L.G. v. StateL.G. v. State
Lead Opinion
{1 L.G. (Mother) appeals the juvenile court's termination of her parental rights in AT. and J.B.J. (the Children). Mother argues that she is entitled to reunification services pursuant to Utah Code section 78A-6-312(25)(a). See
BACKGROUND
12 Mother is the biological mother of the Children. J.B. (Father) is the biological father of J.B.J. and the stepfather of AT.
3 On February 4, 2011, Mother was convicted of felony drug offenses. She was sentenced to serve one to fifteen years in the Utah State Prison. At the time of Mother's incarceration, the Children remained with Father. In May, law enforcement authorities received a report that Father had used heroin. Officers obtained a warrant to search the home and found several bags of pills belonging to Father and drug paraphernalia. The Division of Child and Family Services (DCFS) removed the Children from Father's care and placed them in the home of a paternal aunt and her husband (the Foster Parents).
1 4 Thereafter, DCFS identified a primary permanency goal for the Children of reunification with Father. The juvenile court approved a service plan for Father because he was the custodial parent of the Children at the time of removal and Mother was incarcerated for an extended sentence. Father was subsequently charged with several counts of possession of drugs and drug paraphernalia. On August 24, Father was incarcerated in the Utah County Jail. On September 28, the State requested thаt Father's reunification services be terminated due to Father's failure to comply with the service plan objectives and due to his recent incarceration.
15 At the permanency hearing, the juvenile court inquired about the status оf Mother's sentence. Mother's attorney informed the court that Mother had recently been before the parole board and that she had seven months of incarceration remaining and then would spend some time at a half-way house. The juvenile court changed the per-maneney goal for the Children to adoption, stating, "With another seven months [left] it does not appear that there's any reasonable likelihood that [Mother] would be able to put herself in a position to obtain custody of [the Clhildren upon her release."
1 6 The juvenile court held a termination of parental rights trial on February 16, 2012. Mother argued that her parental rights should not be terminated because DCFS failed to make reasonable efforts to provide her with reunification services. The juvenile court was not persuaded, observing that Mother "has been incarcerated for the entire course of this case and reunification services, as a practical matter, could not possibly be provided to her." The juvenile court also rejected Mother's argument stating,
[The permanency goal set by the Court in this case was for reunification with [Father] because he was the custodial parent at the time of removal and because [Mother] was serving a long-term prison sentence. The Service Plan was geared toward services for [Father] and the [CJhildren and DCFS was ordered by the Court to move in that direction. Therefore, [Father], not [Mother], is the parent entitled to reasonable efforts from DCFS.
ISSUES AND STANDARDS OF REVIEW
17 Mother argues that she is entitled to reunification services because the juvenile court failed to comply with Utah Code section 78A-6-312(25)(a), which section provides that when a parent is incarcerated, "the court shall order reasonable services unless it determines that those services would be detrimental to the minor." Utah Code Ann. § (LexisNexis - 2012). Mother also argues that the juvenile court erred by failing to order reasonable reunification services. A decision to order reunification services lies within the sound disceretion of the juvenile court. See In re N.R.,
ANALYSIS
T8 Mother asserts that the juvenile court erred in determining that she was not entitled to reunification services because at the time of the Children's removal Father was the custodial parent and Mother was serving a long-term prison sеntence. Specifically, Mother argues that the juvenile court was required, under Utah Code section T78A-6-312(25)(a), to order reasonable services to her while she was in prison unless the court "determine[d] that those services would be detrimental to the [Children]." See
19 Both the State and the Guardian ad Litem argue that the statute does not require the juvenile court to make a specific finding that reunification services would be detrimental to the Children. They argue that instead of a specific "detrimental to the minor" finding the court need only make findings which demonstrate that reunification services would have been detrimental to the Children. For instance, the State asserts that the juvenile court found that services were never contemplated for Mother because of her extensive history with DCFS wherein she ostensibly improved but quickly reverted to her past behaviors; Mother's extensive history of substance abuse, violent behavior, and criminal activity; and Mother's incarceration before and throughout the proceedings. These findings, the State argues, are sufficient to demonstrate that the juvenile court considered the section 78A-6-312(25)(b) factors that are relevant to a detrimental to the minor finding аnd that the findings that were made demonstrate the court's decision-making process regarding the detrimental to the minor issue.
1 10 This question appears to be governed by section 78A-6-312(25). When interpreting statutes, "our primary goal is to evince the true intent and purpose of the [Utah] Legislature." State v. Davis,
1 11 With these rules in mind, we turn to the pertinent language in section 78A-6-312(25),
(a) If a parent is incarcerated or institutionalized, the court shall order reasonable services unless it determines that those services would be detrimental to the mi-mor.
(b) In making the determination described in Subsection (25)(a), the court shall consider:
(1) the age of the minor;
(ii) the degree of parent-child bonding;
(iii) the length of the sentence;
(iv) the nature of the treatment;
(v) the nature of the crime or illness;
(vi) the degree of detriment to the minor if services are not offered;
(vii) for a minor 10 years of age or older, the minor's attitudе toward the implementation of family reunification services; and
(viii) any other appropriate factors.
Id. (emphases added).
112 Relying on the plain language of the statute, we agree with Mother that the statute requires the juvenile court to order reasonable services to Mother unless it makes an actual determination that those services would be detrimental to the Children. Utah Code
113 Thus, under the statute, a court may only deny reasonable services to an incarcerated individual if thе court "determines that those services would be detrimental to the minor." Utah Code Ann. § T8A-6-312(25)(a) (emphases added). The statute instructs the court to consider several factors when making that determination. See id. § T8A-6-812(25)(b). The State and the Guardian ad Litem, however, assert that the juvenile court is not required to make a specific "detrimental to the minor" determination in order to comply with subsection (25)(a). They argue that the juvenile court complied with subsection (25)(a) by making findings that clearly demonstrate that it considered the factors in subsection (25)(b) in its reunification services decision. We disagree. Considering the factors in subsection (25)(b), without making an actual determination, does not comport with the plain lаnguage requirement of subsection (25)(a) that the court "shall order reasonable services unless # determines that those services would be detrimental to the minor." - See id. § T8A-6-312(25)(a) (emphases added).
14 Webster's Dictionary defines determine to mean "a: to fix conclusively or an-thoritatively" or "b: to settle a question or controversy about: decide by judicial sentence." Webster's Third New International Dictionary Unabridged 616 (1986). Webster's defines determination as "the settling and ending of a controversy esp. by judicial decision: CONCLUSION, DECISION." Id. According to Black's Law Dictionary, determination means "a final decision by a court or administrative agency." Black's Law Dictionary 514 (9th ed.2009). Based on these definitions of the relevant stаtutory terms, we conclude that
CONCLUSION
16 Utah Code
Notes
. The Utah State Legislature has altered Utah Code section 78A-6-312 but has not chosen to change the requirements of subsection (25)(a). Since the relevant time period, the legislature has twice amended section 78A-6-312. See
. The State anticipated Father would be incarcerated for at least one year.
. Because we reverse the matter based on Mother's reunification services argument, we do not address her additional argument that the juvenile court erred in concluding that termination was in the best interest of the Children when it failed to order the statutorily required independent investigation into allegations that the Foster Parents had abused the Children. See Archuleta v. Galetka,
Concurrence in Part
(concurring in part and dissenting in part):
{17 I concur with the majority's opinion with respect to its interpretation of Utah Code
118 The juvenile court's order touches upon the factors enumerated by subsection (25)(b). The court found that DCFS has been involved in the Children's lives almost continuously since A.T. was barely a toddler and throughоut J.B.J.'s entire life. See
1 19 The majority nonetheless reverses the juvenile court's decision and remands for further proceedings because the court did not specifically "articulate a decision that it would be detrimental to the Children to order services to Mother," see supro 1% 15-16. I do not believe such an outcome is warranted here. Instead, I would rule that by following the rubric prescribed by subsection (25)(b), the juvenile court's findings necessarily illustrate that it would be detrimental to the Children to order services to Mother. Accordingly, given this court's ability to "modify ... any order or judgment appealed from,"