Child Welfare Appeals

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What is an appeal? 

An appeal is a review by a higher court (the Court of Appeals) to determine if the judge in the Juvenile Court made a legal mistake.

The Court of Appeals will not hold a new trial. They don't listen to new witnesses, and they don't look at new evidence. They only read the paperwork and recordings created in the Juvenile Court. The person who is appealing must show that the first judge made a mistake that was important enough that it could have changed the outcome of the case.

What is a child welfare case?

These cases are about children and families when the court has to step in. They include things like:

  • Child abuse 
  • Neglect
  • When children need help (dependency) 
  • Ending a parent's legal rights 
  • Adoption

Utah Rule of Appellate Procedure 1(f)

Expedited child welfare appeals: why the process is so fast

Child welfare appeals are expedited, meaning they move much faster than other types of cases in the appellate court. This is because these appeals involve the safety and placement of children. The legal deadlines are very short, and there are strict limits on extensions. The entire process is designed to reach a resolution quickly.

Utah Code 78A-6-359


What kind of decision can I appeal?

You can appeal the judge's final decision—the one that decides the big questions in your case. This includes decisions that: 

  • Say abuse or neglect happened (adjudication orders).
  • Permanently end a parent's legal rights (termination orders).
  • Are the last official paper closing the Juvenile Court case (ending jurisdiction).

How to file a child welfare appeal

To start a child welfare appeal, you must turn in a form called a Notice of Child Welfare Appeal to the court. You must do this quickly—you only have 15 days after the judge makes their decision to file this form. Follow the steps below.

Fees and costs

When filing the Notice of Child Welfare Appeal, the appellant must either pay a $240.00 filing fee and a $300.00 cost bond to the Juvenile Court or obtain a waiver for the fees.

  • If you can't afford the fees, file a Motion to Waive Fees with the Juvenile Court to ask for the filing fee and cost bond to be waived. See our Fees and Fee waiver page. 

  • Transcript cost: Even if fees are waived, you will still have to pay other costs associated with the appeal, such as paying the court reporter to prepare the transcript. 

File a Notice of Child Welfare Appeal and Juvenile Court Petition Cover Sheet (using the forms below) in the Juvenile Court within 15 days of when the judge's decision is filed. 

Be sure to include the sign the notice. File the notice with the Juvenile Court that issued the decision you are appealing.

Send a copy of the Notice of Child Welfare Appeal to all parties in the case. You must serve a copy on counsel of record for each party, including the Guardian ad Litem, or if the party is not represented by counsel, then on the party at their last known address.

If you don't file a Notice of Child Welfare Appeal within 15 days then you will lose your right to appeal. The decision of the juvenile court will be final.

Utah Code 78A-6-359, Utah Rule of Juvenile Procedure 52

If the Juvenile Court appointed a lawyer to help you, that lawyer is generally required to continue helping you with the appeal. If they can't, a new lawyer will be assigned. Utah Code 78A-6-359(5), URAP Rule 55 ( Rules of Appellate Procedure).

(Note: The minor child in the case is represented by a court-appointed Guardian ad Litem and does not need to apply for a free lawyer.)

What if I didn't have a free lawyer for my Juvenile Court case?

If you didn't have a free lawyer for your Juvenile Court case (maybe you paid for one, or you spoke for yourself), you still have the right to ask for a free lawyer for your appeal.

Getting a free, court-appointed lawyer is not automatic. The court must officially decide if you qualify for a free, court-appointed lawyer (meaning you are found indigent). This is a formal court decision and might be different from what you personally feel you can afford.

To ask for this free lawyer, you have to file a Motion to Appoint Counsel (a formal written request). You have two places to file it:

  • File with the Juvenile Court: The Juvenile Court (which made the first decision) will decide if you qualify for a free, court-appointed lawyer. If you qualify, they will assign you a lawyer and tell the Court of Appeals.

  • File with the Court of Appeals: The Appeals Court will send your request back to the Juvenile Court to decide if you qualify for a free, court-appointed lawyer. The Juvenile Court will then assign a lawyer if you qualify.

If the Juvenile Court decides you do not qualify for a free lawyer, you will need to pay for your own lawyer or represent yourself in the appeal.

Keep in touch with your lawyer: Your lawyer might have questions for you. Be sure to let them know where you are (like if you move or change your phone number) during the appeal. If your lawyer can't reach you, it will be very hard for them to help you with your appeal.

Your lawyer (or you, the appellant, if you don't have a lawyer) must file a request for the transcript with the Juvenile Court within 4 days after the Notice of Child Welfare Appeal is filed. URAP Rule 52 (Rules of Appellate Procedure), URAP Rule 54 (Rules of Appellate Procedure)

The Court of Appeals needs the complete record of your case to check the work of the judge in the Juvenile Court. This record includes the transcript (a word-for-word typing of everything that was said) and the record (all the documents and evidence from the Juvenile Court file). Filing the transcript request allows the Juvenile Court to prepare and send the complete record to the Court of Appeals.

The transcript and record are the appellate court's only way to know what happened at the trial. The Court of Appeals must have these papers to find a mistake. If the complete record is missing, it becomes significantly harder to show that a mistake was made.

The Petition on Appeal must be filed and served on all parties within 15 days after the juvenile court record is filed with the Court of Appeals (the court will notify parties when the record is filed). This petition is the main document that tells the Court of Appeals exactly what legal mistake the first judge made.

The opposing party then has 15 days after being served to file a response to the Petition on Appeal.

The Court of Appeals needs to receive: the Petition on Appeal, the response (if one is filed), and the entire record. Then the Court reviews these materials, including reading the transcripts and looking through the record. After that review, the Court may:

  • Decide the appeal based on the documents already filed, or

  • Ask for complete, formal written arguments (full briefing) from both sides if the issues are complicated.

If the Court of Appeals reviews the Petition on Appeal and finds the legal issues are complex, the court will  order a full, formal briefing process.

The briefs are the single most important part of the appellate process. They are the comprehensive written arguments used to persuade the Court to rule in your favor.

  • Appellant's Brief: The main argument identifying the trial court's errors.

  • Appellee's Brief: The opposing party's argument explaining why the trial court's decision was correct.

  • Reply Brief (Optional): The appellant's final response to arguments raised by the appellee.

The format, length, and content of these briefs must meet very strict rules. See our Checklist for Briefs for detailed requirements. 

Asking for more time (Motion for Extension of Time)

Sometimes, you need more time to finish the paperwork for your appeal. You can ask the judge for a delay by filing a Motion for Extension of Time. URAP Rule 22(b) (Rules of Appellate Procedure), URAP Rule 59 (Rules of Appellate Procedure)

  • File the request before your deadline runs out.
  • Explain a good reason why you need extra time. 
  • Tell the court if you have asked for extensions before, and if so, how many times and for how long.

Extension time limit: The court cannot grant a delay for more than 10 days past the original deadline, or 10 days from the date the judge signs the order granting the motion, whichever date is later. URAP Rule 59 (Rules of Appellate Procedure)

The court where you file your request (Motion for Extension of Time) depends on the deadline you need to extend:

  • If you need more time to file the initial Notice of Child Welfare Appeal, file the Motion for Extension of Time in juvenile court (the first court).

  • If you need more time to file the Petition on Appeal, file the Motion for Extension with the Court of Appeals (the higher court).

Child welfare appeal timeline

Here is a summary of the strict deadlines that the person appealing (the appellant) or their lawyer is required to follow. For a step-by-step timeline of all the due dates, see our Guide to Appealing a Child Welfare Case.

Event

Deadline

Example
Order entered 1/1/2020

File Notice of Appeal

15 days after entry of juvenile court order

1/16/2020

File Cross-Appeal

No later than 5 days after Notice of Appeal is filed

Request Transcript
File with appeals clerk in juvenile court; send courtesy copy to Clerk of Court of Appeal

4 days after Notice of Appeal

1/20/2020

File Petition on Appeal
Serve on all parties

15 days after the juvenile court record is filed with the Court of Appeals (the court will notify parties when the record is filed)

File Response
Serve on all parties

15 days after service of petition

Can my 15-day period to file an appeal be reinstated after the deadline has passed? 

Yes, but only in very specific cases, and only if the final order was one terminating parental rights or terminating the court’s jurisdiction.

If you lost your right to file an appeal through no fault of your own, you can file a Motion to Reinstate Period for Filing Child Welfare Appeal.

What You Must Do:

  • Deadline: The motion must be filed quickly—within 45 days of the judge signing the order.

  • Proof: You must show by a preponderance of the evidence (meaning, it is more likely than not) that the loss of your appeal right was not your fault.

  • Service: The motion must be delivered to the Attorney General and the Guardian ad Litem.

If you are an indigent parent and do not have a lawyer, the Juvenile Court will appoint one to help you with this motion.

URAP Rule 52(d) (Rules of Appellate Procedure)

Petition for Rehearing (Asking the Court of Appeals to review)

If one of the parties believes the Court of Appeals made an error in its decision, they can ask the court to review its ruling by filing a Petition for Rehearing.

Can I appeal to the Supreme Court?

If you disagree with the final decision of the Court of Appeals, you can ask the Utah Supreme Court to review that decision.

The Petition for Writ of Certiorari (the official name for this request) has to be filed with the Supreme Court within 30 days of the filing date of the Court of Appeals' opinion. URAP Rule 48 (Rules of Appellate Procedure)

Forms 

  • 1138XX - Utah Juvenile Court Petition Cover Sheet
  • 9301AP - Notice of Child Welfare Appeal
  • Request for Transcript (Child Welfare) (to be used only by someone who does not have access to a computer) - 1095XX
  • 1066XX
  • 1096XX
  • 1079XX
  • Motion to Reinstate Time to File Child Welfare Appeal - PDF - Word 
  • 1089XX
  • 1090XX 
  • 1379XX - Request for Copy of Audio Recording -Juvenile Court
  • 1379.3XX - Motion for Copy of Audio Recording - Juvenile Court
  • 1379.5XX - Petition for Copy of Audio Recording - Juvenile Court

 

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