Category: -Rules of Juvenile Procedure

Rules of Juvenile Procedure – Comment Period Closes August 12, 2021

URJP005. Definitions. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and updates the definition of “ungovernability” to align with H.B. 285.

URJP007. Warrants. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modifies the language in subsection (b)(6) regarding runaway minors to align with H.B. 285, adds a statutory reference to the authority a probation officer has to take into custody a minor who violates a condition of probation, and clarifies that “custody” is “temporary custody.”

URJP011. Time limits on detention orders. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and adds language to address when diversion in lieu of detention agreements can terminate.

URJP030. Citations; applicable offenses and procedures; bail. Amend.  Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Clarifies a minor’s right to bail when the minor has been cited or is in a detention facility as well as that “court” refers to “juvenile court.”

URJP050. Presence at hearings. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modifies the language in subsection (f) to conform with proposed changes the Advisory Committee on the Rules of Civil Procedure made to Civil Rule 24 involving tribal intervention and participation in Indian Child Welfare Act cases.

URJP060. Judicial bypass procedure to authorize minor to consent to an abortion. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and qualifies that the time frame in subsection (d) is business days.

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Rules of Juvenile Procedure – Comment Period Closes July 31, 2021

URJP021. Warrant of arrest or summons in cases under Utah Code section 78A-6-703.3. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and changes terminology regarding detention and correctional facilities to align with statutory language.

URJP037. Child protective orders. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and changes the time frame for holding a hearing after granting an ex party child protective order to align with statutory changes in H.B. 255 Protective Order Revisions (2021).

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Rules of Juvenile Procedure – Comment Period Closed June 21, 2021

URJP003. Style of pleadings and forms. Amend. Makes revisions to align the captions in protective order cases and cases transferred from District Court involving custody, child support, and parent time with Title 30, Chapters 3 and 4, Divorce and Separate Maintenance, respectively, Title 78B, Chapter 7, Child Protective Orders, and court forms.

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Rules of Juvenile Procedure – Comment Period Closed April 25, 2021

URJP016. Transfer of delinquency case. Amended. Makes revisions to transferring delinquency cases between judicial districts to reflect statutory changes made by H.B. 285 Juvenile Recodification.

URJP016A. Transfer of a non-delinquency proceeding. New. A new rule establishing procedures for transferring non-delinquency cases between judicial districts in response to statutory changes contained in H.B. 285 Juvenile Recodification.

URJP017. The petition. Amended. Updates statutory references and makes revisions to the contents to be included in a petition for termination of parental rights to reflect statutory changes contained in H.B. 285 Juvenile Recodification.

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Rules of Juvenile Procedure – Comment Period Closed February 4, 2019

URJP009. Detention hearings; scheduling; hearing procedures.  Clarifies conditions under which a minor may be held in detention and deletes the Advisory Committee Note.

URJP027A. Admission of statements given by minors.  Revised to delete paragraph (a)(2) due to concerns that the language may unconstitutionally shift the  burden to a juvenile to show that the juvenile did not knowingly and voluntarily waive his or her rights. Also deletes the Advisory Committee Note.

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Rules of Juvenile Procedure – Comment Period Closed July 22, 2018

URJP005. Amended.  Makes revisions to the definition of “ungovernability” to comply with statutory changes, which become effective July 1, 2018.  Corrects references to “child” rather than “minor.”

URJP09. Amended.  Makes revisions to comply with statutory changes to 78A-6-112 and 78A-6-113, which will become effective July 1, 2018.  The revisions place restrictions on the amount of time and the conditions under which the minor may be held in detention.

URJP011. Amended.  Clarifies that a request to extend the time period for filing a petition related to a detention order shall be made specifically by motion rather than merely “a separate written request.”  Eliminates outdated language regarding court forms.

URJP018. Amended.  Adds the term “parents” to make the language of the rule consistent with 78A-6-109.

URJP058. Amended.  Adds a reference to Chapter 37 to the statement “the court shall honor the rights and procedures accorded to victims pursuant to Title 77, Chapters 37 and 38, Victims Rights.”

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Rules of Juvenile Procedure – Comment Period Closed May 28, 2018

URJP004  Rule 4 is revised to include weekends and holidays in the computation of time to bring the juvenile rule into conformity with computation of time rules contained in civil and criminal rules.  It also eliminates provisions related to motions, which were previously moved to Utah R. Juv. P. 19A.

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Rules of Juvenile Procedure – Comment Period Closed December 31, 2017

URJP007 Warrants.  Contains revisions necessitated by new statute section 78A-6-106.5 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP015 Preliminary inquiry; informal adjustment without petition.  Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP016 Transfer of delinquency case for preliminary inquiry.  Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.  Clarifies applicability of certain rule provisions to a child (under the age of 18) and a minor (under the age of 21).

URJP023A Hearing on conditions of Section 78A-6-702.  Changes burden of proof to preponderance to bring rule into conformity with 2015 statute change.

URJP031 Initiation of truancy proceedings.  Repeals Rule 31 due to statutory changes removing juvenile court jurisdiction over habitual truants.

URJP033 Preliminary orders and summary proceedings.  Deletes provisions related to the ability to place non-resident runaways into the custody of the Division of child and Family Services.

 

 

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