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Rule 7. Warrants.

(a) The issuance and execution of a warrant is governed by Title77, Chapter 7, Arrest; Utah Code sections 78A-6-102, 80-6-202, and 78A-6-352; andRule 40 of the Utah Rules of Criminal Procedure.

(b) After a petition is filed, a warrant for immediate temporarycustody of a minor may be issued if the court finds from the facts set forth inan affidavit filed with the court or in the petition that there is probablecause to believe that:

?(1) the minor has committed an actwhich would be a felony if committed by an adult;

?(2) the minor has failed to appearafter the minor or the parent, guardian or custodian has been legally servedwith a summons;

?(3) there is a substantiallikelihood the minor will not respond to a summons;

?(4) the summons cannot be served andthe minor's present whereabouts are unknown;

?(5) the minor seriously endangersothers and immediate removal appears to be necessary for the protection ofothers or the public; or

?(6)  the minor is arunaway or has escaped from the minor?s parent, guardian, or custodian.

(c)A warrant for immediate temporary custody of a minormay be issued if the court finds from the affidavit that the minor is under thecontinuing jurisdiction of the court and probable cause to believe that the minor:

?(1) has left the custody of theperson or agency vested by the court with legal custody and guardianshipwithout permission; or

?(2) has violated a court order.

(d) A warrant for immediate custody shall be signed by a court andshall contain or be supported by the following:

?(1) an order that the minor be returned home,taken to the court, taken to a juvenile detention, shelter facility, othernonsecure facility or an adult detention facility, if appropriate, designatedby the court at the address specified pending a hearing or further order of thecourt;

?(2) the name, date of birth and lastknown address of the minor;

?(3) the reasons why the minor isbeing taken into custody;

?(4) a time limitation on theexecution of the warrant;

?(5) the name and title of the personrequesting the warrant unless ordered by the court on its own initiativepursuant to these rules; and

?(6) the date, county and courtlocation 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 acondition of probation into custody under Utah Code section 80-6-201.

(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.

(1) Atthe time of issuance, the juvenile court shall retain and seal a copy of thesearch warrant, the application and all affidavits or other recorded testimonyon which the warrant is based and shall, within a reasonable time, file thosesealed documents in court files which are secured against access by the public.Those documents shall remain sealed until twenty days following the issuance ofthe warrant unless that time is extended or reduced. Unsealed search warrantdocuments shall be filed in the court record.

(2)Sealing and retention of the file may be accomplished by:

(A) placing paperdocuments or storage media in a sealed envelope and filing the sealed envelopein a court file not available to the public;

(B)storing the documents by electronic or other means under the control of thecourt in a manner reasonably designed to preserve the integrity of thedocuments and protect them against disclosure to the public during the periodin which they are sealed; or

(C) filing through the use of an electronic filingsystem operated by the State of Utah which system is designed to transmit accuratecopies of the documents to the court file without allowing alteration to thedocuments after issuance of the warrant by the juvenile court.

EffectiveSeptember 27, 2021