S.C. v. State

2013 UT 26, 301 P.3d 1000, 2013 WL 1883234
CourtUtah Supreme Court
DecidedMay 7, 2013
DocketNo. 20120016
StatusPublished
Cited by9 cases

This text of 2013 UT 26 (S.C. v. State) 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
S.C. v. State, 2013 UT 26, 301 P.3d 1000, 2013 WL 1883234 (Utah 2013).

Opinion

Chief Justice DURRANT,

opinion of the Court:

INTRODUCTION

4 1 This case concerns competing petitions to adopt C.C., a five-year-old child. C.C. was removed from his home by the Division of Child and Family Services (DCFS). After the juvenile court terminated his mother's parental rights, it faced two competing petitions to adopt him-one from his grandmother and the other from his foster parents. The court consolidated the competing petitions, granted procedural priority to the foster parents, and dismissed the grandmother's petition without first holding a hearing to consider the merits of her petition. We must decide whether the juvenile court properly handled these competing petitions.

12 We conclude that the juvenile court erred when it gave priority to the foster parents' petition and dismissed the grandmother's petition without considering its merits. In order to properly determine the best interests of children placed for adoption, courts must hold a hearing and consider the merits of each competing adoption petition.

BACKGROUND

T3 In 2010, at C.C.'s maternal grandmother's (Grandmother) request, DCFS removed C.C. from his home out of concern for his welfare. The juvenile court ruled that C.C.'s mother had neglected him and gave custody of G.C. to DCFS, which ultimately placed him in a foster home with his current adoptive parents (Foster Parents) on April 2, 2011.

14 DCFS initially sought to reunite C.C. with his mother. Grandmother supported the reunification process and did not initially seek custody of C.C. When C.C.'s mother failed to progress toward reunification, however, DCFS terminated its reunification services. DCFS set a new permanency goal of [1003]*1003adoption for C.C., and, in May 2011, the State petitioned to terminate the parental rights of C.C.'s mother (Termination Case).

15 On June 7, 2011, Grandmother filed a petition, styled as a "Verified Petition for Relief" (Petition for Relief). The first heading in the Petition for Relief states that the petition is for "Custody or, in the Alternative, Grandparent's Visitation." The second heading states the petition is for "Adoption; or in the Alternative Custody or Guardianship; or in the Alternative Visitation." Grandmother filed her petition in the State's Termination Case pursuant to the Custody and Visitation for Persons Other Than Parents Act.1

T6 Grandmother then attended several hearings in the Termination Case. At a contempt hearing for C.C.'s mother, the juvenile court suspended Grandmother's visitation rights because the visits had become confusing to C.C. Then, at the parental termination hearing, the juvenile court advised Grandmother that she must complete a background check and undergo a home study before the court would consider her as a placement for custody of C.C. The court told Grandmother that she was responsible for completing these requirements.

T7 After filing her Petition for Relief, Grandmother initiated discovery against the Guardian ad Litem (GAL) and DCFS. DCFS disputed whether Grandmother was really a party to the State's Termination Case and asserted that she was not entitled to conduct discovery. The court told Grandmother to first file a motion to intervene, which Grandmother did on September 22, 2011 (Motion to Intervene). The juvenile court ultimately denied Grandmother's Motion to Intervene on December 2, 2011. '

18 In the meantime, Grandmother appeared at a pretrial hearing for her Motion to Intervene and her Petition for Relief in November 2011. At this hearing, the juvenile court advised Grandmother that it would not treat her Petition for Relief as an adoption petition because it had not been filed properly. The court told her that she must "perfect" her petition by filing the appropriate documents and fees.

T9 The court terminated C.C.'s mother's parental rights on September 1, 2011, although the court did not enter its formal order until November 30, 2011. Meanwhile, Foster Parents had filed an adoption petition on September 21, 2011. Given the uncertain status of Grandmother's Petition for Relief, Foster Parents also filed a "Motion to Clarify, Consolidatel, and] Give Priority" to their adoption petition over Grandmother's Petition for Relief (Motion to Prioritize). On December 7, 2011, the juvenile court notified Grandmother and Foster Parents that it would hold a joint hearing to consider Grandmother's Petition for Relief and Foster Parent's adoption petition. The court set the hearing for December 21, 2011. The court stated in its notice that it would consider arguments as to whether (1) "the [Foster Parents'] Petition for Adoption and [Grandmother's Petition for Relief] should be consolidated" and (2) "which petition should have procedural priority."

110 The day before the hearing, Grandmother perfected her Petition for Relief as an adoption petition by filing the documents and fees requested by the court, although she maintains that her petition qualified as an adoption petition as of June 7 when she first filed it. At the hearing, the court received proffers of evidence and arguments on whether to consolidate and prioritize the competing adoption petitions. The court then issued an order granting priority to Foster Parents, stating that it would immediately move forward with a hearing on the merits of Foster Parents' petition and would consider Grandmother's Petition for Relief only if it declined to approve Foster Parents' adoption of C.C.

T11 On December 23, 2011, the court granted Foster Parents' adoption petition and dismissed Grandmother's Petition for Relief. Grandmother maintains that she did not receive notice of Foster Parents' final adoption hearing until December 27, 2011-after the court had granted Foster Parents' petition. Grandmother appeals from the court's December 28 order granting Foster Parents' petition and dismissing her Petition for Relief We have jurisdiction over this matter pursuant to section 78A-3-102(8)(b) of the Utah Code.

[1004]*1004ANALYSIS

112% On appeal, Grandmother argues that the. juvenile court erred in denying a hearing on the merits of her Petition for Relief, granting priority to Foster Parents' adoption petition, and denying her notice and an opportunity to appear at Foster Parents' adoption hearing. She also claims the court erred by denying her Motion to Intervene in the State's Termination Case. These claims present questions of statutory interpretation and also require us to determine whether the juvenile court applied correct legal standards, all of which are reviewed for correctness.2 Finally, she argues that, if we remand the case, the juvenile judge should be disqualified. We review this claim for correctness. 3

113 We first consider whether Grandmother preserved her claims for appeal. Based on an independent review of the record, we conclude that Grandmother preserved her claim that she was entitled to a hearing on the merits of her Petition for Relief. We then consider the merits of that claim and whether the juvenile court erred in denying her Motion to Intervene in the State's Termination Case.

I. GRANDMOTHER PRESERVED HER CLAIM TO A HEARING ON THE MERITS OF HER PETITION FOR RELIEF AND, IN MAKING THAT CLAIM ON APPEAL, SHE MAY ARGUE THAT IN RE ADOPTION OF AB. SHOULD BE OVERRULED: BUT SHE EITHER FAILED TO PRESERVE HER OTHER ARGUMENTS OR WE DECLINE TO REACH THEM

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Bluebook (online)
2013 UT 26, 301 P.3d 1000, 2013 WL 1883234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sc-v-state-utah-2013.