In re C.R.C.
2019 UT App 153
| Utah Ct. App. | 2019Background
- Father was arrested for downloading hundreds of child‑pornography images; he has been incarcerated since before Child’s birth and was restricted from contact with Child.
- Mother repeatedly violated no‑contact instructions and court/DCF directives, including prison visits, frequent phone calls, and monetary deposits to Father’s account.
- DCF removed the infant (Child) soon after birth due to safety concerns; Child was placed in foster care, diagnosed with failure to thrive, and never returned to Mother.
- Mother has significant intellectual limitations (parental fitness evaluation: functioning at a childlike level), struggled to complete Plan goals, and failed to establish sustained third‑party support to safely parent Child.
- Mother was dishonest with DCF about contact with Father; initially had a supportive friend who later withdrew after learning of Mother’s continued contact with Father.
- Juvenile court found multiple statutory grounds for termination (Mother’s incompetence/neglect; failure of parental adjustment; Father’s incarceration and sexual‑exploitation charges) and concluded termination was strictly necessary because Child had bonded with and thrived in foster care that planned to adopt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of grounds to terminate Mother’s rights | Mother: evidence insufficient to support statutory grounds | State: evidence shows neglect, mental deficiency, inability/unwillingness to remedy, ongoing dangerous contact with Father | Affirmed — ample evidence supported findings (incompetence/neglect, failure of parental adjustment, inability to remedy circumstances) |
| Whether termination is in Child’s best interest | Parents: termination not strictly necessary; Father: pornography possession alone does not prove danger | State: foster parents provide safety, stability, permanency; Mother failed to correct risks; Father’s sexual‑exploitation charges are prima facie unfitness | Affirmed — termination was strictly necessary; adoption by foster parents serves Child’s safety, stability, and permanency |
Key Cases Cited
- In re A.W., 437 P.3d 640 (Utah Ct. App. 2018) (applies clearly erroneous standard to sufficiency of juvenile‑court findings)
- In re B.T.B., 436 P.3d 206 (Utah Ct. App. 2018) (articulates deference and "strictly necessary" standard for termination decisions)
- In re C.T., 438 P.3d 100 (Utah Ct. App. 2018) (requires both statutory ground and best‑interest findings for termination)