Posted: June 28, 2021
Rules of Juvenile Procedure – Comment Period Closed August 12, 2021
URJP005. Definitions. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and updates the definition of “ungovernability” to align with H.B. 285.
URJP007. Warrants. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modifies the language in subsection (b)(6) regarding runaway minors to align with H.B. 285, adds a statutory reference to the authority a probation officer has to take into custody a minor who violates a condition of probation, and clarifies that “custody” is “temporary custody.”
URJP011. Time limits on detention orders. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and adds language to address when diversion in lieu of detention agreements can terminate.
URJP030. Citations; applicable offenses and procedures; bail. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Clarifies a minor’s right to bail when the minor has been cited or is in a detention facility as well as that “court” refers to “juvenile court.”
URJP050. Presence at hearings. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modifies the language in subsection (f) to conform with proposed changes the Advisory Committee on the Rules of Civil Procedure made to Civil Rule 24 involving tribal intervention and participation in Indian Child Welfare Act cases.
URJP060. Judicial bypass procedure to authorize minor to consent to an abortion. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and qualifies that the time frame in subsection (d) is business days.
Regarding the amendment to Rule 11, a youth who has entered into a diversion agreement might actually not be referred to the prosecutor, but handled non-judicially by probation. The rule may need to add “or a non-judicial adjustment has not been initiated.” or something like that.