N.P. v. State

IN THE UTAH COURT OF APPEALS

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State of Utah, in the interest of T.P. and C.P., persons under eighteen years of age.

______________________________

N.P.,
Appellant,

v.

State of Utah,
Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030135-CA
 

F I L E D
(June 26, 2003)
 

2003 UT App 225

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Second District Juvenile, Ogden Department

The Honorable Kathleen M. Nelson

Attorneys: Randall W. Richards, Ogden, for Appellant

Mark L. Shurtleff, Carol L. Verdoia, and John M. Peterson, Salt Lake City, for Appellee

Martha Pierce, Salt Lake City, Guardian Ad Litem

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Before Judges Jackson, Greenwood, and Orme.

PER CURIAM:

Appellant N.P. appeals the termination of her parental rights. This case is before the court on the State of Utah's motion for summary reversal and the Guardian Ad Litem's concurrence in that motion.

The State concedes that (1) N.P. was not properly served with the petition for termination of parental rights; (2) N.P.'s appointed counsel was allowed to withdraw, leaving her unrepresented; and (3) N.P.'s parental rights were terminated based upon her default, which is precluded by rule 34(f) of the Utah Rules of Juvenile Procedure.

Although the juvenile court found that N.P. was personally served with a copy of the petition, the certified record transmitted to this court does not contain the return of service referenced by the court. However, even assuming that N.P. was properly served, it is clear from the record that her appointed counsel was allowed to withdraw and N.P. was unrepresented when her parental rights were terminated. Finally, rule 34(f) specifically excludes cases "where the petitioner is seeking a permanent deprivation of parental rights" from those cases in which a default may be the basis for relief. Utah R. Juv. P. 34(f).

We grant the motion for summary reversal, and remand this case to the juvenile court for a new trial on the petition for termination of N.P.'s parental rights.

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Norman H. Jackson,

Presiding Judge

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Pamela T. Greenwood, Judge

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Gregory K. Orme, Judge