What findings must juvenile courts make when determining parent-time in guardianship cases? In re G.H. Explained

In In re G.H., the Utah Court of Appeals addressed the critical issue of what findings juvenile courts must make when determining parent-time for parents whose children have been placed in permanent guardianship with relatives.

Background and Facts

Maternal grandparents petitioned for guardianship of two children, alleging neglect by both parents and abuse by the father. The juvenile court found that the mother had failed to provide proper parental care, relying heavily on others for the children’s basic needs including feeding, bathing, medical care, and supervision. The court noted the mother’s pattern of leaving children with various caregivers across multiple cities, her reluctance to care for the children when asked, and her poor judgment in reintroducing the abusive father into their lives after his release from prison.

Key Legal Issues

The appeal raised three main issues: (1) whether the juvenile court properly found neglect under Utah Code § 80-1-102(58)(a)(ii); (2) whether the court erred in failing to make adequate findings regarding the mother’s residual parental rights to parent-time; and (3) whether the court properly denied the mother’s motion to change venue.

Court’s Analysis and Holding

The Court of Appeals affirmed the neglect finding, concluding that the evidence clearly demonstrated “lack of proper parental care of a child by reason of the fault or habits of the parent.” However, the court found the juvenile court’s parent-time determination inadequate. While Utah Code § 75-5-209(5) provides that parents retain residual parental rights including “the right to reasonable parent-time unless restricted by the court,” the juvenile court had simply delegated all parent-time decisions to the grandparents without making specific findings about what conditions would be reasonable.

Practice Implications

This decision establishes that juvenile courts cannot merely delegate parent-time decisions to guardians but must make specific findings demonstrating what parent-time conditions are reasonable. Even when denying all parent-time, courts must articulate their reasoning with adequate factual support. For practitioners, this case emphasizes the importance of ensuring that juvenile courts make sufficient findings to permit meaningful appellate review of parent-time determinations in guardianship proceedings.