In re C.O., 2015 UT App 296

Mother (J.O.) appealed termination of her parental rights to daughter C.O.; juvenile court terminated rights under Utah Code § 78A-6-507.
C.O. was removed from Mother's care due to domestic violence concerns involving C.O.’s father; father had relinquished his rights and was prohibited from contact with C.O.
Despite removal, Mother resumed a relationship with C.O.’s father and he again lived with her, undermining child safety concerns.
Mother participated in services and showed early progress, but failed to sustain appropriate parenting, did not internalize training, and had recurring mental health and emotional-regulation issues.
C.O., who was very young at removal, had lived most of her life with the foster family, was integrated there, and the foster family sought adoption providing permanency and stability.
DCFS provided tailored reunification services (hands-on instruction, minimized classroom components) aimed at Mother's identified problems.

Issue	Plaintiff's Argument (Mother)	Defendant's Argument (DCFS / Juvenile Court)	Held
Was evidence sufficient to support termination grounds?	Evidence insufficient to show Mother unfit or failed to remedy conditions.	Mother resumed relationship with prohibited/abusive father; did not remedy removal circumstances; unfit.	Termination supported; finding any single statutory ground sufficed.
Did Mother remedy circumstances leading to removal?	Mother made efforts and improved; circumstances were remedied.	Mother resumed dangerous relationship and failed to recognize danger; did not protect child.	Mother failed to remedy circumstances; finding supported.
Was Mother fit to parent C.O.?	Improved early; services showed progress—so not unfit.	Mother could not sustain appropriate parenting, failed to internalize training, and had recurring mental-health issues risking harm.	Court found Mother unfit; supported by evidence.
Was termination in child's best interests and were reunification efforts reasonable?	Termination not in C.O.’s best interests; services insufficient.	C.O. was bonded to foster family, needs met, adoption would provide permanency; DCFS provided reasonable, tailored services.	Termination in C.O.’s best interests; DCFS made reasonable efforts.

In re E.R., 21 P.3d 680 (Utah Ct. App. 2001) (standard for overturning juvenile court findings)
In re R.A.J., 991 P.2d 1118 (Utah Ct. App. 1999) (appellate review will not reweigh evidence when juvenile court findings have foundation)
In re B.R., 171 P.3d 435 (Utah 2007) (appellate court may not reweigh evidence where foundation exists)
In re T.M., 147 P.3d 529 (Utah Ct. App. 2006) (maintaining relationship with abusive spouse jeopardizes child safety)
In re A.C., 97 P.3d 706 (Utah Ct. App. 2004) (definition of reasonable reunification services)