78A-6-1109 - Appeals.
78A-6-1109. Appeals.
(1) An appeal to the Court of Appeals may be taken from any order, decree, or judgmentof the juvenile court.
(2) Appeals of right from juvenile court orders related to abuse, neglect, dependency,termination, and adoption proceedings, shall be taken within 15 days from entry of the order,decree, or judgment appealed from. In addition, the notice of appeal must be signed byappellant's counsel, if any, and by appellant, unless the appellant is a child or state agency. If anappellant fails to timely sign a notice of appeal, the appeal shall be dismissed.
(3) If the parties are present in the courtroom, the court shall inform them of:
(a) their right to appeal within the specified time limits;
(b) the need for their signature on a notice of appeal in appeals from juvenile court ordersrelated to abuse, neglect, dependency, termination, and adoption proceedings; and
(c) the need for parties to maintain regular contact with their counsel and to keep allother parties and the appellate court informed of their whereabouts.
(4) If the parties are not present in the courtroom, the court shall mail a written statementcontaining the information provided in Subsection (3) to the parties at their last known address.
(5) (a) The court shall inform the parties' counsel at the conclusion of the proceedingsthat, if an appeal is filed, they must represent their clients throughout the appellate process unlessrelieved of that obligation by the juvenile court upon a showing of extraordinary circumstances.
(b) Until the petition on appeal is filed, claims of ineffective assistance of counsel do notconstitute extraordinary circumstances. If a claim is raised by trial counsel or a party, it must beincluded in the petition on appeal.
(6) During the pendency of an appeal from juvenile court orders related to abuse, neglect,dependency, termination, and adoption proceedings, parties shall maintain regular contact withtheir counsel, if any, and keep all other parties and the appellate court informed of theirwhereabouts.
(7) In all other appeals of right, the appeal shall be taken within 30 days from the entry ofthe order, decree, or judgment appealed from and the notice of appeal must be signed byappellant's counsel, if any, or by appellant. The attorney general shall represent the state in allappeals under this chapter.
(8) Unless the juvenile court stays its order, the pendency of an appeal does not stay theorder or decree appealed from in a minor's case, unless otherwise ordered by the Court ofAppeals, if suitable provision for the care and custody of the minor involved is made pending theappeal.
(9) The name of the minor may not appear on the record on appeal.
Renumbered and Amended by Chapter 3, 2008 General Session