State in Interest of Af

2007 UT 69, 167 P.3d 1070, 2007 WL 2404256
CourtUtah Supreme Court
DecidedAugust 24, 2007
Docket20060648
StatusPublished
Cited by29 cases

This text of 2007 UT 69 (State in Interest of Af) 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
State in Interest of Af, 2007 UT 69, 167 P.3d 1070, 2007 WL 2404256 (Utah 2007).

Opinion

DURHAM, Chief Justice:

BACKGROUND

{1 When AF. (the Child) was born on August 28, 2004, urine tests showed that he had methamphetamine in his system, and C.M.F. (the Mother) admitted that she had used the drug the day before. The Division of Child and Family Services (the Division) removed the Child from the Mother's eusto-dy four days later. The juvenile court subsequently established the Child's primary permanency goal as reunification and ordered reunification services and compliance with the service plan. At the permanency hearing held eight months after the Child's removal from the Mother's custody, the juvenile court found that the Mother had failed to substantially comply with the service plan and had failed to demonstrate that the Child could be safely returned to her care. The juvenile court ordered termination of reunification services and changed the Child's permanency goal to adoption. The Mother appealed this order. The court of appeals determined that because the order was not final and appeal-able, it lacked jurisdiction. We granted cer-tiorari to determine whether the juvenile court's order terminating reunification services and setting a permanency goal of adoption was a final, appealable order. We agree with the court of appeals and hold that it was not.

ANALYSIS

Y2 The Utah Rules of Appellate Procedure allow a party to appeal from "all final orders and judgments." Utah R.App. P 3(a). In this case, the court of appeals determined. that it lacked jurisdiction due to the absence of a final, appealable order. C.M.F. v. State (State ex rel. AF.), 2006 UT App 200, ¶ 17, 138 P.3d 65. We review the court of appeals' conclusions of law for correctness. Hardinger v. Scott (State ex. rel. B.B.), 2004 UT 39, ¶ 5, 94 P.3d 252.

T3 This court has explained that 12 P.3d 80). " 'Tthe finality of an order in juvenile proceedings is determined the same way as the finality of an order in other courts'" Office of the Guardian ad Litem v. H.M. (State ex rel. S.M.), 2007 UT 21, ¶ 18, 154 P.3d 835 (quoting State ex rel. M.W., 2000 UT 79, ¶ 25, "A final order is one that ends the current juvenile proceedings, leaving no question open for further judicial action." Id. (internal quotation marks omitted). The question of whether an order is final and appealable is determined by the "substance and effect" of the order. See Cahoon v. Cahoon, 641 P.2d 140, 142 (Utah 1982). In the child welfare arena, the determining factor in deciding if an order is final and appeal-able is whether it effects a change in the permanent status of the child. For example, termination of parental rights is final and appealable because it constitutes a change in the child's status in that it changes the child's legal relationship with his or her parents. Cf. D.A. v. State (In the Interest of W.A.), 2002 UT 127, ¶ 22, 63 P.3d 607 (explaining that "parental termination proceedings clearly involve the determination of a child's status vis-a-vis its parents").

14 Thus, an order resulting from a permanency hearing is final and appealable only if it effects a change in the status of the child. In this case, the permanency hearing resulted in the juvenile court's order terminating reunification services and changing the Child's permanency goal to adoption. It did not constitute a final, appealable order because it did not affect the status of the Child and served only as an interim determination made in anticipation of additional proceedings. The Child remained in the State's *1072 custody and continued to have legal ties to the Mother. Further judicial action was required to effect a change in the Child's permanent status.

T5 The purpose of the permanency hearing is "to compel the end of the period during which a child is in legal limbo" and "mov[e] the case toward the ultimate goal of providing permanency for abused, neglected, and dependent children." State v. J.N. (State ex rel. J.N.), 960 P.2d 408, 407-08 (Utah Ct. App.1998). At the permanency hearing, the court must first determine whether the child may be safely returned to the parent's custody. Utah Code Ann. § 78-3a-312(2)(a) (Supp.2006). If the court determines that the child cannot be safely returned to the parent or guardian, it must generally terminate reunification services 1 and make a determination regarding the final plan for the child. Id. § 78-82a-812(4)(a). If reunification is not appropriate, the court's final plan for the child may be adoption, guardianship, kinship placement, or another permanent living arrangement. Id. § 78-82-812(4)(a), (b)..

T6 Despite its name, a permanency hearing does not always result in an order that affects the permanent status of the child. Some permanency hearings, as in the instant case, result in orders that merely set a direction for the remainder of the proceedings and clearly anticipate further judicial action. On the other hand, some will result in orders that do affect the permanent status of the child. For example, in SM. the Guardian ad Litem appealed an order that ended reunification services, terminated the Division's custody, and returned the children to the custody of the mother. State ex rel. S.M., 2007 UT 21, ¶¶ 1, 17, 154 P.3d 835. We concluded that this decision was final and appealable because "it terminate[d] the custody of [the Division] and award[ed] custody to [the] Mother-finally implementing the permanency goal set for the children." Id. €19. The effect of the juvenile court's decision in S.M. was to immediately implement a change in the permanent status of the children, and thus the decision required no further judicial action to be final. Similarly, an order that implements a final custody arrangement, such as guardianship or kinship placement, changes the child's status and may be appealed.

I 7 In contrast, the effect of the permanency hearing decision in this case was only to reorient the focus of the remaining proceedings toward adoption as a final permanency goal. The order terminating reunification services and changing the permanency goal left the Child's status unchanged and unresolved and therefore was not a final determination of the Mother's rights or the Child's status.

1[ 8 After reunification services were terminated, the Mother could still have regained custody of the Child by taking steps to show fitness and petitioning the court for custody at any time prior to termination of her parental rights. "Although it may be a difficult feat to accomplish, the [Mother] may still [have been] able to change cireumstances such that" the court may have returned the Child to her custody. State ex rel. J.N., 960 P.2d at 408 n. 8. "Although the State no longer provide[d] reunification services to the family, the family [could] still be reunified." Id. Further judicial action was required to effect a change in the Child's permanent status.

T9 Likewise, setting the Child's perma-nencey goal as adoption did not constitute an actual change in his status because adoption could not be accomplished without further judicial action to terminate the Mother's parental rights. The court's decision establishing a new permanency goal was "not final because [it made] an interim determination pending additional proceedings." State ex rel. S.M., 2007 UT 21, ¶ 18, 154 P.3d 835.

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

Related

In re N.E.
2025 UT App 24 (Court of Appeals of Utah, 2026)
In re G.C.
2025 UT App 182 (Court of Appeals of Utah, 2025)
Ross v. Kracht
2025 UT 22 (Utah Supreme Court, 2025)
In re Adoption of K.R.S.
2024 UT App 165 (Court of Appeals of Utah, 2024)
In re R.P.
2024 UT App 106 (Court of Appeals of Utah, 2024)
In re J.E.
2023 UT App 3 (Court of Appeals of Utah, 2023)
In re Adoption of C.C.
2021 UT 20 (Utah Supreme Court, 2021)
In re N.S.
2019 UT App 151 (Court of Appeals of Utah, 2019)
In re D.L.
2015 UT App 156 (Court of Appeals of Utah, 2015)
T.C. v. State
2015 UT App 156 (Court of Appeals of Utah, 2015)
L.G. v. State
2015 UT 41 (Utah Supreme Court, 2015)
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. Jms
2010 UT App 326 (Court of Appeals of Utah, 2010)
State v. A.C.M.
2009 UT 30 (Utah Supreme Court, 2009)
State Ex Rel. Acm
2009 UT 30 (Utah Supreme Court, 2009)
State Ex Rel. Kf
2009 UT 4 (Utah Supreme Court, 2009)
State ex rel. K.F. v. State
2009 UT 4 (Utah Supreme Court, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
2007 UT 69, 167 P.3d 1070, 2007 WL 2404256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-in-interest-of-af-utah-2007.