The Appellate Group

In re A.S.

In re A.S., 2024 UT App 52 (Tenney, J.)

Child Welfare / Family Law

Based on stipulated facts, the juvenile court adjudicated two children as being neglected by Mother. Mother appealed arguing the stipulated facts did not support the neglect adjudication. The Utah Court of Appeals affirmed, holding:

  • There was sufficient evidence to support the district court’s finding of neglect.  
  • Practice tip: In analyzing the meaning of “lack of proper parental care” included in Utah Code section 801-1-102(58)(a)(ii), the court noted the “relevant inquiry is appropriately focused on what would be proper (with all that the word entails) under similar circumstances.” It noted the “neglect standard should not be applied to conduct that falls within an ordinary range of permissible parenting.”
  • Practice tip: Unstated findings can be implied if it is reasonable to assume that the trial court actually considered the controverted evidence and necessarily made a finding to resolve the controversy, but simply failed to record the factual determination it made.

Read the full court opinion