In re J.P. (M.M. v. State)
2015 UT App 26
| Utah Ct. App. | 2015Background
- Mother appeals a juvenile court order terminating her parental rights to J.P., D.P., and F.P.
- The court affirmed termination based on grounds including unfitness or incompetence under Utah law.
- The court held that Mother’s habitual illegal drug use rendered her unable to care for the children.
- Mother did not attend or participate in the dispositional hearing, leading to the denial of reunification services.
- Mother failed to comply with the Division’s treatment recommendations despite awareness of the treatment plan.
- The court found termination was in the children’s best interests and affirmed the termination order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mother is unfit or incompetent as a parent. | Mother argues the court erred weighing fitness. | Mother contends she is not unfit under the statute. | Affirmed; record supports unfitness. |
| Whether the court erred by not offering reunification services. | Mother asserts she was entitled to services. | Court properly declined due to Mother’s absence and noncompliance. | Affirmed; no constitutional right to services; absence justified denial. |
| Whether termination is supported by the best interests of the children. | Termination aligned with children’s best interests. | Court should not terminate given potential for reunification. | Affirmed; best interests supported termination. |
Key Cases Cited
- In re B.R., 2007 UT 82 (Utah Supreme Court 2007) (clear weight of the evidence standard; foundation in evidence supports decision)
- In re E.R., 2001 UT App 66 (Utah Appellate Court 2001) (factual findings reviewed for clear error)
- In re N.R., 967 P.2d 951 (Utah Ct. App. 1998) (reunification services gratuity; no constitutional right to services)
- In re R.A.J., 1999 UT App 329 (Utah Ct. App. 1999) (best interests balancing required for termination)