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Rule 13. Shelter hearings.

(a) Shelter hearings shall be conductedin accordance with Utah Code sections 80-3-301 and 80-3-302.

(b) The Division of Child and FamilyServices shall file with the court at or before the shelter hearing a copy ofthe notice form required by Utah Code section 62A-4a-202.2 and the noticerequired by Utah Code section 80-3-301.

(c) At the beginning of the shelterhearing, the court shall advise all persons present of the informationsubmitted to the court as a basis for the admission of the minor into sheltercare and of the scope and purpose of the hearing.

(d) The court may receive anyinformation, including hearsay and opinions, that is relevant to the issue ofwhether it is safe to release the minor to the parent, guardian or custodian.Privileged communications may be admitted only in accordance with the rules ofevidence.

(e) If the parent, guardian, orcustodian of the minor cannot be notified as provided in Utah Code section 80-3-301,a shelter hearing may be held without the minor's parent, guardian orcustodian. Upon a finding that a continuance is necessary for the protection ofthe minor, for the accumulation or presentation of necessary evidence, toprotect the rights of a party, or for other good cause, the court may continuethe hearing in accordance with Utah Code section 80-3-301.

(f) If the minor is not released, theorder for continued shelter shall be furnished to the agency responsible forshelter care of minors in the county. Orders for continued shelter care shallbe of definite duration and may be extended upon review at a hearing inconformity with Utah Code section 80-3-301 and this rule.

(g) The release of the minor fromshelter care may be requested by the court, a party, or any person interestedin the minor at any time on the grounds that the conditions giving rise to theplacement no longer exist or no longer justify continuing shelter. Such requestshall be considered by the court at a hearing in conformity with Utah Code section 80-3-301and this rule.

Effective September 1, 2021