State v. State

417 P.3d 618
CourtUtah Supreme Court
DecidedApril 24, 2018
DocketNo. 20151083
StatusPublished

This text of 417 P.3d 618 (State 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
State v. State, 417 P.3d 618 (Utah 2018).

Opinion

Associate Chief Justice Lee, opinion of the Court:

¶1 J.B. is the biological child of J.J. When J.J. gave birth to J.B. in 2010, she was involved in a relationship with J.M.B. Later, when J.J. and J.M.B. split up, J.M.B. became J.B.'s legal guardian. J.M.B. was also given custody of the child. J.M.B.'s guardianship and custody were subsequently terminated after a third party called the police to report child neglect.

¶2 At that time J.B. was placed into the custody of the Division of Child and Family Services (Division). And the State petitioned *620the juvenile court to award custody and guardianship of J.B. to the Division. During the custody and guardianship trial, J.M.B., who was representing herself, chose to remove herself from the trial proceedings. The trial continued in her absence. The juvenile court then determined that J.M.B.'s guardianship rights should be terminated. It also found that reunification services between J.M.B. and J.B. would not be appropriate. J.M.B. filed this appeal.

¶3 During oral arguments on appeal, the Guardian ad Litem renewed a motion to dismiss for lack of jurisdiction. The Guardian ad Litem asserted that this appeal is moot because J.B.'s adoption had been finalized for more than one year and a governing statute bars any person from contesting the adoption after one year from the date of a finalized adoption. See UTAH CODE § 78B-6-133(7)(b).

¶4 We deny the motion to dismiss and reach the merits of J.M.B.'s appeal. We conclude that the case is not moot because J.M.B.'s action and appeal satisfy the time constraints set forth in Utah Code section 78B-6-133(7)(d). And we affirm the juvenile court's order terminating J.M.B.'s guardianship and custody. In so doing we reject the principal arguments raised by J.M.B. on this appeal.

¶5 First we conclude that the juvenile court had jurisdiction to vacate the district court's orders yielding guardianship rights to J.M.B. We explain that juvenile courts have statutory authority to modify a district court's order if the child also falls within the juvenile court's jurisdiction. See UTAH CODE § 78A-6-104(4)(a). Second we hold that J.M.B. waived her statutory right to counsel. This determination is based on evidence in the record reflecting that J.M.B. reasonably understood the proceedings and was aware of her right to counsel but nonetheless took actions in a clear effort to proceed pro se. Third we decline to reach a final series of arguments raised by J.M.B. because she failed to preserve these matters in the juvenile court proceedings below.

I

¶6 J.B. was born to J.J. in 2010 while she was in a relationship with J.M.B. When that relationship ended J.M.B. petitioned the district court for custody of J.B. The district court awarded joint physical and legal custody to both J.J. and J.M.B. In so doing the court suggested, among other things, that J.M.B. was "entitled to parenting rights in [J.B.]."1 J.M.B. was also ordered to pay child support.

¶7 The custody arrangement was changed a few months later when J.M.B. sought to take J.B. with her on a move to Colorado. At that point the district court awarded J.M.B. sole physical custody but retained the joint legal custody arrangement. And under this arrangement J.J. was ordered to pay child support to J.M.B.

¶8 In October 2015, J.M.B. and J.B. traveled from Colorado to Utah. They stopped at a McDonald's in Davis County. While in the McDonald's playroom, J.B. approached a third party, A.H., asking for food. A.H. noticed that the child was wearing a visibly soiled diaper and dirty clothes. A.H. walked J.B. out of the McDonald's playroom to order her food.

¶9 J.M.B. never approached A.H. or J.B. during the time that A.H. spoke with J.B., bought her food, and watched her eat. After some time went by, A.H. confronted J.M.B. At that point J.M.B. walked J.B. out to the truck to change her diaper and clothing. A.H. then assumed that J.M.B. was leaving with the child and called the police to report what he perceived to be a case of neglect.

¶10 When the police arrived, one officer separated J.B. from the rest of the scene and took her to the bathroom. J.M.B. refused to cooperate with the police. She made statements about giving up on the child. And she refused to provide any names of relatives with whom J.B. could be placed. Eventually the police arrested J.M.B. on an outstanding warrant, and J.B. was placed into the temporary custody of the Division.

¶11 A series of juvenile court hearings ensued, including shelter and child welfare hearings. J.M.B. retained counsel for some of *621those hearings but eventually terminated her counsel and proceeded pro se.

¶12 J.M.B. was represented by attorney Jordan Putnam at the child welfare hearing. At some point Putnam sought to withdraw as counsel. J.M.B. initially opposed Putnam's request, asserting that "allow[ing] him to withdraw would delay the case." But when Putnam detailed J.M.B.'s outbursts and lack of cooperation with counsel, J.M.B. conceded that the attorney-client relationship was irreparable. The juvenile court then granted Putnam's request to withdraw as counsel. It also raised concerns about J.M.B.'s ability to retain counsel and to prepare for trial in the limited time available.

¶13 J.M.B. insisted that she wished to proceed. She asserted that she did not have plans to get an attorney and contended that she could be prepared in time for trial. The court asked J.M.B. at least two more times whether she intended to proceed to trial without an attorney. Each time J.M.B. was firm in her desire to proceed pro se and identified motions she intended to file. And each time she insisted that she wanted to keep the previously scheduled trial dates. J.M.B. then proceeded to represent herself for the remainder of the child welfare hearing and the trial.

¶14 The key question at trial was whether J.M.B. had physically neglected J.B. In her opening statement J.M.B. asked the court to recognize her as J.B.'s parent (and not just a guardian). In so doing she cited the district court's order referring to her as a parent. She also alluded to broad, evolving notions of parenthood. But she cited no legal grounds for her purported status as a parent. Indeed her participation at trial did not extend much further than the opening statements.

¶15 At an early stage in the proceedings J.M.B. insisted that she could not get a fair trial and left the courtroom. At that point she told the court that it "may try the rest of th[e] trial in [her] absence." The juvenile court asked J.M.B. three times if she intended not to participate in the trial. She repeatedly told the court that she had no obligation to J.B. and expressly stated that she was choosing to leave mid-trial.

¶16 After J.M.B. left the trial, the Guardian ad Litem asked the court to make an inference that J.M.B. no longer had an interest in J.B. and should no longer have standing in the case. The juvenile court found "the cumulative effect of the statements [and] of having left the court twice" sufficient to imply that J.M.B. no longer had an interest in pursuing custody. The State then proceeded by proffer. J.M.B. subsequently reappeared in an attempt to interrupt the trial several times, but the court refused to hear J.M.B. and allowed the State to continue with the proffer.

¶17 The juvenile court found that J.M.B. had neglected J.B.

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State Ex Rel. Ae
2001 UT App 202 (Court of Appeals of Utah, 2001)
In Re Adoption of T.B.
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Patterson v. Patterson
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Cite This Page — Counsel Stack

Bluebook (online)
417 P.3d 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-state-utah-2018.