The Appellate Group

In re Adoption of P.P.

In re Adoption of P.P., 2024 UT App 62 (Oliver, J.)

Child Welfare

The district court terminated Father’s parental rights to his daughter. Father appealed, arguing his counsel provided ineffective assistance for failing to call certain witnesses to testify. The Utah Court of Appeals affirmed, holding:

  • A rule 23B-like remand has not yet been applied in private termination petitions. But even if a remand were granted, Father would be unable to show prejudice.
  • Practice tip: The court noted that the rule 23B-like remand procedure allowed in two previous child welfare cases in juvenile court may conflict with the Utah Rules of Appellate Procedure. It urged the rules committee to consider this.

Read the full court opinion