State v. G.C. (In re G.C.), 2025 UT App 182

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Coverage

Facts

Removal and Adjudication

• Child was removed from Parents’ custody in 2022 at the age of three and was adjudicated abused and neglected as to both Parents.
• The juvenile court ordered concurrent permanency goals of reunification and permanent custody and guardianship.

Sister’s Birth and Separate Case

• Ten months after Child’s removal, Parents had another child together (Sister), who was also removed from Parents’ care.
• The two children’s cases proceeded on separate permanency timelines, and both children were placed with Aunt, their uncle’s sister-in-law.

Permanency Hearing and Guardianship Order

• At Child’s permanency hearing, the juvenile court determined that it was not safe to return Child to either Parent and terminated reunification services.
• The court then entered a permanent guardianship order appointing Aunt as Child’s permanent guardian.

Parent-Time and Sibling Contact

• The court ordered supervised virtual parent-time once per month and a supervised in-person visit four times per year for at least two hours, and directed Aunt to invite Parents to Child’s sporting events, school activities, and other events.
• The court described this as the “minimal parent-time requirement,” noted its understanding that Aunt was “willing to do more,” and explained that the minimum was fashioned to be sustainable for nearly fourteen years given that Aunt must facilitate visits with two separate parents.
• Father had requested weekly in-person visits.
• The court ordered Aunt to use reasonable efforts to allow Child contact with Sister, with three other half-siblings who are under the permanent guardianship of their grandparents, and with other extended family members.

Stay of Appeal and Sister’s Return

• Mother and Father each filed notices of appeal from the guardianship order and moved to stay the appeals until Sister’s permanency status was adjudicated.
• While the appeals were stayed, Sister was returned to Father’s custody.

Rule 60(b) Motion

• After the stay was lifted, Parents filed a joint motion to set aside Child’s guardianship order, arguing under rule 60(b)(5) that prospective application was no longer equitable because Sister had been returned to Father, and under rule 60(b)(6) that Father’s regaining custody of Sister was an extraordinary circumstance.
• The State asked the court to construe the motion as a petition for restoration of custody, which is barred while a permanent guardianship order exists under Utah Code § 78A-6-357(3)(d); the court declined to do so and analyzed the motion under rule 60(b).
• The court denied the motion, concluding that a permanent guardianship order does not have “prospective application” under rule 60(b)(5) and that the case did not present extraordinary circumstances; Parents filed amended notices of appeal.

Issues of the Case

• Civil Procedure — Post-Judgment Relief

  1. Rule 60(b)(5) / Prospective Application and Extraordinary Circumstances

  Claim on Appeal: Parents argued that a permanent guardianship order is analogous to a permanent injunction because it “permanently enjoins, in a sense, a parent from exercising . . . the right to parent their child,” that it limits the future parent-child relationship rather than remediating past wrongs, that continuing jurisdiction is not required for a judgment to be prospective, and that Sister’s return to Father was a change in the operative facts making continued enforcement inequitable.

  Holding: — Affirmed. A permanent guardianship order lacks “prospective application” because it does not require the court to supervise changing conduct or conditions that are provisional or tentative; alternatively, Sister’s return to Father was not an extraordinary circumstance warranting equitable relief.

  Statutory Authority: Utah R. Civ. P. 60(b)(5) (relief where it is no longer equitable that a judgment have prospective application); Utah Code § 78A-6-357(3)(d) (bars parents from seeking restoration of custody while a permanent guardianship order exists); Utah Code § 80-3-409 (permanency timeline set by the legislature).

  Standard of Review:

  Category: Correctness

  Specific Standard: “[W]e review the ‘application of our rules of civil procedure for correctness.’” In re G.C., 2025 UT App 182, ¶ 8 (quoting Sanders v. Sanders, 2021 UT App 122, ¶ 4, 502 P.3d 1230).

  Applies To: The juvenile court’s conclusion that a permanent guardianship order is not a judgment with “prospective application” under rule 60(b)(5), and the related determination that Sister’s return to Father was not an extraordinary circumstance.

  Controlling Cases:

  • Utah Res. Int’l, Inc. v. Mark Techs. Corp., 2014 UT 60, 342 P.3d 779 (a judgment operates prospectively if it requires the court to supervise changing conduct or conditions that are provisional or tentative; movant bears a high burden to show extraordinary circumstances)
  • In re A.F., 2007 UT 69, 167 P.3d 1070 (permanent guardianship effects a permanent change in the child’s status vis-à-vis the parent that is not subject to revision)
  • Sanders v. Sanders, 2021 UT App 122, 502 P.3d 1230 (standard of review for rule 60(b) rulings)

  Why It Matters: The opinion forecloses rule 60(b)(5) as a vehicle for unwinding a juvenile court permanent guardianship based on a parent’s post-order progress. The court tied its reading of the rule to the statutory bar on restoration petitions, reasoning that permitting such a motion would let parents circumvent the legislature’s intent. The alternative holding also establishes that a sibling’s reunification does not, standing alone, change the operative facts of another child’s permanency, because each child’s needs are individual.

• Civil Procedure — Post-Judgment Relief

  2. Rule 60(b)(6) / Residual Relief from Judgment

  Claim on Appeal: Parents argued that Father’s regaining custody of Sister was an extraordinary circumstance justifying relief from the guardianship order under rule 60(b)(6)’s catch-all provision.

  Holding: — Affirmed. Rule 60(b)(6) may not be invoked where the asserted grounds fall within another subsection, and Parents’ changed-circumstances argument was the same argument advanced under rule 60(b)(5); in any event, the circumstance was not extraordinary.

  Statutory Authority: Utah R. Civ. P. 60(b)(6) (relief from judgment for “any other reason that justifies relief”).

  Standard of Review:

  Category: Correctness

  Specific Standard: “[W]e review the ‘application of our rules of civil procedure for correctness.’” In re G.C., 2025 UT App 182, ¶ 8 (quoting Sanders v. Sanders, 2021 UT App 122, ¶ 4, 502 P.3d 1230).

  Applies To: The juvenile court’s determination that rule 60(b)(6) does not provide relief where the asserted grounds are the same changed-circumstance grounds governed by rule 60(b)(5).

  Controlling Cases:

  • Menzies v. Galetka, 2006 UT 81, 150 P.3d 480 (rule 60(b)(6) may not be relied upon if the asserted grounds fall within another subsection and is to be sparingly invoked in unusual and exceptional circumstances)
  • Utah Res. Int’l, Inc. v. Mark Techs. Corp., 2014 UT 60, 342 P.3d 779 (rule 60(b) does not permit relitigation of issues resolved by the judgment)

  Why It Matters: The holding closes the “back door” to rule 60(b)(5): a party whose changed-circumstance argument fails because the judgment lacks prospective application cannot repackage the same argument as an equitable plea under rule 60(b)(6). The court emphasized that nothing was inequitable about the guardianship order when entered. Footnote 3 also treats “extraordinary circumstances” and “exceptional circumstances” as interchangeable for rule 60(b) purposes.

• Juvenile Court — Permanent Guardianship

  3. Consolidation of Sibling Permanency Timelines / Plain Error and Ineffective Assistance of Counsel

  Claim on Appeal: Parents argued, without preservation, that the juvenile court plainly erred by not handling Child’s and Sister’s cases as a single case on the same permanency timeline, or alternatively that counsel was ineffective for failing to request consolidation.

  Holding: — Affirmed. Any error was not obvious because no authority supports consolidation, and counsel was not deficient because existing law suggested separate timelines and a consolidation request would likely have been futile.

  Statutory Authority: Utah Code § 80-3-409 (permanency timeline runs from the date the minor is initially removed from the minor’s home).

  Standard of Review:

  Category: Preservation

  Specific Standard: “To demonstrate plain error, an appellant must show that ‘(i) an error exists; (ii) the error should have been obvious to the trial court; and (iii) the error is harmful, i.e., absent the error, there is a reasonable likelihood of a more favorable outcome for the appellant.’” In re G.C., 2025 UT App 182, ¶ 9 (quoting State v. Holgate, 2000 UT 74, ¶ 13, 10 P.3d 346).

  Applies To: Parents’ unpreserved claim that the juvenile court should have consolidated Child’s and Sister’s permanency timelines, reviewed under the plain error and ineffective assistance exceptions.

  Controlling Cases:

  • State v. Holgate, 2000 UT 74, 10 P.3d 346 (elements of plain error)
  • State v. Maestas, 2012 UT 46 (error is obvious only if the governing law was clear when the error was made)
  • State v. Litherland, 2000 UT 76, 12 P.3d 92 (two-part test for ineffective assistance)
  • State v. Calata, 2022 UT App 127, 521 P.3d 920 (failure to raise an argument is deficient only if competent counsel would have fought that battle; counsel is not ineffective for a futile objection)
  • In re P.M., 2025 UT App 154 (availability of plain error review in child welfare cases remains unresolved)

  Why It Matters: Parents conceded that the child welfare statutes do not address how to handle a child born during a pending case, and that gap defeated both exceptions. Because § 80-3-409 keys the timeline to each child’s removal date, the opinion signals that separate timelines are the statutory default and that any change must come from the legislature or from a clearly presented, preserved request. The court again left open whether plain error review is available in child welfare appeals.

   

• Custody & Parent-Time — Parent-Time

  4. Parent-Time Award / Preservation

  Claim on Appeal: Parents challenged the parent-time award as unreasonable and the juvenile court’s findings as inadequate, contending that Father’s request for weekly in-person visits preserved the issue.

  Holding: — Affirmed (not reached). A request for a different amount of parent-time did not alert the court that Father considered the award unreasonable or the findings inadequate, and Parents argued no exception to preservation.

  Statutory Authority: None specified in opinion.

  Standard of Review:

  Category: Preservation

  Specific Standard: “[T]o preserve an issue for appeal, the issue must be presented to the trial court in such a way that the trial court has an opportunity to rule on that issue.” In re G.C., 2025 UT App 182, ¶ 9 n.2 (quoting In re K.F., 2009 UT 4, ¶ 62, 201 P.3d 985).

  Applies To: Whether Parents preserved their challenge to the reasonableness of the parent-time award and the adequacy of the juvenile court’s parent-time findings.

  Controlling Cases:

  • In re K.F., 2009 UT 4, 201 P.3d 985 (issue must be presented so the trial court has an opportunity to rule on it)
  • State v. Johnson, 2017 UT 76, 416 P.3d 443 (appellate courts will not typically reach an unpreserved issue absent a valid exception)

  Why It Matters: Advocating for a particular outcome is not the same as objecting to the outcome the court actually orders or to the sufficiency of its findings. Counsel who intend to challenge a parent-time award on appeal must raise that specific objection below or affirmatively invoke a preservation exception in the opening brief.

Rules of Evidence

Utah Codes

Rules of Civil Procedure

Utah Code of Judicial Administration

Utah Rules of Appellate Procedure

Utah Rules of Professional Conduct

Case Cited

Litigation and Appellate Strategy

Reversal Predictor

• A permanency or guardianship ruling that was legally defective at the time it was entered, challenged on direct appeal.
• A rule 60(b) motion grounded in mistake, newly discovered evidence, fraud, or voidness under subsections (1) through (4), rather than post-judgment changed circumstances.
• A specific, on-the-record objection to the reasonableness of parent-time or the adequacy of findings after the ruling is announced.
• Clear statutory text or binding precedent supporting the procedural step the trial court allegedly failed to take, which is necessary for the obviousness element of plain error.
• A record showing that counsel’s omitted request had a realistic prospect of success, so that it was not futile.

Mandatory Factor Checklist

The opinion does not announce a new statutory factor list. It does identify the elements that a movant must establish and that a court must address:

• Rule 60(b)(5): a judgment with prospective application, meaning one requiring supervision of changing or provisional conduct or conditions; a highly significant change in law or operative facts; and extraordinary circumstances making continued enforcement inequitable.
• Rule 60(b)(6): grounds that do not fall within any other subsection of rule 60(b), and extraordinary circumstances.
• Utah Code § 78A-6-357(3)(d): no petition for restoration of custody while a permanent guardianship order exists.
• Utah Code § 80-3-409: each child’s permanency timeline runs from that child’s initial removal date.
• Plain error: an error, obviousness under law clear at the time, and harm.
• Ineffective assistance: objectively deficient performance and resulting prejudice.

Signal Cluster (High-Risk Appeal Profile)

Appellate viability increases when several of the following converge: the claimed error existed when the order was entered; the objection was specifically raised and ruled upon below; the argument rests on clear statutory text or controlling precedent; the record demonstrates prejudice to the outcome; and the post-judgment motion is brought under the rule 60(b) subsection that actually fits the grounds. In re G.C. presented the opposite profile: a post-judgment change in facts, unpreserved issues, and an argument the parties conceded had no direct statutory support.

Strategy Insight

Parents framed their challenge as an appeal to equity based on changed circumstances, which the court treated as an attempt to relitigate a fully adjudicated best-interest determination. Challenges to permanent guardianship orders should be framed as legal error in the order as entered and pursued on direct appeal with preserved objections. Evidentiary improvement developed after the order, even if compelling, is not a basis for relief under this framework.

Sibling Permanency Timelines (Afterborn Children)

The court acknowledged Parents’ concession that the child welfare statutes do not address a child born during a pending case, and it declined to fill that gap judicially. Because each child’s timeline runs from that child’s removal, siblings may reach very different outcomes, and the court emphasized that each child’s permanency needs are individual. Any change to this result is likely a matter for the legislature.

Preservation of Parent-Time Challenges

A party’s request for more parent-time does not preserve a challenge to the reasonableness of the time awarded or to the sufficiency of the findings. The objection must be presented in a way that gives the trial court an opportunity to rule on that specific complaint.

Open Question: Plain Error in Child Welfare Appeals

Following In re P.M., 2025 UT App 154, the court again assumed without deciding that plain error review may be available in child welfare cases. Practitioners should continue to brief both plain error and ineffective assistance as alternative exceptions until the question is resolved.

Teaching Value

The opinion is a concise illustration of how rule 60(b) subsections interact: rule 60(b)(5) is limited to judgments with prospective application, and rule 60(b)(6) cannot serve as a fallback for grounds that belong under another subsection. Footnote 3 also confirms that “extraordinary circumstances” and “exceptional circumstances” are used interchangeably in this context.

Insights

Utah-Only Jurisprudence

The opinion relies exclusively on Utah authority: the Utah Rules of Civil Procedure, the Utah Code, and decisions of the Utah Supreme Court and the Utah Court of Appeals. No federal or out-of-state authority is cited, and the court resolves the rule 60(b)(5) question by applying the Utah Supreme Court’s existing definition of prospective application to the juvenile code’s permanent guardianship scheme.

Doctrinal Anchors (Utah Supreme Court)

• Utah Res. Int’l, Inc. v. Mark Techs. Corp., 2014 UT 60, 342 P.3d 779. Defined a judgment with prospective application as one requiring the court to supervise changing conduct or provisional conditions, and placed a high extraordinary-circumstances burden on rule 60(b)(5) movants. It supplies the framework for Issues 1 and 2.
• In re A.F., 2007 UT 69, 167 P.3d 1070. Recognized that permanent guardianship effects a permanent change in the child’s status that is not subject to revision. It supports the characterization of the order as non-prospective.
• Menzies v. Galetka, 2006 UT 81, 150 P.3d 480. Held that rule 60(b)(6) is unavailable when the grounds fall within another subsection. It defeats the attempt to repackage the rule 60(b)(5) argument.
• In re K.F., 2009 UT 4, 201 P.3d 985; State v. Johnson, 2017 UT 76, 416 P.3d 443. Established the preservation requirement and its exceptions. They bar review of the parent-time challenge.
• State v. Holgate, 2000 UT 74, 10 P.3d 346; State v. Maestas, 2012 UT 46. Set the plain error elements and the requirement that the governing law be clear. They defeat the consolidation argument.
• State v. Litherland, 2000 UT 76, 12 P.3d 92. Set the ineffective assistance test. It frames the deficient-performance analysis on consolidation.

The Most Important Holding

A juvenile court order of permanent guardianship does not have “prospective application” under rule 60(b)(5), because it effects a permanent change in the child’s status and does not require the court to supervise provisional or tentative conditions. Paired with the holding that rule 60(b)(6) cannot be used to advance the same changed-circumstance argument, the opinion effectively closes rule 60(b) as a route for parents to undo a permanent guardianship based on improvement after the order is entered. The court grounded this result in the legislature’s express bar on restoration petitions under Utah Code § 78A-6-357(3)(d).

Reversal Based on Legal Error vs. Factual Error

The court affirmed in full. Reversal would have required a different showing: a legal defect in the guardianship order at the time of entry raised on direct appeal, a ground under rule 60(b)(1) through (4) (such as mistake, fraud, or voidness) rather than post-judgment change, a preserved and record-supported challenge to the parent-time award or the adequacy of its findings, or clear statutory or precedential authority requiring sibling cases to share a permanency timeline. A post-order change in a parent’s circumstances, however significant, does not present legal error in the original order.

Practitioner Takeaways

• Trial Lawyers (Parents’ Counsel): Treat the older child’s permanency hearing as the decisive event, because progress demonstrated later in a sibling’s case will not reopen a permanent guardianship. When an afterborn sibling enters care, raise any request to coordinate timelines early and on the record. After the court rules on parent-time, object specifically to the reasonableness of the award and the adequacy of the findings rather than relying on the request made before the ruling.
• Trial Lawyers (State and Guardians ad Litem): In re G.C. supplies direct authority to oppose rule 60(b)(5) and 60(b)(6) motions directed at permanent guardianship orders, whether or not the court treats the motion as a barred restoration petition.
• Appellate Lawyers: Identify and argue a preservation exception expressly in the opening brief; the parent-time issue failed in part because no exception was invoked. Plain error availability in child welfare appeals remains an open question, and ineffective assistance claims premised on novel arguments face a steep deficient-performance burden. A stay of the direct appeal pending a sibling’s case does not expand the grounds for relief from the older child’s order.
• Kinship Guardians: The ordered parent-time operates as a minimum, and the guardian’s obligation to use reasonable efforts to facilitate sibling and extended-family contact is a continuing duty under the order.