G.E.N. v. State (In re C.S.N.N.)
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IN THE UTAH COURT OF APPEALS ooOoo State of Utah, in the interest of C.S.N.N., a person under eighteen years of age. ____________________________________ G.E.N., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) PER CURIAM DECISION Case No. 20110579 CA F I L E D (September 29, 2011) 2011 UT App 326 Fourth District Juvenile, Provo Department, 1035969 The Honorable Kay A. Lindsay Attorneys: Neil Skousen, Orem, for Appellant Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee Martha Pierce, Salt Lake City, Guardian Ad Litem Before Judges Orme, Thorne, and Christiansen. ¶1 G.E.N. (Father) appeals the termination of his parental rights after he voluntarily relinquished his parental rights in open court. We affirm. ¶2 When a parent voluntarily relinquishes his or her parental rights under Utah Code section 78A 6 514, the relinquishment is effective immediately upon signing, and the relinquishment is irrevocable. See Utah Code Ann. § 78A 6 514(4) (2008). The court accepting the relinquishment must certify to the best of its information and belief that the parent executing the relinquishment has read and understood the relinquishment and has signed it freely and voluntarily. See id. § 78A 6 514(3). The juvenile court s determination that a parent voluntarily relinquished his or her parental rights will not be overturned unless the decision was clearly erroneous, meaning that the decision was against the clear weight of the evidence. See In re A.G., 2001 UT App 87, ¶ 4, 27 P.3d 562. ¶3 Father asserts that the relinquishment colloquy was insufficient to determine that he freely and voluntarily relinquished his parental rights and that Father understood the consequences of relinquishing his parental rights. During the relinquishment hearing, Father requested that the juvenile court refrain from using the words freely and surrender in the order accepting Father s voluntary relinquishment of his parental rights.1 ¶4 Father objected to the use of the word freely, and he suggested that the juvenile court simply refer to his decision to relinquish his parental rights as having been done voluntarily and without undue influence or duress. Father explained that he understood the word voluntarily as being synonymous with freely. Because Father indicated that he understood that voluntarily covers freely, the juvenile court accommodated Father s request to refrain from utilizing the word freely. Father also objected to the word surrendering. Father requested that the juvenile court replace the word surrendering with relinquishing. Once the juvenile court complied with Father s requested word substitutions, Father confirmed that he understood that he was relinquishing his parental rights willingly and voluntarily. ¶5 The record demonstrates that Father acknowledged that he voluntarily signed the relinquishment, and that he verified that he had not been induced or coerced to relinquish his parental rights. Father also acknowledged that it was in the Child s best interests to terminate his parental rights. ¶6 The juvenile court s finding that Father voluntarily relinquished his parental rights is supported by the clear weight of the evidence. Because the juvenile court s findings are supported by the clear weight of the evidence, we cannot say that the 1 Father objected to the use of such words for personal reasons. 20110579 CA 2 juvenile court erred by terminating Father s parental rights. See In re A.G., 2001 UT App 87, ¶ 4, 27 P.3d 562. Accordingly, the juvenile court s order terminating Father s parental rights is affirmed. ____________________________________ Gregory K. Orme, Judge ____________________________________ William A. Thorne Jr., Judge ____________________________________ Michele M. Christiansen, Judge 20110579 CA 3
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