In re R.B. and J.B. (S.B. v. State)
2012 UT App 37
| Utah Ct. App. | 2012Background
- S.B. (Mother) appeals a juvenile court termination of parental rights concerning R.B. and J.B. (Children).
- The juvenile court found three grounds for termination: unfitness, failure to remedy and future inability to provide proper care, and failure to make parental adjustments.
- Mother has a long history of substance abuse, no steady income, and past incarcerations that disrupted her ability to care for the Children.
- Children experienced instability and multiple moves due to parental conduct, with Mother’s incarcerations contributing to the disruption.
- Mother previously relinquished parental rights to six other children and had rights terminated as to four others; reunification services were not offered in this case.
- The appellate court affirmed termination, concluding the evidence was sufficient to support the grounds and that the court properly weighed past conduct against present abilities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports termination for unfitness | Mother argues the State failed to prove unfitness | State contends the record shows habitual substance abuse and failure to meet Children’s needs | Yes; evidence supports unfitness |
| Whether the evidence supports termination for failure to remedy and future inability to care | Mother argues she could remedy circumstances | State argues ongoing history shows inability to remedy | Yes; evidence supports failure to remedy and likely future inability |
| Whether the court properly weighed past conduct against present abilities | Mother argues improper weighing or overemphasis on past conduct | State contends court may weigh totality of evidence, including past conduct | Yes; court properly weighed evidence and credibility was for the court to determine |
| Whether the burden-shifting in termination proceedings was satisfied | Mother argues burden not properly met given corroboration issues | State maintains its burden to prove grounds and best interests | Yes; State established grounds and best interests |
Key Cases Cited
- In re D.G., 938 P.2d 298 (Utah Ct. App. 1997) (clear and convincing standard for termination; grounds supported by evidence)
- In re B.R., 171 P.3d 435 (Utah 2007) (weighing past conduct against present abilities; totality of evidence considered)
- In re E.R., 21 P.3d 680 (Utah Ct. App. 2001) (court may weigh credibility and deny fitness based on evidence weighed by court)
- In re M.L., 965 P.2d 551 (Utah Ct. App. 1998) (weighing history of problems against current actions in termination analysis)
- In re J.B., 53 P.3d 958 (Utah Ct. App. 2002) (evaluates conduct toward other children in context of overall parenting history)
- In re R.A.J., 991 P.2d 1118 (Utah Ct. App. 1999) (recognizes burden on petitioner to prove termination grounds and best interests)