Must grandparents file written statements to gain presumptive standing in adoption proceedings? In re R.M. Explained

The Utah Court of Appeals in In re R.M. addressed whether a grandmother’s failure to file a required written statement within 120 days of a shelter hearing precluded her from obtaining a rebuttable presumption that adoption was in her grandchildren’s best interest.

Background and Facts

The State commenced a child welfare case regarding siblings R.M. and S.R. in June 2015. At the July 2015 shelter hearing, the children were placed in DCFS temporary custody but remained in their respective homes with grandmothers. After the juvenile court terminated reunification services in October 2015, it instructed both grandmothers to complete paperwork and home studies if they desired adoptive placement consideration. The maternal grandmother filed her adoption petition in June 2016, well beyond the statutory 120-day requirement, competing against the paternal great aunt and uncle’s petition.

Key Legal Issues

The central issue was whether maternal grandmother satisfied the requirements of Utah Code section 78B-6-133(9)(a) to obtain a rebuttable presumption that adoption was in the children’s best interest. The statute requires petitioners to file a written statement within 120 days of the shelter hearing requesting immediate placement and expressing adoption intent. The grandmother argued her continued physical custody of one child and verbal statements at the hearing should suffice.

Court’s Analysis and Holding

The court rejected the grandmother’s “actions speak louder than words” argument, emphasizing that the statute’s specific written statement requirement demands strict compliance. The court found no evidence in the shelter hearing recording supporting her claim of verbal expressions of adoptive intent. Without the required written filing, she was not entitled to the statutory rebuttable presumption, placing her at a significant disadvantage in the best interest analysis against competing petitioners who did comply.

Practice Implications

This decision underscores the critical importance of immediate procedural compliance in contested adoption cases. Practitioners representing relatives must ensure clients understand that statutory filing deadlines are mandatory, not discretionary. The 120-day window following shelter hearings is brief, and failure to file the required written statement can prove fatal to an otherwise meritorious adoption petition, regardless of the petitioner’s relationship with the child or physical custody arrangements.