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STATE EX REL. C.L.

No. 20060441.

166 P.3d 608 (2007)

2007 UT 51

STATE of Utah in the interest of C.L., D.S., and R.S., persons under eighteen years of age. Office of the Guardian ad Litem, Petitioner, v. A.M.K., Respondent.

Supreme Court of Utah.

July 10, 2007.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Carol L.C. Verdoia, John M. Peterson, Asst. Att'ys Gen., Salt Lake City, for the State.

Martha Pierce, Brent J. Newton, Salt Lake City, for petitioner.

Lisa B. Lokken, Salt Lake City, for respondent.

On Certiorari to the Utah Court of Appeals

PARRISH, Justice:

INTRODUCTION

¶ 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...

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