The Appellate Group

In re adoption of R.P.

In re adoption of R.P., 2024 UT App 149 (Luthy, J.)

Child Welfare

The State requested that DCFS be awarded custody of Mother’s children. Mother agreed to respond to the custody allegations under rule 34(e) of the Utah Rules of Juvenile Procedure by “declining to admit or deny the allegations,” meaning the allegations would “be deemed true.” After a later termination trial, the district court terminated Mother’s parental rights. Mother appealed. The Utah Court of Appeals affirmed, holding:

  • The Court did not have jurisdiction to review Mother’s ineffective assistance of counsel claim because it was not timely.
  • It was strictly necessary to terminate Mother’s parental rights. 
  • Practice tip: A notice of appeal in a child welfare case must be filed within fifteen days after the entry of the operative court order.
  • Practice tip: Rule 34(e) of the Utah Rules of Juvenile Procedure offers two avenues for responding to a petition in a child welfare case: (1) the respondent “may answer by admitting or denying the specific allegations of the petition,” or (2) the respondent may “declin[e] to admit or deny the allegations.” Not answering the petition qualifies as option (2) and should be referred to as a “no-contest” response.
  • Judicial tip: Because a no-contest response entered under rule 34 applies to “non-delinquency” cases, it is governed by the Utah Rules of Civil Procedure—not criminal law or delinquency procedure.

Read the full court opinion