Utah Court Rules – Published for Comment
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Posted: May 17, 2023
URJP037A. Visual recording of statement or testimony of child in abuse, neglect and dependency proceedings – Conditions of admissibility. Amend. The proposed amendments to Rule 37A include adding substantiation proceedings to the title and to paragraphs (b) and (c). The changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide.
Posted: January 18, 2023
URJP018. Summons; service of process; notice. Amend. The proposed 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.
Posted: October 17, 2022
URJP022. Initial appearance and preliminary examination in cases under Utah Code section 80-6-503. Amend. The proposed 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 (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; (4) updating paragraph (h) to reference 80-6-504 rather than 80-6-503 to correct a typographical error; and, (5) removing specific probable cause language and making reference to 80-6-504 instead.
Posted: May 18, 2022
URJP025A. Withdrawal of plea. Amend. Removes subsections (a) and (b)(1) because they are substantive rules that are provided for in Utah Code section 80-6-306. Amends subsection (b)(2) to mirror Utah Code section 80-6-306, and removes the heading number (b)(2).
Posted: March 23, 2022
URJP017. The petition. Amends. Adds requirement for delinquency petitions regarding non-felony-level offenses to include the specific condition or conditions that allows the prosecuting attorney to file pursuant to Utah Code section 80-6-304(11).
Posted: March 10, 2022
URJP007. Warrants. Amend. Adds a statutory reference to Utah Code section 62A-4a-202.1 for warrants that are executed in child welfare proceedings. Proposal to allow counsel for the Division of Child and Family Services to file an ex parte motion to vacate a warrant issued pursuant to Utah Code section 62A-4a-202.1 for a child, who is missing, has been abducted, or has run away.
URJP025. Pleas. Amend. Reflects changes contained in H.B. 285 Juvenile Code Recodification (2021). Modifies paragraph (a) to add a statutory reference to Utah Code section 80-6-306. Deletes paragraph (d) to remove language contained in Utah Code section 80-6-306. Proposal detailing the procedure for how delayed admissions under Utah Code section 80-6-306 will be resolved.
URJP060. Judicial bypass procedure to authorize minor to consent to an abortion. Amend. Modifies the time frames in paragraph (d).
Posted: January 19, 2022
URJP025A. Withdrawal of Pleas. REPEALED. Rule 25A will be repealed because procedures governing the withdrawal of pleas are contained in Utah Code section 80-6-306.
Posted: November 18, 2021
URJP008. Rights of minors while in detention. Repealed. Rule 8 will be repealed because it is superseded by Utah Code sections 80-6-205 and 80-6-206 that address the rights of minors while in detention.
Posted: October 19, 2021
URJP027A. Admissibility of statements given by minors. Amended. Reflects statutory changes made by H.B. 178 Juvenile Interrogation Amendments (2021) and H.B. 285 Juvenile Code Recodification (2021).
URJP037. Child protective orders. Amended. Revises rule to comply with S.B. 32 Indigent Defense Act Amendments (2019). Clarifies that child protective order proceedings are governed by Title 78B, Chapter 7, Part 1 General Provisions, and Part 2 Child Protective Orders. Changes the time frame for holding a hearing after granting an ex party child protective order to align with statutory changes in H.B. 255 Protective Order Revisions (2021).
URJP045. Pre–Disposition Reports and Social Studies. Amended. Updates rule to reflect current terminology regarding dispositional reports in delinquency and abuse, neglect, and dependency cases and statutory changes contained in H.B. 285 Juvenile Code Recodification (2021). Clarifies that a juvenile judge shall not shall not view or consider a dispositional report in delinquency cases prior to adjudication since the dispositional report is typically uploaded to juvenile court’s record management system prior to the disposition hearing. Updates the timeframe for providing a dispositional report in delinquency cases to allow attorneys sufficient time to review the report with their minor client.
URJP055. Transfer of minors who present a danger in detention. Repealed. Rule 55 will be repealed because procedures governing minors in detention are contained in Title 80, Chapter 6, Juvenile Justice.
Posted: September 27, 2021
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 due to either non-judicial adjustment being entered into or a petition being filed.