Child Welfare Appeals

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Overview

Appeals in Child Welfare Cases

This page explains the procedures and timelines for child welfare appeals and directs parties to additional information if necessary.

 

If you want to appeal a decision in a child welfare case, follow these steps:

  1. File a Notice of Child Welfare Appeal - PDF | Word
    You must file this within 15 days of when the judge's decision is filed.
    Be sure to sign the notice.
    File the notice with the juvenile court that issued the decision you are appealing.
  2. Send a copy of the Notice of Child Welfare Appeal to all parties

If you don't file a Notice of Child Welfare Appeal within 15 days then you will lose your right to appeal. The decision of the juvenile court will be final.

Utah Code 78A-6-359, Utah Rule of Juvenile Procedure 52

 

What happens after I file the Notice of Child Welfare Appeal?

You have the right to be represented by a lawyer for free if you can't afford one. The lawyer will be assigned after you file a Notice of Child Welfare Appeal. Your lawyer will handle the rest of the case.

Utah Code 78A-6-359.

 

Keep in touch with your lawyer

Your lawyer might have questions for you. If they cannot communicate with you it will be harder for them to help you with your appeal.

 

Timelines

Filing the Notice of Child Welfare Appeal is the first step in the appeals process. There are other deadlines your lawyer is required to follow.

Event

Deadline

Example
Order entered 1/1/2020

File Notice of Appeal

15 days after entry of juvenile court order

1/16/2020

File Cross-Appeal

No later than 5 days after Notice of Appeal is filed

Request Transcript
File with appeals clerk in juvenile court; send courtesy copy to Clerk of Court of Appeal

4 days after Notice of Appeal

1/20/2020

File Petition on Appeal
Serve on all parties

15 days after the juvenile court record is filed with the Court of Appeals (the court will notify parties when the record is filed)

File Response
Serve on all parties

15 days after service of petition

 

Does the court allow any extensions?

Sometimes, but you must show good cause or excusable neglect. You must show this in a motion filed under Utah Rule of Appellate Procedure 59(a). Also, you must ask for the extension before the time has expired. There are no extensions for more than 10 days past the deadline or 10 days from the date of entry of the order granting the motion, whichever is later.

If you need more time to file the Notice of Appeal, file the motion for extension in juvenile court. If you need more time to file the Petition on Appeal, file the motion for extension with the Court of Appeals.

 

Can my 15-day period to file an appeal be reinstated after the deadline has passed? 

If you lost your right to file an appeal through no fault of your own then you can file a Motion to Reinstate Period for Filing Child Welfare Appeal using the form below. If the parent does not have an attorney and is indigent the juvenile court will appoint an attorney. 

The motion must

  •  be filed within 45 days of of entry of the order terminating parental rights or terminating jurisdiction
  • demonstrate by a preponderance of the evidence that the parent was deprived of the right to appeal through no fault of the parent
  • be served on the attorney general and guardian ad litem

URAP 52(d) 

What happens after the Petition on Appeal is filed?

The Court of Appeals needs to receive: the petition, response if there is one, and the entire record. Then the court reviews the materials, including reading the transcripts and looking through the record. After that review, the court may decide the appeal or may ask for full briefing on complicated issues.

 

Can I appeal to the Supreme Court?

Yes. The next step would be to file a petition for review of the Court of Appeals' decision. You have 30 days from the filing date of the Court of Appeals' opinion to file the petition.

 

Expedited Appeals Forms/Rules

Forms & Instructions

  • Notice of Child Welfare Appeal - PDF | Word
  • Guide to Appealing a Child Welfare Case - PDF
  • Waiver of Court Fees
  • Request for Transcript (Child Welfare) (to be used only by someone who does not have access to a computer) - 1095XX
  • 1066XX
  • 1096XX
  • 1079XX
  • Motion to Reinstate Time to File Child Welfare Appeal - PDF - Word
  • 1350XX
  • 1351XX
  • 1089XX
  • 1090XX
  • Checklist for Briefs - PDF
  • Checklist for Petition for Rehearing - PDF

Court Use Only

Request for Audio CD of Juvenile Court Proceeding

  • 1378XX

Law

Court Rules

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