K.Z. v. State
310 P.3d 772
Utah Ct. App.2013Background
- Parents have a long history with Utah DCFS, including prior removals and sixteen DCFS cases over the years.
- July 2009: DCFS filed an expedited placement motion and petition for custody alleging habitual drug use and placed children in DCFS custody; parents fled to Colorado with the children.
- January 2010: Juvenile court granted a DCFS motion to terminate the case while retaining jurisdiction; DCFS and court treated the case as dormant due to the family’s absence.
- April–May 2010: four children returned to Utah; fifth child located in May 2010; DCFS filed a new verified petition and shelter hearings were held.
- April 2011: termination trial held; parents did not appear; notice had been provided and trial proceeded; court terminated parental rights on May 25, 2011.
- June 2011: parents filed motions for a new trial, which the court denied; the Williams/Judge Amended Opinion affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Utah retained exclusive, continuing jurisdiction under UC-CJEA to terminate rights after relocation | Parents argue Utah lost jurisdiction when they fled to Colorado and the January 2010 order divested it. | DCFS argues Utah retained exclusive, continuing jurisdiction because no final subsection 202(1) determinations were made and the court expressly retained jurisdiction. | Utah retained exclusive, continuing jurisdiction; January 2010 order did not divest. |
| Whether due process was violated by a termination trial conducted in the parents' absence | Parents contend absence denied them due process and a last-minute continuance should have been granted. | Notice was provided; parents failed to seek timely continuance; absence did not violate due process. | No due process violation; denial of a new trial affirmed. |
Key Cases Cited
- In re P.F.B., 191 P.3d 49 (Utah App 2008) (jurisdictional and standard-of-review principles for appeals in child welfare matters)
- In re J.R., 257 P.3d 1043 (Utah App 2011) (subject matter jurisdiction and standard of review)
- In re J.B., 53 P.3d 968 (Utah App 2002) (due process considerations in termination proceedings)
- In re A.E., 29 P.3d 31 (Utah App 2001) (due process and presence at termination hearings)
- State v. Wanosik, 31 P.3d 615 (Utah App 2001) (notice and presence in trial; continuance considerations)