In re C.G. (D.G. v. State)

2014 UT App 24
_________________________________________________________
THE UTAH COURT OF APPEALS
STATE OF UTAH, IN THE INTEREST OF C.G., A
PERSON UNDER EIGHTEEN YEARS OF AGE.
D.G.,
Appellant,
v.
STATE OF UTAH,
Appellee.
Per Curiam Decision
No. 20130968-CA
Filed January 30, 2014
Second District Juvenile Court, Ogden Department
The Honorable Jeffrey J. Noland
No. 1069324
Jason B. Richards, Attorney for Appellant
Sean D. Reyes and John M. Peterson, Attorneys
for Appellee
Martha Pierce, Guardian ad Litem
Before JUDGES STEPHEN L. ROTH, MICHELE M. CHRISTIANSEN, AND
JOHN A. PEARCE.
PER CURIAM:
¶1 D.G. (Father) appeals the October 2, 2013 order terminating
his parental rights after he voluntarily relinquished his parental
rights in open court. We affirm.
¶2 When a parent voluntarily relinquishes his or her parental
rights under Utah Code section 78A-6-514, the relinquishment is
effective immediately upon signing, and the relinquishment is

In re C.G.
20130968-CA 2 2014 UT App 24
irrevocable. See Utah Code Ann. § 78A-6-514(4) (LexisNexis 2012).
The court accepting the relinquishment must certify to the best of
its information and belief that the parent executing the
relinquishment has read and understood the relinquishment and
has signed it freely and voluntarily. See id. § 78A-6-514(3). The
requirements and processes described in sections 78A-6-503
through 78A-6-510 do not apply to the voluntary relinquishment
of parental rights, and the juvenile court need only find that the
relinquishment is in the child’s best interest. See id. § 78A-6-514(5).
The juvenile court’s determination that a parent voluntarily
relinquished his or her parental rights will not be overturned
unless the decision was clearly erroneous, meaning that the
decision was against the clear weight of the evidence. See In re A.G.,
2001 UT App 87, ¶ 4, 27 P.3d 562.
¶3 The record demonstrates that Father affirmed, in open court,
that he desired to voluntarily relinquish his parental rights. Father
testified that he had discussed the matter with counsel and that he
understood that by signing the relinquishment, he would be
relieved of all parental duties, obligations, rights, and
responsibilities to C.G. Father confirmed that his decision to
relinquish his parental rights was made both freely and voluntarily.
Father also acknowledged that he understood that once he signed
the relinquishment, he could not change his mind, and that the
relinquishment of his parental rights was immediate and
irrevocable.
¶4 As required by section 78A-6-514(5), the juvenile court
found that the voluntary relinquishment was in C.G.’s best interest.
See Utah Code Ann. § 78A-6-514(5). The record demonstrates that
Father conceded that relinquishing his parental rights was in C.G.’s
best interest. The juvenile court’s determination that Father
voluntarily relinquished his parental rights is supported by the
clear weight of the evidence.
¶5 Accordingly, the juvenile court’s order is affirmed.