Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 161 (2022GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• removes provisions requiring a party in an adoption or child welfare-related case to keep other parties and the appellate court informed of the party's whereabouts;
• requires a party to an adoption or child welfare-related case to keep the party's counsel informed of the party's whereabouts after a juvenile court disposition;
• removes the requirement that certain claims be made in an adoption or child welfare-related appeal;
• modifies the appeals information a juvenile court is required to provide a party at the conclusion of an adoption or child welfare-related case; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CHILD WELFARE APPEALS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Jefferson S. Burton
LONG TITLE
General Description:
This bill addresses an appeal from a juvenile court order related to adoption or child
welfare. 
Highlighted Provisions:
This bill:
▸ removes provisions requiring a party in an adoption or child welfare-related case to
keep other parties and the appellate court informed of the party's whereabouts;
▸ requires a party to an adoption or child welfare-related case to keep the party's
counsel informed of the party's whereabouts after a juvenile court disposition;
▸ removes the requirement that certain claims be made in an adoption or child
welfare-related appeal;
▸ modifies the appeals information a juvenile court is required to provide a party at
the conclusion of an adoption or child welfare-related case; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78A-6-359
, as renumbered and amended by Laws of Utah 2021, Chapter 261
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78A-6-359
 is amended to read:
78A-6-359.
Appeals.
(1) An appeal to the Court of Appeals may be taken from any order, decree, or
judgment of the juvenile court.
(2) (a) An appeal of right from an order, decree, or judgment by a juvenile court related
to a proceeding under Title 78B, Chapter 6, Part 1, Utah Adoption Act, Title 80, Chapter 3,
Abuse, Neglect, and Dependency Proceedings, and Title 80, Chapter 4, Termination and
Restoration of Parental Rights, shall be filed within 15 days after the day on which the juvenile
court enters the order, decree, or judgment.
(b) A notice of appeal must be signed by appellant's counsel, if any, and by appellant,
unless the appellant is a child or state agency.
(c) If an appellant fails to timely sign a notice of appeal, the appeal shall be dismissed.
(3) An order for a disposition from the juvenile court shall include the following
information:
(a) notice that the right to appeal described in Subsection (2)(a) is time sensitive and
must be taken within 15 days after the day on which the juvenile court enters the order, decree,
or judgment appealed from;
(b) the right to appeal within the specified time limits;
(c) the need for the signature of the parties on a notice of appeal in an appeal described
in Subsection (2)(a); and
(d) the need for [
parties
] 
each party
 to maintain regular contact with the [
parties'
] 
the
party's
 counsel and to keep [
all other parties and the appellate court
] 
the party's counsel
informed of the [
parties'
] 
party's
 whereabouts.
(4) If [
the parties are
] 
a party is
 not present in the courtroom, the juvenile court shall
provide a statement containing the information provided in Subsection (3) to the [
parties
] 
party
at the [
parties'
] 
party's
 last known address.
(5) [
(a)
] The juvenile court shall inform [
the parties' counsel
] 
each party's counsel
 at
the conclusion of the proceedings that, if an appeal is filed, [
the parties' counsel
] 
appellate
counsel
 must represent the [
parties
] 
party
 throughout the appellate process [
unless relieved of
that obligation by the juvenile court upon a showing of extraordinary circumstances
] 
unless
appellate counsel is not appointed under the Utah Rules of Appellate Procedure, Rule 55
.
[
(b) (i) Until the petition on appeal is filed, claims of ineffective assistance of counsel
do not constitute extraordinary circumstances.
]
[
(ii) If a claim is raised by trial counsel or a party, the claim must be included in the
petition on appeal.
]
(6) During the pendency of an appeal under Subsection (2)(a), [
parties
] 
a party
 shall
maintain regular contact with the [
parties'
] 
party's appellate
 counsel, if any, and keep [
all other
parties and the appellate court
] 
the party's appellate counsel
 informed of the [
parties'
] 
party's
whereabouts.
(7) (a) In all other appeals of right, the appeal shall be taken within 30 days after the
day on which the juvenile court enters the order, decree, or judgment.
(b) A notice of appeal under Subsection (7)(a) must be signed by appellant's counsel, if
any, or by appellant.
(8) The attorney general shall represent the state in all appeals under this chapter and
Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings
, Title 80
, Chapter 4,
Termination and Restoration of Parental Rights, and 
Title 80,
 Chapter 6, Juvenile Justice.
(9) Unless the juvenile court stays the juvenile court's order, the pendency of an appeal
does not stay the order or decree appealed from in a minor's case, unless otherwise ordered by
the Court of Appeals, if suitable provision for the care and custody of the minor involved is
made pending the appeal.
(10) Access to the record on appeal is governed by Title 63G, Chapter 2, Government
Records Access and Management Act.