Wednesday, June 20, 2012

In a Protective Supervision Case, Court Not Required to Provide Strict Procedural Due Process
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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