R.T.M. v. State (In re K.J.M.)

R.T.M. v. State (In re K.J.M.)

IN THE UTAH COURT OF APPEALS
 

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State of Utah, in the interest of K.J.M.,
a person under eighteen years of age.

_____________________________

R.T.M.,

Appellant,

v.

State of Utah,

Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030899-CA
 

F I L E D
(August 12, 2004)
 

2004 UT App 271

 

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Second District Juvenile, Farmington Department

The Honorable Stephen A. VanDyke

Attorneys: Scott L. Wiggins, Salt Lake City, for Appellant

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

Martha Pierce, Salt Lake City, Guardian Ad Litem

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Before Judges Bench, Davis, and Jackson.

PER CURIAM:

This case is before the court on the State's motion for summary reversal on the basis of manifest error, pursuant to rule 10(a)(2)(B) of the Utah Rules of Appellate Procedure. Appellant R.T.M. (the natural father of K.J.M.) has not responded to the motion. The Guardian Ad Litem filed a response in agreement with the State's motion.

The State contends that R.T.M. was deprived of his right to due process because he was not served with notice of the initial removal and adjudication proceedings regarding the children as required by Utah Code. See Utah Code Ann. § 62A-4a-202.2 (Supp. 2003). R.T.M. was incarcerated at the time. The State cites this court's recent opinion in In re A.H., 2004 UT App 39, 86 P.3d 745, to support its argument.

The State concedes that In re A.H. was not issued at the time R.T.M.'s parental rights were terminated, but argues that the failure to properly provide notice as required by statute was plain error because of the clear notice requirement set forth in section 62A-4a-202.2. See State v. Dunn, 850 P.2d 1201, 1208-09 (Utah 1993). We agree.

We summarily reverse the order terminating R.T.M.'s parental rights based on manifest error and remand to the juvenile court for further proceedings in accordance with this decision.

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Russell W. Bench,

Associate Presiding Judge

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James Z. Davis, Judge

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Norman H. Jackson, Judge