In re O.T. (A.P. v. State)
2015 UT App 8
| Utah Ct. App. | 2015Background
- Mother appealed termination of her parental rights to child O.T.; juvenile court terminated based on multiple statutory grounds.
- Court found neglect, unfitness/incompetence, out-of-home placement with Mother unable/unwilling to remedy circumstances, failure of parental adjustment, and only token efforts to avoid being unfit.
- DCFS provided services (drug treatment, supervised visitation, drug testing) but Mother repeatedly left residential treatment, had recent substance use, was incarcerated at times, and failed to maintain contact with the caseworker.
- Mother did not challenge two independent grounds the juvenile court found: failure of parental adjustment and token efforts.
- O.T. was placed in a "legal risk" foster home, showed progress on developmental and behavioral issues, was bonded to foster family, and that family wished to adopt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of grounds for termination | Mother argued some findings were unsupported | Respondent (state/DCFS) argued any single supported statutory ground suffices | Court affirmed; Mother did not challenge two independent grounds, which alone suffice to terminate rights |
| Reasonable efforts to reunify | Mother contended DCFS did not make reasonable reunification efforts | DCFS pointed to offered services, court hearings discussing the plan, and Mother’s failure to cooperate | Court held DCFS made reasonable and appropriate efforts; finding supported by evidence |
| Best interest of the child | Mother challenged best-interest finding | DCFS emphasized child’s progress, bond with foster family, and stability in foster placement | Court held termination was in O.T.’s best interest based on child’s improvement and adoptive foster placement |
| Standard of review/weight of evidence | Mother implicitly asked for reweighing of evidence | State argued appellate review is deferential; factual findings reviewed for clear error | Court applied clear-error standard and deferred to juvenile court’s credibility and factual findings |
Key Cases Cited
- In re B.R., 171 P.3d 435 (Utah 2007) (appellate standard: reversal requires decision is against clear weight of evidence)
- In re E.R., 21 P.3d 680 (Utah Ct. App. 2001) (factual findings reviewed under clearly erroneous standard)
- In re L.M., 37 P.3d 1188 (Utah Ct. App. 2001) (juvenile court best positioned to assess witness credibility)