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TRB v. State of Utah, Case No. 960230-CA, Filed February 21, 1997.
This opinion is subject to revision
before publication in the Pacific Reporter.

(For Official Publication)

IN THE UTAH COURT OF APPEALS

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State of Utah, in the interest of T.B.,
a person under eighteen years of age.

T.R.B.,
Plaintiff and Appellee,

v.
State of Utah

Defendant and Appellant.

OPINION

Case No. 960230-CA

F I L E D
February 21, 1997

Third District Juvenile, Salt Lake Department The Honorable Judith S.H. Atherton
Attorneys:
G. Evans, Salt Lake City, for Appellant
Jan Graham and Jeffrey Buckner, Salt Lake City, for Appellee Martin N. Olsen and Elizabeth Knight, Salt Lake City, Guardians Ad Litem
Before Judges Davis, Bench, and Jackson.
BENCH, Judge:
This is an appeal of the juvenile court's order terminating appellant's parental rights in her son, T.B. Specifically, appellant challenges the juvenile court's denial of her demand for a jury trial. Because neither Utah law nor federal due process guarantees the right to a jury in proceedings regarding the termination of parental rights, we affirm.
BACKGROUND
As a result of sexual abuse by her stepfather, appellant gave birth to T.B. in 1990, when appellant herself was just thirteen years old. T.B. was placed in shelter care in 1991 and again in 1993. During the latter half of 1993, Child Protective Services received several referrals alleging appellant's neglect and mistreatment of T.B. In January 1994, the Division of Family Services (DFS) obtained temporary custody of T.B. on grounds that he was exposed to drug and alcohol abuse and domestic violence in appellant's home. For over two years, DFS sought to reunify appellant and T.B. through the implementation of several treatment plans. When appellant failed to comply with the treatment plans, the State filed a petition to terminate appellant's parental rights.
Before the hearing on the State's petition, appellant filed a demand for a jury trial. In her supporting memorandum, appellant argued that both Utah law and federal due process guarantee the right to a jury in parental rights termination proceedings. In a memorandum decision, the juvenile court denied appellant's demand, concluding that neither Utah law nor federal due process
file:///C|/Users/Peter/Desktop/Opinions/Trb.htm[5/10/2013 7:04:23 PM] TRB v. State of Utah, Case No. 960230-CA, Filed February 21, 1997.
guarantees the right to a jury in parental rights termination proceedings.
Following the hearing, the juvenile court granted the State's petition to terminate appellant's parental rights. The juvenile court based its order of termination on grounds of neglect, unfitness, refusal or unwillingness to remedy circumstances, failure of parental adjustment, and token efforts. SeeUtah Code Ann.

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