Utah Court Rules – Published for Comment
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Posted: October 30, 2013
URJP 047. Reviews and modification of orders. Amend. Clarifies questions regarding the timeliness of a request for an evidentiary hearing as addressed by the Court of Appeals in In re P.D., 2013 UT App 151. Describes intervention plans.
URJP Rule 47(a)(2) as amended will require a waiver and stipulation from the parent if parental rights are further restricted by a modification of the prior order in a paper review. May we assume a waiver and stipulation if a parent is non-responsive? (I’m thinking of the parent who never attends a hearing or files anything.) Perhaps we should say that such a modification can be done in a paper review and the parent has X days to object, in which case they are entitled to a hearing.
Subsection (b)(3) raises the same issue. Should we have to have a hearing anyway if the parent objects to the modification but files no motion as required by the rule? Or may we deem failure to file the motion as required as a stipulation and waiver?