State Ex Rel. Bo, 262 P.3d 46

J.C. (Mother) appeals a juvenile court's order terminating her parental rights to B.O. under Utah Code §78A-6-507(1).
The court held that grounds existed to terminate due to unfitness and inability to remedy conditions, and that termination was in B.O.'s best interests.
B.O. resided with a relative, D.O., who wished to adopt and provide stable care.
Mother admitted marijuana use, missed drug tests, and later admitted heroin use after trial; drug issues weighed against parental fitness.
The court considered Mother’s compliance with a Child and Family Plan and found little motivation or ability to correct deficiencies.
The court declined to reinstate reunification services, noting no right to such services and the State’s discretion given Mother’s resistance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court abused by limiting evidence at the February 2 hearing	Mother asserts error by restricting rebuttal evidence.	State contends scope properly limited; parties had opportunity to present evidence.	No abuse; limit was proper
Whether the court erred in not reinstating reunification services	Mother argues she should receive reunification services.	State notes no right to such services and discretion to refuse.	Discretion to deny reinstatement affirmed
Whether habitual drug use and failure to remedy supported termination	Mother admits some drug use and tests; evidence shows ongoing problem.	State emphasizes weight of evidence supports unfitness and failure to remedy.	Weight of evidence supports finding of unfitness
Whether failure to comply with Child and Family Plan can support termination	Noncompliance may be evidence of incapacity to parent.	Noncompliance alone cannot terminate; must be considered with other factors.	Compliance considered; not sole basis, but supports termination
Whether termination was in B.O.'s best interests	Mother's instability endangers B.O.; termination serves child's needs.	D.O. provides a stable, caring home; bond with Mother insufficient to outweigh needs.	Termination in best interests of the child

In re B.R., 2007 UT 82 (Utah) (appellate deference to juvenile court findings in termination cases)
In re L.M., 2001 UT App 314 (Utah App. 2001) (juvenile court best positioned to weigh conflicting testimony)
In re A.G., 2001 UT App 87 (Utah App. 2001) (clear error standard for findings; weight of evidence governs)
In re N.R., 967 P.2d 951 (Utah Ct. App. 1998) (reunification services discretionary; substantial evidence needed for denial)
In re W.P.O., 2004 UT App 451 (Utah App. 2004) (kinship considerations and termination context)
In re K.S., 737 P.2d 170 (Utah 1987) (parental rights termination requires clear and convincing evidence of unfitness and best interests)
In re R.A.J., 1999 UT App 329 (Utah App. 1999) (best interests analysis in termination determinations)
In re F.C. III, 2003 UT App 397 (Utah App. 2003) (grounds for termination; standard and burden on showing neglect/unfitness)
In re J.D., 2011 UT App 184 (Utah App. 2011) (consideration of physical, mental, and emotional needs in best interests)