80-6-305. Petition for a delinquency proceeding -- Amending a petition -- Continuance.
(1) A prosecuting attorney shall file a petition, in accordance with Utah Rules of Juvenile Procedure, Rule 17, to commence a proceeding against a minor for an adjudication of an alleged offense, except as provided in: Subsection; (2) Section; 80-6-302 Section; and 80-6-502 Section. 80-6-503
(2) A prosecuting attorney may not file a petition under Subsectionagainst an individual for an offense alleged to have occurred before the individual was 12 years old, unless: (1) the individual is alleged to have committed a felony violation of: Section, aggravated assault resulting in serious bodily injury to another; 76-5-103 Section, aggravated murder or attempted aggravated murder; 76-5-202 Section, murder or attempted murder; 76-5-203 Section, aggravated kidnapping; 76-5-302 Section, aggravated sexual assault; 76-5-405 Section, aggravated arson; 76-6-103 Section, aggravated burglary; 76-6-203 Section, aggravated robbery; or 76-6-302 Section, felony discharge of a firearm; or 76-11-210 an offer for a nonjudicial adjustment is made under Sectionand the minor: 80-6-303.5 declines to accept the offer for the nonjudicial adjustment; or fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment.
(3) A juvenile court may dismiss a petition under this section at any stage of the proceedings.
(4) When evidence is presented during any proceeding in a minor's case that points to material facts not alleged in the petition, the juvenile court may consider the additional or different material facts raised by the evidence if the parties consent. The juvenile court, on a motion from any interested party or on the court's own motion, shall direct that the petition be amended to conform to the evidence. If an amended petition under Subsectionresults in a substantial departure from the material facts originally alleged, the juvenile court shall grant a continuance as justice may require in accordance with Utah Rules of Juvenile Procedure, Rule 54. (4)(b)