400 P.3d 1230
Utah Ct. App.2017Background
- DCFS removed twins Z.J. and Z.J. (and a newborn sibling) in July 2016 after the mother tested positive for methamphetamine/THC and the newborn tested positive for meth/amphetamine.
- Father lived in Ohio since 2015, had a significant criminal history and active warrants, and did not return to Utah to resolve them.
- An ICPC home-study/placement for Father was not approved because of his criminal history and outstanding warrants.
- Father participated in proceedings by phone and counsel, admitted no contact with the children since 2015 and inconsistent financial support, and said he needed months to get his life in order.
- The juvenile court terminated parental rights, finding abandonment and that adoption would provide security, stability, and protection; Father appealed only the best-interest determination.
Issues
| Issue | Father’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether termination was in children’s best interest | Father argued his lapse in involvement isn’t proof he cannot parent and court undervalued biological relationship and familial association | Court should consider bond with caregivers, need for permanency/stability, and lack of viable parent-child relationship | Affirmed: court lawfully found termination served children’s best interests given abandonment, bond with adoptive caregivers, and need for permanency |
| Whether lack of trial transcript prevents review of factual findings | Father failed to supply transcript | Record deficiency prevents appellate reweighing of evidence; assume regularity of proceedings | Held against Father: absent transcript, factual findings are presumed supported |
Key Cases Cited
- In re B.R., 171 P.3d 435 (Utah 2007) (termination review is a mixed question; juvenile court findings entitled to high deference)
- In re R.A.J., 991 P.2d 1118 (Utah Ct. App. 1999) (two-step requirement: grounds for termination plus best-interest finding)
- In re K.L.S., 345 P.3d 1281 (Utah Ct. App. 2015) (absent adequate appellate record, court must assume regularity of lower-court proceedings)
- In re G.J.C., 379 P.3d 58 (Utah Ct. App. 2016) (best-interest inquiry focuses on child's needs, bond with caregivers, and effect of parent's conduct or inaction)