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Rule 50. Presence at hearings.

(a) In abuse,neglect, and dependency cases the court shall admit persons as provided by UtahCode sections 80-3-104 and 80-4-106. If a motion is made to deny any personaccess to any part of a hearing, the parties to the hearing, including theperson challenged, may address the issue by proffer, but are not entitled to anevidentiary hearing. A person denied access to a proceeding may petition theUtah Court of Appeals under Rule 19 of the Utah Rules of Appellate Procedure.Proceedings are not stayed pending appeal. As provided under Utah Code sections80-3-107 and 80-4-107, a person may file a petition requesting a copy of arecord of the proceedings, setting forth the reasons for the request. Upon feepayment and the Court?s finding of good cause, the person will receive an audiorecording of a proceeding. The Court may place under seal information receivedin an open proceeding.

(b) Indelinquency cases the court shall admit all persons who have a direct interestin the case and may admit persons requested by the parent or legal guardian tobe present.

(c) Indelinquency cases in which the minor charged is 14 years of age or older, thecourt shall admit any person unless the hearing is closed by the court uponfindings on the record for good cause if:

(1) the minor has been charged with an offense whichwould be a felony if committed by an adult; or

(2) the minor is charged with an offense that would bea class A or B misdemeanor if committed by an adult and the minor has beenpreviously charged with an offense which would be a misdemeanor or felony ifcommitted by an adult.

(d) If anyperson, after having been warned, engages in conduct that disrupts the court,the person may be excluded from the courtroom. Any exclusion of a person whohas the right to attend a hearing shall be noted on the record and the reasonsfor the exclusion given. Counsel for the excluded person has the right toremain and participate in the hearing.

(e) Videotaping,photographing or recording court proceedings shall be as authorized by the Codeof Judicial Administration.

(f) Inproceedings subject to the Indian Child Welfare Act of 1978, 25 U.S.C. sections1901?63:

(1) The Indian child?s tribe is not required toformally intervene in the proceeding unless the tribe seeks affirmative relieffrom the court.

(2) If an Indian child?s tribe does not formallyintervene in the proceeding, official tribal representatives from the Indianchild?s tribe have the right to participate in any court proceeding. Participatingin a court proceeding includes:

(A) being present at the hearing;

(B) addressing the court;

(C) requesting and receiving noticeof hearings;

(D) presenting information to the court and otherparties that is relevant to the proceeding;

(E) submitting written reports and recommendations tothe court and other parties; and

(F) performing other duties and responsibilities asrequested or approved by the court.

(3) The designated representative must provide therepresentative?s contact information in writing to the court and other parties.

(4) As provided in Rule 14-802 of the Supreme CourtRules of Professional Practice, before a nonlawyer may represent a tribe in theproceeding, the tribe mustdesignate the nonlawyer representative by filing a written authorization. Ifthe tribe changes its designated representative or if the representativewithdraws, the tribe must file a written substitution of representation orwithdrawal.

EffectiveSeptember 27, 2021