Rule 7. Warrants.
(a) The issuance and execution of a warrant is governed by Title77, Chapter 7, Arrest, Section 78A-6-106, Section 78A-6-106.5, Section78A-6-111, Section 78A-6-112, and Utah Rule of Criminal Procedure 40.
(b) After a petition is filed, a warrant for immediate custody ofa minor may be issued if the court finds from the facts set forth in anaffidavit filed with the court or in the petition that there is probable causeto believe that:
(b)(1) the minor has committedan act which would be a felony if committed by an adult;
(b)(2) the minor has failed toappear after the minor or the parent, guardian or custodian has been legallyserved with a summons;
(b)(3) there is a substantiallikelihood the minor will not respond to a summons;
(b)(4) the summons cannot beserved and the minor's present whereabouts are unknown;
(b)(5) the minor seriouslyendangers others and immediate removal appears to be necessary for theprotection of others or the public; or
(b)(6) there are reasonablegrounds to believe that the minor has run away or escaped from the minor'sparent, guardian or custodian.
(c) A warrant for immediate custody of a minor may be issued ifthe court finds from the affidavit that the minor is under the continuingjurisdiction of the court and probable cause to believe that the minor:
(c)(1) has left the custody ofthe person or agency vested by the court with legal custody and guardianshipwithout permission; or
(c)(2) has violated a courtorder.
(d) A warrant for immediate custody shall be signed by a court andshall contain or be supported by the following:
(d)(1) an order that the minor be returned home, taken to thecourt, taken to a juvenile detention, shelter facility, other
(d)(2) the name, date of birthand last known address of the minor;
(d)(3) the reasons why theminor is being taken into custody;
(d)(4) a time limitation on theexecution of the warrant;
(d)(5) the name and title ofthe person requesting the warrant unless ordered by the court on its owninitiative pursuant to these rules; and
(d)(6) the date, county andcourt location where the warrant is being issued.
(e) A peace officer who brings a minor to a detention facilitypursuant to a court order for immediate custody shall so inform the person incharge of the facility and the existence of such order shall require theminor's immediate admission. A minor so admitted may not be released withoutcourt order.
(f) This rule shall not limit the statutory authority of aprobation officer to take a minor who has violated a condition of probationinto custody.
(g) Return of service on a warrant shall be executed within 72hours unless otherwise ordered by the Court.
(h) The juvenile court to retain and file copies - Documentssealed for twenty days -Forwarding of record to court with jurisdiction.
(h)(1) At the time of issuance, the juvenile court shall retainand seal a copy of the search warrant, the application and all affidavits orother recorded testimony on which the warrant is based and shall, within areasonable time, file those sealed documents in court files which are securedagainst access by the public. Those documents shall remain sealed until twentydays following the issuance of the warrant unless that time is extended orreduced. Unsealed search warrant documents shall be filed in the court record.
(h)(2) Sealing and retention of the file may be accomplished by:
(h)(2)(A) placing paperdocuments or storage media in a sealed envelope and filing the sealed envelopein a court file not available to the public;
(h)(2)(B) storing the documents by electronic or other means underthe control of the court in a manner reasonably designed to preserve theintegrity of the documents and protect them against disclosure to the publicduring the period in which they are sealed; or
(h)(2)(C) filing through theuse of an electronic filing system operated by the State of Utah which systemis designed to transmit accurate copies of the documents to the court filewithout allowing alteration to the documents after issuance of the warrant bythe juvenile court.
Effective Date:? May 1, 2018