L.G. v. State

Summary

The Utah Supreme Court held that a juvenile court must order reasonable reunification services for an incarcerated parent only when reunification with that parent is consistent with the child’s primary permanency goal. Because the permanency goal initially involved reunification with the father and was later changed to adoption, the juvenile court was not required to provide reunification services to the mother or make a separate detriment finding. The court reversed the Utah Court of Appeals and remanded for consideration of the mother’s remaining argument concerning alleged abuse by the foster parents.

Holdings

1. L.G.'s claim was timely and preserved because she presented it to the juvenile court at the termination hearing, and the dispositional hearing was not a final or appealable order.
2. A juvenile court must order reasonable reunification services for an incarcerated parent only when reunification with that parent is consistent with the primary permanency goal established by the court. If the primary permanency goal does not contemplate reunification with that parent, the requirements of Utah Code section 78A-6-312(24), including the detriment analysis, do not apply.

Questions Presented

1. Whether L.G.'s argument that the juvenile court failed to provide reasonable reunification services was preserved despite her failure to request services at the dispositional hearing.
2. Whether Utah Code section 78A-6-312(24) requires a juvenile court to consider reunification services and make a detriment determination for an incarcerated parent when the primary permanency goal does not contemplate reunification with that parent.

Disposition

reversed_and_remanded