The Appellate Group

In re E.D.

In re E.D., 2026 UT App 126 (Per curiam)

Family

The Utah Court of Appeals held:

(1) The lack of an ongoing relationship between a parent and child does not categorically make the parent unable to provide care. A willing parent who is capable of providing appropriate supervision and necessities is legally able to care for the child, even if the parent and child have no current relationship.
(2) The fact that the juvenile court needs to do some due diligence before placing a child with a noncustodial parent, including following the
requirement of Utah Code § 80-3-302(2), does not mean that the noncustodial parent is unable to provide proper parental care.
(3) The fact that circumstances exist preventing a parent from immediately
taking custody of a child in an unforeseen and emergency circumstance does not warrant a dependency adjudication if the parent is able to provide reasonable care for the child in a timely way upon being notified of the removal.

Read the full court opinion