In re K.C. (D.C. v. State)
2012 UT App 254
Utah Ct. App.2012Background
- D.C. (Mother) appeals a juvenile court's termination of her parental rights to K.C.
- Juvenile court found multiple statutory grounds and that termination was in K.C.'s best interest.
- Evidence showed the home was deplorable and Mother failed to protect K.C. from sexual abuse by her boyfriend.
- Mother admitted knowledge of the abuse but did not inform authorities or pursue protective measures; she needed substantial counseling.
- Mother did not consistently attend individual counseling or parenting classes and showed limited insight into parenting deficiencies.
- K.C.'s father and stepwife provide a stable home; K.C. bonded with them and Texas relatives; mother made limited efforts to maintain contact or support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of grounds for termination | Mother unfit based on deplorable home, abuse failure, and inadequate counseling. | State failed to prove all required grounds or meaningful evidence of unfitness. | Sufficient grounds supported termination. |
| Adequacy of services provided | State caseworker aided assessments and referrals; services were adequate. | Mother needed more housing and counseling referrals not provided. | Services deemed sufficient; no clear error. |
| Best interests determination | Termination best protects K.C. given lack of parental skills and bond with mother. | Mother and K.C. could benefit from continued parental relationship. | Termination in K.C.'s best interests affirmed. |
Key Cases Cited
- In re B.R., 171 P.3d 435 (Utah 2007) (clear weight standard; base review on clearly erroneous findings)
- In re E.R., 21 P.3d 680 (Utah App. 2001) (wide latitude to juvenile court; avoid reweighing evidence)
- In re F.C., 81 P.3d 790 (Utah App. 2003) (any single ground may support termination)
