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In re K.C. (D.C. v. State)
2012 UT App 254
Utah Ct. App.
2012
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Background

  • 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)
Read the full case

Case Details

Case Name: In re K.C. (D.C. v. State)
Court Name: Court of Appeals of Utah
Date Published: Sep 13, 2012
Citation: 2012 UT App 254
Docket Number: 20120531-CA
Court Abbreviation: Utah Ct. App.