Juvenile Court Archives

State in Interest of P.J.R., 2023 UT App 27

THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.J.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, V. STATE OF UTAH, Appellee. Opinion No. 20220264-CA Filed March 23, 2023 Sixth District Juvenile Court, Manti Department…

State In Interest of B.W. – 2022 UT App 131

State In Interest of B.W. – 2022 UT App 131 Court of Appeals of Utah. STATE of Utah, IN the INTEREST OF B.W., J.W., and N.W., persons under eighteen years of age. H.W., Appellant, v. State of Utah, Appellee. No.…

In Re K.K. – 2023 UT App 14 – Abuse and Neglect Adjudication

March 15, 2023

Divorce Utah

Abuse, Appeal, Child Abuse, Child Custody, Child Neglect, Court Orders, Custody, Division of Child and Family Services (DCFS), Emotional abuse, Evidence, Family Law, Findings of Fact and Conclusions of Law, Guardianship, Juvenile Court, Physical Custody, Procedure and Evidence, Utah Code, Utah Court of Appeals Decisions, Utah Law

(b), § 80-1-102(92), ¶ 14, ¶ 27, ¶ 9, 2011 UT 71, 2017 UT 44, 2018 UT App 141, 2020 UT App 114, 2021 UT 36, 2022 UT 39, 424 P.3d 91, 496 P.3d 58, abuse, abuse adjudication, against the clear weight of the evidence, and (B), appeal, both neglected and abused, clear and convincing evidence harmed or threatened harm, clearly erroneous, conclusions of law, defined, domestic violence in the presence of a children, error, Essential Botanical Farms, facts, findings of fact, In re A.B., In re C.M.R., in re E.R., In re K.T., In re N.M., juvenile court, LC v. Kay, mixed questions of law and fact, neglect adjudication, prejudiced, speculate, Utah Code § 80-1-102(1)(a)(i)(A), Utah Code § 80-1-102(37)(a), Utah Code § 80-3-402, Utah Code § 80-3-402(1), Utah Court of Appeals, very highly probable

In re K.K. – 2023 UT App 14 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE. B.K., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20220051-CA…

In re K.K. – 2023 UT App 13

March 14, 2023

Divorce Utah

Abuse, Child Abuse, Child Custody, Child Neglect, Court Orders, Division of Child and Family Services (DCFS), Emotional abuse, Evidence, Family Law, Findings of Fact and Conclusions of Law, Guardianship, Juvenile Court, Physical Custody, Procedure and Evidence, Uncategorized, Utah Law

(b), § 80-1-102(92), ¶ 14, ¶ 27, ¶ 9, 2011 UT 71, 2017 UT 44, 2018 UT App 141, 2020 UT App 114, 2021 UT 36, 2022 UT 39, 424 P.3d 91, 496 P.3d 58, abuse, abuse adjudication, against the clear weight of the evidence, and (B), appeal, both neglected and abused, clear and convincing evidence harmed or threatened harm, clearly erroneous, conclusions of law, defined, domestic violence in the presence of a children, error, Essential Botanical Farms, facts, findings of fact, In re A.B., In re C.M.R., in re E.R., In re K.T., In re N.M., juvenile court, LC v. Kay, mixed questions of law and fact, neglect adjudication, prejudiced, speculate, Utah Code § 80-1-102(1)(a)(i)(A), Utah Code § 80-1-102(37)(a), Utah Code § 80-3-402, Utah Code § 80-3-402(1), Utah Court of Appeals, very highly probable

In re K.K. – 2023 UT App 13 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE. D.K., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20220050-CA…

In Re J.E. – 2023 UT App 3 – Challenge to Voluntary Declaration of Paternity

March 9, 2023

Divorce Utah

Appeal, Court Orders, Court Rules, Family Law, Juvenile Court, Parental Rights, Procedure and Evidence, Termination of Parental Rights, Utah Code, Utah Court of Appeals Decisions, Utah Law

voluntary declaration of paternity

In re J.E. – 2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210921-CA Filed January…

In Re A.H. – 2022 UT App 114 – Termination of Parental Rights

March 2, 2023

Divorce Utah

Adoption, Appeal, Best Interest of the Child, Child Abuse, Child Custody, Child Neglect, Child Protective Services, Child Support, Court Orders, Custody, Evidence, Family Law, Findings of Fact and Conclusions of Law, Grandparent rights, Guardianship, Ineffective Assistance of Counsel, Judges, Juvenile Court, Mental Illness, Parental Fitness, Parental Rights, Physical Custody, Procedure and Evidence, Substance Abuse, Utah Code, Utah Court of Appeals Decisions, Utah Law

2021 UT 19, 455 U.S. 745, 530 U.S. 57, 648 P.2d 1364, abandonment, abuse, adoption, appeals, best interest, clear and convincing evidence standard, deference, federal and state constitutions Troxel v. Granville, foster parents, fundamental rights, guardianship, In re G.D., In re J.P., juvenile court, lower court findings, most important rights, neglect, parental rights, permanent guardianship, present-tense fashion, relatives, reverse, right of parents to raise their children, Santosky v. Kramer, stipulation, strictly necessary, termination, two-part test, United States Constitution, Utah Code § 80-4-104(1)

2022 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H., J.H., J.H., L.H., N.H., S.H., AND E.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. N.J.H. AND S.H., Appellants, v. STATE OF UTAH, Appellee. Opinion…

In Re J.E. 2023 UT App 3, Voluntary Declaration of Paternity

2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210921-CA Filed January 20, 2023 Third District…

In Re K.T. 2023 UT App 5 – Substantiation of Child Abuse

2023 UT App 5 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.T., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.K., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210553-CA Filed January 20, 2023 Third District…

In re J.L… 2022 UT 12 – termination of parental rights

2022 UT 12 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, in the Interest of J.A.L. and J.O.L., Persons Under Eighteen Years of Age J.L. and J.A., Appellants, STATE OF UTAH, Appellee. No. 20200271 Heard September…

In re J.P. – 2021 UT App 134 – termination of parental rights

In re J.P. – 2021 UT App 134 2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.L., Appellant, v. STATE OF UTAH, Appellee. Opinion…

In re J.P. – 2021 UT App 134 – termination of parental rights

2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.L., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210185-CA Filed December 9, 2021 Fifth…

In re Z.C. W. – 2021 UT App 98 – Utah Court of Appeals

October 4, 2021

Divorce Utah

Abuse, Best Interest of the Child, Child Abuse, Juvenile Court, Legal System, Termination of Parental Rights, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

best interest, Domestic Violence, parental rights, terminate, termination of parental rights, Utah Code § 78A-6-503(1), Utah Code § 80-4-104(1), Utah Code § 80-4-301

In re Z.C.W. – 2021 UT App 98 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF Z.C.W. AND C.C.W., PERSONS UNDER EIGHTEEN YEARS OF AGE. R.D., Appellant, v. C.L.W., Appellee. Opinion No. 20200039-CA Filed September 23, 2021 Third District Juvenile Court, West Jordan Department The Honorable Renee M. Jimenez …

In re A.H. – 2021 UT App 57, Ineffective Assistance, Reasonable Efforts

ttps://www.utcourts.gov/opinions/appopin/In%20re%20A.H…20210528_20190846_57.pdf In re A.H. – 2021 UT App 57 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H. AND N.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.H., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20190846-CA Filed May 28, 2021 Third District Juvenile Court, Salt Lake Department …

Does having the judge interview the children traumatize the children?

December 23, 2020

Divorce Utah

Abuse, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Divorce, Divorce Attorneys, Divorce Causes, Divorce Mistakes, Emotional abuse, Family Law, Fathers' Divorce Issues, Firing a Divorce Lawyer, GAL (Guardian ad Litem), Judges, Justice and Equity, Juvenile Court, Legal Custody, Legal System, Modification of Child Custody, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Physical Custody, Preparing for Divorce, Utah Code, Utah Law, Utah Supreme Court Decisions

§ 30-3-10(5), $10, $3, 000, better, child abuse, child witness, children, custody evaluator, different, effectively, free of charge, functionally, GAL, guardian ad litem, hearsay, interview, judge, LCSW, less time, mental health professional, on the record, parents, Psychologist, second hand information, skilled, spending, thousands, trauma, traumatize, Utah code, Utah Legislature

Does having the judge interview the children traumatize the children? This post is the second in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child…

In re J.R.H. – 2020 UT App 155 – witness credibility, sufficiency of evidence

November 27, 2020

Divorce Utah

Evidence, Juvenile Court, Utah Court of Appeals Decisions

2009 UT 23, 2020 UT App 155, 210 P.3d 288, apparently false, existence of any additional evidence, In Re J.R.H., incredibly dubious, inherently improbable, lack of any corroboration, material inconsistencies, no other circumstantial or direct evidence of guilt, State v. Robbins, testimony

THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.R.H., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.R.H., Appellant, vs. STATE OF UTAH, Appellee. Opinion No. 20190419-CA Filed November 13, 2020 Fourth District Juvenile Court, Spanish Fork…

In re C.M.R. 2020 UT App 114 – abuse, ineffective assistance of counsel

August 25, 2020

Divorce Utah

Abuse, Ineffective Assistance of Counsel, Juvenile Court, Utah Code, Utah Court of Appeals Decisions

abuse, Dependency, ineffective assistance of counsel, neglect

2020 UT App 114 https://www.utcourts.gov/opinions/appopin/In%20re%20C.M.R…20200806_20190808_114.pdf THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF C.M.R., B.T.R., P.J.R., F.S., AND O.S., PERSONS UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20190808-CA Filed…

In re D.M. – 2020 UT App 59 – termination of parental rights

April 13, 2020

Divorce Utah

Juvenile Court, Parental Rights, Termination of Parental Rights, Utah Court of Appeals Decisions, Utah Law

2020 UT App 59 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF D.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.M., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20190470-CA Filed April 9, 2020 Third District…

2020 UT App 52 – In re J.M. – termination of parental rights

April 3, 2020

Divorce Utah

Juvenile Court, Parental Rights, Termination of Parental Rights, Utah Court of Appeals Decisions, Utah Law

2020 UT App 52 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.M. AND M.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. M.M., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20190673-CA Filed March 26, 2020 Third…

2020 UT App 50 – In A.T. – parental presumption erroneously applied

April 2, 2020

Divorce Utah

Juvenile Court, Utah Court of Appeals Decisions, Utah Law

Hutchison, juvenile court, natural parents, parental presumption, reunification, termination

2020 UT App 50 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.T., J.T., AND K.B., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.B., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20190591-CA Filed March 26, 2020…

2020 UT App 35 – V.M. v. Division of Child and Family Services

March 10, 2020

Divorce Utah

Juvenile Court, Sexual Abuse, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law

child, DCFS, evidence, juvenile court, legal error, sexual abuse, substantiation

2020 UT App 35 THE UTAH COURT OF APPEALS V.M., Appellant, v. DIVISION OF CHILD AND FAMILY SERVICES, Appellee. Opinion No. 20180906-CA Filed March 5, 2020 Fourth District Juvenile Court, Provo Department The Honorable Brent H. Bartholomew No. 1155142 Andrew…