R.E. v. B.B.
2011 UT 51
| Utah | 2011Background
- T.E. (the child) was born in 1999; Father and Mother separated, Mother became primary caregiver; Father's visitation was inconsistent, causing behavioral issues for T.E.; Mother obtained a protection order against Father (Feb 2004–Dec 2005) due to marijuana concerns; visitation restored in 2006 but again became inconsistent; Grandmother acted as liaison to schedule visits; Mother filed a second termination petition in Dec 2007 alleging abandonment; juvenile court found prima facie abandonment and that Father did not rebut it; court used Father's statements at the termination hearing to assess best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Abandonment standard applied to rebut the presumption | Mother established prima facie abandonment | Father's rebuttal evidence shows lack of conscious disregard | Court erred by not applying proper standard to rebuttal evidence |
| Token efforts alternative ground | Record shows token efforts to communicate | Father made fewer than token efforts | Court of Appeals erred in affirming on token-efforts ground |
| Use of Father's outbursts in best-interest analysis | Outbursts not probative of best interest | Outbursts are probative of attitude toward parental obligations | Court properly affirmed use of outbursts in best-interest analysis |
Key Cases Cited
- In re T.R.E., 213 P.3d 877 (Utah Ct. App. 2009) (abandonment framework; token efforts discussion; appellate review of evidence)
- J.C.O. v. Anderson, 734 P.2d 458 (Utah 1987) (importance of demeanor in determining best interests)
- In re J.P., 648 P.2d 1364 (Utah 1982) (constitutional protections in termination proceedings)