Utah Court of Appeals

When can juvenile courts grant permanent custody to relatives? In re A.B. Explained

2017 UT App 14
No. 20160793-CA
January 26, 2017
Affirmed

Summary

Mother appealed a juvenile court order placing her children in permanent custody with their grandfather. The State had moved to terminate services due to both parents’ lack of involvement, but the court gave them 45 additional days to demonstrate engagement with services, which mother failed to do.

Analysis

The Utah Court of Appeals in In re A.B. affirmed a juvenile court’s decision to place children in permanent custody with their grandfather, demonstrating how courts evaluate the best interests of children when parents fail to comply with service plans.

Background and Facts

The Division of Child and Family Services moved to terminate services due to both parents’ lack of involvement in court-approved service plans. However, the juvenile court provided each parent an additional 45 days to demonstrate their commitment to regaining custody by engaging with the child and family plan. During this period, the mother failed to contact the case worker despite moving to another state, did not inform DCFS of her new living situation, and offered no explanation for her complete lack of communication or compliance with services.

Key Legal Issues

The court addressed two primary issues: whether sufficient evidence supported the finding that returning the children to mother would create substantial risk of detriment, and whether the juvenile court’s findings were adequate for appellate review.

Court’s Analysis and Holding

Under Utah Code § 78A-6-314(2)(c), it constitutes prima facie evidence of substantial risk when a parent fails to participate in, comply with, or meet the goals of a court-approved service plan. The court applied the clearly erroneous standard for factual findings and the clear weight of evidence standard for permanent custody decisions. The evidence showed the children were thriving in their grandfather’s care and experiencing stability previously lacking in their lives.

Practice Implications

This decision emphasizes that juvenile courts have wide discretion in permanency determinations, and appellate courts will not reweigh evidence when a foundation exists. Practitioners should ensure clients understand that failure to engage with services creates statutory presumptions favoring alternative placements, and that permanent custody and guardianship may be the least restrictive option when reunification is not viable.

Original Opinion

Link to Original Case

Case Details

Case Name

In re A.B.

Citation

2017 UT App 14

Court

Utah Court of Appeals

Case Number

No. 20160793-CA

Date Decided

January 26, 2017

Outcome

Affirmed

Holding

The juvenile court properly placed children in permanent custody with their grandfather where mother failed to participate in court-approved services and returning the children would create substantial risk of detriment.

Standard of Review

Clearly erroneous for factual findings; clear weight of evidence standard for permanent custody decisions

Practice Tip

In juvenile cases, ensure clients understand that failure to communicate with case workers or participate in service plans creates prima facie evidence supporting permanent custody placement.

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