When will Utah courts dismiss extraordinary relief petitions as improvidently granted? Newman v. Behrens Explained

The Utah Court of Appeals in Newman v. Behrens provides important guidance on when courts will dismiss petitions for extraordinary relief as improvidently granted, emphasizing the requirement that petitioners exhaust adequate remedies before seeking extraordinary intervention.

Background and Facts

DCFS removed three children from their mother’s custody due to abuse and neglect. The youngest child, C.K., was initially placed with paternal grandparents Ruth and John Kofod, then transferred to paternal aunt Val Newman. After Newman allegedly allowed unsupervised parental contact in violation of court orders, the juvenile court removed C.K. from Newman’s placement and awarded custody to DCFS. Newman requested a shelter hearing, which the court denied, finding no statutory requirement for such a hearing under the kinship placement statutes.

Key Legal Issues

The central issue was whether Newman and Kofod were entitled to extraordinary relief compelling the juvenile court to hold a shelter hearing, and whether they had adequately demonstrated the absence of other remedies required under Rule 65B of the Utah Rules of Civil Procedure.

Court’s Analysis and Holding

The Court of Appeals applied Rule 65B, which requires that “no other plain, speedy and adequate remedy is available” before extraordinary relief may be granted. The court emphasized that decisions on extraordinary relief petitions involve total discretion and are “never a matter of right.” Critically, the court found that Newman failed to provide evidence that she had sought a stay of proceedings in the juvenile court, which would have preserved the status quo during the appellate review.

Practice Implications

This decision underscores the importance of demonstrating that adequate remedies have been exhausted before seeking extraordinary relief. Practitioners must document their efforts to obtain relief in the trial court, particularly motions for stays, and provide clear evidence to the appellate court. The availability of normal appellate procedures after final judgment will typically preclude extraordinary relief, making timing and procedural compliance critical in emergency situations involving child welfare cases.