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OPINION
T1 KF. (Father) appeals the juvenile court order terminating his parental rights to his children, S.F. and C.F. (the Children). Father argues that in failing to comply with the Juvenile Court Act of 19986 after the Children were returned to the Division of Child and Family Services' (DCFS) custody for the second time, the juvenile court exceeded its jurisdiction and violated his due process rights. See Utah Code Ann. §§ TSA-6-101 to-1210 (2008).
BACKGROUND
T2 Father and H.F. (Mother), who is now deceased,
Pursuant to Utah Code Ann. § [78A-6-105(25)(a) (2008) ], the [CJhildren ... are neglected in that [they] have been subjected to mistreatment ...; the [CJhildren lack proper parental care by reason of the fault or habits of [MJother and [Father]; [MJother and [Father] fail or refuse to provide the necessary or proper subsistence, education, medical care, or any other care necessary for the health, safety and well being of the [CJhildren; and the [Clhildren are at risk of being abused and/or neglected because another minor in the home has been abused and/or neglected.[ 5]
13 The court entered a dispositional order on November 1, 2007, ordering DCFS to provide reunification services to Father and Mother for twelve months as to S.F. and eight months as to C.F. The court also approved a service plan, which required Father and Mother to submit to psychological and parental fitness evaluations, participate in family therapy and parenting classes, regularly visit with the Children, maintain stable and appropriate housing, and maintain a legitimate means for providing for the Children. At the first permanency hearing on April 1, 2008, the court determined that the permanency goal for the Children would be reunification with Father. At several subsequent permanency hearings, the court renewed this permanency goal for Father.
I. August 12, 2008 Permanency Hearing
{4 At the August 12, 2008 permanency hearing, the juvenile court returned custody and guardianship of the Children to Father. The court found that Father, "substantially complied with the treatment plan, reunification of the [CJhildren [with Father] is probable, and extension of services is in the best interest of the [Children." The court further found, "[I)t is safe [and] appropriate to return [the Clhildren to ... Father.... Father has substantially complied with the service plan goals." The court modified its order for custody and guardianship from DCFS to Father, specifically stating, "Custody and guardianship of [the Children] is restored to ... Father, ... subject to protective supervision by DCFS, effective Friday, Auglust] 15, 2008, no later than midnight." Additionally, the court stated,
Dad, I am returning physical and legal custody to you today by court order. The responsibility that you have to the [cJourt and to the kids remains in place to keep them safe, and to continue to work with the agency on ... an in-home plan, because they'll be at home rather than out of home.
The court ordered DCFS to create a new service plan and scheduled a review hearing on November 7, 2008. The court also emphasized, "[What we'll be looking for when next we're in court is [to] see how you're doing with the kids at home [and] to answer any questions that there might be under the new service plan...." At the end of the hearing, the court added, "[On] November 7th we'll be back in court to check on everybody's progress, see how the school year is going, see how daycare is going, visitation and the like." On September 25, 2008, Father agreed to a service plan that included ensuring that Mother would have only an-thorized contact with the Children and would not enter the family home.
T5 Just one month after Father entered into the service plan on October 27, 2008, law enforcement officers responded to two separate incidents of domestic violence involving both parents at Father's home. On November 3, 2008, the juvenile court held a hearing on DCFS's October 30, 2008 Motion for Expedited Placement in Temporary Custody and Verified Petition for Expedited Custody. After receiving the responding officers' testimonies, the court found that Father's
confrontation of [MJother was an inappropriate response. Given the history, [Fla-ther should have backed out of the home and called the police immediately and sought redress in that manner. Father should have kept the [CJhildren completely protected, and his actions are not consistent with the protection of these [CJhil-dren.
1 6 As to the incident that occurred later on October 27, the court found that Father
told law enforcement that he had observed [MJother damaging his car and he confronted her. [Flather again chose to confront [MJother about the damage to the car, subjecting the [Children to exposure to further harmful violent behavior on the part of the parents. The [CJhildren were in the home during this incident. There was yelling between the parents.
17 On a state-provided shelter order form entitled "Custody Hearing Findings and Order," the court concluded, "[Father's] ... actions, omissions, or habitual action create an environment that poses a threat to the child's health or safety...." See Utah Code Ann. § 78A~-6-802(1)(a) (2008). The court therefore ordered that removal was necessary and that it was in the Children's best interests "to be placed in the temporary legal custody of [DCFS] for continued care and placement pending the adjudication hearing."
T8 Father stipulated to the removal of the Children and stipulated to the majority of the facts DCFS presented in its Verified Petition for Expedited Custody and at the hearing. But Father contested the State's new factual allegations that relied on Mother's credibility, and he argued at the hearing that the court should not base any of its findings on Mother's version of the October 27 events. The court recognized that while "Inlot every allegation in the petition has been addressed{[ ] as an evidentiary matter," "the parents' conduct continue[d] to place the [CJhildren in danger" and, thus, it was appropriate to remove them from Father's custody. As to "[the rest of the factual allegations in the petition, the [cJourt ... refer[red the parents] to mediation and second pretrial [hearing]," which the court scheduled on December 2, 2008.
T9 At the December 2, 2008 pretrial hearing, the court denied Father's request for oral argument on whether reunification could be extended because Father had not yet filed the required motion. But the court scheduled a hearing on December 8, 2008, in anticipation of Father's filing of a written motion for reunification services. Additionally, the court scheduled a trial on the State's Petition for Termination of Parental Rights, which the State had filed at the pretrial hearing. At the December 2 hearing, Father's counsel confirmed, "[Mly understanding is ... that we [alre going to have an opportunity to try to argue for reunification services prior to going forward with the [termination of parental rights]."
III. December 8, 2008 Hearing
{10 In Father's Motion for Reunification Services and at the December 8, 2008 hearing, Father argued that reunification services were justified because, among other reasons, he recognized that he needed to place the Children's welfare and safety first and to obey the court's no-contact order with Moth
1 11 The court inquired of Father whether he had taken any measures to dissolve his marriage, and Father's counsel responded that he did not believe anything had been filed. The court also questioned Father about his admitted shortcomings, and Father's counsel responded that one of Father's shortcomings was the October 27 domestic violence incident that occurred in front of S.F.
1 12 The court also inquired of Father and the State how many times it had previously adjudicated the Children as neglected. Father's counsel replied that it was at least onee. The State responded that the court had adjudicated the Children as neglected by Father after they were removed in August 2007 and again after they were returned to DCFS's custody in November 2008. The State contended that no further adjudication was needed because the court had made factual findings that the majority of the State's allegations in its Verified Petition for Expedited Custody were supported by clear and convincing evidence.
113 Although acknowledging the Children's bond with Father, the court denied reunification services pursuant to Utah Code section T78A-6-312. See Utah Code Ann. § TRA-6-3128)(d)()(K) (2008) (stating that there is a presumption that reunification services should be denied if the court finds, by clear and convincing evidence, any cireum-stance it "determines should preclude reunification efforts or services"); id. § T8A~6-312(4)(a), (c)-(e) (stating that in determining the appropriateness of reunification services, the court shall consider, inter alia, "failure of the parent to respond to previous services or comply with a previous child and family plan," "any history of violent behavior directed at the child or an immediate family member," "whether a parent continues to live with an individual who abused the minor," and "any patterns of the parent's behavior that have exposed the minor to repeated abuse"). During the hearing, the court acknowledged, "[Flather does have difficult choices to ... mafkle. However, his primary and only and principal concern with respect to this [clourt's order on reunification is [Flja-ther's responsibility to put the [CJhildren first at all times.... [That message has been delivered on multiple occasions to [Fja-ther, and unequivocally delivered." The court continued,
The bottom line is that the parents have a volatile relationship. The parents have behaved aggressively with one another and in the presence of the [CJhildren on more than one occasion. The parents remain married. The parents are apparently committed to that union. That union, by definition, puts the [CJhildren at risk.
[Flather, it appears to the [clourt, is either unwilling or unable to give up that*836 relationship, ... nor does he indicate today that he intends to.
In addition, it is clear that [Flather is either unwilling or unable to put the [CJhil-dren first. These [CJhildren are so young. They deserve permanency in a safe and appropriate family. The law allows, in fact requires, that this [clourt make every effort to [e}nsure that they grow up in a safe and appropriate home.
14 In denying further reunification services to Father, the court also considered that DCFS had already provided reunifica tion services for one year, which included evaluations, individual and family counseling for Father and the Children, parenting classes, and visitation services for Father and the Children. Additionally, the court considered that the family had received protective supervision services between August and October 2008. The court concluded, "There are no additional services that can be pulled out of the hat at this point in time to address the concerns that remain rather static and rather constant across all the months that this [clourt has had jurisdiction." At the end of the hearing, Father declined a pretrial hearing and mediation and stated that he instead "just wantled] to go straight to trial."
IV. January 8, 2009 Order To Lift the No-Contact Order
[ 15 On December 22, 2008, Father moved the court to lift or modify the no-contact order between him and Mother, arguing that "he [would] be disadvantaged at trial if he [could] not work with [MJother ... to improve their marital relationship generally, to attend couples counseling and other therapeutic settings, and attend church services together." In recognition that this case was proceeding to the termination stage, Father also asserted that he was prepared to offer evidence at trial from his LDS bishop and an LDS Social Services therapist "to demonstrate the need to preserve the family relationship and to not terminate parental rights." Neither the guardian ad litem (GAL) nor the State opposed Father's motion to lift the no-contact order. As a result, the court lifted its no-contact order on January 8, 2009.
V. Termination Trial
116 The case proceeded to a three-day trial on the termination of Father's and Mother's parental rights, which began February 3, 2009, and concluded March 8. At the close of the State's evidence, Father and Mother jointly moved the juvenile court for a directed verdict, arguing that the State had failed to meet its burden of showing that termination was in the Children's best interests. The court denied the motion and ultimately terminated Father's parental rights. The court found,
[FJather failled] to recognize [MJother's mental health issues and how these issues have negatively affected the [Children or his relationship with [MJother. [Flather testified that [MJother's mental health issues do not affect their relationship and further testified that [MJother has no mental health issues as of the date of trial. [Flather clearly has chosen to stay with {MJjother and continue their relationship even though this [cJourt found that [MJother had failed to substantially comply with the DCFS service plan at [her] permanency trial in June 2008 and is still not in substantial compliance.
1 17 Additionally, the court found,
[FJrom the Spring of 2008 through the Autumn of 2008, there have been approximately eight ... separate domestic violence incidents between the parents which have required police involvement. The [CJhildren have been present for some of these incidents and were aware of other incidents. The [cJourt finds these domestic violence incidents severe in nature.... The parents fail to recognize the negative impact that these domestic violence incidents have on the [CJhildren or the risk to these [CJhildren as a result.
118 With regard to the return of custody to Father and subsequent domestic violence incidents, the court found,
In August 2008, the [clourt made it very clear that there would be no contact between [MJother and the [Clhildren and [Flather understood he had the duty to protect and enforce the [cJourt's order.*837 [Flather committed to the [clourt that he would place the [CJhildren first; however, that commitment was extremely short lived. [F lather failed to protect and willfully violated this [clourt's order a mere 12 weeks later. [Flather willfully imposed his ideas over what, in fact, was safe for the [CJhildren and over the specific needs of the [CJhildren to be protected.
1 19 The court also found that the parents had violated the court's November 3, 2008 no-contact order.
[Immediately after [the November 3] hearing, the parents had contact and in fact, another domestic violence incident ensued. [MJother either jumped out of the car or was pushed by [FJather, although law enforcement indicated after looking at the car, it would have been difficult for [Flather to accomplish this. Again, the parents willfully chose to violate this [clourt's order. Again, [MJother chose to engage in this type of behavior and [Fla-ther chose to confront or deal with [MJother, rather than walking away from the car and seeking assistance from the police station, which was within walking distance. [Flather testified that he felt there was no danger so he attempted to drive [with Mother in the carl to the police station, even though there had been [two] domestic violence incidents less than one week previous.
120 The court based its termination of Father's parental rights on the following grounds: first, Father neglected the Children, see Utah Code Ann. § 78A-6-507(1)(b) (2008); second, Father was an unfit or incompetent parent, see id. § 78A-6-507(1)(c); third, the Children were being cared for in an out-of-home placement and Father "substantially neglected, willfully refused, or [was] unable or unwilling to remedy the circumstances that cause[d] the [Clhildren to be in an out-of-home placement, and there [was] a substantial likelihood that [he would] not be capable of exercising proper and effective parental care in the near future," see id. § 78A-6-507(1)(d); and fourth, Father failed to make parental adjustments, see id. § T8A-6-507(1)(e). The court also considered that Father was unfit and had "neglected his [CJhildren due to [the parents'] history of violent behavior throughout the pendency of this case." See gemerally id. § T8A-6-508(2)(f). Finally, the court concluded it was in the Children's best interests that Father's parental rights be terminated. See id. § 78A-6-508(2).
VI Father's Rule 59 Motion and the Juvenile Court's Amendment of Prior Orders
{21 On June 5, 2009, Father moved the juvenile court to order a new trial or to amend the order terminating his parental rights under rule 59 of the Utah Rules of Civil Procedure (rule 59 motion). See Utah R. Civ. P. 59(a)(1) (providing for a new trial where the court proceedings were irregular); id. R. 59(a)(7) (providing for a new trial where the court committed a legal error). Father argued that he was entitled to a new permanency hearing after the State "removed" the Children for a second time in November 2008. He asserted that the December 8 hearing on his motion for reunification services was solely a dispositional hearing, and not a concurrent, statutorily-mandated permanency hearing, because the permanency hearing must be held within thirty days after the dispositional hearing if reunification services are not ordered. See Utah Code Ann. § 78A-6-814(1)(b). In addition, Father argued, the State filed its Petition for Termination of Parental Rights six days before the purported permanency hearing when, by statute, such a petition must be filed within forty-five days after the permanency hearing. See id. § 78A-6-814(5). Even though Father conceded that it is statutorily permissible for "the court [to] consolidate the hearing on termination of parental rights with the permanency hearing" when a termination petition is filed prior to the permanency hearing, see id. § 78A-6-314(8)(a), he argued that the court did not consolidate the permanency hearing with the termination trial, Father concluded that the court's failure to hold a permanency hearing as required by the statute violated his right to due process.
122 After Father filed his rule 59 motion, the court amended two of its previous orders.
[OIn December 8, 2008 at the disposition/permanency hearing, this [clourt found that reunification services were not appropriate to [Flather. Specifically, this [clourt found that the static and constant issue in this case has been the volatile relationship between the parents. They have behaved aggressively with one another and in front of the [CJhildren. They remain married and that union places the [Clhildren at risk. [Flather is unable or unwilling to give up that relationship nor does he intend to as of today's hearing. [Flather is not able or not willing to put the [Clhildren and their needs first, The [Clhildren need permanency and a safe and appropriate environment. The appropriate goal at this time is adoption. The matter was set for trial on the State's Petition to Terminate Parental Rights.
123 The court denied the portion of Father's rule 59 motion that was grounded on rule 59(a)(1) because Father failed to file an affidavit, as required by the rule. See Utah R. Civ. P. 59(c) ("When the application for a new trial is made under Subdivision (a)(1) . it shall be supported by affidavit."). After considering whether it had committed an error of law, the court concluded that, even though the resulting May 27, 2009 Order was termed "Order on Reunification," the December 8 hearing was, in effect, both a disposi-tional and a permanency hearing. The court determined that its original Order on Reunification addressed permanency issues, such as its conclusions that "the [CJhildren cannot safely return to the parents' custody," and that "adoption is the most appropriate goal." Additionally, the court pointed out that in Father's Motion for Reunification Services and at the December 8 hearing, he raised many of the facts he claims he was not afforded the opportunity to present due to the court's failure to hold a permanency hearing-for instance, his positive actions in securing housing and exercising safe and proper visitation. The court also determined that Father had presented his argument that it was in the Children's best interests for the court to order reunification services and to not terminate his parental rights.
ISSUES AND STANDARDS OF REVIEW
Father appeals the juvenile court's orders terminating reunification services, denying his directed verdict motion, terminating his parental rights, and denying his rule 59 motion. Father's central argument on appeal is that, in failing to hold statutorily mandated child welfare proceedings, the juvenile court exceeded its subject matter jurisdiction and violated his due process rights. Much of Father's due process argument relies on his contention that the Children's return to DCFS's custody in November 2008 required the juvenile court to adjudicate the Children again in order to obtain jurisdiction over the Children. "Whether a parent has been afforded adequate due process is a question of law, reviewed for correctness." In re A.H., 2004 UT App 39, ¶ 8, 86 P.3d 745 (internal quotation marks omitted). In addition to resolving the issue of the adequacy of the process provided to Father, we must determine whether the juvenile court had subject matter jurisdiction, which we also review for correctness. See In re K.F., 2009 UT 4, ¶ 18, 201 P.3d 985. Likewise, any interpretation of the Juvenile Court Act is a question of law, reviewed for correctness. See In re J.H., 2006 UT App 205, ¶ 5, 138 P.3d 70.
Father also argues that there was insufficient evidence to support terminating his parental rights. "Whether a parent's rights should be terminated presents a mixed question of law and fact." In re B.R., 2007 UT 82, 112, 171 P.3d 485. Termination decisions "rely heavily on the juvenile court's
ANALYSIS
I. This Court Has Jurisdiction To Consider Father's Appeal
126 As a preliminary matter, we address the GAL's contention that this court does not have jurisdiction to hear Father's appeal concerning any issue other than the sufficiency of the evidence issue arising from the termination trial The Utah Rules of Appellate Procedure allow a party to "appeal from all final orders and judgments." Utah R.App. P. 3(a). Our supreme court has explained that, "[iln the child welfare arena," "(tlhe question of whether an order is final and appealable is determined by the 'substance and effect' of the order" and "the determining factor in deciding if an order is final and appealable is whether it effects a change in the permanent status of the child." In re A.F., 2007 UT 69, 13, 167 P.3d 1070. The GAL asserts that we lack jurisdiction to review the juvenile court's decisions made after the Children were returned to DCFS's custody in November 2008 because Father did not appeal from any of those decisions and has thus waived his right to seek review of those decisions. We disagree.
127 In child welfare proceedings such as these, a final order "is one that ends the current juvenile proceedings, leaving no question open for further judicial action." In re M.W., 2000 UT 79, ¶ 25, 12 P.3d 80 (internal quotation marks omitted). But here, none of the court's interim determinations or its alleged failure to hold required proceedings that Father claims violated his due process rights resulted in the issuance of any final, appealable orders. From the point that the court restored custody of the Children to DCFS in November 2008 until it terminated Father's parental rights, the juvenile court made only interim determinations regarding the Children. Specifically, as we explain in greater detail below, the November 3 hearing was not adjudicatory. See In re S.A.K., 2008 UT App 87, 118, 67 P.3d 1087 (explaining that an adjudication order is one example of a final, appealable order in a juvenile proceeding). Likewise, the court's determination on December 8 denying Father continued reunification services did not result in the entry of a final permanency order. See In re A.F., 2007 UT 69, 116-7, 167 P.3d 1070 (discussing instances when a permanency hearing results in a final order and concluding that "[the order terminating reunification services and changing the per-maneney goal left the Child's status unchanged and unresolved and therefore was not a final determination of the Mother's rights or the Child's status").
128 Moreover, under the unique cireum-stances of this case, the juvenile court's termination of Father's parental rights is the only final order following the Children's return to DCFS's custody from which Father could appeal. Because the rulings resulting from the November 3 and December 8 hearings were not final, appealable orders, Father was not required to appeal them under rule 3 of the Utah Rules of Appellate Procedure, see Utah R.App. P. 3(a), and the fact that he could have elected to petition for interlocutory appeal, see id. R. 5, does not eliminate our authority to review those decisions once the neglect and termination proceedings were completed and an appeal timely filed. Contrary to the GAL's contention, Father's failure to petition for interlocutory appeal does not limit either his ability to later appeal these issues or our jurisdiction to consider these issues. See State v. Troyer, 866 P.2d 528, 580 (Utah 19983) ("In no other instance, in either civil or criminal appellate procedure, is the scope of appellate review from a final judgment in any way affected or limited because of the possibility that any one or more of the trial court's rulings might have formed the basis of a petition for an interlocutory appeal. In other words, the seope of a statutory appeal of right at the end of the case should not be affected or
II The Juvenile Court Had Continuing Jurisdiction and Father's Due Process Rights Were Not Violated
T29 Father complains that in failing to strictly comply with the statutory process set forth in the Juvenile Court Act, the juvenile court exceeded its subject matter jurisdiction and violated his due process rights. Utah law clearly establishes that parents have a fundamental liberty interest in their children, protected under the due process clause. See Utah Code Ann. § 62A-4a-201(1)(a) (2006) ("Under both the United States Constitution and the constitution of this state, a parent possesses a fundamental liberty interest in the care, custody, and management of the parent's children."); In re A.H., 2004 UT App 39, 110, 86 P.3d 745 (It is widely recognized that [a] parent has a fundamental right, protected by the Constitution, to sustain his relationship with his child." (alteration in original) (internal quotation marks omitted)). "Thus, parties to a judicial proceeding are entitled to notice that a particular issue is being considered by a court and must be given an opportunity to present evidence and argument on that issue before decision." In re A.H., 2004 UT App 39, 111, 86 P.3d 745 (internal quotation marks omitted). And "[Jludicial and administrative proceedings following the State's removal of children from their home are no exception to this fundamental principle." Id. 112.
1 30 We determine that, although the juvenile court could have more clearly articulated for the parties where they were in the proceedings, the court properly followed the statutory child welfare proceedings after the Children were returned to DCFS's custody for the second time and provided Father with sufficient notice of the issues and the appropriate opportunity to argue that his parental rights should not be terminated. Thus, we cannot say that the juvenile court exceeded its subject matter jurisdiction or violated Father's due process rights.
A. The Juvenile Court Did Not Surrender Its Subject Matter Jurisdiction When It Restored Legal Custody to Father in August 2008.
{31 The parties do not dispute that the juvenile court's exclusive, original subject matter jurisdiction in this case began with the October 9, 2007 adjudication, at which the parents stipulated to the court's findings supporting its conclusion that the Children were neglected. See generally Utah Code Ann. § 78A-6-103(1)(c) (2008) ("[The juvenile court has exclusive original jurisdiction in proceedings concerning ... a child who is an abused child, neglected child, or dependent child...."). Father argues that the juvenile court exceeded its jurisdiction after it failed to adjudicate the Children again when they were returned to DCFS's custody in November 2008. We address Father's contention in the next section, infra 11 37-53. Before we reach this issue, however, we must determine whether the juvenile court retained jurisdiction after the August 2008 permanency hearing when it returned custody of the Children to Father, or whether returning custody to Father terminated the court's jurisdiction over the Children.
T 32 Father argues, and we agree, that the court intended to return permanent, legal custody to him and not to merely provide a trial home placement in August 2008. Cf Utah Code Ann. § 78A-6-507(1)(h) (allowing the court to terminate parental rights following a trial home placement, ie., "a period of trial during which the child was returned to live in the child's own home"). The State and GAL also agree with Father that the court restored legal custody to Father in August 2008, but they assert that the court did not terminate its jurisdiction by making a final custody determination regarding the Children because the order was conditioned on Father keeping the Children safe and away from Mother.
133 We conclude that although the court returned legal custody to Father in August 2008, the court retained subject matter jurisdiction and its dispositional authority over the Children. Returning custody of the Children to Father did not amend the legal status of the Children as neglected. Importantly, onee a child has been adjudicated as neglected, the juvenile court has continuing jurisdiction over the child until he or she turns twenty-one, unless it terminates its jurisdiction by "order of the court." See id. § 78A-6-120(1), (2)(a)G). In fact, a juvenile court's jurisdiction often continues in spite of its entry of a final and appealable order. See In re S.M., 2007 UT 21, ¶ 18, 154 P.3d 835 ("Because considerations regarding a child's welfare are rarely, if ever, static and because the child's environment is constantly evolving, the juvenile court frequently retains jurisdiction over cases after some of the issues have been finally resolved." (internal quotation marks omitted)). As our supreme court has observed, "[The court is under a statutory mandate to retain jurisdiction over a child who is the subject of ... neglect." In re M.W., 2000 UT 79, 126 n. 9, 12 P.3d 80.
134 Thus, as long as the juvenile court does not dismiss the case or terminate jurisdiction, the court retains dispositional authority over the Children because there has been an initial legal determination that those Children are abused, neglected, or dependent. See Utah Code Ann. § 78A-6-108(1)(c). In contrast, where the juvenile court makes a ruling incompatible with a continuation of its authority, the court's jurisdiction ends. For example, in In re B.B., 2002 UT App 82, 45 P.3d 527, aff'd, 2004 UT 39, 94 P.3d 252, the adoptive parents argued that the juvenile court lacked jurisdiction to enforce a prea-doption order allowing certain visitation to the biological grandparents that was not ordered in the adoption decree. See id. TV 1-2, 5. This court determined that onee the juvenile court granted the adoption petition, it lost its jurisdiction to enforce the preadoption order because the adoption itself permanently altered the child's status. See id. TT 15-16. "[TJhe original basis for jurisdiction over [the child} ceased to exist because [the child] was no longer an abused or neglected child and permanency had been achieved." Id. € 12.
1 35 Despite returning the Children to Father's legal custody at the August 2008 permanency hearing, the court continued its authority and jurisdiction over the Children, and the Children's return to Father's legal custody did not alter their status as neglected. This is clear from the court's order, which anticipated continued protective supervision services by DCFS. As part of those continued services and consistent with the court's statements at the hearing, Father entered into a service plan on or about September 25, 2008. This new plan included responsibilities for Father such as ensuring that Mother have only authorized contact with the Children and that Mother not have unauthorized entry into the family home. The court also scheduled a review hearing in ninety days to check the status of the protective supervision services it had ordered.
36 At the anticipated review hearing, if Father had complied with the service plan, the court may have finally disposed of the case and terminated its jurisdiction. Seq, e.g., In re A.H., 2009 UT App 232, ¶¶ 2-3, 217 P.3d 278 (explaining that the juvenile court retained jurisdiction while DCFS provided protective supervision and completed the reports to release the children from the court's jurisdiction); In re P.F.B., 2008 UT App 271, ¶ 3, 191 P.3d 49 (reviewing a case in which the juvenile court retained jurisdiction until it terminated DCFS's protective supervision services and the guardian ad litem's services). However, Father did not comply with the service plan. And because the court did not affirmatively renounce its jurisdiction or enter any ruling incompatible with its con
B. The Child Welfare Proceedings Did Not Start Over When the Court Returned the Children To DCFS's Custody in November 2008.
137 Father argues that any time a child is removed from a parent's legal custody, the Juvenile Court Act requires the juvenile court to adjudicate that child as to neglect, abuse, or dependency regardless of whether the court has previously done so. As such, he argues that parents with legal custody are entitled to the full procedural protections under the Juvenile Court Act at the time of any removal regardless of whether the juvenile court has ongoing jurisdiction.
T38 Therefore, according to Father, the juvenile court was required to timely comply with all procedures mandated by the Juvenile Court Act when the State filed its Motion for Expedited Placement in Temporary Custody and Verified Petition for Expedited Custody on October 30, 2008. Because he had regained legal custody as of August 2008, he contends that when the Children were later "removed" from his custody, i.e., returned to DCFS's custody, in November 2008, the Juvenile Court Act mandated the commence ment of new child welfare proceedings. Father asserts that after the court failed to again adjudicate the Children as to neglect, abuse, or dependency when they were returned to DCFS's custody in November 2008, the court exceeded its subject matter jurisdiction and violated his due process rights by considering the State's petition for termination of Father's parental rights. Father also seems to imply that the court violated his due process rights when it denied him another year of reunification services. He argues that because new child welfare proceedings were initiated after November 2008, he became eligible to receive another year of reunification services. Finally, Father argues that the juvenile court failed to hold a permanency hearing because the December 8 hearing was scheduled only to hear his motion for reunification services.
1 39 Based upon the factual findings in its original order, it appears that the juvenile court incorrectly intended that the child welfare proceedings start over in this case in November 2008. However, we determine that the court was not required to restart the neglect proceedings in the particular cireum-stances of this case. Consequently, Father was not denied his due process rights. We will first explain our conclusion that because the court retained its jurisdiction, and therefore its dispositional authority over the Children, the Juvenile Court Act did not require the court to restart the proceedings. As part of that discussion, we will also address why Father was not entitled to another adjudication hearing, renewed reunification services, or another permanency hearing.
1. The Juvenile Court's Dispositional Authority
[40 Father contends that the court never adjudicated the Children again after they were "removed" in November 2008 and that the November 3 hearing was a shelter hearing, as opposed to an adjudication hearing. In support of this proposition, Father relies on the fact that on October 80, 2008, the State filed the necessary petition to commence child welfare proceedings, see Utah Code Ann. $ 78A~-6-804(1) (2008) (outlining procedure for commencing neglect, abuse, or dependency proceedings in juvenile court); that. the State filed a Motion for Expedited Placement in Temporary Custody, id. § 78A-6-106(4) (explaining when the court shall hold an expedited hearing); that the November 3 hearing was a shelter hearing, id. § 78A-6-806(1) (explaining when a shelter hearing shall occur); that the hearing resulted in DCFS gaining temporary custody, pending adjudication and disposition, id. § TSA-6-301(8) (defining "temporary custody");