Monday, November 14, 2011

Child Welfare: Completion of Service Plan Does Not Guarantee Reunification; and Award of Permanent Custody is an Appealable Order

In Re: E.L.F., 2011 UT App 244 (Utah Court of Appeals July 29, 2011).
Mother appeals the Juvenile Court award of custody to Father.  The Court of Appeals first finds that the order of permanent custody to Father is a final and appealable order.  As to the merits of the appeal, the Court found that the Juvenile Court had jurisdiction to make the order and refused to disturb the Order of the Juvenile court because it had foundation for the order.  The Juvenile Court found that Father believed that it was important that the children have a relationship with their mother, and Father was actively engaged in children's lives.  The Juvenile Court also found that Mother had completed her service plan, however, according to treatment providers and other testimony at trial Mother had not internalized her treatment.  Affirmed.
Full Decision Available at

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