In re O.N...

               THE UTAH COURT OF APPEALS

        STATE OF UTAH, IN THE INTEREST OF O.N. AND R.N.,
             PERSONS UNDER EIGHTEEN YEARS OF AGE.


                             K.D.,
                           Appellant,
                               v.
                         STATE OF UTAH,
                           Appellee.

                      Per Curiam Opinion
                       No. 20230987-CA
                      Filed March 7, 2024

        Sixth District Juvenile Court, Kanab Department
                   The Honorable Alex Goble
                           No. 1215052

              Emily Adams, Attorney for Appellant
               Sean D. Reyes and John M. Peterson,
                     Attorneys for Appellee
                Martha Pierce, Guardian ad Litem

      Before JUDGES RYAN M. HARRIS, RYAN D. TENNEY, and
                       JOHN D. LUTHY.

PER CURIAM:

¶1    K.D. (Mother) moves to reinstate her appeal after it was
dismissed for lack of jurisdiction due to an insufficient notice of
appeal.

¶2     Mother’s motion is pursuant to rule 23A of the Utah Rules
of Appellate Procedure, which permits an “appeal dismissed for
failure to take a step other than the timely filing of a notice of
appeal” to be reinstated by the court under certain circumstances.
                             In re O.N.


Mother contends that the failure of a parent to sign a notice of
appeal from a child welfare order is a “failure to take a step other
than the timely filing of a notice of appeal” and that her appeal
should be reinstated. However, the failure to take other steps
within the scope of the rule are administrative matters in the
appeal process rather than jurisdictional defects.

¶3       The content required in a notice of appeal in child welfare
proceedings is set forth in both statute and rule. See Utah Code
§ 78A-6-359(2); Utah R. App. P. 53. Both require a parent’s
signature to complete the notice of appeal. See Utah Code § 78A-
6-359(2)(b); Utah R. App. P. 53(b). A parent’s signature is
identified as a jurisdictional requirement under statute: “If [a
parent] fails to timely sign a notice of appeal, the appeal shall be
dismissed.” Utah Code § 78A-6-359(2)(c). The lack of a parent’s
signature means the notice of appeal is not complete and is
insufficient to invoke the court’s jurisdiction regardless of when it
was filed. See In re D.E., 

, 

(per curiam) (holding that a notice of appeal unsigned by the
parent was insufficient even though filed within fifteen days); see
also In re adoption of A.B., 

, ¶ 17, 

 (“If an
appellant fails to file a signed notice of appeal in conformity with
[rule 53], the appeal shall be dismissed.” (quotation simplified));
cf. In re adoption of B.B., 

, 

 (noting that
the contents of a notice of appeal can have jurisdictional
consequences).

¶4     In sum, the signature requirement is a jurisdictional
element of a notice of appeal in a child welfare proceeding. “Utah
appellate courts lack jurisdiction over an appeal . . . if the notice
of appeal is not filed in strict compliance with Utah’s notice of
appeal requirements.” In re adoption of A.B., 

, ¶ 25.
When an appellate court has never obtained jurisdiction over a
case, then by definition no appeal was ever instated. And if no
appeal in the matter was instated, it cannot be reinstated.




 20230987-CA                      2                

                           In re O.N.


Accordingly, reinstatement is not available under rule 23A.1 The
motion to reinstate the appeal is denied.




1. Notably, a rule change is pending that might provide for a
different outcome in future cases that present circumstances
similar to those presented here. Our decision here, however, is
dictated by the current rule and the case law interpreting it.


 20230987-CA                   3