Category: -Rules of Juvenile Procedure

Rules of Juvenile Procedure – Comment Period Closed February 4, 2019

URJP009. Detention hearings; scheduling; hearing procedures.  Clarifies conditions under which a minor may be held in detention and deletes the Advisory Committee Note.

URJP027A. Admission of statements given by minors.  Revised to delete paragraph (a)(2) due to concerns that the language may unconstitutionally shift the  burden to a juvenile to show that the juvenile did not knowingly and voluntarily waive his or her rights. Also deletes the Advisory Committee Note.

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Rules of Juvenile Procedure – Comment Period Closed July 22, 2018

URJP005. Amended.  Makes revisions to the definition of “ungovernability” to comply with statutory changes, which become effective July 1, 2018.  Corrects references to “child” rather than “minor.”

URJP09. Amended.  Makes revisions to comply with statutory changes to 78A-6-112 and 78A-6-113, which will become effective July 1, 2018.  The revisions place restrictions on the amount of time and the conditions under which the minor may be held in detention.

URJP011. Amended.  Clarifies that a request to extend the time period for filing a petition related to a detention order shall be made specifically by motion rather than merely “a separate written request.”  Eliminates outdated language regarding court forms.

URJP018. Amended.  Adds the term “parents” to make the language of the rule consistent with 78A-6-109.

URJP058. Amended.  Adds a reference to Chapter 37 to the statement “the court shall honor the rights and procedures accorded to victims pursuant to Title 77, Chapters 37 and 38, Victims Rights.”

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Rules of Juvenile Procedure – Comment Period Closed May 28, 2018

URJP004  Rule 4 is revised to include weekends and holidays in the computation of time to bring the juvenile rule into conformity with computation of time rules contained in civil and criminal rules.  It also eliminates provisions related to motions, which were previously moved to Utah R. Juv. P. 19A.

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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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