407 P.3d 1053
Utah Ct. App.2017Background
- Mother appealed termination of her parental rights to B.A., arguing ADA protections, insufficiency of unfitness and best-interest findings, and inadequate reunification efforts by DCFS.
- Mother first raised the ADA claim at the end of a two-day termination trial and did not provide medical diagnoses or documentary proof that she was disabled under the ADA.
- Juvenile court found Mother unfit primarily because of habitual/excessive controlled-substance use: delayed/failed substance evaluation, missed drug tests, at least 16 positive drug tests, frequent ER visits suggesting drug-seeking behavior, and failure to follow-up with recommended care.
- The court found the child had medical, dental, developmental, and behavioral needs that improved materially in foster care; foster family addressed physical and developmental problems successfully.
- Mother asserted DCFS failed to accommodate medical issues and did not provide services comparable to those afforded the foster family; she relied on limited medical records and a disability application filed shortly before trial.
- The juvenile court concluded Mother failed to prove an ADA-qualifying disability, was unfit (substance abuse ground alone sufficient), termination was in the child’s best interests, and DCFS made reasonable reunification efforts. The appellate court affirmed.
Issues
| Issue | Mother's Argument | DCFS/State's Argument | Held |
|---|---|---|---|
| ADA applicability / disability status | Mother argued ADA applied and she had ongoing medical issues requiring accommodation | ADA may be invoked late but parent must prove a qualifying disability; Mother offered no diagnosis or proof | Court held Mother failed to establish ADA-qualifying disability; ADA claim unsupported by substantial evidence |
| Unfitness due to substance abuse | Mother argued she was not unfit and challenged characterization of missed tests as positives; claimed prior treatment and compliance | Court relied on missed tests, numerous positive tests, failure to complete treatment, frequent ER visits and drug-seeking behavior | Court held sufficient evidence of habitual/excessive controlled-substance use to find unfitness |
| Best interests of the child | Mother argued child’s behavioral problems stemmed from removal and that lack of supports (vs. foster family) caused deficits; emphasized emotional bond | State emphasized child’s medical, dental, developmental deficits at removal and improvement in foster care; permanency and stability favored termination | Court held termination was in child’s best interests given child’s needs and foster placement improvements |
| Reasonable reunification efforts | Mother argued DCFS imputed substance abuse and failed to accommodate medical issues or provide alternate services | State argued Mother never presented disability evidence or specific requests for accommodations; offered reasonable services focused on issues causing removal | Court held DCFS provided reasonable reunification efforts; Mother did not prove DCFS failed to accommodate a proven disability |
Key Cases Cited
- In re K.C., 362 P.3d 1248 (Utah 2015) (ADA applies to reunification services; parent must prove qualified individual with a disability)
- In re Adoption of Baby B., 308 P.3d 382 (Utah 2013) (mixed questions of law and fact on ADA status merit appellate deference)
- In re A.B., 168 P.3d 820 (Utah Ct. App. 2007) (deferential review of juvenile-court termination findings)
- In re R.A.J., 991 P.2d 1118 (Utah Ct. App. 1999) (termination requires sufficient evidence of unfitness and best interests)