Utah Code Jud. Admin. 7-302

As amended through October 28, 2024

Rule 7-302 - Court reports prepared for delinquency cases

Intent:

To develop minimum standards for court reports to the Juvenile Court.

Applicability:

This rule shall apply to all court reports prepared for delinquency cases in the Juvenile Courts.

Statement of the Rule:

(1)Court report. The probation department or other agency designated by the court shall prepare a court report in writing in all cases in which a petition has been filed, except:

(2)Any matter. The court can direct the probation department to prepare a court report on any matter referred to the court.

(3)Report contents. The contents of the court report shall include the following:

(3)(A) A summary of:

(3)(A)(i) the circumstances surrounding the matter before the court;

(3)(A)(ii) the minor's prior referral history, including prior actions taken by the probation department;

(3)(A)(iii)any contacts and history the family has had with other agencies;

(3)(A)(iv) the victim impact statement;

(3)(A)(v) responses to the minor's compliant and non-compliant behavior;

(3)(A)(vi) the minor's academic performance and behavior in school and a statement of the minor's employment history if applicable;

(3)(A)(vii) any physical or emotional problems the minor may have that could affect behavior;

(3)(A)(viii) the minor's substance use history; and

(3)(A)(ix) the strengths and weaknesses of the minor as perceived by the minor and the parents or guardian(s);

(3)(B) the minor's risk level as indicated by a validated risk and needs assessment, as well as a list of risk and protective factors;

(3)(C) recommendations specific to the minor's risk level that consider restorative justice principles and evidence-based best practices;

(3)(D) an acknowledgment that probation considered the Juvenile Disposition Guidelines and if there is a deviation from the statutory presumption or an increase in the level of supervision, the specific factors supporting the deviation; and

(3)(E) any other relevant information.

(4)Verification. All information contained in the court report should be verified whenever possible. Individuals providing information for the report should be identified and any opinions or unverified information should be identified as such.

(5)Social information. No social information shall be gathered on a minor if the minor denies the allegations during the preliminary inquiry unless the minor and parent/guardian or custodian give their written consent for the information to be gathered. No social information shall be provided to the court before the minor's case is adjudicated.

(6)Filing. Once the court report is prepared, it shall be electronically filed in the minor's file.

Utah Code Jud. Admin. 7-302

Amended effective 11/1/2019; amended effective 11/1/2021.