In the Interest of J.B. (J.M.B. v State)

J.M.B. appealed termination of her guardianship over J.B. The Court affirmed. It held it had jurisdiction over the case as J.M.B. was collaterally attacking the adoption of J.B. by making an argument clearly incompatible with the adoption, was not statutorily barred from making the attack, the appeal was done within the one year deadline in Utah code 78B-6-133(7) and this kind of appellate attack on the adoption is allowed under Court precedent. It rejected J.M.B.’s jurisdictional challenge to the juvenile court order as that court had concurrent jurisdiction over J.B. under Utah Code 78A-6-104(4) once a credible allegation of neglect was made and could thus modify or terminate the earlier district court guardianship order. It rejected J.M.B.’s right to counsel argument as she affirmatively waived this right by declaring three times she wanted to proceed pro se and she did not attack that factual finding on appeal. It finally held all of J.M.B.’s other arguments were unpreserved.