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Show WEDNESDAY, DEC. 6, 1972 THE DAILY RECORD THREE PAGE T Financing Statements In The Supreme Court Of The State Of Utah 092 - Roger L. & Joy Higgins, 4.073 W. 3100 S. Grngr to Cent State of Utah, in the interest of Sherinda Davis, et. al. ' children, No. 12848 four minor , FILED November 24, 1972 Cheryl Higgs, Appellant. L. M. Cummings, Clerk CROCKETT, Justice; 77, The skeletal facts are: that this 23 year old single woman is the mother of four children; that their paternity is unknown; and that, sparing detail which would do no credit to appellant to record here, the court made the following findings, which are supported by the evidence: that she is . . . emotionally unstable and unable to provide the is necessary care . . . unable to meet their needs and . . . chronically severely maladjusted ... On the basis of those and other findings the court made the order of which appellant complains. At the hearing testimony was taken from appellant and from two social workers and a psychologist, all of whom were acquainted with appellant and her situation. In the discussion which followed the court stated that he Would find "that the children are within the jurisdiction of this court . . . and further said: The alternatives the Court has are two . . . One would be to return the children to you under protective supervision of the Welfare Department, and the other would be to continue to leave the children in foster care pending any further change or stabilization as you talked about It would be helpful ... if had a report ... as to the present adjustment ... of the children ... have to that? to me I Do you any objection Mr. Laren Bates, counsel for appellant responded: think that's a good suggestion, Your Honor. I'd like to see that report submitted as quickly as possible and I would stipulate to its admission without any examination. No, no. Fin Co; hhg - 093 1560 Danielle Nelson E. 3010 S. SLC to Cent Ray C. cattle & Fin. Co; hhg. 094 - Ronald V. & Ranae Pepper 6545 S. 2365 E. SLC to Cent. Fin. Co; sofa & love seat. - Rodney L Burroughs, 1427 E. 21st S. SLC to Deseret News Employees Crdt Unon; stereo I - Jay Oviatt, 1415 W. 2250 S. SLC to C1T Financial Service console 102 103 - Joseph Evan & Elizabeth Nielson, 2803 S. 3rd E. SLC to - 2751 B & LeRoy Lila Hills, to CIT; 3150 C. Grngr W. - Robett D. and 7th S. 1107 W. Carter, Vester Blair St. SLC to Natl Fin; tv, stereo s. 5th E. 344 000 W. to you have any questions. Miss Higgs? - Marcus Urrechadam 1964 3rd N. SLC to Natl Fin Co; 027 - George S. Whiting 3456 Riviera Dr. SLC to et Leasing Co; sprinkler - Richard Crdt 031 - Clifton I, Johnson 202 E. 14th S. Bntfl to Capitol Thrift & Loan Co; painting Gall Bennett. S. 350 E. Rrmnton to Comm Crdt Plan Inc; furn. Ann & 032 950 Hankins, - Mike E. 113 - Newell - Deral Maureen Bishop & 1104 Diamond Way, Dandy Nationwide Fin; hhg Shirley - Chester Powell, 975 E. SLC to FMA Leasing Co; copier 048 1st S. - dresser - John E. Steiner, 1963 s. SLC to FMA LEasing 049 In response to appellant's assignment of error we observe: An . . the court shall have jurisdiction states in pertinent part: T Sec. in proceeding's . . . concerning any child . . . who is neglected. Sec. defines a neglected child as one who lacks proper parental care by reason of the fault or habits of the parent, guardian, or custodian. 55-10-- E. 2700 119 E. 4000 S. Camper 77 attorney, in his function as an officer of the court, may stipulate for and bind the party he represents on any matter of proper concern in the proceeding, including the receiving of evidence which might otherwise not be admissible. This is particularly so where it is made in the presence and with the under2 standing and accord of the party. There can be no doubt that the situation herein dealt with is unfortunate and regrettable, for this mother, for the children, and for society. Neither can it be doubted that if she could possibly take care of her children it would be highly desirable from the standpoint of all concerned that she be allowed to do so. There is nothing to reflect any other attitude upon the part of the Juvenile Court. The decree entered makes allowance for working toward that objective. The decree does not by its terms totally and permanently deprive appellant of her children. It recites that she is ". . . hereby deprived of guardianship of the persons of the above children . . . which is vested in the State Division of Family Services" which is to pay for their support; and further, while working, is to contribute to the support of the that appellant, chilcren" according to her ability. "... We find no basis for disturbing the findings and decree. Affirmed. No costs awarded. Jr. , Chief Justice , W. SLC Bk Bleazard, 1326 to Val Bk & Tr; R. L. Tuckett, Justice Ellett, Justice Trucking, Box 444, FMA; telephone valet 053 - Income Tr Plan Assoc, 1088 S. 11th E. SLC to FMA; calculator 054 - American Stock Transfer 65 E. 4th S. SLC to FMA; book copier 055 - Lofgreen's Masonary, In 1189 Rldgedate Lane, SLC to goods. FMA W. 3650 S; Krns - Elmer L. Read, 2716 S. SLC to Nationwide Fin. Co; furn. 965 - Arvan J. & Beatrice C. 059 062 - Joseph T. Butler, 259 Adonis Drive, SLC to Jr. Rich, 398 Bonnyview Ave. Mur to Town Industrial Fin. Co; - Delatore Gllberto, FMA Copier hhg 966 Leasing Co; eq. - Leon J. Henricksen, 483! S. Highland Dr. Ctrwd Mall, SLC to FMA; dictaphone 136 3rd E. - Jacob 063 8733 Jongsma, 27th S. Magna to Ford Mtr Credit Co; pool tables W. to ' J, & 8770 S. Jeffrey 17 E. SLC FMA; pump - 343 866 - Joyce M. Beard, Box 563 Cntrvl, to Clt Fin. Services; hhg 971 - Gloria's Beabby Salon. 6163 S. Highland Dr. SLC to Coca-Co- la Bottling Co; cooler 7872 - Wynona Burnham, 1614 E. 8600 S. Bandy to Inter lalu Thrift; hhg - Penn Mutual Ins. Agen. SLC to Coca Cola cooler. Co; Bottling Winger, 2037 Theckston, Tayyrsvl to Wlkr 973 2520 E. 4th S. - Const. Co. 3931 S. Grngr to Mur St Bk; GAL W. tractor 2. See e. g. , Hall v. San Jose Abstract It Title Insurance Co. , 172 C. A. 2d 421, 342 P. 2d 367; and People v. Cohen 94 C. A. 2d 451, 210 P. 2d 911: It was particularly so held in regard to receiving and considering a probation 6 repdrt in People v. Lavaleta, Cal. Rptr. 166 (1960). B to Associates Fin. Ser.; cons Bagshaw, 4754 543 A. H. - , - Dennis D. Thoen, 1955 E. SLC to FMA; eq. 13th S. Wilma 972 F. Henri Henriod, Justice 050 ne 052 124 - Angee Joe & Linda Montoya, 4251 H. 5415 S. Krns to Associates Fin. Ser; cons god - William S. and record-o-fo- 051 - Burton M. Todd and E. Keith Lignell, 451 S. 10th E. Sic to FMA; elevators 122 - Gordon G. Dean, 545 S. 875 W. Wds X to Wlkr Bk & Tr; Camper 125 Co; Sandy to 121 - Chari Nelson, 4321 Larson Hay, SLC to Capital Goods Supply; furn. 970 - Primp & Pamper Parlor, 8382 S. Romaine Dr, Sandy to Coca Cola Bottling Co; cooler WE CONCUR: E. R. Callister, - Ralph home 047 - Mountain States Fence 1396 S. 3rd W. SLC to FMA Leasing Co; calculator A. - Lynn M. Hood, 1168 Charlton Ave. SLC to Val & Tr; dishwasher ; & Mary P 3556 S. 4240 W. 1, Beneficial Life Co; to rifle Paskeett, gr- to Interlake Thrift; tv, 120 Carter to Capitol - Callls Brent Grngr - Thomas George Opolos, 603 Gladiula St. SLC to Nation wide Fin; hhg G & and Loan Pitcher, to 115 Only how long will it take? SLC Novo sell, 610 039 Miss Higgs: Amber 033 - Vern A. & Gerd W. Cartel 3275 Pearce Dr. SLC to Capitol Thrift and Loan Co; cons good furn. - David & 2nd N. Thrift Hayes, Mdvle to Nationwide Fin 114 . W. Bntfl to Nation Fin; furi wide syste co; cons, goods. & 112 - Darrell 592 E. 775 N. dba, Deser 028 - Jerald Morgan dba, 555 E. 4th S. SLC to Deseret Leas - Merrill L. Curtis, 4920 Comm to-B- Leasing Co; cons, gpods. - Gordon A & Rhonda Boultn Jerimle St. 6, SLC to Pac. Fin; eq. Marianna St. SLC to Plan Inc; hhg. Roberts, 3550 of Ct. SLC A. LV 024 - Don M. Handy, 2180 E. 45th S. SLC to Equitable 109 726 111 152 I - Betty Northern UT; Mobile home CIT; hhg 110 Cribble, 2030 to Natl Fin; hhg C. SLC - S. Mark 4563 Palmer Dr. Grn Do. - William 999 Lou SLC Maisey S. 343 998 Randy R. Banks, 2164 tv, stereo 105 & cattle 013 104 D. Potter, Richard 6. & Geraldine K. Potter, Farmington to Producers Livestock Loan Co; Wigs. C1T; hhg 118 The Court:- - - John 991 101 Cheryl Higge, appeals from a decree of the Second District Juvenile Court (Salt Lake County) which committed custody of her four minor children, ages two to. five, to the State Division of Family Services as authorized by Sec. U. C. A. 1953. Her charge of error is that the court abused due procees of law by receiving evidence outside of court and considering it in arriving at his decision. 55-10-- 988 - Lawrence & Merle L. Moss 1075 E. Center, Bntfl to Producers Livestock Loan Co; 974 - Cuban Cigar Co. 140 Ave. SLC to Natl Vendors; vending machines - William 873 Bk & 874 5720 B. Tr; Eq. - Kenneth Blair, 492 W. S. Mur to Wlkr Bk & Tr; Camper W. 877 - Vaughn Barker, 4768 S. 1175 W. Mur to 1st mur Office livestock |
