Posted: June 7, 2018
Rules of Juvenile Procedure – Comment Period Closed July 22, 2018
URJP005. Amended. Makes revisions to the definition of “ungovernability” to comply with statutory changes, which become effective July 1, 2018. Corrects references to “child” rather than “minor.”
URJP09. Amended. Makes revisions to comply with statutory changes to 78A-6-112 and 78A-6-113, which will become effective July 1, 2018. The revisions place restrictions on the amount of time and the conditions under which the minor may be held in detention.
URJP011. Amended. Clarifies that a request to extend the time period for filing a petition related to a detention order shall be made specifically by motion rather than merely “a separate written request.” Eliminates outdated language regarding court forms.
URJP018. Amended. Adds the term “parents” to make the language of the rule consistent with 78A-6-109.
URJP058. Amended. Adds a reference to Chapter 37 to the statement “the court shall honor the rights and procedures accorded to victims pursuant to Title 77, Chapters 37 and 38, Victims Rights.”
The definition of “ungovernability” is jurisdictional, see 78A-6-103(3). Included in the jurisdictional definition is that the condition persists “despite earnest and persistent efforts by the division.” Id. Thus, the court’s jurisdiction is contingent on a finding of “earnest and persistent efforts.” You may want to consider making the definition in the rules sync up with the jurisdictional definition.