Can parents raise ADA accommodation claims for the first time on appeal in juvenile cases? In re J.S. Explained

In In re J.S., the Utah Court of Appeals addressed whether a parent can raise claims under the Americans with Disabilities Act (ADA) for the first time on appeal in juvenile court proceedings. The court’s decision reinforces the critical importance of preservation of error in appellate practice.

Background and Facts

The juvenile court granted permanent custody of J.S. to the child’s father and terminated its jurisdiction. The mother (N.P.) was represented by three different attorneys during the proceedings—she was initially appointed counsel, then requested substitute counsel, and ultimately chose to represent herself with standby counsel assistance. On appeal, Mother argued she was denied effective assistance of counsel and reasonable accommodations under the ADA.

Key Legal Issues

The case presented two primary issues: (1) whether Mother was denied effective assistance of counsel despite having multiple appointed attorneys, and (2) whether she could raise an ADA accommodation claim without having requested such accommodations in the trial court.

Court’s Analysis and Holding

The court rejected both claims. Regarding ineffective assistance, Mother failed to identify specific deficient conduct by any of her three attorneys or demonstrate that different representation would have changed the outcome. More significantly, the court held that Mother’s ADA claim was not preserved because she never requested accommodations from the trial court. The court noted that “in order to preserve an issue for appeal, the issue must be presented to the trial court in such a way that the trial court has an opportunity to rule on that issue.” Remarkably, the record showed the juvenile court had actually found that services provided were “a reasonable accommodation for the parent’s disability,” and Mother never objected or requested different services.

Practice Implications

This decision underscores that preservation of error remains paramount in juvenile appeals. Practitioners representing parents with disabilities must make specific, on-the-record requests for ADA accommodations during trial court proceedings. The court will not address unpreserved claims absent exceptional circumstances, even in the sensitive context of parental rights termination.