In Re Adoption of RBFS

2011 UT 46, 258 P.3d 583, 2011 WL 3276724
CourtUtah Supreme Court
DecidedAugust 2, 2011
Docket20090836
StatusPublished

This text of 2011 UT 46 (In Re Adoption of RBFS) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Adoption of RBFS, 2011 UT 46, 258 P.3d 583, 2011 WL 3276724 (Utah 2011).

Opinion

258 P.3d 583 (2011)
2011 UT 46

In the Matter of the ADOPTION OF R.B.F.S.; A.M.F.S.; R.E.F.S; and O.J.F.S., minor children.
B.J.M. and A.F.M., Petitioners,
v.
B.S., Respondent.

No. 20090836.

Supreme Court of Utah.

August 2, 2011.

*584 Randy S. Ludlow, Salt Lake City, for petitioners.

Joshua F. King, Kaysville, for respondent.

Larry S. Jenkins, Lance D. Rich, David J. Hardy, Salt Lake City, for amicus The Utah Adoption Council.

On Certiorari to the Utah Court of Appeals

Associate Chief Justice DURRANT, opinion of the Court:

INTRODUCTION

¶ 1 In 2007 A.F.M. (Mother) and B.J.M. (Stepfather), filed a petition in the district court to terminate the parental rights of B.S. (Father). At the same time, Stepfather also filed an adoption petition in the district court in which he sought to adopt Father's children. Acting pursuant to its authority under section 78B-6-112 (Section 112) of the Utah Adoption Act (the Adoption Act)[1]—the provision governing a district court's jurisdiction over termination proceedings—the district court terminated Father's parental rights.

¶ 2 The Utah Court of Appeals subsequently reversed the district court's order *585 after determining that it was unclear whether the district court had jurisdiction to grant Mother and Stepfather's petition to terminate Father's parental rights. Specifically, the court of appeals concluded that "[a] district court has jurisdiction to consider a termination petition only when the petition is filed in conjunction with a[n] . . . adoption petition."[2] Additionally, the court of appeals concluded that in a stepparent adoption case, the stepparent must satisfy the requirements contained in section 78B-6-135(7)(b) (Section 135(7)(b)) of the Adoption Act before a district court has jurisdiction to consider the stepparent's petition to terminate parental rights.[3] Because the district court had not considered whether Stepfather had satisfied these requirements, the court of appeals remanded the case and instructed the district court "to determine whether it ha[d] jurisdiction to terminate Father's parental rights."[4]

¶ 3 We granted certiorari to determine whether the court of appeals erred in reversing the district court's order on jurisdictional grounds. To resolve this question, we must address two issues. First, we must decide whether the court of appeals erred in concluding that a district court has jurisdiction to consider a termination petition only when the petition is filed in conjunction with an adoption petition. Second, we must determine whether in the context of stepparent adoptions, a district court's jurisdiction to hear and decide a petition to terminate parental rights is contingent on the stepparent's satisfaction of the requirements contained in Section 135(7)(b).

¶ 4 Based on the plain language of Section 112, we agree with the court of appeals' conclusion that an adoption petition must be filed before a district court has jurisdiction to consider a petition to terminate parental rights. We disagree, however, with the court of appeals' conclusion that, in the context of a stepparent adoption, a stepparent must satisfy the requirements contained in Section 135(7)(b) before a district court is vested with authority to consider a petition to terminate parental rights. This is because the requirements contained in Section 135(7)(b) relate only to a court's ability to enter a final adoption decree and not to whether a court has jurisdiction to hear and decide a petition to terminate. Based on this error, we reverse the court of appeals' decision and remand this case to the court of appeals for consideration of any remaining issues Father has properly raised before it.

BACKGROUND

¶ 5 The facts of this case are undisputed. Father and Mother, who divorced in August 2005, are the parents of four minor children. One month after Father and Mother divorced, Father signed a consent and relinquishment, waiving all of his rights in relation to his children and consenting to their adoption by Mother's hypothetical next spouse.

¶ 6 In February 2007, Mother married Stepfather. Two months later, Mother and Stepfather filed a petition in the district court seeking to terminate Father's parental rights. At the same time, Stepfather also filed in the district court a separate petition stating that he sought to adopt the children. After receiving Mother and Stepfather's termination petition, the district court judge signed an order terminating Father's parental rights without providing any notice to Father and without expressly considering whether the termination was in the children's best interests.[5] Upon learning of the order terminating his parental rights, Father filed a motion to reconsider. After the district court denied this motion, Father appealed to the Utah Court of Appeals.

¶ 7 At the court of appeals, Father challenged the district court's termination of his parental rights on several grounds, including that the district court had failed to consider *586 the best interests of the children[6] and that it lacked jurisdiction to terminate his parental rights.[7] With respect to the district court's jurisdiction, Father argued that the district court could terminate parental rights only in conjunction with a valid adoption petition. He characterized a valid adoption petition as one where the stepparent has satisfied the requirements contained in Section 135(7)(b). That section states that when a stepparent seeks to adopt his or her spouse's child "a final decree of adoption may not be entered until the child has lived in the [stepparent's] home . . . for one year, unless, based on a finding of good cause, the court orders that the final decree of adoption may be entered at an earlier time."[8]

¶ 8 The court of appeals accepted Father's argument and held that a district court has jurisdiction to terminate parental rights to facilitate a stepparent adoption only when (a) an adoption petition has been filed and (b) the stepparent has satisfied the requirements contained in Section 135(7)(b). Because the district court had not considered whether Stepfather had satisfied these requirements, the court of appeals reversed the district court's order terminating Father's parental rights and remanded the case to the district court.

¶ 9 Stepfather and Mother timely appealed the court of appeals' decision to this court. We have jurisdiction to hear this appeal pursuant to section 78A-3-102(3)(a) of the Utah Code.

STANDARD OF REVIEW

¶ 10 "On certiorari, we review the court of appeals' decision for correctness."[9]

ANALYSIS

I. BECAUSE STEPFATHER FILED BOTH A TERMINATION PETITION AND AN ADOPTION PETITION, THE COURT OF APPEALS ERRED IN REVERSING THE DISTRICT COURT'S TERMINATION OF FATHER'S PARENTAL RIGHTS ON JURISDICTIONAL GROUNDS

¶ 11 We granted certiorari to determine whether the court of appeals erred in reversing the district court's termination of Father's parental rights on jurisdictional grounds. To resolve this question, we must address two distinct issues. First, we must determine whether the court of appeals erred in concluding that a district court has jurisdiction to consider a termination petition only when the petition is filed in conjunction with *587 an adoption petition.

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In Re Adoption of R.B.F.S.
2011 UT 46 (Utah Supreme Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
2011 UT 46, 258 P.3d 583, 2011 WL 3276724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-rbfs-utah-2011.