M.L. v. State, 2014 WL 7345743

Father appeals termination of parental rights.
Juvenile court found grounds to terminate under Utah Code 78A-6-507(1)(d) for failure to remedy and substantial likelihood of future inability to provide care.
Court also found termination strictly necessary and in children's best interests; foster family provides necessary structure for children with special needs.
Father completed some service plan components; therapy indicated additional PCIT would be needed (10–12 months, twice weekly) but not guaranteed safe return.
Children have autism spectrum disorder and require highly structured, nurturing care; caseworker supported adoption by foster parents with ongoing contact with birth parents.
Court recognized possibility of further improvement but held not sufficient to regain custody in near future; substantial evidence supported termination.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether grounds support termination under 78A-6-507(1)(d).	Father would improve with more time but evidence shows unlikely to meet needs.	Father had progressed; service plan designed for reunification should lead to reunification.	Yes; evidence supports termination under 507(1)(d).
Whether best interests require termination and adoption.	Continuing services would not guarantee safe return; foster care best for special needs.	Family ties and potential for reunion weigh against termination.	Yes; termination and adoption in children's best interests.
Whether DCFS made reasonable reunification efforts; issue raised nunc pro tunc.	DCFS failed to offer PCIT earlier.	Parents received extensive services; claim lacks merit.	Unpersuasive; reasonable efforts shown given lengthy services.

In re B.R., 171 P.3d 435 (Utah 2007) (clear weight of the evidence standard for factual findings; deference to court's findings)
In re E.R., 21 P.3d 680 (Utah App. 2001) (clearly erroneous standard for reviewing factual findings)