Print Version
Previous PageFile uploaded: 4/3/2012

Rule 46.Disposition hearing.

(a) Disposition hearings may beseparate from the hearing at which the petition is proved or may followimmediately after that portion of the hearing at which the allegations of the petitionare proved. Disposition hearings shall be conducted in an informal manner tofacilitate the opportunity for all participants to be heard.

(b) The court may receive anyinformation that is relevant to the disposition of the case including reliablehearsay and opinions. Counsel for the parties areentitled to examine under oath the person who prepared the pre-dispositionreport if such person is reasonably available. The parties are entitled tocompulsory process for the appearance of any person, including characterwitnesses, to testify at the hearing. A minor's parent or guardian may addressthe court regarding the disposition of the case, and may address other issueswith the permission of the court.

(c) After the dispositionhearing, the court shall enter an appropriate order. After announcing itsorder, the court shall advise any party who is present and not represented bycounsel of the right to appeal the court's decision.

(d) The disposition order madeand entered by the court shall be reduced to writing and a copy mailed orfurnished to the minor, and to the parent, guardian or custodian of a child, orcounsel for the minor and parent, guardian or custodian, if any, theprosecuting attorney, the guardian ad litem, and any agency or person affectedby the court's order. The disposition order may be prepared by counsel at thedirection of the court, but shall be reviewed and modified as deemedappropriate by the court prior to the court's acceptance and signing ofsubmission.

(e) Disposition of a petitionalleging abuse, neglect, or dependency of a child shall be conducted also inaccordance with Utah Code Section 78A-6-117, Section 78A-6-311, andSection78A-6-312.