In re B.C.
2016 UT App 208
| Utah Ct. App. | 2016Background
- Mother (C.S.) appealed termination of her parental rights to child B.C.; juvenile court terminated rights on multiple statutory grounds and found termination in the child’s best interest.
- Juvenile court found grounds of abandonment, neglect, parental unfitness/incompetence, and token efforts to support/communicate.
- Mother had initial custody for about the first year, then placed B.C. with her cousin (who expected to adopt), later moved him to maternal grandparents after ~18 months.
- Mother had sporadic contact while child lived with others, received child-support payments through the Office of Recovery Services but kept the funds rather than providing them to caregivers, and failed to obtain appropriate medical care.
- At trial Mother, represented by counsel, presented eleven witnesses; many exhibits were admitted by stipulation but some evidence was excluded as cumulative or not timely disclosed. Mother did not preserve objections to evidentiary rulings.
- The juvenile court concluded Mother’s conduct manifested a conscious disregard of parental obligations that destroyed the parent–child relationship; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of evidence (exhibit book) | Mother: juvenile court improperly excluded her evidence and exhibit book. | State/Respondent: most exhibits were stipulated/admitted; exclusions were justified (cumulative or undisclosed); Mother failed to preserve objections. | Court: Evidence exclusions were proper or unpreserved; claim not preserved on appeal. |
| Sufficiency of evidence for abandonment | Mother: challenge to court’s finding of abandonment (insufficient evidence). | Respondent: multiple unchallenged statutory grounds exist; even if abandonment were close, other grounds support termination. | Court: Mother did not challenge other grounds; abandonment findings supported by evidence; termination affirmed. |
Key Cases Cited
- In re B.R., 171 P.3d 435 (Utah 2007) (standard of review and deference to juvenile court in parental-termination cases)
- In re T.M., 147 P.3d 529 (Utah Ct. App. 2006) (deference due to juvenile court’s superior credibility determinations)
- State v. McNeil, 302 P.3d 844 (Utah Ct. App. 2013) (claims not preserved when party abandons prior objection and stipulates)
- In re R.A.J., 991 P.2d 1118 (Utah Ct. App. 1999) (two-step inquiry for termination: parental fitness and child’s best interest)
- In re R.A.F., 863 P.2d 1331 (Utah Ct. App. 1993) (abandonment requires conscious disregard of parental obligations leading to destruction of the parent–child relationship)