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Rule47. Reviews and modification of orders.

(a) Reviews.

(1)At the time of disposition in any case wherein a minor is placed on probation,under protective supervision or in the legal custody of an individual oragency, the court shall also order that the individual supervising the minor orthe placement, submit a written report to the court at a future date and appearpersonally, if directed by the court, for the purpose of a court review of thecase. If a date certain is not scheduled at the time of disposition, notice bymail of such review shall be given by the petitioner, if the review is amandatory review, or by the party requesting the review to the supervisingagency not less than 5 days prior to the review. Such notice shall also begiven to the guardian ad litem, if one was appointed.

(2)No modification of a prior dispositional order shall be made at a paper reviewthat would have the effect of further restricting the rights of the parent,guardian, custodian or minor, unless the affected parent, guardian custodian orminor waives the right to a hearing and stipulates to the modification. If aguardian ad litem is representing the minor, the court shall give a copy of thesubmitted documents to the guardian ad litem prior tothe paper review.

(b) Review hearings.

(1)Any party in a case subject to review may request a review hearing. The requestmust be in writing and the request shall set forth the facts believed by therequesting party to warrant a review by the court. If the court determines thatthe alleged facts, if true, would justify a modification of the dispositionalorder, a review hearing shall be scheduled with notice, including a copy of therequest, to all other parties. The court may schedule a review hearing on itsown motion.

 

(2)The court may modify a prior dispositional order in a review hearing upon thestipulation of all parties and upon a finding by the court that suchmodification would not be contrary to the best interest of the minor and thepublic.

(3)The court shall not modify a prior order in a review hearing that would furtherrestrict the rights of the parent, guardian, custodian or minor if any partyobjects to the modification. Upon objection, the court shall schedule thematter for a motion hearing and require that a motion be filed with notice toall parties.? A party requesting anevidentiary hearing shall state the request in the motion to modify the priororder or the response to the motion.

(4) All cases which require periodic review hearingsunder Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings shall bescheduled for court review not less than once every six months from the date ofdisposition.

(c) Disposition reviews. Upon the written request of any agency,individual or institution vested with legal custody or guardianship by priorcourt order, the court shall conduct a review hearing to determine if the priororder should remain in effect. Notice of the hearing, along with a copy of thewritten request, must be provided to all parties not less than 5 days prior tothe hearing, unless the hearing is expedited.

(d) Review of a case involving abuse,neglect, or dependency of a minor shall be conducted also in accordance with UtahCode sections 80-3-407, 80-3-409, and 80-3-408.

(e) Intervention plans. Intervention plans are plans prepared by theprobation department or agencies assuming custody of the minor designed toassist the minor and/or the parent, guardian or custodian to address or correctissues that caused the court to be involved with the minor and his or herfamily.

(1)In all cases where the disposition order places temporary legal custody orguardianship of the minor with an individual, agency, or institution, aproposed intervention plan shall be submitted by the probation department whenprobation has been ordered; by the agency having custody or guardianship; or bythe agency providing protective supervision, within 30 days following the dateof disposition. This intervention plan shall be updated whenever a substantialchange in conditions or circumstances arises.

(2)In cases where parental rights have been terminated, the intervention planshall identify efforts made by the child placing agency to secure the adoptionof the minor and subsequent review hearings shall be held until the minor hasbeen adopted or permanently placed.

(f) Progress reports.

(1)A written progress report relating to the intervention plan shall be submittedto the court and all parties by the agency, which prepared the interventionplan at least two working days prior to the review hearing date.

(2)The progress report shall contain the following:

(A)A review of the original conditions, which invoked the court's jurisdiction.

(B)Any significant changes in these conditions.

(C)The number and types of contacts made with each family member or other personrelated to the case.

(D)A statement of progress toward resolving the problems identified in theintervention plan.

(E)A report on the family's cooperation in resolving the problems.

(F)A recommendation for further order by the court.

(g) In substantiation proceedings, aparty may file a motion to set aside a default judgment or dismissal of asubstantiation petition for failure to appear, within thirty days after theentry of the default judgment or dismissal. On motion and upon such terms asare just, the court may in the furtherance of justice relieve a party from adefault judgment or dismissal if the court finds good cause for the party'sfailure to appear. The filing of a motion under this Subdivision does notaffect the finality of a judgment or suspend its operation.

Effective September 1, 2021.