THORNE, Judge:
¶ 1 A.H.F. appeals from the juvenile court's ruling certifying him to the district
¶ 2 The charges against A.H.F. arise from events occurring in February 2009, when A.H.F. was fourteen years old. The State alleges that A.H.F. and three adult companions sought to rob alleged drug dealer Greg Brown of $1500 that they believed to be in Brown's possession. A.H.F. allegedly borrowed a pistol from his cousin and arranged to meet Brown by offering to trade the gun for marijuana. Upon meeting with Brown, the group kidnapped and robbed him. However, Brown had little money and the group told him that he needed to get them some more money if he wanted to live.
¶ 3 Brown made several phone calls attempting to find more money and eventually contacted his friend, JoJo Brandstatt. Brown and Brandstatt discussed robbing another drug dealer, and Brandstatt agreed to meet Brown and show him where the other dealer lived. A.H.F. and his companions then took Brown and picked up Brandstatt, robbed him, and forced him to show them where the other dealer lived. The group did not, however, attempt to rob the dealer.
¶ 4 At some point, A.H.F. and his companions felt that Brandstatt "knew too much." The group drove Brown and Brandstatt to an empty golf course, where A.H.F. is alleged to have fatally shot Brandstatt. Leaving Brandstatt at the golf course, A.H.F. and his companions then forced Brown to rob several convenience stores, after which Brown was able to escape. The police apprehended Brown, who named A.H.F. as his kidnapper and led the police to Brandstatt's body.
¶ 5 The State filed an information in juvenile court, charging A.H.F. with one count of aggravated murder, two counts of aggravated kidnapping, and five counts of aggravated robbery, all subject to group and firearm enhancements. The State then filed a motion asking that the juvenile court waive jurisdiction and certify A.H.F. for trial as an adult.
¶ 6 Prior to the certification hearing, A.H.F. filed a motion seeking to exclude from evidence a written report (the Report) prepared by the juvenile probation department and addressing A.H.F.'s social history and background. See generally Utah R. Juv. P. 23(a)(1) (requiring the preparation of a background report for use in certification proceedings). A.H.F. alleged that the Report and its exhibits contained hundreds of pages of hearsay, including but not limited to the juvenile probation department's "recommendation" to certify him for adult trial. The juvenile court denied the motion and determined that the admission of hearsay evidence was appropriate because the certification hearing was dispositional rather than adjudicative and the rules of evidence are not applied as strictly in dispositional hearings as they are in adjudicative hearings.
In light of these conclusions, the juvenile court granted the State's motion and certified A.H.F. to the district court for trial as an adult. A.H.F. appeals.
¶ 8 A.H.F. contends that the juvenile court violated rule 23(a) of the Utah Rules of Juvenile Procedure when it considered hearsay and other inadmissible evidence contained in the Report. "`The proper interpretation of a rule of procedure is a question of law, and we review the trial court's decision for correctness.'" In re E.R., 2000 UT App 143, ¶ 6, 2 P.3d 948 (quoting Ostler v. Buhler, 1999 UT 99, ¶ 5, 989 P.2d 1073).
¶ 9 A.H.F. argues that the district court erred in admitting the Report because it contained hearsay and other inadmissible evidence. The juvenile court concluded that the Utah Rules of Evidence did not strictly apply at A.H.F.'s certification hearing because it was dispositional rather than adjudicative. However, we agree with A.H.F. that rule 23 of the Utah Rules of Juvenile Procedure expressly governs the Report and subjects it to the requirements of Utah's evidentiary rules.
¶ 10 Rule 23 provides that, in certification cases, "the court shall order that a full investigation of the minor's social history and background be made by the court's probation department." Utah R. Juv. P. 23(a)(1). A report of the investigation is to be prepared and made available to parties and counsel no later that forty-eight hours prior to a certification hearing. See id. R. 23(a)(3). Most pertinent to A.H.F.'s argument, rule 23 then states, "Written reports and other materials
¶ 11 The Report in this case clearly falls within the category of "[w]ritten reports and other materials relating to the minor's mental, physical, educational and social history and other relevant information." See id. As such, admissibility of the Report at the certification hearing was "governed by the Rules of Evidence," id., without regard to whether the certification hearing is most properly characterized as dispositional or adjudicative in nature.
¶ 12 A.H.F. argues on appeal that the Report was rife with hearsay and should have been excluded in its entirety.
¶ 13 The State argues that any error by the juvenile court in considering the Report is harmless in light of A.H.F.'s failure to challenge the court's findings on the ten statutory certification factors. See generally Utah Code Ann. § 78A-6-703(3) (Supp.2011). The State also argues that much of the hearsay in the Report would have been admissible under one or more exceptions to the ban on hearsay evidence. See generally Utah R. Evid. 803-804 (identifying exceptions to the hearsay rule). Finally, the State alleges that much of the information contained in the Report was cumulative of other testimony that was presented to the juvenile court without objection.
¶ 14 While the State's arguments might have merit, the juvenile court's erroneous assumption that the rules of evidence were inapplicable deprives us of the benefit of that court's assessment of the Report's admissibility under those rules and in the context of the certification proceeding. Thus, we acknowledge that the admissible evidence presented to the juvenile court might support certification of A.H.F. to the district court. However, we cannot say with reasonable certainty what evidence would have been properly admitted and whether the juvenile court, considering only the admissible evidence,
¶ 15 It is the juvenile court, rather than this court, that is in the best position to determine in the first instance whether certification is appropriate based on the admissible evidence. Accordingly, we remand this matter to the juvenile court for the purpose of first identifying the admissible evidence, and then considering whether certification is appropriate based only on that evidence. If the juvenile court concludes that its ruling would not have changed had the Report been excluded in whole or in part, then the juvenile court may simply reaffirm its ruling with appropriate findings. Otherwise, the juvenile court is directed to conduct, in its discretion, such proceedings as will ensure that its ultimate certification decision complies with rule 23's requirement that the Report be subject to the Utah Rules of Evidence.
¶ 16 The juvenile court erred when it failed to apply the Utah Rules of Evidence to determine the admissibility of the Report. We remand this matter to the juvenile court for reconsideration of its certification order in light of rule 23(a)(3) of the Utah Rules of Juvenile Procedure and for such further proceedings as may be necessary to ensure that the ultimate certification decision regarding A.H.F. complies with that rule.
¶ 17 WE CONCUR: CAROLYN B. McHUGH, Associate Presiding Judge, and MICHELE M. CHRISTIANSEN, Judge.