Rule 50. Presence at hearings.
(a) In abuse,neglect, and dependency cases the court shall admit persons as provided by UtahCode section 78A-6-114. If a motion is made to deny any person access to anypart of a hearing, the parties to the hearing, including the person challenged,may address the issue by proffer, but are not entitled to an evidentiaryhearing. A person denied access to a proceeding may petition the Utah Court ofAppeals under Rule 19 of the Utah Rules of Appellate Procedure. Proceedings arenot stayed pending appeal. As provided under Utah Code section 78A-6-115, aperson may file a petition requesting a copy of a record of the proceedings,setting forth the reasons for the request. Upon fee payment and the Court?sfinding of good cause, the person will receive an audio recording of aproceeding. The Court may place under seal information received in an openproceeding.
(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 chargedwith an offense which would be a felony if committed by an adult; or
(2) the minor is charged withan offense that would be a class A or B misdemeanor if committed by an adultand the minor has been previously charged with an offense which would be amisdemeanor or felony if committed 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.Participating in a court proceeding includes being able to:
(A) bepresent at the hearing;
(B) addressthe court;
(C) requestand receive notice of hearings;
(D) presentinformation to the court that is relevant to the proceeding;
(E) submitwritten reports and recommendations to the court; and
(F) perform other duties andresponsibilities as requested or approved by the court.
(3) The designated representative must provide therepresentative?s contact information in writing to the court.
(4) As provided in Rule 14-802 of the Supreme CourtRules of Professional Practice, before a nonlawyermay represent a tribe in the proceeding, the tribe must designate the nonlawyerrepresentative by filing a written authorization. If the tribe changes itsdesignated representative or if the representative withdraws, the tribe mustfile a written substitution of representation or withdrawal.
Effective November 1, 2020.