must state succinctly and with particularity the grounds upon which it is made and the relief sought. A motion need not be accompanied by a memorandum unless required by the court.

(c) The following must be raised at least seven days prior to the trial unless otherwise ordered by the court:

(1) defenses and objections based on defects in the petition, indictment, or information;

(2) motions to suppress evidence;

(3) requests for discovery where allowed;

(4) requests for severance of allegations, charges, minors, or defendants;

(5) motions to dismiss on the ground of double jeopardy; or

(6) motions challenging jurisdiction, unless good cause is shown why the issue could not have been raised at least seven days prior to trial.

(d) Motions for a reduction of criminal offense pursuant to Utah Code section 76-3-402(2) may be raised at any time after disposition upon proper service of the motion on the appropriate prosecuting entity.

(e) Motions to suppress. A motion to suppress evidence must:

(1) describe the evidence sought to be suppressed;

(2) set forth the standing of the movant to make the application; and

(3) specify sufficient legal and factual grounds for the motion to give the opposing party reasonable notice of the issues and to enable the court to determine what proceedings are appropriate to address them.

If an evidentiary hearing is requested, no written response to the motion by the non-moving party is required, unless the court orders otherwise. At the conclusion of the evidentiary hearing, the court may provide a reasonable time for all parties to respond to the issues of fact and law raised in the motion and at the hearing.

(f) Motions on the justification of the use of force pursuant to Utah Code section 76-2-309 must be filed in accordance with Rule 12(c)(3) of the Rules of Criminal Procedure. Rule 12(c)(3) of the Rules of Criminal Procedure is hereby adopted by the Rules of Juvenile Procedure.

(g) When the facts in a petition, information, or indictment fail to inform a minor of the nature and cause of the offense alleged so as to enable the minor to prepare a defense, the minor may file a written motion for a bill of particulars. The motion must be filed at arraignment or within 14 days thereafter, or at such later time as the court may permit.

(h) A motion made before trial must be determined before trial unless the court for good cause orders that the ruling be deferred for later determination. Where factual issues are involved in determining a motion, the court will state its findings on the record.

(i) Failure of the minor or defendant to timely raise defenses or objections or to make requests which must be made prior to trial or at the time set by the court will constitute waiver thereof, but the court for cause shown may grant relief from such waiver.

(j) A verbatim record will be made of all proceedings at the hearing on motions, including such findings of fact and conclusions of law as are made orally.

(k) If the court grants a motion based on a defect in the institution of the prosecution or in the petition or information, it may order that the minor or defendant be held in custody for a reasonable and specified time pending the filing of a new petition or information. Nothing in this rule will be deemed to affect provisions of law relating to a statute of limitations.

(a) Discovery involving adjudications of delinquency, offenses by adults against minors, and proceedings brought pursuant toTitle 80, Chapter 6, Part 5, Transfer to District Court shall be conducted in accordance with Rule 16 of the Utah Rules of Criminal Procedure, except where limited by these rules, the Code of Judicial Administration, or the Utah Juvenile Code.

(b) In substantiation cases, no later than thirty days prior to trial, parties shall provide to each other information necessary to support its claims or defenses unless otherwise ordered by the court.

(c) Rule 26.1 of the Utah Rules of Civil Procedure does not apply in any juvenile proceedings unless there is a showing of good cause and it is ordered by the court.

(d) In all other cases, discovery shall be conducted pursuant to these rules unless modified by a showing of good cause and by order of the court.

(a) Scope of discovery. The scope of discovery is governed by Utah R. Civ. P. 26(b)(1). Unless ordered by the court, no discovery obligation may be imposed upon a minor.

(b) Disclosures. Within 14 days of the answer, a party shall, without awaiting a discovery request, make reasonable efforts to provide to other parties information necessary to support its claims or defenses, unless solely for impeachment or unless the identity of a person is protected by statute, identifying the subjects of the information. The party shall inform the other party of the existence of such records.

(c) Depositions upon oral questions. After the filing of the answer, a party may take the testimony of any person, including a party, by deposition upon oral question without leave of the court. Depositions shall be conducted pursuant to Utah R. Civ. P. 30. The record of the deposition shall be prepared pursuant to Utah R. Civ. P. 30(f) except the deponent will have seven days to review the transcript or recording under Utah R. Civ. P. 30(e). The use of depositions in court proceedings shall be governed by Utah R. Civ. P. 32.

(d) Interrogatories. After the filing of the answer, interrogatories may be used pursuant to Utah R. Civ. P. 33 except all answers shall be served within 14 days after service of the interrogatories.

(e) Production of documents and things. After the filing of the answer, requests for production of documents may be used pursuant to Utah R. Civ. P. 34 except all responses shall be served within 14 days after service of the requests.

(f) Physical and mental examination of persons. Physical and mental examinations may be conducted pursuant to Utah R. Civ. P. 35.

(g) Requests for admission. Except as modified in this paragraph, requests for admission may be used pursuant to Utah R. Civ. P. 36. The matter shall be deemed admitted unless, within 14 days after service of the request, the party to whom the request is directed serves upon the requesting party a written answer or objection addressed to the matter, signed by the party or by his attorney. Upon a showing of good cause, any matter deemed admitted may be withdrawn or amended upon the court's own motion or the motion of any party. Requests for admission can be served anytime following the filing of the answer.

(h) Experts.

(h)(1) Adjudication trials. Any person who has been identified as an expert whose opinions may be presented at the adjudication trial must be disclosed by the party intending to present the witness at least ten days prior to the trial or hearing unless modified by the court. If ordered by the court, a summary of the proposed testimony signed by the party or the party's attorney shall be filed at the same time.

(h)(2) Termination of parental rights trials. Any person who has been identified as an expert whose opinions may be presented at the termination of parental rights trial must be disclosed by the party intending to present the witness at least thirty days prior to the trial or hearing unless modified by the court. Unless an expert report has been provided, a summary of the proposed testimony signed by the party or the party's attorney shall be filed at the same time.

(h)(3) A party may not present the testimony of an expert witness without complying with this paragraph (h) unless the court determines that good cause existed for the failure to disclose or to provide the summary of proposed testimony.

(i) Protective orders. Any party or person from whom discovery is sought may request a protective order pursuant to Utah R. Civ. P.37(b).

(j) Supplementation of responses. Parties have a duty to supplement responses and disclosures pursuant to Utah R. Civ. P. 26(d).

(k) Failure to cooperate in discovery. As applicable, failure to cooperate with discovery shall be governed by Utah R. Civ. P. 37.

(l) No discovery can be taken that will interfere with the statutorily imposed time frames.

(m) Subpoenas are governed by Utah R. Civ. P. 45.

(a) Upon the return of an indictment alleging the commission of a felony governed by Utah Code section 80-6-503, the court shall issue either a warrant for the arrest or a summons for the appearance of the minor.

(b) Upon the filing of an information alleging the commission of a felony governed by Utah Code section 80-6-503, if it appears from the information, or from any affidavit filed with the information, that there is probable cause to believe that an offense governed by this section has been committed and that the minor has committed it, the court shall issue either a warrant for the arrest or a summons for the appearance of the minor.

(c) If it appears to the court that the minor will appear on a summons and there is no substantial danger of a breach of the peace, or injury to persons or property, or danger to the community, a summons may issue in lieu of a warrant of arrest to require the appearance of the minor. A warrant of arrest may issue in cases where the minor has failed to appear in response to a summons or citation or thereafter when required by the court. If a warrant of arrest is issued, the court shall state on the warrant:

(1) the name of the law enforcement agency in the county or municipality with jurisdiction over the offense charged; and

(2) whether the minor is to be taken to court, a detention facility, or a correctional facility.

(d) The warrant shall be executed by a peace officer. The summons may be served by a peace officer or any person authorized to serve a summons in a civil action.

(1) The warrant may be executed or the summons may be served at any place within the state.

(2) The warrant shall be executed by the arrest of the minor. The officer need not possess the warrant at the time of the arrest, but upon request shall show the warrant to the minor as soon as practicable. If the officer does not possess the warrant at the time of the arrest, the officer shall inform the minor of the offense charged and of the fact that the warrant has been issued. The summons shall be served as in civil actions, or by mailing it to the minor's last known address.

(3) The person executing a warrant or serving a summons shall make return thereof to the juvenile court as soon as practicable. At the request of the prosecuting attorney, any unexecuted warrant shall be returned to the court for cancellation.

(a) When a summons is issued in lieu of a warrant of arrest, the minor must appear before the court as directed in the summons.

(b) When any peace officer or other person makes an arrest of a minor without a warrant, the minor must be taken to a juvenile detention facility pending a detention hearing, which must be held as provided by these rules. When any peace officer makes an arrest of a minor with a warrant, the minor must be taken to the place designated on the warrant. If an information has not been filed, one must be filed without delay in the court with jurisdiction over the offense.

(c) If a minor is arrested in a county other than where the offense was committed the minor must without unnecessary delay be returned to the county where the crime was committed and must be taken before a judge of the juvenile court.

(d) The court will, upon the minor’s first appearance, inform the minor:

(1) of the charge in the information or indictment and furnish the minor with a copy;

(2) of any affidavit or recorded testimony given in support of the information and how to obtain them;

(3) of the right to retain counsel or have counsel appointed by the court;

(4) of rights concerning detention, pretrial release, and bail in the event the minor is bound over to stand trial in district court; and

(5) that the minor is not required to make any statement, and that any statements made may be used against the minor in a court of law.

(e) The court will, after providing the information under paragraph (d) and before proceeding further, allow the minor reasonable time and opportunity to consult counsel and will allow the minor to contact any attorney by any reasonable means, without delay and without fee.

(f) The minor may not be called on to enter a plea. During the initial appearance, the minor will be advised of the right to a preliminary hearing. If the minor waives the right to a preliminary hearing, the court will proceed in accordance with Rule 23A to hear evidence regarding the factors contained in Utah Code section 80-6-504(3).

(g) If the minor does not waive a preliminary hearing, the court will schedule the preliminary hearing. The preliminary hearing will be held within a reasonable time, but not later than ten days after the initial appearance if the minor is in custody for the offense charged. The preliminary hearing will be held within a reasonable time, but no later than 30 days after the initial appearance if the minor is not in custody. The time periods of this rule may be extended by the court for good cause shown.

(h) If a grand jury indicts a minor for a qualifying offense listed in Utah Code section 80-6-503, the court will proceed in accordance with Utah Code section 80-6-504(11).

(i) A preliminary hearing will be held under the rules and laws applicable to criminal cases tried before a court. The state has the burden of proof and will proceed first with its case. At the conclusion of the state's case, the minor may testify under oath, call witnesses, and present evidence. The minor may cross-examine adverse witnesses.

(j) If from the evidence the court finds probable cause under Utah Code section 80-6-504(2)(a), the court will proceed in accordance with Rule 23A to hear evidence regarding the factors contained in Utah Code section 80-6-504(3).

(k) The finding of probable cause may be based, in whole or in part, on reliable hearsay. Objections to evidence on the ground that it was acquired by unlawful means may not be raised at the preliminary hearing.

(l) If the court does not find probable cause to believe that the crime charged has been committed or that the minor committed it, the court will dismiss the information and discharge the minor. The court may enter findings of fact, conclusions of law, and an order of dismissal. The dismissal and discharge do not preclude the state from instituting a subsequent prosecution for the same offense.

(m) At a preliminary hearing, upon request of either party, and subject to Title 77, Chapter 38, Rights of Crime Victims Act, the court may:

(1) exclude witnesses from the courtroom;

(2) require witnesses not to converse with each other until the preliminary hearing is concluded; and

(3) exclude spectators from the courtroom.

(a) If a criminal indictment under Utah Code section 80-6-503 alleges the commission of a felony, the court shall, hear evidence and consider the factors in paragraph (b).

(b) If a criminal information under Utah Code section 80-6-503 alleges the commission of a felony, after a finding of probable cause in accordance with Rule 22, the court shall hear evidence and consider the factors and make findings on:

(1) the seriousness of the qualifying offense and whether the protection of the community requires that the minor be detained beyond the amount of time allowed under Utah Code section 80-6-601, or beyond the age of continuing jurisdiction that the court may exercise under Utah Code section 80-6-605;

(2) the extent to which the minor’s actions in the qualifying offense were committed in an aggressive, violent, premeditated, or willful manner;

(3) the minor’s mental, physical, educational, trauma, and social history;

(4) the criminal record or history of the minor; and

(5) the likelihood of the minor’s rehabilitation by the use of services and facilities that are available to the court.

(c) The court may consider any written report or other materials that relate to the minor’s mental, physical, educational, trauma, and social history. Upon request by the minor, the minor’s parent, guardian, or other interested party, the court shall require the person preparing the report, or other material, to appear and be subject to direct and cross-examination.

(d) At the preliminary examination the minor may testify under oath, call witnesses, cross examine witnesses, and present evidence.

(e) If the court does not find by a preponderance of evidence that it would be contrary to the best interest of the minor and the best interests of the public to bind the minor over to the jurisdiction of the district court, the court shall enter an order directing the minor to answer the charges in district court.

(f) Upon entry of an order directing the minor to answer the charges in district court, the court shall comply with the requirements of Title 77, Chapter 20, Bail. By issuance of a warrant of arrest or continuance of an existing warrant, the court shall make an initial determination on where the minor is held until the time of trial. The court shall enter the appropriate written order.

(1) Once the minor is bound over to district court, a determination regarding where the minor is held shall be made pursuant to Utah Code section 80-6-504.

(2) The clerk of the juvenile court shall transmit to the clerk of the district court all pleadings in and records made of the proceedings in the juvenile court.

(3) The jurisdiction of the court shall terminate as provided by statute.

(g) If the court finds probable cause to believe that a felony has been committed and that the minor committed it and also finds that it would be in the best interests of the minor and the public for the juvenile court to retain jurisdiction over the offense, the court shall proceed upon the information as if it were a petition. The court may order the minor held in a detention center or released in accordance with Rule 9.

(a) An arraignment shall be held within 30 days from the filing of the petition, or within 10 days if the minor is held in detention, unless otherwise ordered by the court for good cause shown.

(b) At the arraignment the court shall inform the minor and the minor's parent, guardian or custodian:

(b)(1) of their right to further time, unless waived, if service was not accomplished as provided in Rule 18;

(b)(2) of the nature and elements of each allegation contained in the petition;

(b)(3) of their right to retain counsel, or if indigent, to have counsel appointed by the court;

(b)(4) of their right to a reasonable time to consult with counsel before entering a plea;

(b)(5) of the minor's right against self-incrimination; and

(b)(6) that the state has the burden to prove the allegations of the petition beyond a reasonable doubt.

(c) After providing the information set forth in paragraph (b) and ascertaining that all necessary parties are present, the court shall call upon the minor to admit or deny the truth of the allegations by plea.

Advisory Committee Notes

This rule should not be interpreted as establishing or limiting any rights. The rights noted in this rule are established by statute, constitution, or caselaw. The purpose of this rule is to require that the parties be advised of their rights.

(a) A minor may tender a denial, an admission, or a plea of no contest pursuant to Utah Code section 80-6-306 and this rule.

(b) When a denial is entered, the court shall set the matter for a trial hearing or for a pre-trial conference.

(c) The court may refuse to accept an admission or a plea of no contest and may not accept such plea until the court has found:

(1) that the right to counsel has been knowingly waived if the minor is not represented by counsel;

(2) that the plea is voluntarily made;

(3) that the minor and, if present, the minor's parent, guardian, or custodian, have been advised of, and the minor understands and has knowingly waived, the right against compulsory self-incrimination, the right to be presumed innocent, the right to a speedy trial, the right to confront and cross-examine opposing witnesses, the right to testify and to have process for the attendance of witnesses;

(4) that the minor and, if present, the minor's parent, guardian, or custodian have been advised of the consequences which may be imposed after acceptance of the admission of the alleged offense or plea of no contest;

(5) that the minor understands the nature and elements of the offense to which the plea is entered, that upon trial the prosecution would have the burden of proving each of those elements beyond a reasonable doubt, and that the plea is an admission of all those elements;

(6) that there is a factual basis for the plea; and

(7) where applicable, the provisions of paragraph (e) have been met.

(d) Plea discussions and agreements are authorized in conformity with the provisions of Utah Rule of Criminal Procedure 11. The prosecuting attorney may enter into discussions and reach a proposed plea agreement with the minor through the minor's counsel, or if the minor is not represented by counsel, directly with the minor. However, the prosecuting attorney may not enter into settlement discussions with a minor not represented by counsel unless the parent, guardian or custodian is advised of the discussion and given the opportunity to be present.

(e)If the court, pursuant to Utah Code section 80-6-306, delays entry of a minor's admission, the court will, upon motion of the court or any party, make a finding on whether the minor has successfully completed the imposed conditions. If the motion is unopposed, the court may make its finding without a hearing. If the motion is opposed, the court will hold a hearing, and then make its finding. After the court makes its finding, it will issue an order pursuant to Utah Code section 80-6-306.

A request to withdraw an admission or a plea of no contest made pursuant to Utah Code section 80-6-306 shall be made within 30 days after entering an admission or a plea of no contest, even if the court has imposed disposition. If the court has not imposed dispositional orders, such orders shall not be announced unless the motion to withdraw is denied.

(a) A minor who is the subject of a delinquency petition filed pursuant to Utah Code section 78A-6-103 or a criminal information filed pursuant to Utah Code section 78A-6-103.5 shall be advised of the following rights:

(1) to appear in person and to defend in person or by counsel;

(2) to receive a copy of the petition which contains the allegations against the minor;

(3) to testify in the minor's own behalf;

(4) to be confronted by the witnesses against the minor;

(5) to have compulsory process to ensure the attendance of witnesses in the minor's behalf;

(6) to be represented by appointed counsel at all stages of the proceedings;

(7) to remain silent and to be advised that anything the minor says can and will be used against the minor in any court proceedings; and

(8) to appeal any adjudication against the minor in the manner provided by law.

(b) Parties other than the minor have the right to be represented by counsel retained by them and to participate as provided in these rules.

(c)A minor may not waive the right to counsel before:

(1) the minor has consulted with counsel; and

(2) the court is satisfied that in light of the minor's unique circumstances and attributes:

(A) the minor's waiver is knowing and voluntary; and

(B) the minor understands the consequences of the waiver.

(a) Minors in Custody. A motion to photograph or fingerprint a child under the age of 14 who is taken into custody for the alleged commission of an offense that would be a felony if committed by an adult, may be granted upon such terms as the court shall order. The court may make any further order it deems necessary as to the disposition of any fingerprints and limitations regarding their disclosure or distribution pursuant to UtahCode section 80-6-608.

(b) Discovery Procedures with Minors. Upon motion and notice to the minor's counsel, or to the minor's parent, guardian or custodian in the absence of counsel, and upon a showing that the discovery sought will be of material aid in determining whether the minor committed the alleged offense, the court may order a minor to submit to one or more of the investigative procedures listed in Utah Rule of Criminal Procedure 16. Whenever the personal appearance of the minor is required for any ordered discovery procedure, the prosecuting attorney shall inform the minor's parent, guardian or custodian and counsel of the time and place of the procedure.

(c) Medical Supervision. Blood tests shall be conducted under medical supervision. The court may require medical supervision for any other test ordered pursuant to this rule when the court deems such supervision necessary. Upon motion, the court may order the minor's appearance delayed for a reasonable time or may order that tests take place at the minor's residence or some other convenient place.

(d) Notice of Results of Disclosure. The prosecuting attorney shall make the results of the discovery procedures provided by this rule available within 5 days from the date the results become known to the minor, unless otherwise ordered by the court.

(e) HIV Testing. HIV testing shall be conducted as provided in Utah Code section 80-6-608.

(a) The custodial interrogation of a child for an offense is governed by Utah Code section 80-6-206.

(b) The state shall retain the burden of proving by a preponderance of the evidence that any waiver of the child's constitutional rights was knowing, voluntary, and satisfied the requirements outlined in Utah Code section 80-6-206.

(a) Proceedings concerning alleged violations of law shall be scheduled and conducted separately for each minor except as provided hereafter.

(b) Where more than one minor is involved in the same law violation or criminal episode, and all such minors are apprehended and charged at or about the same time, proceedings may be consolidated and heard together before the same judge. However, if any party objects to consolidation on the record or in writing, remaining proceedings shall be heard separately as to the objecting minor. The court may, for good cause shown, order that any such separate hearings be held with respect to disposition whether requested or not.

(c) Proceedings with respect to minors in the same family or household, even when they do not involve allegations of the same law violations or criminal episode, may be consolidated unless objected to by any party. In that event, the court shall schedule separate hearings to protect the interest of the objecting party as appears appropriate.

(d) Where a minor is named in a petition which alleges violations of the law and in a separate petition alleging other grounds for jurisdiction, such as dependency or neglect, the petitions may be consolidated.

(a) When a minor is charged in a petition with the commission of offenses in more than one county, all proceedings except the trial may take place on all charges in the county in which the petition is filed.

(b) If a minor denies some or all of the charges for those offenses committed outside the county in which the arraignment takes place, the court may enter such denial and set the matter for a pre-trial conference, or refer such charges to the prosecuting attorney for the county in which the offenses are alleged to have occurred. If the offenses are alleged to have occurred in a county which is within the same judicial district, the arraigning court may order that the matter be scheduled for trial in that county.

(c) Out of county charges may be included in a proposed pleas agreement as provided in Rule 25. Such charges shall not be dismissed by the court except on motion of the prosecuting attorney for the county where the offenses are alleged to have occurred, or on the court's own motion as part of a plea agreement approved by the court.

(d) Where charges are referred to another county for further proceedings, the clerk of the court where the petition was filed shall transmit all pertinent documents, including the petition, summons, minutes and orders to the receiving court clerk. The receiving court shall proceed with the case as if the petition had been originally filed and arraignment held in that court.

(a) In any delinquency proceeding or proceeding under Title 80, Chapter 6, Part 5, Transfer to District Court concerning a charge of child abuse or of a sexual offense against a child, the oral statement of a victim or other witness younger than 14 years of age that was recorded prior to the filing of a petition is, upon motion and for good cause shown, admissible as evidence in any court proceeding regarding the offense if all of the following conditions are met:

(1) the child is available to testify and to be cross-examined at trial, either in person or as provided by law, or the child is unavailable to testify at trial, but the minor had a previous opportunity to cross-examine the child concerning the recorded statement, such that the minor's rights of confrontation are not violated;

(2) no attorney for either party is in the child's presence when the statement is recorded;

(3) the recording is visual and aural and is recorded on film or videotape or by other electronic means;

(4) the recording is accurate and has not been altered;

(5) each voice in the recording is identified;

(6) the person conducting the interview of the child in the recording is present at the proceeding and is available to testify and be cross-examined by either party;

(7) the minor and the minor's attorney are provided an opportunity to view the recording before it is shown to the court; and

(8) the court views the recording and determines that it is sufficiently reliable and trustworthy and that the interest of justice will best be served by admission of the statement into evidence.

(b) In any delinquency proceeding or proceeding under Title 80, Chapter 6, Part 5, Transfer to District Court concerning a charge of child abuse or of a sexual offense against a child, the court upon motion of a party and for good cause shown, may order that the testimony of any victim or other witness younger than 14 years of age be taken in a room other than the courtroom. All of the following conditions shall be observed:

(1) Only the judge, attorneys for each party, the testifying child (if any), persons necessary to operate equipment, and a counselor or therapist whose presence contributes to the welfare and emotional well-being of the child may be in the room during the child's testimony. The minor who consents to be hidden from the child's view may also be present unless, the court determines that the child will suffer serious emotional or mental strain if required to testify in the minor's presence, or that the child's testimony will be inherently unreliable if required to testify in the minor's presence. If the court makes that determination, or if the minor consents:

(A) the minor may not be present during the child's testimony;

(B) the court shall ensure that the child cannot hear or see the minor;

(C) the court shall advise the child prior to testifying that the minor is present at the trial and may listen to the child's testimony;

(D) the minor shall be permitted to observe and hear the child's testimony, and the court shall ensure that the minor has a means of two-way telephonic communication with defense counsel during the child's testimony; and

(E) the conditions of a normal court proceeding shall be approximated as nearly as possible.

(2) Only the judge and attorneys may question the child.

(3) As much as possible, persons operating equipment shall be confined to an adjacent room or behind a screen or mirror so the child cannot see or hear them.

(4) If the minor is present with the child during the child's testimony, the court may order that persons operating the closed circuit equipment film both the child and the minor during the child's testimony, so that the court may view both the child and the minor, if that may be arranged without violating other requirements of Subsection (b)(1).

(c) In any delinquency proceeding or proceeding under Title 80, Chapter 6, Part 5, Transfer to District Court concerning a charge of child abuse or of a sexual offense against a child, the court may order, upon motion of a party and for good cause shown, that the testimony of any victim or other witness younger than 14 years of age be taken outside the courtroom and be recorded. That testimony is admissible as evidence, for viewing in any court proceeding regarding the charges if the provisions of Subsection (b) are observed, in addition to the following provisions:

(1) the recording is both visual and aural and recorded on film or videotape or by other electronic means;

(2) the recording is accurate and is not altered;

(3) each voice on the recording is identified; and

(4) each party is given an opportunity to view the recording before it is shown in the courtroom.

(d) If the court orders that the testimony of a child be taken under Subsection (b) or (c), the child may not be required to testify in court at any proceeding where the recorded testimony is used.

This Rule was repealed on 9/1/2024.

(a) A citation issued pursuant to Utah Code section 80-6-302 shall be sufficient to invoke the jurisdiction of the juvenile court in any offense listed in that section.

(b) Procedure. Whenever a citation is issued pursuant to Utah Code section 80-6-302, a copy of the citation filed with the juvenile court may be used in lieu of a petition upon which the minor may appear and admit the offense, upon which the court may make a disposition, or upon which the court may accept bail in lieu of appearance. If the minor fails to appear on a citation or fails to tender the fine as bail in cases where bail is permitted in lieu of appearance, a petition or order to show cause may be filed and further proceedings held as provided in these rules.

(c) Where a citation has been filed with the juvenile court for an offense, the minor cited, pursuant to Utah Code section 80-6-302, shall be allowed to post bail without further court appearance except as provided in this rule.

(d) The bail amount for each such offense shall be included in a written notice of bailable offenses in accordance with the bail/fine schedule approved by the Judicial Council. The bail amount may immediately be forfeited as a fine and shall be deemed a conviction of the offense charged if the notice has been given to the cited minor and the notice advises the minor and the minor's parent, guardian or custodian that payment of the fine constitutes an admission of guilt.

(e) A juvenile court district may, or where required by statute shall, designate repeat offenses for which an appearance or additional bail is required.

(f) In other circumstances, a minor in a detention facility may have a right to bail pursuant to Utah Code section 80-6-207.

This Rule was repealed on 11/1/2024.

(a) Proceedings involving a child alleged to be beyond control of the child’s parent, guardian or lawful custodian, or alleged to be a runaway, shall be initiated by petition.

(b) A petition shall be accepted by the clerk only if it is filed by the Division of Juvenile Justice Services.

(c) The petition must allege the earnest and persistent efforts by the agency, the child’s out of control behavior, the behavior or other condition that endangers the child’s welfare or the welfare of others, and the actions taken which have failed to correct the behavior. In the alternative, the allegations may be made by affidavit accompanying the petition.

(a) Pre-adjudication evaluations and examinations.

(a)(1) On the motion of the petitioner or any other party in open court in a post-petition hearing, or by written motion filed with the court with a proposed order attached, the court may, prior to adjudication, order that the minor be examined or evaluated by a physician, surgeon, psychiatrist, psychologist or other competent specialist, and may order that the minor be placed in a hospital or other facility for such purpose. The motion shall state the reasons for the examination or evaluation and the need for an examination prior to adjudication.

(a)(2) The court may order a similar examination of the minor's parent, guardian or custodian who is a party to the proceedings and whose ability to care for the minor is at issue, or where it is alleged that the physical, mental or emotional condition of the person is a factor in the alleged neglect, abuse or dependency of the minor. Such an order shall be issued only after notice and a hearing unless waived in writing or on the record.

(b) Emergency medical care. Upon the petition of an interested person or agency and the sworn testimony of one or more reputable physicians alleging that emergency medical or surgical treatment of a minor is immediately necessary and that necessary authorization cannot with reasonable diligence be obtained from the minor's parent, guardian or custodian, the court may issue an ex parte order authorizing such treatment pending service of notice upon the parent, guardian or custodian. The testimony of the physician may be presented to the court by recorded telephonic communication, and if not recorded, the substance shall be reduced to writing by the court for the record.

(c) Restraining orders. At any time after the filing of a petition, on motion of any party and good cause shown, the court may issue a temporary restraining order directing a party to refrain from harassing, abusing, annoying, visiting or interfering with any other party or the subject minor. The court shall schedule a hearing on the motion within 10 days unless the hearing date is extended by the court for good cause shown for an additional 10 day period, or unless the party against whom the order is directed waives such hearing or consents to an extension for a longer period. In the hearing, the restraining order may be vacated, extended as originally issued or modified.

(a) Petitions in non-delinquency cases shall be scheduled for an initial pre-trial hearing.

(b) The pre-trial hearing shall be scheduled on the nearest court calendar date available in all cases where the subject minor is in temporary shelter care custody in accordance with Utah Code section 80-3-401.

(c) In the pre-trial hearing, the court shall advise the parent, guardian or custodian of the minor's rights and of the authority of the court in such cases. In the hearing or in any continuance of the hearing, the parent, guardian or custodian shall answer the petition in open court.

(d) Before answering, the respondent may move to dismiss the petition as insufficient to state a claim upon which relief can be granted. The court shall hear all parties and rule on said motion before requiring a party to answer.

(e) A respondent may answer by admitting or denying the specific allegations of the petition, or by declining to admit or deny the allegations. Allegations not specifically denied by a respondent shall be deemed true.

(f) Except in cases where the petitioner is seeking a termination of parental rights, the court may enter the default of any respondent who fails to file an answer, or who fails to appear either in person or by counsel after having been served with a summons or notice pursuant to Rule 18. Allegations relating to any party in default shall be deemed admitted unless the court, on its own motion, or the motion of any party not in default, shall require evidence in support of the petition. Within the time limits set forth in Utah R. Civ. P. 60(b), upon the written motion of any party in default and a showing of good cause, the court may set aside an entry of default.

(a) At the commencement of the initial pre-trial hearing, if the parent, guardian or custodian appears pro se, the court shall advise the parent, guardian or custodian of the right to the assistance of counsel at all stages of the proceeding including the right to apply to the court for the appointment of counsel if indigent. If appointment of counsel is requested, the court may proceed to examine the parent, guardian or custodian concerning eligibility for appointed counsel or the court may continue the pre-trial hearing and require the parent, guardian or custodian to file an affidavit or other evidence as deemed appropriate by the court for a determination as to eligibility for appointed counsel.

(b) If the parent, guardian or custodian waives the right to counsel and elects to proceed pro se, the court shall explain the nature of the action sought by the petitioner.

(c) Pursuant to Utah Code section 78A-2-803, the court shall appoint a guardian ad litem to represent any child named in a petition alleging child abuse, child sexual abuse, neglect, or dependency which results in a judicial proceeding.

(d) The court in its discretion or upon motion of a party may schedule further pre-trial hearings or conferences as may be necessary to expedite adjudication or disposition, consider discovery issues, formulate or simplify trial issues or facilitate possible settlement negotiations.

(a) Pleadings and hearings before juvenile court.

(a)(1) When an issue of support, custody or parent time has been transferred by the district court to the juvenile court pursuant to Section78A-6-104, and/or a conference under Rule 100 of the Utah Rules of Civil Procedure, the juvenile court shall schedule the matter for a pre-trial hearing and notify all parties. At such hearing, the juvenile court shall consider issues relating to discovery, custody evaluations and interim orders and shall schedule a trial hearing on all issues to be tried.

(a)(2) The party filing documents raising the issue of support, custody or parent time shall inform the court and all parties of any outstanding custody and/or parent time orders from any other court.

(a)(3) All pleadings and orders prepared subsequent to the transfer shall contain the caption for the case in both courts.

(a)(4)The rules concerning discovery, admissibility of evidence and standard of proof applicable to such proceedings in the district court shall be followed in the juvenile court.

(a(5) The juvenile court may appoint a guardian ad litem for the child in such proceedings and assess the cost to one or both parties.

(b) Modification of prior district court decrees and orders.

(b)(1) Orders and decrees entered by the juvenile court in proceedings transferred from the district court for a determination of issues regarding custody, support and parent time shall constitute a modification of any prior district court order or decree concerning such issues involving the same minor. Certified copies of such juvenile court orders and decrees shall contain the captions of both courts and be filed by the prevailing party, or as otherwise directed by the court, with the clerk of the district court for inclusion in the district court file.

(b)(2) In cases where a support, custody or parent time determination has been made by the district court and jurisdiction of the district court is continuing, and an order has been entered in a subsequent juvenile court proceeding that is inconsistent with the prior district court order, on motion of any party or upon the juvenile court's own motion, a certified copy of the juvenile court's order shall be filed with the clerk of the district court. Certified copies of such juvenile court orders and decrees shall contain the captions of both courts and be filed by the prevailing party, or as otherwise directed by the court, with the clerk of the district court for inclusion in the district court file.

(a) Child protective order proceedings are governed by Utah Code Title 78B, Chapter 7, Part 1, General Provisions and Part 2, Child Protective Orders. Protective order proceedings may be commenced as an independent action by filing a petition. Any interested person may file a petition for a protective order on behalf of a child as provided by statute. The petitioner shall first make a referral to the division. If an immediate ex parte protective order is requested pending a hearing, the petition or an accompanying affidavit shall set forth the facts constituting good cause for issuance of the ex parte order.

(b) If the petitioner is the agent of a public or private agency, including a law enforcement agency, the petition shall set forth the agent's title and the name of the agency that the petitioner represents.

(c) Petitions for protective orders by a public agency shall not be accepted by the clerk unless reviewed and approved by the attorney for the public agency, whose office shall represent the petitioner in such cases.

(d) If the court finds in the hearing that the allegations of the petition have been established, the court may assess petitioner's costs and attorney fees against the respondent. If the court finds that the petition is without merit, the respondent's costs and attorney fees may be assessed against petitioner.

(e) If an ex parte order has been issued, the hearing must be held within 21 days.

(a) In any abuse, neglect, dependency, or substantiation proceeding, the oral statement of a child may be recorded, and upon motion and for good cause shown is admissible as evidence in any court proceeding regarding the petition if all of the following conditions are met:

(1) no attorney for any party is in the child's presence when the statement is recorded;

(2) the recording is visual and aural and is recorded on film or videotape or by other electronic means;

(3) the recording equipment is capable of making an accurate recording, the operator of the equipment is competent, and the recording is accurate and has not been altered;

(4) each voice in the recording is identified;

(5) the person conducting the interview of the child in the recording is present at the proceeding and is available to testify and be cross-examined by either party;

(6) the parties and the parties' attorneys are provided an opportunity to view the recording before it is shown to the court;

(7) the court views the recording and determines that it is sufficiently reliable and trustworthy and that the interest of justice will best be served by admission of the statement into evidence; and

(8) the child is available to testify and to be cross-examined at trial, either in person or as provided by Subsection (b) or (c), or the court determines that the child is unavailable as a witness to testify at trial under the Utah Rules of Evidence. For purposes of this subsection "unavailable" includes a determination, based on medical or psychological evidence or expert testimony, that the child would suffer serious emotional or mental strain if required to testify at trial.

(b) In any abuse, neglect, dependency, or substantiation proceeding, the court may order that the testimony of any child may be taken in a room other than the courtroom. All of the following conditions must be observed:

(1) Only the judge, attorneys for each party, persons necessary to operate equipment, and a counselor or therapist whose presence contributes to the welfare and emotional well-being of the child may be with the child during the testimony. The parties may also be present during the child's testimony unless a party consents to be hidden from the child's view, or the court determines that the child will suffer serious emotional or mental strain if required to testify in the party's presence, or that the child's testimony will be unreliable if required to testify in the party's presence. If the court makes that determination, or if the party consents:

(A) the party may not be present during the child's testimony;

(B) the court will ensure that the child cannot hear or see the party;

(C) the court will advise the child prior to testifying that the party is present at the trial and may listen to the child's testimony;

(D) the party must be permitted to observe and hear the child's testimony, and the court will ensure that the party has a means of two-way telephonic communication with counsel during the child's testimony;

(E) normal court procedures must be approximated as nearly as possible;

(2) Only the judge and attorneys may question the child unless otherwise approved by the judge;

(3) As much as possible, persons operating equipment must be confined to an adjacent room or behind a screen or mirror so the child cannot see or hear them.

(c) In any abuse, neglect, dependency, or substantiation proceeding, the court may order that the testimony of any child be taken outside the courtroom and be recorded. That testimony is admissible as evidence, for viewing in any court proceeding regarding the allegations if the provisions of Subsection (b) are observed, in addition to the following provisions:

(1) the recording is both visual and aural and recorded on film or videotape or by other electronic means;

(2) the recording equipment is capable of making an accurate recording, the operator is competent, and the recording is accurate and is not altered;

(3) each voice on the recording is identified; and

(4) each party is given an opportunity to view the recording before it is shown in the courtroom.

(d) If the court orders that the testimony of a child be taken under Subsection (b) or (c), the child may not be required to testify in court at any proceeding where the recorded testimony is used.

This Rule was repealed on 9/1/2024.

(a) All cases in which the juvenile court has jurisdiction over a criminal offense committed by an adult shall be commenced by an information filed by the prosecuting attorney of the county where the offense is alleged to have occurred. The information and all court proceedings shall be in accordance with the Utah Rules of Criminal Procedure, except that a jury shall consist of four persons. If a jury trial is demanded by the defendant, the court may transfer the case to a district court.

(b) The court may permit diversion of an adult criminal offense pursuant to Utah Code Ann. § 77-2-1 et seq. upon recommendation of the prosecuting attorney.

(a) Any parent, guardian, or custodian of a minor who willfully fails or refuses to produce the minor in court in response to a summons or order of the court may be proceeded against for contempt of court pursuant to Title 78B, Chapter 6 Contempt. Any person made the subject of a court order who willfully fails or refuses to comply with the order may be proceeded against for contempt of court.

(b) Contempt proceedings involving conduct occurring out of the presence of the court shall be initiated by a motion for an order by the court that the person alleged to be in contempt be ordered to appear and show cause why he should not be found in contempt and punished as provided by law. Such motion must be accompanied by an affidavit setting forth the conduct alleged to constitute the contempt. Such motion may be filed by any party to the proceeding or by an officer of the court.

(c) The court may issue a warrant for the arrest of any person who has failed to appear in response to a summons. Upon appearance, the court may find such person in contempt of court unless it appears that there was reasonable cause for the failure to obey the summons.

(a) In all hearings where the allegations of the petition are in issue, testimony and evidence in support of the allegations shall be elicited by the prosecuting attorney or the attorney for the petitioner. All other parties shall also have the right to present evidence and testimony. If the allegations or any of them are not controverted or denied, but testimony or evidence appears necessary in the interest of justice, such testimony may be elicited by the court or any party.

(b) The order of presentation of the evidence shall proceed as in other courts of record. Following the presentation of evidence, the parties shall be afforded an opportunity to address the court in summary and for the purpose of assisting the court in interpreting and construing the evidence.

(c) Findings of fact may be announced at the conclusion of the trial or may be reserved for entry by the court at a later time consistent with Rule 3-104(3)(L) of the Code of Judicial Administration. Following adjudication, the court may proceed immediately to disposition or may continue the case to another date for disposition hearing.

The burden of proof in matters brought before the juvenile court shall be as follows:

(a) criminal and delinquency cases must be proved beyond a reasonable doubt;

(b) neglect, abuse and dependency cases and cases involving the permanent deprivation of parental rights must be proved by clear and convincing evidence unless otherwise provided by law;

(c) matters regarding child custody, support, and visitation certified by the district court to the juvenile court must be proved by a preponderance of the evidence; and

(d) motions and matters regarding protective orders must be proved by a preponderance of the evidence.

Advisory Committee Notes

Paragraph (b) has been amended to acknowledge that other bodies of law, such as the Indian Child Welfare Act, may provide a burden of proof different than clear and convincing evidence.

At all hearings and adjudications, exhibits shall be handled in accordance with Code of Judicial Administration Rule 4-206.

(a) Except as set forth herein or as otherwise provided by law, the juvenile court shall adhere to the Utah Rules of Evidence.

(b) All oral testimony before the court shall be given under oath unless waived by the parties, and may be narrative in form or by stipulated proffer of testimony or as otherwise provided by these Rules.

(c) Written notice of the intent to offer a statement under Utah Code sections 80-3-108 and 80-4-107 must be given to all parties at least five days prior to the adjudication hearing in which the statement is going to be offered. The court may, upon good cause shown, waive the requirement for five days’ notice.

(a) If, upon the conclusion of an adjudicatory hearing, the court determines that the material allegations of the petition are established, it shall announce its ruling. The findings of fact upon which it bases its determination may also be announced or reserved for entry by the court in an order as provided in these Rules. In cases concerning any minor who has violated any federal, state, or local law or municipal ordinance, or any person under 21 years of age who has violated any such law or ordinance before becoming 18 years of age, findings of fact shall not be necessary. If, after such a determination, the dispositional hearing is not held immediately and the minor is in detention or shelter care, the court shall determine whether the minor shall be released or continued in detention, shelter care or the least restrictive alternative available.

(b) In proceedings under Utah Code sections 80-6-402, 80-6-503, and 80-6-504, and in abuse, neglect, dependency, termination of parental rights, and contested adoption cases, the court shall enter findings of fact and conclusions of law with specific reference to each statutory requirement considered, setting forth the complete basis for its determination. Such findings and conclusions may be prepared by counsel at the direction of the court, but shall be reviewed and modified as deemed appropriate by the court prior to the court's acceptance and signing of the documents submitted by counsel.

(c) The court may at any time during or at the conclusion of any hearing, dismiss a petition and terminate the proceedings relating to the minor if such action is in the interest of justice and the welfare of the minor. The court shall dismiss any petition which has not been proven.

(d) After the dispositional hearing, the court shall enter an appropriate order or decree of disposition.

(e) Adjudication of a petition alleging abuse, neglect, or dependency of a child shall be conducted also in accordance with Utah Code sections 80-3-201 and 80-3-401.

(f) Adjudication of a petition to review the removal of a child from foster care shall be conducted also in accordance with Utah Code section 80-3-502.

(a) Delinquency cases.

(1) Unless waived by the court, a dispositional report shall be prepared in all proceedings which result in the filing of a petition. The dispositional report shall be deemed waived, unless otherwise ordered, in all traffic, fish and game and boating cases, and other bailable offenses. The report shall conform to the requirements in the Code of Judicial Administration.

(2) Investigation of the minor and family for the purpose of preparing the dispositional report shall not be commenced before the allegations have been proven without the consent of the parties.

(3) The dispositional report shall not be viewed or considered by the judge before the adjudication of the charges or allegations to which it pertains. If no dispositional report has been prepared or completed before the dispositional hearing, or if the judge wishes additional information not contained in the report, the dispositional hearing may be continued for a reasonable time to a date certain.

(4) The dispositional report shall be provided to the minor's counsel, the prosecuting attorney, the guardian ad litem, if applicable, and counsel for the parent, guardian, or custodian of the minor, if applicable, at least two business days prior to the dispositional hearing. When the minor or the minor’s parent, guardian, or custodian are not represented by counsel, the court may limit inspection of reports by the minor or the minor’s parent, guardian, or custodian if the court determines it is in the best interest of the minor to do so.

(b) Neglect, abuse, and dependency cases.

(1) For the purpose of determining proper disposition of the case, written reports and other material relating to the minor’s mental, physical, and social history and condition may be received in evidence and may be considered by the court along with other evidence. The court may require that the person who wrote the report or prepared the material appear as a witness if the person is reasonably available.

(2) The juvenile court shall review and receive each dispositional report submitted by the Division of Child and Family Services as described in Utah Code section 80-3-408.

(a) Disposition hearings may be separate from the hearing at which the petition is proved or may follow immediately after that portion of the hearing at which the allegations of the petition are proved. Disposition hearings shall be conducted in an informal manner to facilitate the opportunity for all participants to be heard.

(b) The court may receive any information that is relevant to the disposition of the case including reliable hearsay and opinions. Counsel for the parties are entitled to examine under oath the person who prepared the pre-disposition report if such person is reasonably available. The parties are entitled to compulsory process for the appearance of any person, including character witnesses, to testify at the hearing. A minor's parent or guardian may address the court regarding the disposition of the case, and may address other issues with the permission of the court.

(c) After the disposition hearing, the court shall enter an appropriate order. After announcing its order, the court shall advise any party who is present and not represented by counsel of the right to appeal the court's decision.

(d) The disposition order made and entered by the court shall be reduced to writing and a copy mailed or furnished to the minor, and to the parent, guardian or custodian of a child, or counsel for the minor and parent, guardian or custodian, if any, the prosecuting attorney, the guardian ad litem, and any agency or person affected by the court's order. The disposition order may be prepared by counsel at the direction of the court, but shall be reviewed and modified as deemed appropriate by the court prior to the court's acceptance and signing of submission.

(e) Disposition of a petition alleging abuse, neglect, or dependency of a child shall be conducted also in accordance with Utah Code sections 80-3-402, 80-3-405, and 80-3-406.

(a) Reviews.

(1) At the time of disposition in any case wherein a minor is placed on probation, under protective supervision or in the legal custody of an individual or agency, the court shall also order that the individual supervising the minor or the placement, submit a written report to the court at a future date and appear personally, if directed by the court, for the purpose of a court review of the case. If a date certain is not scheduled at the time of disposition, notice by mail of such review shall be given by the petitioner, if the review is a mandatory review, or by the party requesting the review to the supervising agency not less than 5 days prior to the review. Such notice shall also be given to the guardian ad litem, if one was appointed.

(2) No modification of a prior dispositional order shall be made at a paper review that would have the effect of further restricting the rights of the parent, guardian, custodian or minor, unless the affected parent, guardian custodian or minor waives the right to a hearing and stipulates to the modification. If a guardian ad litem is representing the minor, the court shall give a copy of the submitted documents to the guardian ad litem prior to the paper review.

(b) Review hearings.

(1) Any party in a case subject to review may request a review hearing. The request must be in writing and the request shall set forth the facts believed by the requesting party to warrant a review by the court. If the court determines that the alleged facts, if true, would justify a modification of the dispositional order, a review hearing shall be scheduled with notice, including a copy of the request, to all other parties. The court may schedule a review hearing on its own motion.

(2) The court may modify a prior dispositional order in a review hearing upon the stipulation of all parties and upon a finding by the court that such modification would not be contrary to the best interest of the minor and the public.

(3) The court shall not modify a prior order in a review hearing that would further restrict the rights of the parent, guardian, custodian or minor if any party objects to the modification. Upon objection, the court shall schedule the matter for a motion hearing and require that a motion be filed with notice to all parties. A party requesting an evidentiary hearing shall state the request in the motion to modify the prior order or the response to the motion.

(4) All cases which require periodic review hearings under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings shall be scheduled for court review not less than once every six months from the date of disposition.

(c) Disposition reviews. Upon the written request of any agency, individual or institution vested with legal custody or guardianship by prior court order, the court shall conduct a review hearing to determine if the prior order should remain in effect. Notice of the hearing, along with a copy of the written request, must be provided to all parties not less than 5 days prior to the hearing, unless the hearing is expedited.

(d) Review of a case involving abuse, neglect, or dependency of a minor shall be conducted also in accordance with Utah Code sections 80-3-407, 80-3-409, and 80-3-408.

(e) Intervention plans. Intervention plans are plans prepared by the probation department or agencies assuming custody of the minor designed to assist the minor and/or the parent, guardian or custodian to address or correct issues that caused the court to be involved with the minor and his or her family.

(1) In all cases where the disposition order places temporary legal custody or guardianship of the minor with an individual, agency, or institution, a proposed intervention plan shall be submitted by the probation department when probation has been ordered; by the agency having custody or guardianship; or by the agency providing protective supervision, within 30 days following the date of disposition. This intervention plan shall be updated whenever a substantial change in conditions or circumstances arises.

(2) In cases where parental rights have been terminated, the intervention plan shall identify efforts made by the child placing agency to secure the adoption of the minor and subsequent review hearings shall be held until the minor has been adopted or permanently placed.

(f) Progress reports.

(1) A written progress report relating to the intervention plan shall be submitted to the court and all parties by the agency, which prepared the intervention plan at least two working days prior to the review hearing date.

(2) The progress report shall contain the following:

(A) A review of the original conditions, which invoked the court's jurisdiction.

(B) Any significant changes in these conditions.

(C) The number and types of contacts made with each family member or other person related to the case.

(D) A statement of progress toward resolving the problems identified in the intervention plan.

(E) A report on the family's cooperation in resolving the problems.

(F) A recommendation for further order by the court.

(g) In substantiation proceedings, a party may file a motion to set aside a default judgment or dismissal of a substantiation petition for failure to appear, within thirty days after the entry of the default judgment or dismissal. On motion and upon such terms as are just, the court may in the furtherance of justice relieve a party from a default judgment or dismissal if the court finds good cause for the party's failure to appear. The filing of a motion under this Subdivision does not affect the finality of a judgment or suspend its operation.

(a) Except as provided in paragraph (c), new hearings shall be available in accordance with Utah R. Civ. P. 52, 59 and 60.

(b) If a new hearing is granted, the same burden of proof shall apply.

(c) Motions filed under Utah R. Civ. P. 52 and/or Utah R. Civ. P. 59 must be filed no later than 14 days after entry of the judgment.

Adoption procedures in juvenile court shall be conducted in accordance with Utah Code Section 78B-6-101 et seq.

(a) In abuse, neglect, and dependency cases the court will admit persons as provided by Utah Code sections 80-3-104 and 80-4-106. If a motion is made to deny any person access to any part of a hearing, the parties to the hearing, including the person challenged, may address the issue by proffer, but are not entitled to an evidentiary hearing. A person denied access to a proceeding may petition the Utah Court of Appeals under Rule 19 of the Utah Rules of Appellate Procedure. Proceedings are not stayed pending appeal. As provided under Utah Code sections 80-3-106 and 80-4-107, a person may file a petition requesting a copy of a record of a proceeding, setting forth the reasons for the request. Upon fee payment and the court’s finding of good cause, the court will provide an audio recording of the proceeding. The court may place under seal information received in an open proceeding.

(b) In delinquency cases the court will admit all persons who have a direct interest in the case and may admit persons requested by the parent or legal guardian to be present.

(c) In delinquency cases in which the minor charged is 14 years of age or older, the court will admit any person unless the hearing is closed by the court upon findings on the record for good cause if:

(1) the minor has been charged with an offense which would be a felony if committed by an adult; or

(2) the minor is charged with an offense that would be a class A or B misdemeanor if committed by an adult and the minor has been previously charged with an offense which would be a misdemeanor or felony if committed by an adult.

(d) If any person, after having been warned, engages in conduct that disrupts the hearing, the person may be excluded from the hearing. Any exclusion of a person who has the right to attend a hearing will be noted on the record and the reasons for the exclusion given. Counsel for the excluded person has the right to remain and participate in the hearing.

(e) Videotaping, photographing, or recording court proceedings must be as authorized by the Code of Judicial Administration.

(f) In proceedings subject to the Indian Child Welfare Act of 1978, 25 U.S.C. sections 1901–63:

(1) The Indian child’s tribe is not required to formally intervene in the proceeding unless the tribe seeks affirmative relief from the court.

(2) If an Indian child’s tribe does not formally intervene in the proceeding, official tribal representatives from the Indian child’s tribe have the right to participate in any court proceeding. Participating in a court proceeding includes:

(A) being present at the hearing;

(B) addressing the court;

(C) requesting and receiving notice of hearings;

(D) presenting information to the court and other parties that is relevant to the proceeding;

(E) submitting written reports and recommendations to the court and other parties; and

(F) performing other duties and responsibilities as requested or approved by the court.

(3) The designated representative must provide the representative’s contact information in writing to the court and other parties.

(4) As provided in Rule 14-802 of the Supreme Court Rules of Professional Practice, before a nonlawyer may represent a tribe in the proceeding, the tribe must designate the nonlawyer representative by filing a written authorization. If the tribe changes its designated representative or if the representative withdraws, the tribe must file a written substitution of representation or withdrawal.

(a) Any minor may be found in contempt of court for an act committed in the presence of the court.

(b) Contempt proceedings for actions alleged to have been committed by a minor outside of the presence of the court may be commenced by either of the following methods:

(1) Affidavit and order to show cause. An affidavit setting forth the facts of the alleged contempt shall be filed with the court. Based upon the affidavit, the court may execute an order to show cause ordering the minor's parent, guardian or custodian to produce the minor in court at a date, place, and time certain. A copy of the affidavit and the order to show cause shall be personally served upon the minor's parent, guardian or custodian if they fail to appear in response to service by mail.

(2) Petition. A separate petition may be filed and may include an allegation of contempt or an allegation that the minor has violated a term of probation.

(c) Sanctions for contempt shall be as provided by Utah Code section 78A-6-353 and Title 78B Chapter 6, Part 3, Contempt.

(a) Except as otherwise provided by the Utah Rules of Appellate Procedure, an appeal may be taken from the juvenile court to the Court of Appeals from a final judgment, order, or decree by filing a Notice of Appeal with the juvenile court clerk within the timeframes set out below.

(1) Appeals taken from juvenile court orders related to abuse, neglect, dependency, termination or restoration of parental rights, or adoption proceedings must be filed within 15 days after the entry of the order appealed from.

(2) Appeals taken from juvenile court orders not related to the categories set out in paragraph (a)(1) must be filed within 30 days after the entry of the judgment, order, or decree appealed from.

(b) An appeal from an interlocutory order may be sought by any party by filing a petition for permission to appeal from the interlocutory order with the Court of Appeals within 21 days after the entry of the order of the juvenile court.

(c) In non-delinquency cases, a Notice of Appeal of a party who is not a minor or a state agency must be personally signed by each party.

(d) The Utah Rules of Appellate Procedure govern the appeal process, including preparation of the record and transcript.

(e) No separate order of the juvenile court directing a county to pay transcript costs is required to file a Request for Transcript in an appeal by an impecunious party who was represented during the juvenile court proceedings by court-appointed counsel.

(f) A party claiming entitlement to court-appointed counsel has a continuing duty to inform the court of any material changes that affect indigent status. If at any stage in the trial or appellate proceedings the court makes a finding that a party does not qualify or no longer qualifies for indigent status, the court may order the party to reimburse the county or municipality for the reasonable value of the services rendered, including all costs.

(a) Appearance. An attorney shall appear in proceedings by filing a written notice of appearance with the court or by appearing personally at a court hearing and advising the court that the attorney is representing a party. Once an attorney has entered an appearance in a proceeding, the attorney shall receive copies of all notices served on the parties.

(b) Withdrawal.

(b)(1) Retained Counsel. Consistent with the Rules of Professional Conduct, a retained attorney may withdraw as counsel of record unless: 1) withdrawal will result in a delay of trial; or 2) a final appealable order has been entered and the time period for a notice of appeal or post-judgment motion on such order has not expired. In such circumstances, a retained attorney may not withdraw except upon motion and order of the court. Retained counsel shall file a notice of withdrawal including the address of the counsel’s client.

(b)(2) Court-appointed counsel. Court-appointed counsel may not withdraw as counsel of record except upon motion and order of the court. If the court grants appointed counsel's motion to withdraw, the court shall consider the appointment of new counsel.

(c) Motions to Withdraw.

(c)(1) A motion to withdraw shall be made either in writing or orally before the court at a hearing. The motion shall include the following:

(c)(1)(i) A certification from counsel that the represented party has been informed of the motion to withdraw and their right to counsel; and

(c)(1)(ii) A certification from counsel that the represented party has been informed of their rights to appeal, and the availability of post judgment motions and motion to stay pending appeal; or

(c)(1)(iii) The efforts counsel has made to inform the represented party of subsections (c)(1)(i) and (c)(1)(ii).

(c)(2) Whenever possible, the court shall inquire of the represented party’s knowledge and understanding of the motion to withdraw, right to counsel, right to appeal, availability of post judgment motions and motion to stay pending appeal.

((c)(3) A guardian ad litem may not withdraw except upon order of the court.

(d) Parties must submit a notice of substitution of counsel at least seven days prior to the next scheduled hearing date unless otherwise allowed by the court.

(a) Pre trial and motion matters may be continued once upon stipulation of the parties and the guardian ad litem and notice to the clerk of the judge to whom the case is assigned. After the first continuance or once a matter has been set for trial, the matter may be continued only with the approval of the court.

(b) A second continuance may be requested by stipulation of the parties and the guardian ad litem, by motion in open court or by written motion clearly stating the grounds for the continuance. Notice of the hearing on the motion shall be served upon all counsel according to Rule 18. The motion and notice of hearing must be served at least 5 days prior to the date of the hearing, unless the court has ordered otherwise and a copy of the court's order is served upon counsel with the motion.

(c) Notwithstanding paragraphs (a) and (b), absent unavoidable circumstances, no continuance shall be granted in any child protection case except upon a showing by the moving party that the continuance will not adversely affect the interest of the child or cause a hearing to be held later than child welfare timelines established by statute.

(d) In sexual abuse cases involving child victims, continuances may only be granted upon a written finding by the court, or written minute entry which shall include the reason(s) for the continuance.

(e) If the hearing is an "important criminal justice hearing" or an "important juvenile justice hearing" as defined by Section 77-38-2 of which the victim has requested notification, the court should consider the impact of the continuance upon the victim.

This Rule was repealed on 1/19/2022.

(a) Any individual who has been adjudicated delinquent by a juvenile court may petition the court for an order expunging and sealing the records pursuant to Utah Code sections 80-6-1001 - 1007.

(b) Adjudication expungement. A person whose juvenile record includes an adjudication, as provided for in Utah Code section 80-6-701, may petition the court for expungement as provided for in Utah Code section 80-6-1004.1.

(c) Nonjudicial expungement. A person whose juvenile record consists solely of nonjudicial adjustments, as provided for in Utah Code section 80-6-304, may petition the court for expungement as provided for in Utah Code section 80-6-1004.2.

(d) Delinquency-records expungement. A person whose juvenile record consists solely of records of arrest, investigation, detention, or petitions that did not result in adjudication may petition the court for expungement as provided for in Utah Code section 80-6-1004.3.

(e)Petition-not-found-to-be-true expungement. A person whose record contains allegations found not to be true by the juvenile court may petition the court for an expungement as provided for in Utah Code section 80-6-1004.4.

(f) Automatic expungement. A person whose record consists solely of successfully completed nonjudicial adjustments is eligible for an automatic expungement as provided for in Utah Code section 80-6-1004.5.

(a) Notice of change. In any action commenced in the juvenile court after April 15, 1992, all parties joined in the action may, by unanimous agreement and without cause, change the judge assigned to the action by filing a notice of change of judge. The parties shall send a copy of the notice to the assigned judge and the presiding judge. The notice shall be signed by all parties and shall state: (1) the name of the assigned judge; (2) the date on which the action was commenced; (3) that all parties joined in the action have agreed to the change; (4) that no other persons are expected to be named as parties; and (5) that a good faith effort has been made to serve all parties named in the pleadings. The notice shall not specify any reason for the change of judge. Under no circumstances shall more than one change of judge be allowed under this rule in an action.

(b) Time. In other actions involving neglect, abuse, dependency, termination of parental rights, custody, support or visitation, the notice shall be filed no later than thirty days after the first hearing. In actions involving delinquency, certification for criminal proceedings in district court, truancy or status matters, the notice shall be filed no later than twenty days after the first hearing. In misdemeanor actions against adults, the notice shall be filed no later than 7 days after arraignment. In no event shall the notice be filed later than adjudication. Failure to file a timely notice precludes any change of judge under this rule.

(c) Assignment of action. Upon the filing of a notice of change, the assigned judge shall take no further action in the case. The presiding judge shall promptly determine whether the notice is proper and, if so, shall reassign the action. If the presiding judge is also the assigned judge, the clerk shall promptly send the notice to the assistant presiding judge or the Chief Justice, who shall determine whether the notice is proper and, if so, shall reassign the action.

(d) Nondisclosure to court. No party shall communicate to the court, or cause another to communicate to the court, the fact of any party's seeking consent to a notice of change.

(e) Bias rules unaffected. This rule does not affect any rights a party may have under Utah R. Civ. P. 63 and Utah R. Cr. P. 29.

(a) The court shall honor the rights and procedures accorded to victims pursuant to Title 77, Chapters 37 and 38, Victim Rights.

(b) Except as required by law in child welfare proceedings, prior to filing a document for review by the judge, the filing party or individual shall redact all safeguarded victim information. The party or individual must also certify that the safeguarded information has been redacted.

(c) If the juvenile court enters an unpaid restitution order as a civil judgment, the juvenile court will file an abstract of judgment in the district court. The victim is entitled to enforce the judgment in the district court and the judgment shall be treated in all respects as if the judgment was originally entered in the district court.

(a) When the court has good cause to believe that any material witness in a case will not appear and testify unless bond is required, the court may fix a bond with or without sureties, and in a sum the court considers adequate, for the appearance of the witness.

(b) If the witness fails or refuses to post the bond with the clerk of the court, or the court deems it otherwise appropriate, the court may commit the witness to jail, detention, or other place of custody until the witness complies or is otherwise legally discharged. If bail is not ordered, the court shall make specific findings for detaining the witness.

(c)(1) If the witness does provide bond when required, the witness may be examined and cross-examined before the court in the presence of the minor and the testimony shall be recorded. The witness shall then be discharged.

(c)(2) If the witness is unavailable or fails to appear at any subsequent hearing or trial when ordered to do so, the recorded testimony may be used at the hearing or trial in lieu of the personal testimony of the witness.

(a) Petition. An action for an order authorizing a minor to consent to an abortion without the consent of a parent or guardian is commenced by filing a petition. The petitioner is not required to provide an address or telephone number but must identify the county and state of residence. Blank petition forms will be available at all juvenile court locations. The court shall provide assistance and a private, confidential area for completing the petition.

(b) Filing. The petition may be filed in any county. No filing fee will be charged.

(c) Appointment of Counsel. If the petitioner is not represented by a private attorney, the juvenile court shall consider appointing an attorney under Utah Code sections 80-3-104, 80-4-106, and 80-6-602 and/or the Office of Guardian ad Litem under Utah Code section 78A-2-803. If the court appoints an attorney, it may also appoint the Office of Guardian ad Litem. The clerk shall immediately notify any attorney appointed.

(d) Expedited Hearing. Upon receipt of the petition, the court shall schedule a hearing and resolve the petition within three calendar days or two business days, whichever time period is longer. The court may continue the hearing for no more than one business day if the court determines that the additional time is necessary to gather and receive more evidence. The clerk shall immediately provide notice of the hearing date and time. The hearing shall be closed to everyone except the petitioner, the petitioner’s attorney, the guardian ad litem, and any individual invited by the petitioner. The petitioner shall be present at the hearing. The hearing may be held in chambers if recording equipment or a reporter is available.

(e) Findings and Order. The court shall enter an order immediately after the hearing is concluded. The court shall grant the petition if the court finds by a preponderance of the evidence that one of the statutory grounds for dispensing with parental consent exists. Otherwise, the court shall deny the petition. If the petition is denied, the court shall inform the petitioner of her right to an expedited appeal to the Utah Court of Appeals. The court shall provide a copy of the order to individuals designated by the petitioner.

(f) Confidentiality. The petition and all hearings, proceedings, and records are confidential. Court personnel are prohibited from notifying a minor’s parents, guardian, or custodian that a minor is pregnant or wants to have an abortion, or from disclosing this information to any member of the public.

(g) Appeal. A petitioner may appeal an order denying or dismissing a petition to bypass parental consent by filing a notice of appeal with the clerk of the juvenile court within the time allowed under Rule 4 of the Utah Rules of Appellate Procedure. The clerk shall immediately notify the clerk of the court of appeals that the notice of appeal has been filed.

(h) This rule supersedes all other procedural rules that might otherwise apply to actions filed under Utah Code section 76-7-304.5.

(a) Definitions.

(1) “Participant” means a party, an intervenor, an attorney for a party or an intervenor, a parent of a minor in a delinquency matter, a juvenile probation officer in a delinquency matter, a worker for Juvenile Justice and Youth Services in a delinquency matter, or a victim in a delinquency matter.

(2) “In-person” means a participant will be physically present in the courtroom.

(3) “In-person hearing” means a hearing where all participants appear in person.

(4) “Remote” or “remotely” means a participant will appear by video conference or other electronic means approved by the court.

(5) “Remote hearing” means no participants will be physically present in the courtroom and all participants will appear remotely.

(6) “Hybrid hearing” means a hearing at which some participants appear in person and others appear remotely.

(b) Setting hearing format; factors to consider. The court has discretion to set a hearing as an in-person hearing, a remote hearing, or a hybrid hearing. In determining which format to use for a hearing, the court will consider:

(1) the preference of the participants, if known;

(2) the anticipated hearing length;

(3) the number of participants;

(4) the burden on a participant of appearing in person compared to appearing remotely, including time and economic impacts;

(5) the complexity of issues to be addressed;

(6) whether and to what extent documentary or testimonial evidence is likely to be presented; 

(7) the availability of adequate technology to accomplish the hearing's purpose;

(8) the availability of language interpretation or accommodations for communication with individuals with disabilities;

(9) the possibility that the court may order a party, who is not already in custody, into custody;

(10) the preference of the incarcerating custodian where a party is incarcerated, if the hearing does not implicate significant constitutional rights; and

(11) any other factor, based on the specific facts and circumstances of the case or the court’s calendar, that the court deems relevant.

(c) Request to appear by a different format.

(1) Manner of request. A participant may request that the court allow the participant or a witness to appear at a hearing by a different format than that set by the court. Any request must be made verbally during a hearing, by email, by letter, or by written motion, and the participant must state the reason for the request. If a participant is represented by an attorney, all requests must be made by the attorney.

(A) Email and letter requests.

(i) An email or letter request must be copied on all parties;

(ii) An email or letter request must include in the subject line, “REQUEST TO APPEAR IN PERSON, Case________” or “REQUEST TO APPEAR REMOTELY, Case________;” and

(iii) An email request must be sent to the court’s email address, which may be obtained from the court clerk.

(B) Request by written motion. If making a request by written motion, the motion must succinctly state the grounds for the request and be accompanied by a request to submit for decision and a proposed order. The motion need not be accompanied by a supporting memorandum.

(2) Timing. All requests, except those made verbally during a hearing, must be sent to the court at least seven days before the hearing unless there are exigent circumstances or the hearing was set less than seven days before the hearing date, in which cases the request must be made as soon as reasonably possible.

(d) Resolution of the request.

(1) Timing and manner of resolution. The court may rule on a request under paragraph (c) without waiting for a response. The court may rule on the request in open court, by email, by minute entry, or by written order. If the request is made by email, the court will make a record of the request if the request is denied.

(2) Court’s accommodation of participant’s preference; factors to consider. The court will accommodate a timely request unless the court makes, on the record, a finding of good cause to order the participant to appear in the format originally noticed. The court may find good cause to deny a request based on:

(A) a constitutional or statutory right that requires a particular manner of appearance or a significant possibility that such a right would be impermissibly diminished or infringed by appearing remotely;

(B) a concern for a participant’s or witness’s safety, well-being, or specific situational needs;

(C) a prior technological challenge in the case that unreasonably contributed to delay or a compromised record;

(D) a prior failure to demonstrate appropriate court decorum, including attempting to participate from a location that is not conducive to accomplishing the purpose of the hearing;

(E) a prior failure to appear for a hearing of which the participant had notice;

(F) the possibility that the court may order a party, who is not already in custody, into custody;

(G) the preference of the incarcerating custodian where a party is incarcerated, if the hearing does not implicate significant constitutional rights;

(H) an agreement or any objection of the parties;

(I) the court’s determination that the consequential nature of a specific hearing requires all participants to appear in person; or

(J) the capacity of the court, including but not limited to the required technology equipment, staff, or security, to accommodate the request.

(3) Effect on other participants. The preference of one participant, and the court’s accommodation of that preference, does not:

(A) change the format of the hearing for any other participant unless otherwise ordered by the court; or

(B) affect any other participant’s opportunity to make a timely request to appear by a different format or the court’s consideration of that request.