554 P.3d 318
Utah Ct. App.2024Background
- The Utah juvenile court adjudicated two children as abused by their father following domestic violence incidents in the home, while the children were still in Utah.
- After a further incident involving the mother's boyfriend, the mother sent the children to live with her parents (the grandparents) in Texas, to avoid potential foster care placement.
- The grandparents subsequently intervened in the Utah juvenile court proceedings and were granted both temporary and permanent custody and guardianship.
- The mother appealed, challenging the court’s jurisdiction, the process of the children’s placement in Texas, the effectiveness of her counsel, and the standard of proof used in the custody determination.
- The children remained in Texas throughout all proceedings, and the Utah court maintained its continuing jurisdiction.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Juvenile court jurisdiction | Utah lost jurisdiction under UCCJEA after children lived 6+ months in Texas | Utah was "home state" at case commencement, retained jurisdiction | Utah retained jurisdiction throughout |
| Compliance with ICPC | ICPC required ensuring grandparents were suitable before placement | ICPC does not apply to voluntary parental placements with relatives | ICPC did not apply to these facts |
| Ineffective assistance of counsel | Counsel failed to call therapist, harming mother’s case | Strategic decision, would not have changed outcome | No deficiency; strategic, not prejudicial |
| Burden/Standard of Proof | Court applied incorrect burden by not giving parental presumption | Parental presumption does not apply after abuse adjudication | No error; any higher burden was harmless |
Key Cases Cited
- In re adoption of B.B., 417 P.3d 1 (Utah 2017) (jurisdiction is reviewed for correctness in child custody cases)
- In re K.F., 201 P.3d 985 (Utah 2009) (parental presumption does not apply post-abuse adjudication in juvenile court)
- In re S.F., 268 P.3d 831 (Utah Ct. App. 2012) (juvenile court has broad dispositional authority after abuse/neglect finding)
- In re M.J., 266 P.3d 850 (Utah Ct. App. 2011) (continuing jurisdiction and burden of proof in juvenile custody modifications)
- In re J.M.V., 958 P.2d 943 (Utah Ct. App. 1998) (abuse/neglect cases are incompatible with the parental custody presumption)