In RE SC AND TC v. Anderson

1999 UT App 251, 987 P.2d 611
CourtCourt of Appeals of Utah
DecidedSeptember 2, 1999
Docket990504-CA
StatusPublished

This text of 1999 UT App 251 (In RE SC AND TC v. Anderson) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In RE SC AND TC v. Anderson, 1999 UT App 251, 987 P.2d 611 (Utah Ct. App. 1999).

Opinion

987 P.2d 611 (1999)
1999 UT App 251

Office of the Guardian Ad Litem, in the interest of S.C. and T.C., persons under eighteen years of age, Petitioner,
v.
Honorable Joseph W. ANDERSON, Third District Juvenile Court, Respondent.

No. 990504-CA.

Court of Appeals of Utah.

September 2, 1999.

*612 Jan Graham, Attorney General and John M. Peterson, Attorney General's Office, Salt Lake City, for the State of Utah.

Brent M. Johnson, Administrative Office of the Courts, Salt Lake City, for Respondent Martha Pierce and Christine S. Decker, Salt Lake City, Guardians Ad Litem.

John E. Laherty, Laherty & Associates PC, Salt Lake City, for E.C., father of S.C. and T.C.

Before WILKINS, P. J., and DAVIS, and ORME,JJ.

OPINION

WILKINS, Presiding Judge:

¶ 1 This opinion supplements our order of June 11, 1999 in which we granted Petitioner's request for extraordinary writ compelling Respondent to hold a final adjudication hearing pursuant to Utah Code Ann. § 78-3a-308 (Supp.1999), on or before June 21, 1999.[1]

BACKGROUND

¶ 2 On April 19, 1999, the Division of Child and Family Services (DCFS) took S.C., a nine-year-old girl, into protective custody after she reported to school officials that she was being abused by her father's live-in girlfriend. On April 21, 1999, a shelter hearing was held at which the court determined that S.C. should be placed in the temporary custody of DCFS. The State subsequently filed a verified petition alleging that S.C. was an abused child and that her eleven-month-old sibling, T.C., was at risk of being abused; and requesting that S.C. be placed in the custody and guardianship of DCFS and that DCFS should assume protective supervision over T.C.

¶ 3 At the pretrial hearing on May 7, 1999, S.C. and T.C.'s father denied the allegations in the verified petition and requested a trial date. Because the trial judge was unable to schedule a trial within the sixty-day time limit imposed under section 78-3a-308(2) of *613 the Utah Code, the father expressly waived the sixty-day time limit. See Utah Code Ann. § 78-3a-308(2) (Supp.1999). The Guardian Ad Litem, acting on behalf of the children, objected to the waiver of the time limit, arguing: (1) further delay of the trial was not in the best interest of the children; (2) section 78-3a-308(2) requires that a trial be held within sixty days from the date of the shelter hearing; and (3) under Utah Rule of Juvenile Procedure 54, the court could only continue the matter beyond the sixty-day time limit if it found a continuance would not adversely affect the children's interest.

¶ 4 The trial judge asked the Guardian Ad Litem to contact the lawyers representing parties in other cases already scheduled for trial, in an attempt to accommodate this trial by having other cases delayed. However, the Guardian Ad Litem declined to contact other counsel, stating she was unwilling to put the interests of children in this case ahead of the interests of other children in equally important matters subject to the same time constraints.

¶ 5 The judge concluded that counsel's failure to find time to accommodate this trial constituted a waiver of the right to a hearing within the sixty-day time period. Consequently, the trial court denied the Guardian Ad Litem's objection to the time extension and set the trial date on the verified petition for September 22, 1999 — more than ninety days beyond the sixty-day limit imposed by the statute.

¶ 6 The Guardian Ad Litem filed a petition for extraordinary writ and sought an emergency hearing before us asking for an order compelling the trial judge to begin the trial within the sixty-day statutory period. We agreed and issued the requested extraordinary writ on June 11, 1999. We now address the contentions raised by the Guardian Ad Litem for the purpose of more fully explaining our prior action, and hopefully assisting juvenile courts that are often faced with this and similar conflicting demands and imposed deadlines on their limited available hearing time.

ISSUES AND STANDARDS OF REVIEW

¶ 7 The issues presented for review in this appeal are: (1) whether the sixty-day time limitation imposed by section 78-3a-308(2) of the Utah Code is mandatory; and (2) whether this time limitation may be waived or extended, and if so, whether it was waived in this case.

¶ 8 Whether a juvenile court may postpone a trial on an abuse, neglect, or dependency petition beyond the sixty-day time period is a legal question "dependent on an interpretation of section 78-3a-3[08(2)] of the Utah Code. `We review questions of statutory interpretation for correctness giving no deference to the trial court's interpretation.'" A.E. v. Christean, 938 P.2d 811, 814 (Utah Ct.App.1997) (quoting State in re R.N.J., 908 P.2d 345, 349 (Utah Ct.App.1995)).

ANALYSIS

I. Section 78-3a-308(2)

¶ 9 Section 78-3a-308(2) provides that in an abuse, neglect, or dependency case, "the final adjudication hearing shall be held no later than 60 calendar days from the date of the shelter hearing." Utah Code Ann. § 78-3a-308(2) (Supp.1999) (emphasis added). In interpreting the language of this section, we follow the well-established rule that statutory language is generally construed according to its plain language. See A.E., 938 P.2d at 815.

¶ 10 In interpreting the meaning of the word "shall" within the context of Utah statutes governing abuse, neglect, and dependency proceedings, this court has stated that the "enactment of and amendments to Utah's Child Welfare Act are intended to protect children and assure that they are not placed in a `legal limbo' for an unwarranted time period." Id. at 814 (quoting State in re J.L.W., 900 P.2d 543, 549 (Utah Ct.App. 1995)). This court has also noted that "judicial efficiency cannot justify actions taken `at the expense of a child's welfare.'" Id. (quoting State in re J.L.W., 900 P.2d 543, 549 (Utah Ct.App.1995)). Accordingly, this court concluded that the meaning of the word "shall" within the statute governing dispositional hearings is mandatory. See id. at 816 *614 (holding dispositional review hearing must be held within twelve months "`to prevent a child from languishing indefinitely in foster care'") (citations omitted)). Because the same concerns exist for placing children in appropriate settings after they have been removed from their homes — whether in foster care or with family members — we hold that the word "shall" in section 78-3a-308(2) requires a juvenile court to hold the adjudication hearing on an abuse, dependency, or neglect petition within sixty days of the shelter hearing.

¶ 11 It is the duty of a trial judge to ensure that hearings are held as required by law. This burden may not be shifted to the parties or their attorneys.

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Bluebook (online)
1999 UT App 251, 987 P.2d 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sc-and-tc-v-anderson-utahctapp-1999.