2015 UT App 51
Utah Ct. App.2015Background
- Father (C.L.S.) appealed the juvenile court's order terminating his parental rights to K.L.S.; the appellate court affirms.
- Father discharged court-appointed counsel and proceeded pro se from November 12, 2013; the juvenile court found he had been informed of and waived counsel.
- Father did not provide a trial transcript on appeal challenging sufficiency of evidence. Under Utah R. App. P. 54(b), the absence of an adequate record requires assuming the lower-court proceedings were regular.
- The juvenile court found multiple statutory grounds for termination under Utah Code § 78A-6-507, including failure of parental adjustment, neglect, unfitness/incompetence, and likelihood of inability to provide proper care.
- The court also found termination was in the child’s best interests: the foster home provided love, stability, safety, addressed physical and emotional needs, was drug-free, financially able, and the foster parent was willing to adopt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence supporting termination | Father contended evidence was insufficient to support termination findings | Juvenile court findings supported by the record; Father did not supply transcript | Affirmed; absent transcript, appellate court assumes findings supported by evidence |
| Validity of proceeding without counsel at termination trial | Father notes he lacked counsel at trial | Father voluntarily waived appointed counsel and chose to proceed pro se; waiver found by juvenile court | No relief; waiver was factual and not contested on appeal |
| Best-interest determination | Father argued state presented only evidence of foster parent’s care and not broader statutory factors | Juvenile court expressly found facts showing child’s physical, emotional needs, stability, and bonding in foster home | Affirmed; factual findings support best-interest conclusion |
| Sufficiency of grounds for termination | Father challenged some grounds | One unchallenged ground—failure of parental adjustment—alone suffices under § 78A-6-507 | Termination sustained based on the unchallenged ground |
Key Cases Cited
- In re B.R., 171 P.3d 435 (Utah 2007) (appellate review does not permit reweighing when evidence supports a foundation for the juvenile court’s decision)
- In re E.R., 21 P.3d 680 (Utah Ct. App. 2001) (factual findings reviewed under the clearly erroneous standard)
- State v. Blubaugh, 904 P.2d 688 (Utah Ct. App. 1995) (in absence of adequate record on appeal, courts assume regularity of lower-court proceedings)