462 P.3d 1278
Utah Ct. App.2020Background
- Child was removed in Oct 2017 after Mother attempted suicide; Father could not assume custody because he had just been jailed for domestic violence against Mother. DCFS placed Child with foster family and opened services for both parents.
- Father was ordered to complete drug treatment, domestic-violence treatment, assessments, and random drug tests; he completed drug/alcohol treatment and initially complied, prompting a trial home placement in May 2018.
- Two months into the trial placement Father was arrested for DUI (Oct 2018); his parole was revoked and he was returned to prison for an indefinite term (statutory range 1–15 years); at trial he testified he’d served ~22 months and expected ~10 more months.
- The juvenile court terminated reunification services and later, after a bench trial in Apr 2019, terminated Father’s parental rights, finding grounds under Utah Code § 78A-6-507(1)(b)–(e), including that Father had failed to remedy the circumstances that caused the out-of-home placement (§ 507(1)(d)).
- The court relied on Father’s incarceration, the DUI (despite prior completion of drug treatment), and Father’s failure to complete court-ordered domestic-violence treatment; the foster family was bonded and wanted to adopt.
- Father appealed solely arguing insufficient evidence supported the statutory grounds for termination; the Court of Appeals affirmed, finding sufficient evidence to support termination under § 507(1)(d).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether evidence supported termination under § 78A-6-507(1)(d) (failed to remedy circumstances and substantial likelihood parent cannot exercise proper care in the near future) | Evidence showed Father failed to remedy removal causes — ongoing incarceration, DUI indicating substance issues, and uncompleted domestic-violence treatment — so substantial likelihood he cannot parent in near future. | Court found no clear and convincing proof of prison release date, so incarceration duration cannot support finding Father will be unable to care for Child in the near future; Father pointed to completed drug treatment and prior compliance. | Affirmed: sufficient evidence under § 507(1)(d); incarceration (even if length uncertain), DUI, and failure to complete DV treatment justified finding Father could not remedy circumstances and likely could not parent in near future. |
| Whether the court erred in relying on the one-year incarceration factor under § 78A-6-508(2)(e) to find neglect/unfitness | The court may consider incarceration as evidence of inability to parent; Father’s parole revocation and continued incarceration were relevant to unfitness/neglect. | Father argued the court explicitly found no clear and convincing evidence of incarceration beyond one year, so § 508(2)(e) could not support neglect/unfitness findings. | Partially: court likely erred if it relied on § 508(2)(e) (no clear proof incarceration >1 year), but any error harmless because § 507(1)(d) alone supports termination. |
Key Cases Cited
- In re B.T.B., 436 P.3d 206 (Utah Ct. App. 2018) (standard of review for termination: mixed question; factual findings reviewed for clear error, deference to juvenile court)
- In re F.C. III, 81 P.3d 790 (Utah Ct. App. 2003) (juvenile court may terminate if any one statutory ground is proven)
- In re B.R., 171 P.3d 435 (Utah 2007) (high degree of deference to juvenile court termination decisions; reversal only if against clear weight of evidence)
- In re H.F., 455 P.3d 1098 (Utah Ct. App. 2019) (discusses best-interests/strictly-necessary analysis and factors courts may consider)
- In re K.J., 327 P.3d 1203 (Utah Ct. App. 2013) (petitioner bears burden to prove statutory grounds by clear and convincing evidence)
- In re A.H., 217 P.3d 278 (Utah Ct. App. 2009) (incarceration is a proper consideration in assessing a parent’s ability to care for children)