In re B.A.., 2017 UT App 202

Background

Child (B.A.) was removed from Mother (M.T.) and the juvenile court terminated Mother’s parental rights after reunification services from June 2015 to August 2016.
At trial Mother raised an Americans with Disabilities Act (ADA) claim for the first time at closing, asserting medical issues and past surgery cancellations due to loss of insurance but presented no clear ADA-diagnosis or documentation showing a qualifying disability.
The court found Mother unfit primarily for habitual/excessive use of controlled substances: missed many drug tests, at least 16 positive drug tests, extensive ER visits consistent with drug-seeking behavior, failure to complete substance-abuse treatment, and failure to disclose ER prescriptions.
The juvenile court found termination was in Child’s best interests based on Child’s physical, emotional, and developmental needs, improvement in the foster placement, and Mother’s unresolved issues that impaired her ability to meet Child’s needs.
Mother also argued DCFS failed to provide reasonable reunification efforts and should have accommodated alleged medical issues; the court found DCFS provided reasonable services and Mother failed to show she requested or proved an ADA accommodation was required.

Issues

Issue	Mother’s Argument	State’s Argument	Held
ADA applicability / ADA disability proof	Mother argued ADA protections should apply because she informed DCFS of medical issues and needed accommodations	State argued Mother failed to establish an ADA-qualifying disability or request accommodations during the reunification period	Court: Mother’s ADA claim was timely but she failed to prove a qualifying disability or that accommodations were requested; court’s finding that she did not establish ADA status affirmed
Unfitness (substance abuse)	Mother argued she substantially complied with the service plan and contested characterization of missed tests as positives	State pointed to numerous missed tests, multiple positive tests, ER visits showing drug-seeking, failure to complete substance-abuse treatment, and nondisclosure of prescriptions	Court: Evidence supported finding of unfitness due to habitual/excessive use of controlled substances; termination may be based on this ground
Best interests of the child	Mother argued child behavior stemmed from removal trauma and that DCFS provided foster family supports Mother lacked	State emphasized Child’s developmental/dental/health deficits on removal, substantial improvement with foster family, and Mother’s unresolved issues	Court: Evidence showed termination was in Child’s best interests; foster placement addressed Child’s needs and outweighed Mother–Child bond
Reasonable reunification efforts	Mother asserted DCFS imputed substance abuse and failed to provide alternative services or accommodations for medical issues	State argued Mother produced no objective proof of disability, did not request accommodations, and services were reasonable and relevant to post-removal needs	Court: DCFS provided reasonable reunification efforts; Mother failed to show she requested or proved need for accommodation

Key Cases Cited

In re A.B., 168 P.3d 820 (Utah Ct. App. 2007) (deferential review of juvenile court termination findings)
In re R.A.J., 991 P.2d 1118 (Utah Ct. App. 1999) (standards for termination review)
In re adoption of Baby B., 308 P.3d 382 (Utah 2012) (mixed law-fact issues merit deference)
In re K.C., 362 P.3d 1248 (Utah 2015) (ADA applies to reunification services; parent bears burden to prove ADA-qualified disability)
In re J.F., 317 P.3d 964 (Utah Ct. App. 2013) (parent–child affection is one factor among many in best-interests analysis)
In re B.R., 171 P.3d 435 (Utah 2007) (best-interests framework in termination cases)
In re Gregory, 257 P.3d 495 (Utah Ct. App. 2011) (appellate court will not consider arguments raised for first time at oral argument)
State v. Comer, 51 P.3d 55 (Utah Ct. App. 2002) (trial court as factfinder may assign weight to evidence)