In re D.G., 522 P.3d 39

Child was removed at birth after in utero drug exposure and neonatal withdrawal; Mother entered reunification services and inpatient treatment.
Child returned to Mother at 18 months after compliance, but Mother relapsed (drug use, stopped medication, missed therapy, refused drug tests) and Child was removed again and placed with foster parents.
Juvenile court terminated reunification services, changed goal to adoption, and later terminated Mother’s parental rights.
Mother appealed, raising (1) the court failed to consider non-termination placements (strictly-necessary requirement) and (2) ineffective assistance of counsel for failing to request ADA accommodations.
The Court of Appeals limited full briefing to the ineffective-assistance/ADA claim, struck Mother’s briefing on the strictly-necessary issue (and had already rejected it based on the petition), and addressed only the ADA-related ineffective-assistance claim.
On the ADA claim, Mother pointed to unassessed mental-health concerns (possible autism) but produced no psychological evaluation or evidence of specific disabilities, accommodations, or how accommodations would have changed the outcome; the court held she failed to show prejudice and affirmed termination.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether termination was "strictly necessary" without considering alternative placements	Mother: Juvenile court erred by not considering guardianship/placements with alleged father or adoptive parents of half‑siblings	State: Paternity was not established and no feasible alternative placements were presented	Court: Struck further briefing on this issue (previously rejected on petition); no clear error in finding no established paternity or feasible alternatives
Whether trial counsel was ineffective for failing to seek ADA accommodations (psych evaluation/accessibility)	Mother: Counsel should have sought ADA accommodations/psych evaluation to enable access to services and prevent termination	State: Record contains no diagnosis, no requested accommodations, and no evidence accommodations would have changed outcome; no prejudice shown	Court: Ineffective‑assistance claim fails—Mother could not show disability, needed accommodations, or a reasonable probability the outcome would differ; affirmed

In re J.A.L., 506 P.3d 606 (Utah 2022) (juvenile court cannot find termination strictly necessary based on categorical concerns; court must consider feasible non‑termination options)
Aurora Credit Servs., Inc. v. Liberty West Dev., Inc., 171 P.3d 465 (Utah Ct. App. 2007) (appellate review of motions to strike and briefing orders)
In re S.S., 360 P.3d 16 (Utah Ct. App. 2015) (standard for ineffective assistance of counsel claims on appeal)
In re S.H., 155 P.3d 109 (Utah Ct. App. 2007) (prejudice standard: reasonable probability that counsel's errors changed the outcome)
In re K.T., 362 P.3d 1248 (Utah 2015) (requirements for proving ADA‑related prejudice in child‑welfare cases)
State v. Griffin, 441 P.3d 1166 (Utah 2015) (burden to point to specific instances of deficient performance and prejudice)
In re C.M.R., 473 P.3d 184 (Utah Ct. App. 2020) (need for record evidence to support disability claims in appeals)
State v. Litherland, 12 P.3d 92 (Utah 2000) (appellant bears burden to ensure record adequacy and may seek remand to supplement the record)