1     
CHILD WELFARE APPEALS AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Jefferson S. Burton

6     

7     LONG TITLE
8     General Description:
9          This bill addresses an appeal from a juvenile court order related to adoption or child
10     welfare.
11     Highlighted Provisions:
12          This bill:
13          ▸     removes provisions requiring a party in an adoption or child welfare-related case to
14     keep other parties and the appellate court informed of the party's whereabouts;
15          ▸     requires a party to an adoption or child welfare-related case to keep the party's
16     counsel informed of the party's whereabouts after a juvenile court disposition;
17          ▸     removes the requirement that certain claims be made in an adoption or child
18     welfare-related appeal;
19          ▸     modifies the appeals information a juvenile court is required to provide a party at
20     the conclusion of an adoption or child welfare-related case; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          78A-6-359, as renumbered and amended by Laws of Utah 2021, Chapter 261
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 78A-6-359 is amended to read:
32          78A-6-359. Appeals.
33          (1) An appeal to the Court of Appeals may be taken from any order, decree, or
34     judgment of the juvenile court.
35          (2) (a) An appeal of right from an order, decree, or judgment by a juvenile court related
36     to a proceeding under Title 78B, Chapter 6, Part 1, Utah Adoption Act, Title 80, Chapter 3,
37     Abuse, Neglect, and Dependency Proceedings, and Title 80, Chapter 4, Termination and
38     Restoration of Parental Rights, shall be filed within 15 days after the day on which the juvenile
39     court enters the order, decree, or judgment.
40          (b) A notice of appeal must be signed by appellant's counsel, if any, and by appellant,
41     unless the appellant is a child or state agency.
42          (c) If an appellant fails to timely sign a notice of appeal, the appeal shall be dismissed.
43          (3) An order for a disposition from the juvenile court shall include the following
44     information:
45          (a) notice that the right to appeal described in Subsection (2)(a) is time sensitive and
46     must be taken within 15 days after the day on which the juvenile court enters the order, decree,
47     or judgment appealed from;
48          (b) the right to appeal within the specified time limits;
49          (c) the need for the signature of the parties on a notice of appeal in an appeal described
50     in Subsection (2)(a); and
51          (d) the need for [parties] each party to maintain regular contact with the [parties'] the
52     party's counsel and to keep [all other parties and the appellate court] the party's counsel
53     informed of the [parties'] party's whereabouts.
54          (4) If [the parties are] a party is not present in the courtroom, the juvenile court shall
55     provide a statement containing the information provided in Subsection (3) to the [parties] party
56     at the [parties'] party's last known address.
57          (5) [(a)] The juvenile court shall inform [the parties' counsel] each party's counsel at
58     the conclusion of the proceedings that, if an appeal is filed, [the parties' counsel] appellate
59     counsel must represent the [parties] party throughout the appellate process [unless relieved of
60     that obligation by the juvenile court upon a showing of extraordinary circumstances] unless
61     appellate counsel is not appointed under the Utah Rules of Appellate Procedure, Rule 55.
62          [(b) (i) Until the petition on appeal is filed, claims of ineffective assistance of counsel
63     do not constitute extraordinary circumstances.]
64          [(ii) If a claim is raised by trial counsel or a party, the claim must be included in the
65     petition on appeal.]
66          (6) During the pendency of an appeal under Subsection (2)(a), [parties] a party shall
67     maintain regular contact with the [parties'] party's appellate counsel, if any, and keep [all other
68     parties and the appellate court] the party's appellate counsel informed of the [parties'] party's
69     whereabouts.
70          (7) (a) In all other appeals of right, the appeal shall be taken within 30 days after the
71     day on which the juvenile court enters the order, decree, or judgment.
72          (b) A notice of appeal under Subsection (7)(a) must be signed by appellant's counsel, if
73     any, or by appellant.
74          (8) The attorney general shall represent the state in all appeals under this chapter and
75     Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, Title 80, Chapter 4,
76     Termination and Restoration of Parental Rights, and Title 80, Chapter 6, Juvenile Justice.
77          (9) Unless the juvenile court stays the juvenile court's order, the pendency of an appeal
78     does not stay the order or decree appealed from in a minor's case, unless otherwise ordered by
79     the Court of Appeals, if suitable provision for the care and custody of the minor involved is
80     made pending the appeal.
81          (10) Access to the record on appeal is governed by Title 63G, Chapter 2, Government
82     Records Access and Management Act.