The Appellate Group

In re N.E.

In re N.E., 2025 UT App 156 (Christiansen Forster, J.)

Child Welfare

The Utah Court of Appeals held:

  • It had jurisdiction in the matter because the Guardian ad Litem’s appeal was taken from a final order of the juvenile court. 
  • The juvenile court misapplied the law underlying its best-interest determination because (1) there is at least some indication that the juvenile court incorrectly considered the strictly necessary determination to be separate from the best-interest determination and (2) the juvenile court incorrectly subordinated its findings related to Child’s increased stability needs based upon its misunderstanding of appellate case law.
  • Practice tip: The best-interest determination upon remand should be approached in a present-tense fashion, evaluating what outcome is currently in Child’s best interest.

Read the full court opinion