Category: -Rules of Juvenile Procedure

Rules of Juvenile Procedure – Comment Period Closed December 31, 2017

URJP007 Warrants.  Contains revisions necessitated by new statute section 78A-6-106.5 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP015 Preliminary inquiry; informal adjustment without petition.  Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP016 Transfer of delinquency case for preliminary inquiry.  Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.  Clarifies applicability of certain rule provisions to a child (under the age of 18) and a minor (under the age of 21).

URJP023A Hearing on conditions of Section 78A-6-702.  Changes burden of proof to preponderance to bring rule into conformity with 2015 statute change.

URJP031 Initiation of truancy proceedings.  Repeals Rule 31 due to statutory changes removing juvenile court jurisdiction over habitual truants.

URJP033 Preliminary orders and summary proceedings.  Deletes provisions related to the ability to place non-resident runaways into the custody of the Division of child and Family Services.

 

 

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Rules of Juvenile Procedure – Comment Period Closed November 27, 2017

URJP014 Reception of referral, preliminary determination.  Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP017 The petition.  Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP034 Pretrial hearings in non-delinquency cases.  Clarifies when the court may enter a default judgment.

URJP048 Post judgment motions.  Renames rule from “New hearings” to “Post judgment motions” to more accurately reflect the full scope of the rule’s content.  Reduces the time to file post judgment motions to 14 days from the 28 days provided by the Rules of Civil Procedure to avoid conflicts with the shorter time frames for filing expedited child welfare appeals.

 

 

 

 

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Rules of Juvenile Procedure – Comment Period Closed April 8, 2017

URJP018 Adds language regarding the ability to serve a pleading by email on an attorney who has an email account on file with the Utah State Bar. Clarifies that eFiling in the Juvenile Court’s Court and Agency Records Exchange (C.A.R.E.) does not constitute service upon a party and that an agreement to accept email service is not required to effectuate the provisions of Rule 18.

URJP037 Adds reference to the statutory provisions in Section 78A-6-1111 pertaining to limitations on the appointment of counsel for indigent parties.

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Rules of Juvenile Procedure

URJP 029B. Hearings with remote conferencing from a different location. New. Provides that a judge, attorney, or party may appear by remote conferencing for certain delinquency hearings.
URJP 037B. Hearings with remote conferencing from a different location. New. Provides that a judge, attorney, or party may appear by remote conferencing for certain child welfare hearings.

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Rules of Juvenile Procedure

URJP 058. Victim rights. Amend. Requires the filing party or individual to redact all safeguarded victim information prior to filing a document for review by the judge and to certify that the information has been redacted. Makes an exception for information required by law in child welfare proceedings.

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Remote Hearings Rules

The following rules provide that court business and hearings may be conducted remotely by contemporaneous transmission from a different location, as long as certain standards are met.
CJA 03-0302. Clerk of the Court. Amend.
CJA 04-0106. Electronic conferencing. Amend.
CJA 09-0105. Justice Court hours. Amend.
URCP 043. Evidence. Amend.
URCrP 017.5 Hearings with contemporaneous transmission from a different location. New.
URJP 029B. Hearings with contemporaneous transmission from a different location. New.
URJP 037B. Hearings with contemporaneous transmission from a different location. New.

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Rules of Juvenile Procedure

URJP 002. Applicability of Rules of Civil Procedure and Criminal Procedure. Amend. Amends the rule to replace the term “permanent deprivation of parental rights” with “termination of parental rights.”
URJP 023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amend. Amends the rule to comport with statutory changes to 78A-6-702 enacted following the 2014 legislative general session. This rule is receiving a second comment period to correct the failure to strike a clause in paragraph (e) prior to sending the rule out for comment.
URJP 029B. Hearings with contemporaneous transmission from a different location. New. Creates a new rule addressing remote access to court hearings in delinquency proceedings or proceedings under Section 78A-6-702 or Section 78A-6-703.
URJP 037B. Hearings with contemporaneous transmission from a different location. New. Creates a new rule addressing remote access to court hearings in abuse, neglect, dependency, substantiation or termination of parental rights proceedings.

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Rules of Juvenile Procedure

URJP 023. Hearing to waive jurisdiction and certify under Section 78A-6-703; bind over to district court. Amend. Amends the rule to comply with statutory changes to section 78A-6-703 enacted following the 2014 legislative general session.
URJP 023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amend. Amends the rule to comport with statutory changes to 78A-6-702 enacted following the 2014 legislative general session.

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Rules of Juvenile Procedure

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.

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