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Court of Appeals hears dispute over withdrawing Rule 34(e) admissions in child-welfare case
Summary
The Utah Court of Appeals heard argument on whether parents who entered Rule 34(e) admissions to secure reunification services may later seek to withdraw those admissions and whether ineffective-assistance claims related to that decision can be raised in a later termination appeal. The panel took the matter under advisement.
The Utah Court of Appeals heard oral argument this morning over whether parents who entered Rule 34(e) admissions in a child-welfare case may later withdraw those admissions and whether a claim of ineffective assistance of counsel tied to that decision may be considered in an appeal from a later termination order.
Appellant's counsel Jason Richards told the panel that the parents entered Rule 34(e) answers primarily to obtain reunification services, but that the Division of Child and Family Services (DCFS) "did an about face and recommended no reunification and a goal of adoption." Richards said the juvenile court's response…
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