State v. State
437 P.3d 640
| Utah Ct. App. | 2018Background
- In 2016 Child reported sexual abuse by Father; DCFS removed Child and her sister and criminal charges followed; Father admitted some sexual touching and later pled guilty to reckless child abuse.
- Juvenile court found abuse, imposed a presumption against reunification but nonetheless ordered reunification services and a Child and Family Plan; visitation restricted to therapy-based contact.
- Father completed some substance-abuse and domestic-violence treatment but attended only one or two individual sessions addressing sexual appropriateness and had inconsistent drug testing compliance.
- DCFS moved to terminate Father's parental rights in April 2017; before the termination trial Father pled guilty and his psycho-sexual evaluator issued an addendum with more intensive treatment recommendations.
- The juvenile court found DCFS made reasonable efforts, concluded Father was an unfit/incompetent parent and had failed parental adjustment, and terminated Father's parental rights, placing the children with maternal grandparents.
Issues
| Issue | Father's Argument | DCFS/Respondent's Argument | Held |
|---|---|---|---|
| Whether juvenile court violated due process by delaying reunification pending criminal case | Father: court improperly tied reunification to criminal resolution and waited, violating due process | DCFS: issue not preserved below; no exception applies | Not considered on appeal—unpreserved |
| Whether court violated due process by relying on facts outside the record | Father: court conducted independent investigation and relied on evidence he couldn't challenge | DCFS: claim unpreserved; record does not support improper independent factfinding | Not considered on appeal—unpreserved |
| Whether DCFS made "reasonable efforts" to provide reunification services | Father: DCFS failed to provide evaluator info timely and denied reasonable visitation, impeding compliance | DCFS: timely referrals, adopted and monitored plan, court repeatedly found efforts reasonable | Affirmed—finding was not against clear weight of evidence |
| Whether sufficient evidence supported termination (unfitness/failure of parental adjustment) | Father: he complied with services and substance treatment; abuse was intoxication-related and treated | DCFS: Father admitted abuse, failed to complete required sexual-appropriateness therapy, missed tests, delayed services | Affirmed—evidence supports unfitness and failure to remedy removal causes |
Key Cases Cited
- In re J.B., 53 P.3d 968 (Utah Ct. App. 2002) (due process violated when juvenile court relied on facts father lacked chance to challenge)
- In re S.A., 37 P.3d 1172 (Utah Ct. App. 2001) (criminal and juvenile proceedings are independent; concurrent proceedings do not alone violate due process)
- State v. Johnson, 416 P.3d 443 (Utah 2017) (preservation rule: parties must raise issues below or appellate review is typically barred)
- In re K.F., 201 P.3d 985 (Utah 2009) (juvenile courts afforded broad discretion; factual findings reviewed for clear error)
- In re K.K., 397 P.3d 745 (Utah Ct. App. 2017) (reasonableness of reunification efforts is objective but reviewed under clear-error standard)
- In re B.C., 428 P.3d 18 (Utah Ct. App. 2018) (termination factual findings reviewed for clear error)