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In re K.C. (D.C. v. State)
2012 UT App 254
Utah Ct. App.
2012
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Case Information

*1 IN THE UTAH COURT OF APPEALS

‐‐‐‐ ooOoo ‐‐‐‐ Utah, interest ) PER CURIAM DECISION

person under eighteen years age. ) ) Case No.

)

D.C., )

) F I L E D Appellant, ) (September 2012) )

v. )

) Utah, ) )

Appellee. )

‐‐‐‐‐

Third District Juvenile, Salt Lake Department, Honorable C. Dane Nolan

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 Christiansen.

¶1 D.C. (Mother) appeals asserts terminating well affirm. “[I]n order overturn [to person’s rights] ‘the result must leave *2 appellate court a firm definite conviction a mistake been made.’” In B.R. , 2007 UT 82, ¶ 12, 171 P.3d 435 (citation omitted). “review the juvenile court’s factual findings based the clearly erroneous standard.” In re E.R. , 2001 UT App 66, ¶ 11, 21 680. of fact is erroneous only when, light of supporting the finding, the of the evidence. See id. Further, give the juvenile court a “‘wide latitude of discretion as the judgments arrived at’ based only the court’s opportunity judge credibility firsthand, but also based on the court judges’ ‘special training, experience in field.’” Id. (citations omitted). “[w]hen foundation the exists the an appellate court may engage reweighing of evidence.” 2007 found there was sufficient several

statutory justifying the terminations of record determination unfit. When from Division Child Family Services first went home, found conditions “deplorable.” home covered trash, feces on walls, could adequately care her an alleged illness. Thereafter, admitted aware had sexually abused boyfriend, but failed inform authorities She failed substantive abuse obtain counseling need significant classes address own mental health issues, as well issues removal two younger brothers first place. This significant psychological she lacked insight into deficiencies parent. various characteristics identified testing, long term prognosis for change “guarded.” attend regular sessions. As result, had had Accordingly, an unfit parent. ‐ ‐ 78A section Code Utah Pursuant for warrant termination Utah Code Ann. § 78A 507(1) (2008) (providing may all if it

(continued...) *3 ¶4 Similarly, Mother fails to demonstrate that in finding provided services to Mother. caseworker assigned to Mother to coordinate delivery services and to oversee progress. The provided assistance obtaining and provided Mother with referral to Workforce Services, which eventually to Mother’s employment. caseworker did make referrals for housing and Mother indicated that would arrange services herself through Veterans Administration. fails to demonstrate what additional services should offered to her. these circumstances, fails demonstrate that provided sufficient services erroneous. argues evidence support K.C. terminate demonstrated unable or

unwilling demonstrated, part failure pursue classes, was position parent Specifically, “has has necessary parent [K.C.].” There nothing would indicate clearly erroneous. made limited maintain child bond with after moved with father, any support payments assist K.C.’s care. While expressed desire make such payments increase contact with Mother making payments other no longer her care.

¶6 On other hand, father (Father) his wife are providing loving stable home. wife provide physical, economic, and emotional needs. Father’s developed bond with (...continued) finds one grounds listed); F.C. (noting rights). Accordingly, no reason review other relied views figure. stepmother wishes adopt her. Both large extended families bonded families. totality facts, cannot say juvenile ¶7 Accordingly, decision against affirmed. ____________________________________

Gregory K. Judge

____________________________________

James Z. Judge

Michele M. Christiansen, Judge

Case Details

Case Name: In re K.C. (D.C. v. State)
Court Name: Court of Appeals of Utah
Date Published: Sep 13, 2012
Citation: 2012 UT App 254
Docket Number: 20120531-CA
Court Abbreviation: Utah Ct. App.
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