Office of the Guardian ad Litem v. A.M.K.

On Certiorari to the Utah Court of Appeals

PARRISH, Justice:

INTRODUCTION

1 1 A.M.K.'s parental rights were terminated by the juvenile court. Thereafter, A.M.K. sought a new termination hearing, arguing that the failure of a planned adoption of two of her children constituted newly discovered evidence. We hold that the failed adoption does not qualify as newly discovered evidence because it is not evidence of facts in existence at the time of trial.

BACKGROUND

1 2 A.M.K. is the biological mother of three minor children, C.L., D.S., and R.S. In December 2003, the Divigion of Child and Family…