Category: -Rules of Juvenile Procedure

URJP016. Transfer of delinquency case and venue. Amend. The approved amendments reorganize transfer procedures by establishing the minor’s county of residence as the primary venue for preliminary inquiries, detention hearings (with two exceptions), and arraignments. If a petition is not resolved at arraignment, venue transfers to the county of occurrence for pretrial proceedings and adjudication before returning to the minor’s county of residence for disposition and further proceedings. The rule permits competency motions to be heard in either court following mutual consultation between the two courts.

Supreme Court Order

URJP014. Reception of referral; preliminary determination. Amend. The approved revision to paragraph (a) clarifies when a probation officer must send a delinquency referral to a prosecutor. This change conforms with Utah Code sections 80-6-303.5 and 80-6-304.5. The changes also include several stylistic changes and a restructuring of paragraphs (a) and (c).

Supreme Court Order

URJP017. The petition. Amend. The approved amendments to Rule 17 include: updating references to statute as a result of changes enacted by House Bill 60 of the 2023 Legislative Session; changing the proper noun County Attorney or District Attorney to “the office of the county attorney” or “the office of the district attorney”; changing the proper noun Clerk of Court to “court clerk”; and replacing the language “shall” with “must” according to the Supreme Court Style Guide.

URJP018. Summons; service of process; notice. Amend. The approved amendments to Rule 18 include: (1) adding language that requires a bilingual notice in abuse, neglect, dependency, and termination of parental rights cases; (2) adding a subsection to 18(a)(2) to include termination of parental rights cases; and, (3) replacing the language “shall” with “must,” “will,” or “is” to conform with the Utah Supreme Court stylistic guidelines.

URJP052. Appeals. Amend. The approved amendments to Rule 52 include an overall restructure of the rule to provide clarity regarding juvenile court appeals timeframes. The amendments also include the addition of restoration of parental rights cases as cases that may be subject to appeal.

URJP056. Expungement. Amend. The approved amendments to Rule 56 include: (1) updates to the referenced statute; (2) a simpler and clearer paragraph (b) regarding adjudication expungements that aligns with the statute, while removing language that places requirements not found in the statute; (3) removal of the language in paragraph (d) as the statute now places the responsibility of serving an expungement order on the juvenile court; and (4) the addition of three new expungement categories created by House Bill 60 of the 2023 Legislative Session.

Supreme Court Order

URJP010. Bail for non-resident minors. Amend. The approved amendments to Rule 10 include updates to the referenced statute.

Supreme Court Order

URJP009. Detention hearings; scheduling; hearing procedure. Amend. The approved amendments to Rule 9 include a correction to the referenced statute in paragraph (a), and the addition of paragraph (o), allowing the juvenile court to review predisposition orders to detention every 30 days instead of every seven days when there is concurrent jurisdiction in the district and juvenile courts or when a criminal information is pending in the juvenile court. The changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide.

Supreme Court Order

URJP022. Initial appearance and preliminary examination in cases under Section 80-6-503. Amend. The approved amendments to Rule 22 include: (1) adding reference to Utah Code section 80-6-504 to the title; (2) changing the term “preliminary examination” to “preliminary hearing”; (3) in paragraph (f), adding reference to subsection (3) of 80-6-504; (4) in paragraph (g), clarifying timelines for scheduling preliminary hearings based on whether a youth is in custody, removing reference to Utah Code section 80-6-503, and moving the language allowing extension to time periods to the end of the paragraph; (5) replacing the language in paragraph (h) and making reference to 80-6-504(11); (6) removing specific probable cause language in paragraph (j) and making reference to 80-6-504(2)(a) and 80-6-503(3) instead; and, (7) adding “may” to the second clause of paragraph (k) to mirror the language of Rule 7B of the Utah Rules of Criminal Procedure.  The changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide. Lastly, a previous version of Rule 22 was circulated that unintentionally included the language “in whole or in part” in paragraph (k) that had been previously removed by the legislature on May 3, 2023. Effective November 1, 2023.

Supreme Court Order

URJP022. Initial appearance and preliminary examination in cases under Section 80-6-503. Amend. The approved amendments to Rule 22 include: (1) adding reference to Utah Code section 80-6-504 to the title; (2) changing the term “preliminary examination” to “preliminary hearing”; (3) in paragraph (f), adding reference to subsection (3) of 80-6-504; (4) in paragraph (g), clarifying timelines for scheduling preliminary hearings based on whether a youth is in custody, removing reference to Utah Code section 80-6-503, and moving the language allowing extension to time periods to the end of the paragraph; (5) replacing the language in paragraph (h) and making reference to 80-6-504(11); (6) removing specific probable cause language in paragraph (j) and making reference to 80-6-504(2)(a) and 80-6-503(3) instead; and, (7) adding “may” to the second clause of paragraph (k) to mirror the language of Rule 7B of the Utah Rules of Criminal Procedure.  Lastly, the changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide.

Supreme Court Order