Office of the Guardian ad Litem v. H.M.

2007 UT 21, 154 P.3d 835, 572 Utah Adv. Rep. 4, 2007 Utah LEXIS 27, 2007 WL 542379
CourtUtah Supreme Court
DecidedFebruary 23, 2007
DocketNo. 20051030
StatusPublished
Cited by25 cases

This text of 2007 UT 21 (Office of the Guardian ad Litem v. H.M.) 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
Office of the Guardian ad Litem v. H.M., 2007 UT 21, 154 P.3d 835, 572 Utah Adv. Rep. 4, 2007 Utah LEXIS 27, 2007 WL 542379 (Utah 2007).

Opinion

DURRANT, Justice:

INTRODUCTION

T1 The Office of the Guardian ad Litem ("GAL") appeals directly from a permanency order by the juvenile court returning all but two of the eleven children of J.D.K. ("Father") and H.M. ("Mother") to Mother's custody. The GAL's appeal presents us with the following issues: (1) whether the permanency order was final for purposes of appellate review; (2) whether the juvenile court applied the correct legal standard in deciding whether to return the children to Mother's custody; and (8) whether the juvenile court committed reversible error in applying rule 20A(L)(1) of the Utah Rules of Juvenile Procedure to exclude as untimely testimony from the GAL's expert witness, Dr. Goldsmith.

12 We conclude, first, that the permanency order returning the children to Mother's custody was final for purposes of appellate review. Second, we agree with the GAL that the juvenile court was required to apply the safety standard provided in Utah Code seetion 78-8a-812(2)(a), but our review of the record leaves us satisfied that the juvenile court applied the correct standard. And third, we hold that the juvenile court misapplied rule 20A(h)(1) of the Utah Rules of Juvenile Procedure in excluding expert testimony proffered by the GAL, but that the error was harmless. We therefore affirm the juvenile court.

BACKGROUND

T3 Mother and Father have eleven children together: S.K.1, Ke.K., A.K., Ma.K., Me.K., Ja.K., Je.K., Ki.K., Mi.K., R.K., and L.K. Due to multiple instances of neglect and abuse that need not be recited here, the GAL filed an abuse and neglect petition involving the first ten children of Father and Mother; and on July 6, 2004, the juvenile court entered an order adjudicating them abused and neglected children. On August 2, 2004, the juvenile court adjudicated the eleventh child, an infant girl born to Mother and Father on July 3, 2004, to be a sibling at risk, bringing her within the juvenile court's jurisdiction. The court later adjudicated another abuse and neglect petition filed by the GAL alleging specific acts of abuse and neglect by Mother and added findings regarding Mother's involvement in the abuse and neglect in an order dated February 12, 2005.

"I 4 In the course of the proceedings in this case, all of the children but LK. were removed. The infant, LK., remained with Mother.

11 5 The juvenile court initially set the permanency goal for all of the children in DCFS custody as reunification with Mother and ordered reunification services. Reunification services were later terminated as to AK. Initially, Mother was allowed visitation with the children, but visitation was suspended in February 2005. Reunification services were not provided to Father, who had never had physical custody of the children. The court also put in place a no-contact order between Father and the children.

I. APRIL PERMANENCY HEARING

16 In April 2005, Juvenile Court Judge Andrew Valdez held a permanency hearing as required by Utah Code section 78-Sa-812(1)(a) for all of the children in DCFS custody except A.K. (the "April Permanency Hearing").2 In accordance with Utah Code [839]*839section 78-8a-812(2)(a), Judge Valdez inquired at the April Permanency Hearing whether the children could safely be returned to Mother's custody. With regard to the children's safety, Judge Valdez heard three days of testimony from Mother, the children's therapists, and Mother's therapists that focused in large measure upon Mother's acknowledgment of past abuse as it related to her ability to protect the children from future abuse. The parties disputed whether Mother had made enough of an acknowledgment of past abuse and developed sufficient empathy to demonstrate that the children would be safe in her care. Judge Valdez also interviewed the children on the record in his chambers with only the attorneys present.

T7 At the conclusion of the April Perma-neney Hearing, Judge Valdez made an oral ruling, which he revised at a clarification hearing on April 15, 2005, and entered as a written order on May 25, 2005. Judge Valdez's written findings included the following positive assessments with respect to Mother and the safety of the children:

2. Based upon the testimony of Ms. Merkley and Ms. Peters, the therapists for [Mother], [Mother] has made significant adjustments with respect to the matters which led to the removal of the children from her care.
3. [Mother] has made progress in what this Court has ordered her to do in terms of counseling and therapy.
4. The children have expressed that they desire to return home to live with their mother ... and have not expressed any fear of returning home to live with their mother.
5. [Mother] has shown marked improvement and the Court feels that she would be capable of standing up for either herself or the children, and that [Mother] would be capable of protecting the children.
6. {Mother] has a clean and suitable home for the children.

T8 Nevertheless, Judge Valdez also found the following:

7. Returning the children immediately would not be in their best interests and may pose substantial risk or detriment to their emotional well-being based upon the testimony of their therapists.
It is in the best interests of the children for reunification services to be extended with respect to [Mother], and for the children{'s] therapists to formulate a plan for transitioning them home without substantial risk or detriment to their emotional well-being.
Initial supervision by a therapist of the visitation between the children and [Mother] is necessary to enable any emotional or behavioral needs of the children to be addressed which may arise in either the resumption of contact with [Mother] or the children's transition to her home.
10. It is necessary for the therapists to formulate a transition plan to address the children['s] emotional and behavioral needs and to address the order in which the children are to return home, the length of time needed for therapeutic assistance in the transition for each child, and continuing therapeutic needs for the family subject to the therapists{'] recommendations or further orders of this Court.

He then concluded as a matter of law:

11. Pursuant to Utah Code Ann. § 78-3a-312(4)(d), there has been substantial compliance by [Mother] with the child and family plan, reunification with the children is probable within ninety (90) days, and the extension of reunification services with respéct to [Mother] is in the children{'s] best interests.

Judge Valdez ordered a ninety-day extension of reunification services for Mother, as well as involvement by therapists "to address any emotional or behavioral issues which may arise in the transition home." The order stated, in part,

B. Supervised visitation between [Moth er] and each of the above-named children is to begin immediately-the first to occur the weekend of April 15, 16 or [840]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re N.E.
2025 UT App 156 (Court of Appeals of Utah, 2025)
In re K.M.
2025 UT App 17 (Court of Appeals of Utah, 2025)
In re R.P.
2024 UT App 106 (Court of Appeals of Utah, 2024)
D.T.O. v. State
2014 UT App 242 (Court of Appeals of Utah, 2014)
In re A.O. (D.T.O. v. State)
2014 UT App 242 (Court of Appeals of Utah, 2014)
M.T. v. State
2014 UT App 206 (Court of Appeals of Utah, 2014)
In re E.T. (M.T. v. State)
2014 UT App 206 (Court of Appeals of Utah, 2014)
State ex rel. M.H. v. State
2014 UT 26 (Utah Supreme Court, 2014)
In re M.H.
2014 UT 26 (Utah Supreme Court, 2014)
K.F. v. State (In re S.F. and C.F.)
2012 UT App 10 (Court of Appeals of Utah, 2012)
K.F. v. State
2012 UT App 10 (Court of Appeals of Utah, 2011)
State Ex Rel. Elf
2011 UT App 244 (Court of Appeals of Utah, 2011)
M.E.W. v. State
2011 UT App 244 (Court of Appeals of Utah, 2011)
State Ex Rel. Kf
2009 UT 4 (Utah Supreme Court, 2009)
Silvan W. v. Briggs
309 F. App'x 216 (Tenth Circuit, 2009)
State ex rel. K.F. v. State
2009 UT 4 (Utah Supreme Court, 2009)
CAMMACK-WHITE v. Harbaugh
2008 UT App 147 (Court of Appeals of Utah, 2008)
Barnes v. State
2008 WY 6 (Wyoming Supreme Court, 2008)
Bell v. State
266 S.W.3d 696 (Supreme Court of Arkansas, 2007)
State in Interest of Af
2007 UT 69 (Utah Supreme Court, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
2007 UT 21, 154 P.3d 835, 572 Utah Adv. Rep. 4, 2007 Utah LEXIS 27, 2007 WL 542379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-the-guardian-ad-litem-v-hm-utah-2007.