In Re A.W. (BWH and SH v. State), 2012 UT App.
109, March 13, 2012
BWH and SH were Foster-parents to A.W. A.W. was removed because of allegations of
sexual abuse. A.W. was placed in respite
care and adopted. Prior to the completion
of the Adoption, BWH and SH Petitioned to adopt A.W. Their Petition failed to meet minimal
procedural guidelines. Further, DCFS
supported allegations of sexual abuse against Foster-father, Foster-parents
allowed their license to lapse, and Foster-father was convicted of disorderly
conduct. The trial court refused to join
the cases and ultimately dismissed Foster-parent’s petition. The Court also awarded fees to the Guardian ad Litem because the Petition
was brought in bad faith and the GAL substantially prevailed. Foster-parent’s
appealed.
The Court of Appeals affirmed
the trial court’s dismissal of Foster-parent’s petition for adoption. Because of the procedural failings, and the
impossibility of placement with Foster-parent’s based on Father’s actions the Court
found that the dismissal of Foster-parents was appropriate. The Court of Appeals also found that because
of the impossibility of prevailing on the merits the award of attorney fees to
the Guardian ad Litem was appropriate.
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