The Appellate Group

In re K.K.

In re K.K., 2023 UT App 13 (Christiansen Forester, J.)

Child Welfare

The juvenile court adjudicated a set of triplets as neglected and abused. Father appealed the abuse adjudication arguing that the State failed to prove by clear and convincing evidence that he abused the children. The Utah Court of Appeal affirmed, holding:

  • Even if the court agreed with Father that the juvenile court erred in adjudicating Father as abusing the children, Father failed to demonstrate that he was prejudiced by the error because the services to address the underlying problematic behavior is the same whether children were adjudicated to be neglected or abused. Id. ¶¶ 25, 27. Thus, because Father did not challenge the adjudication of neglect or its underlying facts, there was no prejudice in the juvenile court’s adjudication of abuse.

Read the full court opinion