R.C. v. State (In re B.C.)

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of B.C., a person under eighteen years of age. R.C., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20061161-CA F I L E D (February 1, 2007) 2007 UT App 29 ----Third District Juvenile, Salt Lake Department, 460638 The Honorable C. Dane Nolan Attorneys: Jose A. Loayza, Taylorsville, for Appellant Mark L. Shurtleff and Carol L.C. Verdoia, Salt Lake City, for Appellee Martha Pierce, Salt Lake City, Guardian Ad Litem ----- Before Judges Greenwood, Billings, and Orme. PER CURIAM: R.C. (Father) appeals from a juvenile court order terminating reunification services and setting a permanency goal of adoption for B.C., his daughter. Because the order appealed is not a final order, this court lacks jurisdiction and must dismiss the appeal. This court has previously held that certain types of permanency orders are not final appealable orders. See In re A.F., 2006 UT App 200,¶10, 138 P.3d 65, cert. granted, No. 20060648-SC, 2006 Utah LEXIS 190 (Utah Sept. 20, 2006). Permanency orders that terminate reunification services and set a goal of adoption are interlocutory in nature because further action is clearly contemplated. See id. The order Father appeals from is just this type of order. As a result, this court lacks jurisdiction and must dismiss the appeal. See id. Dismissed. ______________________________ Pamela T. Greenwood, Associate Presiding Judge ______________________________ Judith M. Billings, Judge ______________________________ Gregory K. Orme, Judge 20061161-CA 2

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