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Rule 14

Rule 14. Reception of referral; preliminary determination.

(a) Delinquency cases.

(a)(1) A law enforcement officer or any other person havingknowledge of or reason to believe facts that would bring a minor within thecourt's jurisdiction for delinquency may refer the minor to the court bysubmitting a written report and a request for a petition to the clerk, on formsprescribed by the court. An intake officer of the probation department shallmake a preliminary determination, with the assistance of the prosecutingattorney if necessary, as to whether the facts reported are legally sufficientto give the court jurisdiction. If the facts appear legally sufficient suchofficer shall make a preliminary inquiry in accordance with standardsprescribed by the court and Rule 15 to determine whether the interests of thepublic or the minor require further judicial action to be taken. If it is sodetermined, such officer may file a petition on behalf of the referring officeror person or may refer the matter to the prosecuting attorney for preparationof the petition.

(a)(2) If the intake officer refuses after a demand by thecomplainant to file a petition, the complainant shall be informed of thereasons for the refusal and advised that he may submit the facts of the allegeddelinquency in writing to the prosecuting attorney who shall determine whethera petition shall be filed.

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

(c) Coordination of cases pending in district court andjuvenile court.

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

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

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

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

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

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