ESTABLISH ORDER

CS 1387P Children in Care (CIC) Judicial Review of Administrative Orders for CIC Cases

10/18/82 Revised 07/11/2023 Training Completed 07/25/2023 Last Reviewed 12/02/24

U.C.A. 26B-9-230, 63G-4-401, 402

NOTE: CIC-specific procedures contained in this section.

Judicial Review of Administrative Orders on CIC Cases

A party may obtain judicial review of a final agency action (administrative order) issued by the Office of Recovery Services/Children in Care (ORS/CIC) by filing a petition for judicial review of a final agency action with the juvenile court which placed the child in the care or custody of the State 30 days after the date the administrative order was issued. If a respondent does not believe that any administrative order is correct, s/he may file a petition for judicial review.

The court will decide by "trial de novo," (a new hearing where all evidence is considered) all questions of fact and law, and any constitutional issues raised in the petition, which means that the judge will set the parameters for the hearing. The new hearing may involve a full hearing on the facts, a mere review of the record, testimony by the Presiding Officer (PO), and arguments by attorneys, depending on the nature of the petition and decision of the judge.

All petitions for Judicial Review served on the Department of Health and Human Services and routed to the Office of Administrative Hearings, the Office of Recovery Services, or the Attorney General’s Office (AGO), should be rerouted to the appropriate CIC team.