453 P.3d 651
Utah Ct. App.2019Background
- Mother appealed the juvenile court’s termination of her parental rights to child L.M., challenging sufficiency of reunification services and evidence for termination.
- Child was removed primarily due to domestic violence concerns involving Mother’s partner (Father); child remained in a DCFS-supervised out-of-home placement.
- DCFS initiated services including a domestic violence assessment, referral to a ten-session domestic violence program (which Mother completed over five months with frequent absences), individual therapy, and ongoing support from a DCFS domestic violence specialist.
- Despite services, Mother repeatedly misrepresented or concealed ongoing contact with Father, brought him to visits (he had no visitation rights), lied about his identity, gave inconsistent statements to evaluators, and at times sought couples therapy.
- The juvenile court found DCFS provided reasonable reunification services and that Mother failed to remedy the circumstances leading to removal, with a substantial likelihood she would not be able to exercise proper parental care in the near future.
- The appellate court affirmed the termination, deferring to the juvenile court’s credibility findings and factual weighings.
Issues
| Issue | Mother's Argument | DCFS / Juvenile Court Argument | Held |
|---|---|---|---|
| Whether DCFS provided reasonable reunification services | Services were inadequate; more intensive help was needed | Services were tailored and extensive (assessment, course, therapy, specialist) | Services were reasonable and appropriately tailored; no abuse of discretion |
| Whether evidence was sufficient to support termination under § 78A-6-507(1)(d) (failure to remedy circumstances) | Insufficient evidence that Mother failed to remedy circumstances or would be unable to parent in near future | Mother’s ongoing relationship with Father, deception, and lack of progress after a year supported failure to remedy and a substantial likelihood she could not parent safely soon | Evidence was sufficient; termination affirmed |
Key Cases Cited
- In re K.F., 201 P.3d 985 (Utah 2009) (juvenile courts have broad discretion and are best positioned to assess reunification efforts and witness credibility)
- In re B.R., 171 P.3d 435 (Utah 2007) (termination is a mixed question; appellate review affords high deference and will not reweigh evidence)
- In re C.C., 402 P.3d 17 (Utah Ct. App. 2017) (recognition of the need for services tailored to help domestic violence victims escape abusive relationships)
- In re C.C.W., 440 P.3d 749 (Utah Ct. App. 2019) (a parent’s domestic violence towards another can adversely impact a child even if the child is not the direct target)
- In re T.M., 147 P.3d 529 (Utah Ct. App. 2006) (continuing an abusive relationship can support termination where safety risks to the child remain)