Print Version
Previous PageFile uploaded: 5/8/2018

Rule14. Reception of referral; preliminary determination.

(a)Delinquency cases.

(a)(1)A law enforcement officer or any other person having knowledge of or reason tobelieve facts that would bring a minor within the court's jurisdiction fordelinquency may refer the minor to the court by submitting a written report, onforms prescribed by the court. The report shall indicate whether the allegedoffense is a felony, misdemeanor, infraction, or status offense.? An intake officer of the probation departmentshall make a preliminary determination, with the assistance of the prosecutingattorney if necessary, as to whether the minor qualifies for a nonjudicialadjustment. ?If the referral does notestablish that the minor qualifies for a nonjudicial adjustment, the intakeofficer shall forward the referral to the prosecutor.

(b)Cases involving neglect, dependency or abuse. Pursuant to Utah Code, Title 62A,Chapter 4a, complaints and reports involving the neglect, abuse or dependencyof minors shall be directed to the nearest office of the Division of Child andFamily Services for investigation, which agency may, with the assistance of theattorney general, file a petition with the court to initiate judicialproceedings.

(c)Coordination of cases pending in district court and juvenile court.

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

(c)(1)(A)In a criminal case all parties have a continuing duty to notify the court of adelinquency case pending in juvenile court in which the defendant is a party.

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

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

(c)(1)(B)(ii)of an abuse, neglect or dependency case in which the respondent is the subjectof the petition or the respondent's parent is a party.


 

(c)(1)(C)The notice shall be filed with a party's initial pleading or as soon aspracticable after the party becomes aware of the other pending case. The noticeshall include the case caption, file number and name of the judge or commissionerin the other case.

Effective Date:? May1, 2018