Wednesday, February 4, 2009

Juvenile Court, Termination of Parental Rights: Relinquishment is Irrevocable and Failure to Supply an Adequate Record = No Appellate Review.

Re: D.A., J.A. v. State of Utah, 2009 UT App. 4, (Utah Court of Appeals, Memorandum Decision, January 2, 2009).

J.A. the father of D.A. relinquished his rights. After the relinquishment, he appealed the termination arguing that the relinquishment was induced by undue influence of his counsel and that his counsel was ineffective. The Court outlined that when a parent relinquishes their parental rights, that relinquishment is irrevocable. Upon review of the record, the Court found that the father certified that he understood the relinquishment and voluntarily signed it. As to the claim that his counsel was ineffective, he provided no record from the trial court that supported his allegation. As such, the Court could not consider this claim.

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