Print Version
Previous PageFile uploaded: 4/3/2012
Rule 33

Rule 33. Preliminary orders and summary proceedings.

(a) Pre-adjudication evaluations and examinations.

(a)(1) On the motion of the petitioner or any other party inopen court in a post-petition hearing, or by written motion filed with thecourt with a proposed order attached, the court may, prior to adjudication,order that the minor be examined or evaluated by a physician, surgeon,psychiatrist, psychologist or other competent specialist, and may order thatthe minor be placed in a hospital or other facility for such purpose. Themotion shall state the reasons for the examination or evaluation and the needfor an examination prior to adjudication.

(a)(2) The court may order a similar examination of theminor's parent, guardian or custodian who is a party to the proceedings andwhose ability to care for the minor is at issue, or where it is alleged thatthe physical, mental or emotional condition of the person is a factor in thealleged neglect, abuse or dependency of the minor. Such an order shall be issuedonly after notice and a hearing unless waived in writing or on the record.

(b) Non-resident runaway cases.

(b)(1) When a referral is filed by the Division of Child andFamily Services alleging that a minor found within the jurisdiction of thecourt is a runaway from the minor's parent, guardian or custodian and should bereturned to the minor's residence, the court may issue an ex parte orderplacing temporary custody of the minor with the Division of Child and FamilyServices for the limited purpose of facilitating and paying for such returntransportation. The court shall not enter such order unless it appears to thecourt that the parent, guardian or custodian is unable within a reasonable timeto provide or arrange return transportation or that the minor should not beheld pending return arrangements by an agency with authority to take the minorinto custody.

(b)(2) When a referral is filed alleging that a minor who isunder the continuing jurisdiction of the court has left the State of Utahwithout permission or authority of the parent, guardian or custodian, and hasbeen taken into custody in another state, the court may issue an ex parte orderof temporary custody to the Division of Child and Family Services or otheragency for the limited purpose of facilitating and paying for the returntransportation of the minor. Such order shall be entered only if it appears tothe court that the parent, guardian or custodian is unable or unwilling toprovide transportation. Upon motion of the Division of Child and FamilyServices, the court shall conduct a hearing, unless waived by the parent,guardian or custodian, and may order that the parent, guardian or custodianreimburse the State of Utah for the cost of the minor's transportation andcare.

(c) Emergency medical care. Upon the petition of aninterested person or agency and the sworn testimony of one or more reputablephysicians alleging that emergency medical or surgical treatment of a minor isimmediately necessary and that necessary authorization cannot with reasonablediligence be obtained from the minor's parent, guardian or custodian, the courtmay issue an ex parte order authorizing such treatment pending service ofnotice upon the parent, guardian or custodian. The testimony of the physicianmay be presented to the court by recorded telephonic communication, and if notrecorded, the substance shall be reduced to writing by the court for therecord.

(d) Restraining orders. At any time after the filing of apetition, on motion of any party and good cause shown, the court may issue atemporary restraining order directing a party to refrain from harassing,abusing, annoying, visiting or interfering with any other party or the subjectminor. The court shall schedule a hearing on the motion within 10 days unlessthe hearing date is extended by the court for good cause shown for anadditional 10 day period, or unless the party against whom the order isdirected waives such hearing or consents to an extension for a longer period.In the hearing, the restraining order may be vacated, extended as originallyissued or modified.