As amended through October 28, 2024
Rule 45 - Dispositional Reports(a)Delinquency cases.(1) Unless waived by the court, a dispositional report shall be prepared in all proceedings which result in the filing of a petition. The dispositional report shall be deemed waived, unless otherwise ordered, in all traffic, fish and game and boating cases, and other bailable offenses. The report shall conform to the requirements in the Code of Judicial Administration. (2) Investigation of the minor and family for the purpose of preparing the dispositional report shall not be commenced before the allegations have been proven without the consent of the parties.(3) The dispositional report shall not be viewed or considered by the judge before the adjudication of the charges or allegations to which it pertains. If no disposition report has been prepared or completed before the dispositional hearing, or if the judge wishes additional information not contained in the report, the dispositional hearing may be continued for a reasonable time to a date certain.(4) The dispositional report shall be provided to the minor's counsel, the prosecuting attorney, the guardian ad litem, if applicable, and counsel for the parent, guardian, or custodian of the minor, if applicable, at least two business days prior to the dispositional hearing. When the minor or the minor's parent, guardian, or custodian are not represented by counsel, the court may limit inspection of reports by the minor or the minor's parent, guardian, or custodian if the court determines it is in the best interest of the minor to do so.(b)Neglect, abuse, and dependency cases.(1) For the purpose of determining proper disposition of the case, written reports and other material relating to the minor's mental, physical, and social history and condition may be received in evidence and may be considered by the court along with other evidence. The court may require that the person who wrote the report or prepared the material appear as a witness if the person is reasonably available.(2) The juvenile court shall review and receive each dispositional report submitted by the Division of Child and Family Services as described in Utah Code section 80-3-408.Amended effective 1/19/2022.