In re K.K.
2017 UT App 58
Utah Ct. App.2017Background
- Father appealed termination of his parental rights; juvenile court terminated based primarily on unfitness under Utah Code § 78A-6-507(1)(c).
- Court found extensive history of drug use (completed one program, then overdose and subsequent positive tests for methamphetamine and marijuana) and ongoing domestic violence issues (domestic-violence classes incomplete at trial).
- Father remained in an ongoing, volatile relationship with the children’s mother, who had relinquished her rights and had unresolved drug and mental-health problems; father minimized her problems and prioritized the relationship over child safety.
- DCFS provided substantial reunification services: evaluations, referrals, financial support (including help with housing), and shelter placement; Father left shelter quickly and did not consistently utilize services.
- Father argued (1) insufficient evidence of grounds for termination, (2) DCFS failed to make reasonable reunification efforts, and (3) error in denying spousal privilege for the mother’s testimony; the juvenile court’s factual findings were reviewed for clear error.
- The appellate court affirmed: evidence supported unfitness, DCFS’s efforts were reasonable, and the spousal-privilege argument was not preserved for appeal.
Issues
| Issue | Father’s Argument | DCFS/State’s Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support termination (unfitness) | Evidence insufficient to show Father unfit | Record shows drug relapse, overdose, incomplete DV treatment, ongoing risky relationship with mother; children unsafe | Affirmed — evidence supports unfitness and termination was proper |
| Whether DCFS made reasonable reunification efforts | DCFS did not make reasonable efforts | DCFS provided extensive, targeted services and financial/housing support; reunification is two-way street | Affirmed — DCFS made reasonable efforts |
| Application of spousal privilege to mother’s testimony | Trial court should have limited waiver; some testimony should have been privileged | Court ruled privilege inapplicable under Utah R. Evid. 502(e)(4); mother’s invocation and court ruling occurred; Father failed to object later | Not preserved on appeal; court declined to review |
| Best interests of the children (threshold for termination) | (Not contested on appeal) | Juvenile court found termination in children’s best interests based on safety concerns | Affirmed (court did not reach this argument further because Father did not challenge it) |
Key Cases Cited
- In re B.R., 171 P.3d 435 (Utah 2007) (standard for appellate review of juvenile termination findings)
- In re E.R., 21 P.3d 680 (Utah Ct. App. 2001) (clearly erroneous standard and judicial deference in juvenile cases)
- In re F.C. III, 81 P.3d 790 (Utah Ct. App. 2003) (a single statutory ground is sufficient for termination)
- In re A.C., 97 P.3d 706 (Utah Ct. App. 2004) (definition and review of reasonable reunification efforts)
- In re P.H., 783 P.2d 565 (Utah Ct. App. 1989) (reunification requires parental commitment and state services)
- In re K.F., 201 P.3d 985 (Utah 2009) (reasonableness of reunification efforts depends on case-specific facts)
- Brookside Mobile Home Park, Ltd. v. Peebles, 48 P.3d 968 (Utah 2002) (preservation rule: issue must be presented to trial court to be preserved on appeal)