L.D. v. State (In re S.H.)

L.D. v. State (In re S.H.)

IN THE UTAH COURT OF APPEALS

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State of Utah, in the interest of S.H., R.D., T.D., and P.D., persons under eighteen years of age.

______________________________

L.D.,

Appellant,

v.

State of Utah,

Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030191-CA
 

F I L E D
(November 14, 2003)
 

2003 UT App 386

 

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Third District Juvenile, Salt Lake Department

The Honorable Frederic M. Oddone

Attorneys: Gary L. Bell, South Jordan, for Appellant

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

Martha Pierce and Mollie McDonald, Salt Lake City, Guardians Ad Litem

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Before Judges Bench, Greenwood, and Orme.

ORME, Judge:

We have determined that "[t]he facts and legal arguments are adequately presented in the briefs and record[,] and the decisional process would not be significantly aided by oral argument." Utah R. App. P. 29(a)(3). Moreover, the appeal is readily resolved under well-settled principles of applicable law.

Appellant argues that the court's order was improper under subsections (2) and (3)(a) of Utah Code Ann. § 78-3a-407 (2002) (the termination statute). Those subsections, however, were added pursuant to the 2002 amendment to the termination statute, which went into effect May 6, 2002, see id. (amendment notes), and the termination petition in the instant case was filed on March 14, 2002.

The provisions of the 2002 amendment do not apply retroactively. See In re T.M., 2003 UT App 191,¶20, 73 P.3d 959. The version of the statute in effect when DCFS filed its petition to terminate parental rights governs throughout the course of the proceeding. See id. Thus, while affirmance could also be premised on other grounds in this case, Appellant's arguments with respect to subsections (2) and (3)(a) of section 78-3a-407 are unavailing.

Affirmed.

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Gregory K. Orme, Judge

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WE CONCUR:

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Russell W. Bench, Judge

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Pamela T. Greenwood, Judge