K.D. v. State, In Re C.F., 2012 UT App 10, January 12, 2012
Children were removed by
DCFS. Legal and physical custody were later returned to Father. The
Juvenile Court retained Protective Supervision (PSS) case with the family.
While the PSS case continued, the children were exposed to a domestic violence
incident involving Father and Mother. Based on that incident, the court
removed the children and set a hearing on Father’s motion for reunification
services. The juvenile court indicated no other purpose beyond addressing
Father’s motion. At that hearing, the Juvenile Court denied reunification
services and at trial, terminated Father’s parental rights. Father
appealed.
The Court of Appeals found
that because the court’s jurisdiction had not ended and had not modified the
finding of neglect, Father was not entitled to a specific hearing on the permanency
goal. Father had a permanency hearing
prior to custody being returned. The hearing on Father’s motion fulfilled
all statutory due process requirements because Father was able to present
evidence and challenge the State’s allegations. Further, because the
Court maintained jurisdiction, Father was on notice that the goal for the
children and custody of the children could be modified by court without further
notice. Affirmed.
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