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Rule 37. Child protective orders.

(a) Child protective order proceedings are governed by Utah Code Title78B, Chapter 7, Part 1, General Provisions and Part 2, Child Protective Orders.Protective order proceedings may be commenced as an independent action byfiling a petition. Any interested person may file a petition for a protectiveorder on behalf of a child as provided by statute. The petitioner shall firstmake a referral to the division. If an immediate ex parte protective order isrequested pending a hearing, the petition or an accompanying affidavit shallset forth the facts constituting good cause for issuance of the ex parte order.

(b) If the petitioner is the agent of a public or private agency,including a law enforcement agency, the petition shall set forth the agent'stitle and the name of the agency that the petitioner represents.

(c) Petitions for protective orders by a public agency shall notbe accepted by the clerk unless reviewed and approved by the attorney for thepublic agency, whose office shall represent the petitioner in such cases.

(d) If the court finds in the hearing that the allegations of thepetition have been established, the court may assess petitioner's costs andattorney fees against the respondent. If the court finds that the petition iswithout merit, the respondent's costs and attorney fees may be assessed againstpetitioner.

(e) If an ex parte order has been issued, the hearing must be heldwithin 21 days.

EffectiveJanuary 19, 2022.