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In re Z.H. (H.M. v. State)
2013 UT App 195
| Utah Ct. App. | 2013
|
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Case Information

*1 Before J UDGES T HORNE V OROS AND C HRISTIANSEN .

PER CURIAM:

¶1 H.M. (Mother) appeals court’s March order affirm. asserts She insufficient with

services. overturn

In re sufficiency of the evidence, “[t]he result be against the clear weight of the evidence or leave the appellate court a firm and definite conviction a mistake has been made.” In B.R. , UT 82, ¶ 12, 171 P.3d juvenile court is the position weigh conflicting testimony, assess credibility, from such determinations, render findings of fact. See L.M. 2001 UT App 314, ¶¶ 10– 12, 37 P.3d “review the juvenile court’s factual findings based upon the clearly erroneous standard.” re E.R. 2001 21 finding of fact is clearly erroneous only when, light of supporting finding, is against clear weight of evidence. See id. Furthermore, we give juvenile court a “‘wide latitude discretion as judgments arrived at’ based upon only opportunity judge credibility firsthand, but based on court judges’ ‘special training, experience interest this field.’” Id. Finally, “[w]hen a foundation for court’s exists evidence, appellate may engage a evidence.” ¶3 is unfit or incompetent Although found additional supporting termination her this need review each alternative ground termination, as finding parent unfit or sufficient ground warrant termination Utah Code Ann. § 78A ‐ ‐ 507(1) (LexisNexis 2012). court may adjudicate parent if parent’s habitual excessive use intoxicating liquors, controlled substances, dangerous drugs render unable care See id. § 78A ‐ ‐ 508(2)(c). that has extensive history controlled abuse, renders care abused

several substances since fifteen years old. Mother continued drugs during these welfare proceedings. Although *3 reasonable efforts to provide with services, the record indicates that she was provided with reasonable services. Mother was referred drug and alcohol assessment in June Mother did not complete assessment until September 5, Mother was not truthful assessment and she represented that she did not abuse substances. Following a series positive drug tests, was referred to intensive outpatient treatment program. However, she refused to enter the recommended drug treatment program because she did not want to undertake intensive drug treatment therapy. The record also demonstrates that did successfully complete the recommendations providers address the long term goals sobriety. demonstrate that the by that and that and services were provided her. next that was determination that it was

best interest terminate Mother’s parental rights. If are sufficient terminate actually do so, “the [next] find that best interests and welfare child are served parents’ rights.” R.A.J. This may engage that before court. The record child’s parental child does have healthy bond with Mother, and unwilling appropriate home environment demonstrates child developed a healthy bond his foster family, provides necessary structure, stability, predictability has become integrated into foster where he receives proper care, parenting, love, stability he requires. foster *4 wants adopt demonstrate rights. ¶7 Accordingly, affirmed.

Case Details

Case Name: In re Z.H. (H.M. v. State)
Court Name: Court of Appeals of Utah
Date Published: Aug 1, 2013
Citation: 2013 UT App 195
Docket Number: 20130338-CA
Court Abbreviation: Utah Ct. App.
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