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In re C.C. (V.M. v. State)
2012 UT App 265
| Utah Ct. App. | 2012
|
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Case Information

*1 IN THE UTAH COURT OF APPEALS

‐‐‐‐ ooOoo ‐‐‐‐

State Utah, interest C.C., ) PER CURIAM DECISION under eighteen years age. ) Case No. )

)

V.M., ) F I L E D ) (September 2012)

Appellant, )

) App v. )

) Utah, )

)

Appellee. )

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Third District Juvenile, Salt Lake Department, Honorable R. Michie Jr. Attorneys: Jessica T. Taylor, Salt Lake City, Appellant

Mark L. Shurtleff Carol L.C. Verdoia, Salt Lake City, Appellee Martha Pierce, Salt Lake City, Guardian ad Litem ‐‐‐‐‐

Before Judges Thorne. V.M. (Mother) appeals rights. not

challenge exist. Her challenge on appeal best We affirm. *2 ¶2 Mother argued in the juvenile court that one ‐ year ‐ old C.C. should be placed in permanent custody and guardianship, rather than being and that Mother should retain the right to visit or contact C.C. Mother does not argue that she should regain custody, nor does she dispute the juvenile court’s that the had proven several grounds for termination, review the decision “that termination of the parent’s rights is in the best interests of the child.” In re A.C.M. , UT 30, ¶ 23, 221 P.3d 185 (stating that after the court finds that termination exist, the court must determine whether termination of parental rights is in the child’s best interests). “Because of the factually intense nature of such an inquiry, the juvenile court’s decision should be afforded a high degree of deference.” In re B.R. , 2007 82, ¶ P.3d 435. “Thus, in order to overturn the juvenile court’s decision, the result must against the clear weight of the evidence or leave the appellate court with a firm and definite conviction that a mistake has been made.” Id . (internal quotation marks and citation omitted). “When a the decision in the evidence, an appellate court may not engage in a reweighing of the evidence.” Id . ¶3 Although Mother exhibited good or excellent parenting skills in supervised settings, her habitual and continuous use of controlled substances interfered with her ability to a parent to C.C. He was removed from custody when he was just two months old, he has resided most his young life in the same legal risk foster home. The juvenile court found the foster home was a stable, loving home where C.C. was doing well his needs were being met. The foster parents wished to adopt C.C. In contrast, five ‐ week trial home placement with Mother ended unsuccessfully when Mother relapsed was discharged from residential substance abuse treatment program. Mother does not seek to regain custody C.C., but she seek retain rights, which prevent from being After receiving notice date trial, elected not attend the trial either or by telephone. amply supported by evidence presented court. *3 record determination terminate and him affirm rights.

____________________________________

Gregory K. Judge

____________________________________ Z. Judge

William A. Thorne Jr., Judge

Case Details

Case Name: In re C.C. (V.M. v. State)
Court Name: Court of Appeals of Utah
Date Published: Sep 20, 2012
Citation: 2012 UT App 265
Docket Number: 20120564-CA
Court Abbreviation: Utah Ct. App.
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