As amended through October 28, 2024
Rule 44 - Findings and conclusions(a) If, upon the conclusion of an adjudicatory hearing, the court determines that the material allegations of the petition are established, it shall announce its ruling. The findings of fact upon which it bases its determination may also be announced or reserved for entry by the court in an order as provided in these Rules. In cases concerning any minor who has violated any federal, state, or local law or municipal ordinance, or any person under 21 years of age who has violated any such law or ordinance before becoming 18 years of age, findings of fact shall not be necessary. If, after such a determination, the dispositional hearing is not held immediately and the minor is in detention or shelter care, the court shall determine whether the minor shall be released or continued in detention, shelter care or the least restrictive alternative available.(b) In proceedings under Utah Code sections 80-6-402, 80-6-503, and 80-6-504, and in abuse, neglect, dependency, termination of parental rights, and contested adoption cases, the court shall enter findings of fact and conclusions of law with specific reference to each statutory requirement considered, setting forth the complete basis for its determination. Such findings and conclusions may be prepared by counsel at the direction of the court, but shall be reviewed and modified as deemed appropriate by the court prior to the court's acceptance and signing of the documents submitted by counsel.(c) The court may at any time during or at the conclusion of any hearing, dismiss a petition and terminate the proceedings relating to the minor if such action is in the interest of justice and the welfare of the minor. The court shall dismiss any petition which has not been proven. (d) After the dispositional hearing, the court shall enter an appropriate order or decree of disposition. (e) Adjudication of a petition alleging abuse, neglect, or dependency of a child shall be conducted also in accordance with Utah Code sections 80-3-201 and 80-3-401. (f) Adjudication of a petition to review the removal of a child from foster care shall be conducted also in accordance with Utah Code section 80-3-502.Amended September 4, 2020, effective 11/1/2020; amended November 18, 2021, effective 11/18/2021.