2013 UT App 108
Utah Ct. App.2013Background
- The juvenile court terminated Father’s parental rights to his children R.T. and B.T.
- Father challenges the trial court’s best-interests determination for termination.
- Utah appellate review deferentially reviews factual findings; reweighing is disfavored when a foundation exists.
- Evidence showed a history of violence and anger, with Father failing to internalize lessons from services and classes.
- Father was unemployed for the case duration and provided no child support.
- Children were in a safe, stable placement, thriving and well-integrated, with potential for adoption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was termination in the children’s best interests? | Father | Father | Yes |
| Was there sufficient evidence of parental unfitness to support termination? | Father | Father | Evidence supported unfitness and best-interests finding |
| Did the court err in weighing prior conduct and ongoing risk vs. rehabilitation efforts? | Father | Father | No; court did not reweigh evidence without error |
Key Cases Cited
- In re E.R., 21 P.3d 680 (Utah App. 2001) (standard of review for juvenile findings; clearly erroneous when against weight of evidence)
- In re R.A.J., 991 P.2d 1118 (Utah App. 1999) (deference to juvenile court credibility and findings)
- In re B.R., 171 P.3d 435 (Utah 2007) (do not reweigh evidence when foundation exists)
- In re J.D., 257 P.3d 1062 (Utah App. 2011) (unfitness may be probative of best-interests and other factors)
- In re L.M., 37 P.3d 1188 (Utah App. 2001) (credibility determinations reside with trial court)
- In re A.K., 285 P.3d 722 (Utah App. 2012) (preservation and review of evidentiary objections)
- State v. Carter, 776 P.2d 886 (Utah 1989) (court not required to address every argument on appeal)