The Appellate Group

In re A.S.G.-R

In re A.S.G.-R, 2023 UT App 126 (Harris, J.)

Child Welfare

The juvenile court entered a permanent custody and guardianship order in favor of Father after Mother instigated some thirty unsubstantiated reports of child sexual abuse against Father. The Utah Court of Appeals affirmed, holding:

  • There was no clear error in the juvenile court’s decision to terminate reunification services because Mother did not substantially comply with the family plan; and
  • There was no error in the juvenile court setting different permanency goals regarding Mother and Father in this case.
  • Practice tip: The “minor’s parent” language in section 80-3-409(4) of the Utah Code refers to the parent from whom the child was removed.
  • Practice tip: In re H.C., 2022 UT App 146, is still good law.
  • Judicial Tip: After a finding of neglect and reunification services are terminated, juvenile courts must pursue one of three options: permanent custody and guardianship; adoption; or termination of parental rights.

Read the full court opinion