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 certification proceedings and
permanent deprivation 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 Section 78A-6-309 and Section 78A-6-310.
(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 78A-6-318.