In re J.B.

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The Supreme Court affirmed the juvenile court’s order terminating J.M.B.’s guardianship and custody of J.B. and denied the guardian ad litem’s (GAL) motion to dismiss this case for lack of jurisdiction.After J.M.B. separated from J.B.’s biological mother, J.M.B. became J.B.’s legal guardian and was also given custody of the child. J.M.B.’s guardianship and custody were subsequently terminated, and the juvenile court determined, after a trial, that J.M.B.’s guardianship rights should be terminated. J.M.B. filed this appeal. During oral arguments, the GAL renewed a motion to dismiss for lack of jurisdiction, arguing that this appeal was moot because J.B.’s adoption had been finalized for more than one year. The Supreme Court held (1) the case was not moot because J.M.B.’s action and appeal satisfied the time constraints set forth in Utah Code 78B-6-133(7)(d); (2) the juvenile court had jurisdiction to vacate the district court’s orders yielding guardianship rights to J.M.B.; (3) J.M.B. waived her statutory right to counsel; and (4) J.M.B. failed to preserve her remaining arguments in the juvenile court proceedings below. View "In re J.B." on Justia Law