Finding Legal Help
You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help.
Como encontrar ayuda legal
Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.
Child Welfare Appeals
Expedited Appeals in Child Welfare Cases Utah Code Ann. § 78A-6-1109
This page explains the procedures and timelines for child welfare appeals and directs parties to additional information if necessary.
- What happens after I file the Notice of Child Welfare Appeal?
- Keep in touch with your lawyer
- Timelines
- Does the court allow any extensions?
- What happens after the Petition on Appeal is filed?
- Can I appeal to the Supreme Court?
Expedited Appeals Forms/Rules
If you want to appeal a decision in a child welfare case, follow these steps:
- File a Notice of Child Welfare Appeal -
PDF |
Word
You must file this within 15 days of when the judge's decision is filed.
Be sure to 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
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.
Return to TopWhat happens after I file the Notice of Child Welfare Appeal?
You have the right to be represented by a lawyer for free if you can't afford one. The lawyer will be assigned after you file a Notice of Child Welfare Appeal. Your lawyer will handle the rest of the case.
Utah Code 78A-6-359.
Keep in touch with your lawyer
Your lawyer might have questions for you. If they cannot communicate with you it will be harder for them to help you with your appeal.
Timelines
Filing the Notice of Child Welfare Appeal is the first step in the appeals process. There are other deadlines your lawyer is required to follow.
Event
Deadline
Example
Order entered 1/1/2020
Event
File Notice of Appeal
Deadline
15 days after entry of juvenile court order
Example
Order entered 1/1/2020
1/16/2020
Event
File Cross-Appeal
Deadline
No later than 5 days after Notice of Appeal is filed
Example
Order entered 1/1/2020
Event
Request Transcript
File with appeals clerk in juvenile court; send courtesy copy to Clerk of Court of Appeal
Deadline
4 days after Notice of Appeal
Example
Order entered 1/1/2020
1/20/2020
Event
File Petition on Appeal
Serve on all parties
Deadline
15 days after the juvenile court record is filed with the Court of Appeals (the court will notify parties when the record is filed)
Example
Order entered 1/1/2020
Event
File Response
Serve on all parties
Deadline
15 days after service of petition
Example
Order entered 1/1/2020
Does the court allow any extensions?
Sometimes, but you must show good cause or excusable neglect. You must show this in a motion filed under Utah Rule of Appellate Procedure 59(a). Also, you must ask for the extension before the time has expired. There are no extensions for more than 10 days past the deadline or 10 days from the date of entry of the order granting the motion, whichever is later.
If you need more time to file the Notice of Appeal, file the motion for extension in juvenile court. If you need more time to file the Petition on Appeal, file the motion for extension with the Court of Appeals.
What happens after the Petition on Appeal is filed?
The Court of Appeals needs to receive: the petition, response if there is one, and the entire record. Then the court reviews the materials, including reading the transcripts and looking through the record. After that review, the court may decide the appeal or may ask for full briefing on complicated issues.
Can I appeal to the Supreme Court?
Yes. The next step would be to file a petition for review of the Court of Appeals' decision. You have 30 days from the filing date of the Court of Appeals' opinion to file the petition.
Expedited Appeals Forms/Rules
Forms & Instructions
- Notice of Child Welfare Appeal - PDF | Word
- Guide to Appealing a Child Welfare Case - PDF
- Waiver of Court Fees
- Request for Transcript (Child Welfare) (to be used only by someone who does not have access to a computer) - PDF | Word
- Certificate that Transcript is not Requested - PDF | Word
- Counsel's Certification of Diligent Search - PDF | WordPerfect
- Motion for Extension of Time - PDF | Word
- Petition on Appeal (Child Welfare) - PDF
- Response to Petition on Appeal (Child Welfare) - PDF | Word
- Response to Motion for Summary Disposition - PDF | Word
- Certificate of Service - PDF | Word
- Checklist for Briefs - PDF
- Checklist for Petition for Rehearing - PDF
Court Use Only
- Judicial Checklist - PDF
- Notice of Rights and Responsibilities - PDF | PDF (Español)
Request for Audio CD of Juvenile Court Proceeding
- Motion to Request a Record of Proceedings (Juvenile Court) - PDF
Law
Court Rules
- Utah Rules of Appellate Procedure - (URAP): 1, 2, and 52-59
- Utah Rules of Juvenile Procedure - (URJP): 52 and 53
The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.
