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382 P.3d 642
Utah Ct. App.
2016
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Background

  • State petitioned for adjudication and protective supervision; juvenile court adjudicated child dependent as to Father (not neglect/adult fault).
  • Dependency finding rested in part on child’s statement and court finding that parents sometimes hit each other in child’s presence.
  • Division drafted service plan requiring Father to submit to mental health, substance abuse, and domestic violence assessments.
  • Father objected; court sustained objections to mental health and substance assessments but ordered a domestic violence assessment and compliance with its recommendations.
  • Father appealed only the domestic-violence-assessment requirement; he argued it was not a permissible condition because he was not adjudicated neglectful or at fault.
  • Appellate court reviewed for whether the condition was a "reasonable condition" under Utah Code § 78A-6-117(2)(p)(i) and affirmed the juvenile court.

Issues

Issue Father’s Argument State/Guardian’s Argument Held
Whether court could order Father to complete a domestic-violence assessment and follow recommendations as a "reasonable condition" under § 78A-6-117(2)(p)(i) after a dependency adjudication Condition unlawful because Father was not adjudicated neglectful or at fault Condition permissible because dependency adjudication and factual findings (parents hitting in child’s presence) give the court authority to impose reasonable conditions to protect the child Affirmed: Condition is reasonable, related to factual finding, proportionate, and in child’s best interest

Key Cases Cited

  • In re B.R., 171 P.3d 435 (Utah 2007) (appellate deference to juvenile court findings; do not reweigh evidence)
  • In re K.F., 201 P.3d 985 (Utah 2009) (finality and continuing juvenile-court jurisdiction after adjudication)
  • In re M.J., 266 P.3d 850 (Utah Ct. App. 2011) (once adjudicated, court may apply any dispositional options under § 78A-6-117)
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Case Details

Case Name: In re S.A.
Court Name: Court of Appeals of Utah
Date Published: Sep 9, 2016
Citations: 382 P.3d 642; 2016 UT App 191; 20160411-CA
Docket Number: 20160411-CA
Court Abbreviation: Utah Ct. App.
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