Rule 14. Reception of referral; preliminary determination.

(a) Delinquency cases.

(a)(1) A law enforcement officer or any other person having knowledge of or reason to believe facts that would bring a minor within the court's jurisdiction for delinquency may refer the minor to the court by submitting a written report, on forms prescribed by the court. The report shall indicate whether the alleged offense is a felony, misdemeanor, infraction, or status offense.  An intake officer of the probation department shall make a preliminary determination, with the assistance of the prosecuting attorney if necessary, as to whether the minor qualifies for a nonjudicial adjustment.  If the referral does not establish that the minor qualifies for a nonjudicial adjustment, the intake officer shall forward the referral to the prosecutor.

(b) Cases involving neglect, dependency or abuse. Pursuant to Utah Code, Title 62A, Chapter 4a, complaints and reports involving the neglect, abuse or dependency of minors shall be directed to the nearest office of the Division of Child and Family Services for investigation, which agency may, with the assistance of the attorney general, file a petition with the court to initiate judicial proceedings.

(c) Coordination of cases pending in district court and juvenile court.

(c)(1) Criminal and delinquency cases; Notice to the court.

(c)(1)(A) In a criminal case all parties have a continuing duty to notify the court of a delinquency case pending in juvenile court in which the defendant is a party.

(c)(1)(B) In a delinquency case all parties have a continuing duty to notify the court:

(c)(1)(B)(i) of a criminal or delinquency case in which the respondent or the respondent's parent is a party; and

(c)(1)(B)(ii) of an abuse, neglect or dependency case in which the respondent is the subject of the petition or the respondent's parent is a party.


 

(c)(1)(C) The notice shall be filed with a party's initial pleading or as soon as practicable after the party becomes aware of the other pending case. The notice shall include the case caption, file number and name of the judge or commissioner in the other case.

Effective Date:  May 1, 2018