Section 359 – Appeals.

Effective 5/4/2022
78A-6-359. Appeals.

• (1) An appeal to the Court of Appeals may be taken from any order, decree, or judgment of the juvenile court.

• (2)
  • (a) An appeal of right from an order, decree, or judgment by a juvenile court related to a proceeding under Title 78B, Chapter 6, Part 1, Utah Adoption Act, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Title 80, Chapter 4, Termination and Restoration of Parental Rights, shall be filed within 15 days after the day on which the juvenile court enters the order, decree, or judgment.
  • (b) A notice of appeal must be signed by appellant’s counsel, if any, and by appellant, unless the appellant is a child or state agency.
  • (c) If an appellant fails to timely sign a notice of appeal, the appeal shall be dismissed.

• (3) An order for a disposition from the juvenile court shall include the following information:
  • (a) notice that the right to appeal described in Subsection (2)(a) is time sensitive and must be taken within 15 days after the day on which the juvenile court enters the order, decree, or judgment appealed from;
  • (b) the right to appeal within the specified time limits;
  • (c) the need for the signature of the parties on a notice of appeal in an appeal described in Subsection (2)(a); and
  • (d) the need for each party to maintain regular contact with the the party’s counsel and to keep the party’s counsel informed of the party’s whereabouts.

• (4) If a party is not present in the courtroom, the juvenile court shall provide a statement containing the information provided in Subsection (3) to the party at the party’s last known address.

• (5) The juvenile court shall inform each party’s counsel at the conclusion of the proceedings that, if an appeal is filed, appellate counsel must represent the party throughout the appellate process unless appellate counsel is not appointed under the Utah Rules of Appellate Procedure, Rule 55.

• (6) During the pendency of an appeal under Subsection (2)(a), a party shall maintain regular contact with the party’s appellate counsel, if any, and keep the party’s appellate counsel informed of the party’s whereabouts.

• (7)
  • (a) In all other appeals of right, the appeal shall be taken within 30 days after the day on which the juvenile court enters the order, decree, or judgment.
  • (b) A notice of appeal under Subsection (7)(a) must be signed by appellant’s counsel, if any, or by appellant.

• (8) The attorney general shall represent the state in all appeals under this chapter and Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, Title 80, Chapter 4, Termination and Restoration of Parental Rights, and Title 80, Chapter 6, Juvenile Justice.

• (9) Unless the juvenile court stays the juvenile court’s order, the pendency of an appeal does not stay the order or decree appealed from in a minor’s case, unless otherwise ordered by the Court of Appeals, if suitable provision for the care and custody of the minor involved is made pending the appeal.

• (10) Access to the record on appeal is governed by Title 63G, Chapter 2, Government Records Access and Management Act.

Amended by Chapter 442, 2022 General Session