In re S.S., 360 P.3d 16

S.E. appeals the juvenile court’s order terminating her parental rights to A.S. (born July 2010) and S.S. (born June 2012).
In 2012, DCFS removed the children from Mother after Father abused P.P., and the court adjudicated the children as abused or neglected; A.S. and S.S. were placed in a Wyoming foster home with relatives of Father.
Mother moved to Iowa in 2013, had limited contact with the children, and initial reunification efforts were hampered by her absence and non-compliance with DCFS’s requirements.
In July 2013, the juvenile court terminated reunification services and changed permanency goals to termination; at the termination trial in November 2013, Mother appeared by telephonic means and Trial Counsel did not advocate on her behalf (no opening, no cross-examination, no substantive presentation).
The court concluded termination was warranted; on appeal, the court held Trial Counsel provided ineffective assistance, reversing and remanding for a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Trial Counsel’s performance deficient?	S.E. argues counsel failed to open, cross-examine, or present evidence.	State contends performance was reasonable given circumstances.	Counsel’s performance deficient; failure to advocate fell below objective standard.
Did Trial Counsel’s deficiencies prejudice the outcome?	S.E. asserts prejudice because a competent presentation could have changed results.	State contends record shows evidence adequate to sustain termination.	There is a reasonable probability of a different result with effective advocacy.
Did the juvenile court adequately inquire into Mother’s expressed dissatisfaction with counsel?	S.E. contends inquiry was required under In re C.C. and was not performed.	State maintains no proper basis to reverse absent ineffective assistance findings.	Not reached since ineffective assistance established; remand for new proceedings.

In re E.H., 880 P.2d 11 (Utah Ct. App. 1994) (parental-rights termination requires effective counsel)
Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (deficient performance and prejudice standard for ineffective assistance)
Menzies v. Galetka, 150 P.3d 480 (Utah 2006) (abdication of advocacy below objective standard)
State v. Lenkart, 262 P.3d 1 (Utah Supreme Court 2011) (prejudice where diminished credibility affects outcomes)
In re C.C., 48 P.3d 244 (Utah App. 2002) (duty to inquire into a parent's dissatisfaction with counsel in termination proceedings)