In re Z.H. (H.M. v. State)
2013 UT App 195
| Utah Ct. App. | 2013Background
- Mother appealed termination of her parental rights entered March 25, 2013, by the juvenile court.
- Juvenile court found Mother unfit/incompetent based principally on habitual/excessive controlled substance abuse making her unable to care for the child.
- Mother has a long history of illegal substance abuse beginning in adolescence and continued use during the proceedings.
- Mother was referred for substance abuse assessment and treatment but delayed assessment, provided false information in the assessment, tested positive on drug screens, and refused recommended intensive outpatient treatment.
- Child formed a strong, healthy bond with foster family that provides stability and intends to adopt; juvenile court found termination of Mother’s rights served the child’s best interests.
Issues
| Issue | Mother’s Argument | State’s/Respondent’s Argument | Held |
|---|---|---|---|
| Whether evidence supports finding Mother unfit/incompetent due to substance abuse | Insufficient evidence to conclude Mother is unfit or incompetent | Record shows extensive, ongoing substance abuse and failure to complete treatment, supporting unfitness | Court affirmed finding Mother unfit/incompetent |
| Whether State made reasonable efforts to provide services | Services were not reasonable or sufficient | Mother received assessment referral, treatment referrals, and other services but failed to complete them or be truthful | Court held State made reasonable efforts |
| Whether termination is in child’s best interest | Termination not in child’s best interest | Child bonded to foster family that provides stability; Mother unable/unwilling to provide appropriate home | Court affirmed termination as in child’s best interest |
| Standard of appellate review over juvenile court fact findings | Appellant urges reexamination of evidence | Appellate court should not reweigh evidence; defer to juvenile court credibility findings | Court applied clearly erroneous standard and declined to reweigh evidence |
Key Cases Cited
- In re B.R., 171 P.3d 435 (Utah 2007) (articulates appellate review standard and forbids reweighing evidence)
- In re L.M., 37 P.3d 1188 (Utah Ct. App. 2001) (juvenile court best positioned to assess witness credibility)
- In re E.R., 21 P.3d 680 (Utah Ct. App. 2001) (factual findings reviewed under clearly erroneous standard)
- In re R.A.J., 991 P.2d 1118 (Utah Ct. App. 1999) (court must find termination serves child’s best interests after grounds for termination are established)