A.A. v. State

2011 UT App 397, 266 P.3d 844, 2011 WL 5885582
CourtCourt of Appeals of Utah
DecidedNovember 25, 2011
DocketNo. 20100878-CA
StatusPublished
Cited by15 cases

This text of 2011 UT App 397 (A.A. v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.A. v. State, 2011 UT App 397, 266 P.3d 844, 2011 WL 5885582 (Utah Ct. App. 2011).

Opinion

OPINION

VOROS, Judge:

1 Appellant A.A. (Mother) challenges the juvenile court's termination of her parental rights. Mother candidly concedes that she is an unfit parent, but nevertheless contends that, on the facts of this case, the State failed to establish, by clear and convincing evidence, that termination was in the best interest of her now thirteen-year-old daughter. We agree and reverse.

BACKGROUND

2 On October 18, 2010, the juvenile court terminated Mother's parental rights in her then fifteen-year-old son, D.L.A. (Son), and then twelve-year-old daughter, D.R.A. (Daughter)1 In March 2009, Mother was admitted to a psychiatric in-patient facility for short-term care, where she was diagnosed with paranoid schizophrenia. The children were taken into the custody of the Division of Child and Family Services (DCFS). Due to Mother's illness, the juvenile court later found that Son and Daughter were dependent children with regard to Mother.2

138 A clinical psychologist performed an evaluation of Mother and confirmed the diagnosis of paranoid schizophrenia, testifying at the termination hearing that she suffered from delusional thoughts and hallucinations and was not able to care for her children or provide a safe environment while she was delusional. Mother denied having any mental health problems and, aside from a few sessions with a therapist, failed to follow through substantially with any mental health treatment.

{4 The children were placed in separate foster care homes, with an initial goal of reunification. Based on Mother's lack of progress, Daughter's permanency goal was changed in December 2009 to adoption or permanent guardianship with a relative, and she was placed on an adoption list. Daughter had mostly been in the same foster home after she had been taken into the custody of DCFS. However, Daughter's foster parents were not willing to adopt at the time, and DCFS had no plans to move Daughter to a foster home with greater potential for adoption. DCFS's attempt to place the children with their aunt was not successful. The DCFS caseworker spoke with one other fam-fly about adoption, but that family also declined. The caseworker testified, however, that families would express "some interest" "every once in a while." The caseworker acknowledged that finding a placement for a twelve-year-old is generally challenging. However, he testified that Daughter was "very adoptable" and that she was "close to the top of the list" in terms of behavior, academics, personality, and likeability.

T5 According to Mother's uncontroverted testimony, Daughter does not wish to be adopted and opposes the termination of Mother's rights. Although Son wished to have nothing to do with Mother, Mother had weekly supervised visits with Daughter. Mother and the caseworker testified that Daughter was happy and affectionate during the visits with Mother and they appeared to have a good relationship. The caseworker testified that Mother generally acted appropriately during the visits. He reported a few recent problems with Daughter's attitude and behavior but acknowledged that these [847]*847problems could be the result of Daughter's awareness of the pending termination proceedings. He also testified that he felt that Daughter held out a false hope of reunification and, despite her positive relationship with Mother, in his opinion Daughter would be benefitted by the permanency and closure that would come with termination of Mother's parental rights. Overall, however, Daughter appeared to be doing well in her foster home, in school, and in her relationship with Mother.

T 6 The juvenile court found that the State had established multiple grounds for termination by clear and convincing evidence: Mother was unfit as a parent due to her mental illness, had been unable or unwilling to remedy the situation, and had demonstrated a failure of parental adjustment. See generally Utah Code Ann. § 78A-6-507(1)(c)-(e) (2008). The court also found by clear and convincing evidence that termination of Mother's parental rights would be in Daughter's best interest. The court acknowledged that there were no immediate prospects for adoption, that Daughter loved her Mother and valued their relationship, and that Daughter was opposed to termination and adoption. The court also acknowledged that Daughter had "flourished" in her current placement, and that any recent deterioration in behavior coincided with the termination proceedings. Yet the court determined that termination was in Daughter's best interest on the following grounds: reunification was not a viable goal; the relationship could not move beyond supervised visits; Daughter was "adoptable" and needed a permanent home, and her relationship with Mother stood as an impediment to achieving permanency; and Daughter would not be open to adoption as long as Mother retained her parental rights. In sum, the court based its best-interest determination on its conclusion that termination would move Daughter toward the permanency goal of adoption.

ISSUE AND STANDARD OF REVIEW

T7 Mother contends on appeal that the evidence is insufficient to support the juvenile court's ruling that termination of Mother's parental rights is in Daughter's best interest. Mother does not challenge the juvenile court's determination that she is an unfit parent. Nor does she challenge the termination of her parental rights with regard to Son.

T8 "Whether a parent's rights should be terminated presents a mixed question of law and fact." In re B.R., 2007 UT 82, ¶ 12, 171 P.3d 435. "Because of the factually intense nature of such an inquiry, the juvenile court's decision should be afforded a high degree of deference." Id. "Thus, in order to overturn the juvenile court's decision{,] '[tlhe result must be 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. (quoting In re Z.D., 2006 UT 54, ¶¶ 34, 40, 147 P.3d 401). While our review is "not abject," we nevertheless "must forebear disturbing the close call." See In re Z.D., 2006 UT 54, ¶¶33-34, 147 P.3d 401 (citation and internal quotation marks omitted). "When a foundation for the court's decision exists in the evidence, an appellate court may not engage in a reweighing of the evidence." In re B.R., 2007 UT 82, ¶ 12, 171 P.3d 435. "It is also appropriate when evaluating whether a result was 'clearly erroneous for the reviewing court to consider the standard of proof the prevailing party below was required to meet." In re Z.D., 2006 UT 54, ¶ 40, 147 P.3d 401 (citation omitted).

ANALYSIS

T9 "In order to terminate parental rights, the juvenile court must make two separate findings, First, it must find grounds for termination under Utah Code section T78A-6-507.... Second, the juvenile court must find that termination of the parent's rights is in the best interests of the child." In re A.C.M., 2009 UT 30, ¶ 23, 221 P.3d 185 (citations omitted); see also Utah Code Ann. §§ 78A-6-503(2), -506(8) (2008). Both findings must be supported by clear and convincing evidence. See Utah Code Ann. § 78A-6-506(8) ("The court shall in all cases require the petitioner to establish the facts by clear and convincing evidence. ..."); Utah R. Juv. P.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re E.R.
2019 UT App 208 (Court of Appeals of Utah, 2019)
In re H.F.
2019 UT App 204 (Court of Appeals of Utah, 2019)
In Interest Of B.T.B.
436 P.3d 206 (Court of Appeals of Utah, 2018)
In re B.T.B.
2018 UT App 157 (Court of Appeals of Utah, 2018)
R.O. v. M.M.
2014 UT App 171 (Court of Appeals of Utah, 2014)
S.K. v. State
2013 UT App 288 (Court of Appeals of Utah, 2013)
In re M.J. and T.J. (J.J. v. State)
2013 UT App 122 (Court of Appeals of Utah, 2013)
J.S.T. v. State
2012 UT App 253 (Court of Appeals of Utah, 2012)
In re J.T. (J.S.T. v. State)
2012 UT App 253 (Court of Appeals of Utah, 2012)
H.K. v. State
2012 UT App 232 (Court of Appeals of Utah, 2012)
In re A.K. and M.K. (H.K. v. State)
2012 UT App 232 (Court of Appeals of Utah, 2012)
J.J. v. State
2011 UT App 398 (Court of Appeals of Utah, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
2011 UT App 397, 266 P.3d 844, 2011 WL 5885582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aa-v-state-utahctapp-2011.