In re G.P... (R.P. v. State)
2013 UT App 211
Utah Ct. App.2013Background
- Mother (R.P.) appealed the juvenile court’s termination of her parental rights to two children, G.P. and S.P.
- Trial evidence included Mother’s history of severe mental illness, including two attempts on the children’s lives and periods off medication that produced dangerous episodes.
- Testimony indicated Mother can mask symptoms and appear stable while off medication, but her illness ultimately manifests in severe, safety-threatening episodes, especially in unstructured settings.
- The children’s stepmother provides a stable, loving home, has formed an existing parental relationship, and is willing to adopt the children.
- The juvenile court found termination was in the children’s best interests because of Mother’s continuing safety risk and the availability of a stable, permanent adoptive home.
- Mother argued on appeal that the evidence was insufficient and that the court improperly weighed unfavorable evidence too heavily.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported finding that termination was in children’s best interests | Mother: evidence was insufficient; court overemphasized her past dangerous acts and improperly weighed evidence | State/Respondent: Mother poses ongoing safety risk; stepmother offers stable, permanent home and adoption | Affirmed: substantial evidence supported best-interests finding; appellate court will not reweigh evidence |
| Whether appellate court should reweigh evidence | Mother: court misweighed evidence and gave undue weight to certain adverse facts | Respondent: appellate review limited; findings stand if supported by evidence | Affirmed: appellate court defers to juvenile court when a factual foundation exists and will not reweigh evidence |
Key Cases Cited
- In re E.R., 21 P.3d 680 (Utah Ct. App. 2001) (standard for clearly erroneous factual findings)
- In re R.A.J., 991 P.2d 1118 (Utah Ct. App. 1999) (appellate deference to juvenile court findings)
- In re B.R., 171 P.3d 435 (Utah 2007) (appellate court will not reweigh evidence when foundation exists)
- State v. Carter, 776 P.2d 886 (Utah 1989) (arguments not preserved or meritless need not be addressed)