The Appellate Group

In re A.B.

In re A.B., 2022 UT 39 (Durrant, C.J.)

Child Welfare

Child spent many summers with Relatives and eventually stayed for the schoolyear. When Mother sought to retrieve Child, Relatives petitioned for custody. The juvenile court concluded that Mother had neglected Child and granted Relatives custody. On appeal, The Utah Court of Appeals reversed, concluding that the juvenile court’s findings and conclusions did not amount to neglect under the plain language of Utah Code Ann. § 78A-6-105(40)(a). On certiorari, The Utah Supreme Court affirmed the appellate court, holding:

  • The court of appeals did not err when it concluded that the juvenile court’s application of the neglect statute to the facts of the case is a law-like mixed question with a non-deferential standard of review and when it reversed the juvenile court’s neglect determination, nor did it abuse its discretion when it refused to affirm on alternative abuse grounds.
  • Appellate Practice Point: When a party concedes an issue in the Utah Court of Appeals, it waives the opportunity to raise that issue in the Utah Supreme Court.

Read the full court opinion