A.D.T. v. State (In re C.D.)
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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of C.D., A.D., J.T., and S.T., persons under eighteen years of age. ______________________________ A.D.T., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20070947-CA F I L E D (January 31, 2008) 2008 UT App 37 ----Seventh District Juvenile, Monticello Department, 170258 The Honorable Mary L. Manley Attorneys: Joyce G. Smith, Blanding, for Appellant Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee Martha Pierce and Mandie Torgerson, Salt Lake City, Guardians Ad Litem ----- Before Judges Thorne, Bench, and Orme. PER CURIAM: A.D.T. (Mother) appeals from the juvenile court's order from a permanency hearing. Because the order is not a final and appealable order, we lack jurisdiction and must dismiss this appeal.1 Appeals may be taken from final orders and judgments. Utah R. App. P. 3(a). For a juvenile court order to be appealable, the order must "end[] the current juvenile proceedings, leaving no question open for further judicial 1 See Mother also appealed the order from the adjudication, filed December 5, 2007. That appeal, case number 20070978-CA, is a separate appeal and is not affected by this decision. action." In re A.F., 2007 UT 69, ¶ 3, 167 P.3d 1070. "In the child welfare arena, the determining factor in deciding if an order is final and appealable is whether it effects a change in the permanent status of the child." Id. Accordingly, an order from a permanency hearing is appealable only "if it effects a change in the status of the child." Id. ¶ 4. The November 13, 2007 order appealed here is not a final order subject to appeal. The order did not change the legal status of the children, nor did it permanently affect Mother's residual rights. Instead, the order only "reorient[ed] the focus of the remaining proceedings toward" an identified permanency goal. Id. ¶ 7. Accordingly, we lack jurisdiction over this appeal. Dismissed. ______________________________ William A. Thorne Jr., Associate Presiding Judge ______________________________ Russell W. Bench, Judge ______________________________ Gregory K. Orme, Judge 20070947-CA 2
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