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Rule 37. Child protective orders.

(a) Child protective order proceedings aregoverned by Section 78B-7-201 et seq. Protective order proceedings may becommenced as an independent action by filing a petition. Any interested personmay file a petition for a protective order on behalf of a child as provided bystatute. The petitioner shall first make a referral to the division. If animmediate ex parte protective order is requested pending a hearing, thepetition or an accompanying affidavit shall set forth the facts constitutinggood cause for issuance of the ex parte order.

(b) If the petitioner is the agent of apublic or private agency, including a law enforcement agency, the petitionshall set forth the agent's title and the name of the agency that thepetitioner represents.

(c) Petitions for protective orders by apublic agency shall not be accepted by the clerk unless reviewed and approvedby the attorney for the public agency, whose office shall represent thepetitioner in such cases.

(d) The petitioner, if a private person oragency, and the respondent may be represented by retained counsel. Counsel maybe appointed by the court for an indigent respondent who is a parent, guardianor custodian of the child alleged to be abused or threatened with abuse. If thecourt finds in the hearing that the allegations of the petition have beenestablished, the court may assess petitioner's costs and attorney fees againstthe respondent. If the court finds that the petition is without merit, therespondent's costs and attorney fees may be assessed against petitioner.

(e) If an ex parte order has been issued,the hearing must be held within 20 days excluding Saturdays, Sundays and legalholidays.