State Ex Rel. Ck

996 P.2d 1059, 2000 WL 64306
CourtCourt of Appeals of Utah
DecidedJanuary 27, 2000
Docket990068-CA
StatusPublished
Cited by1 cases

This text of 996 P.2d 1059 (State Ex Rel. Ck) 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
State Ex Rel. Ck, 996 P.2d 1059, 2000 WL 64306 (Utah Ct. App. 2000).

Opinion

996 P.2d 1059 (2000)
2000 Utah Ct. App. 011

STATE of Utah, in the Interest of C.K. and J.K., persons under eighteen years of age.
State of Utah, Appellant,
v.
C.K. and S.K., Appellees.

No. 990068-CA.

Court of Appeals of Utah.

January 27, 2000.

*1060 Jan Graham, Atty. Gen., and John Peterson, Attorney General's Office, Salt Lake City, for Appellant.

Scott L. Wiggins, Arnold & Wiggins, PC, Salt Lake City, for Appellee C.K.

John E. Laherty, Laherty & Associates, PC, Salt Lake City, for Appellee S.K.

Martha Pierce, Salt Lake City, Guardian Ad Litem.

Before GREENWOOD, P.J., BENCH, and BILLINGS, JJ.

OPINION

GREENWOOD, Presiding Judge:

¶ 1 The State appeals the juvenile court's denial of its petition to terminate S.K.'s (Mother's) parental rights to C.K. and J.K. We affirm.

RELEVANT FACTS

¶ 2 C.K. (Father) and Mother are the natural parents of C.K., a ten-year-old boy, and J.K., a nine-year-old boy. Father and Mother divorced, and Mother had custody of the children. Mother then married Mark Garrard, who also had custody of three of his own children. Mr. Garrard brought those children to live in the home with Mother, C.K., and J.K. Another child, R.G., was later born to Mother and Mr. Garrard.

¶ 3 On June 13, 1995, all six children were removed from the home after allegations of physical abuse and head lice infestation. The *1061 children returned to the home approximately two months later under Family Preservation and Protective Supervision Services from the Department of Child and Family Services (DCFS). Upon motion by the State, the juvenile court dismissed the pending petition on January 24, 1996.

¶ 4 Nevertheless, reports of physical abuse, physical and medical neglect, and emotional maltreatment continued, and, on July 1, 1996, the children were again removed from the home after one of the children phoned the police. The child reported that he and the other children were hungry because Mother had locked up the food. Indeed, inspecting the home, police found the cupboards locked and filthy conditions in the home. The children all had head lice and had eaten only once in the past twenty-four hours.

¶ 5 At the resulting shelter hearing, the court awarded custody of C.K. and J.K. to DCFS. Father, who had remarried, requested custody, which the court denied because conditions at his home were unsuitable at that time. The other siblings were placed with relatives.

¶ 6 DCFS provided Mother and Father separate service plans with a return-home goal. Mother was required to (1) undergo a psychological evaluation and follow any resulting recommendations, and (2) locate and maintain a permanent, clean residence. The service plans were to run from August 16, 1996, to February 16, 1997.

¶ 7 Another set of separate service plans was issued to both parents on February 16, 1997. Mother's new plan required her to (1) participate in individual therapy, (2) attend anger management classes, (3) attend parenting classes that focus on learning-disabled children or children who suffer from attention deficit hyperactivity disorder, and (4) maintain a permanent, clean residence. This plan was to continue until August 16, 1997.

¶ 8 At the twelve-month dispositional hearing, see Utah Code Ann. § 78-3a-311 (1996 & Supp.1999), the juvenile court found DCFS had provided appropriate services to the parents but that the parents had only partially completed the service plans. Based upon unrebutted evidence from the children's therapist that visits between the parents and C.K. and J.K. were not helpful to the children, the court concluded the children could not be safely returned to either parent and ordered termination of reunification services. See id. The court also suspended all visitation between both parents and the children.[1]

¶ 9 That same day, the State filed a petition on behalf of C.K. and J.K. to terminate parental rights of both parents. The petition alleged that (1) the parents had abused C.K. and J.K., (2) the parents were unfit or incompetent, (3) the parents did not remedy the circumstances leading to the children's removal, (4) the parents failed to make adjustments required to allow return of the children, (5) the parents only made token efforts toward retaining their parental rights, and (6) the children's best interests favored adoption by other parents.

¶ 10 Trial on the State's petition occurred on May 7, 8, and 28, 1998, during which both parents and the State presented witnesses and exhibits. After conclusion of the trial, the trial court entered its findings of fact. Regarding Mother's unfitness or incompetence as a parent, see Utah Code Ann. § 78-3a-407(3) (1996), the court found that C.K. and J.K., as well as the other children, were physically abused by Mr. Garrard and neglected while in Mother's care. Because Mr. Garrard had moved out of the home, however, the trial court found that the physical abuse basis for removing the children "had been resolved." The court also found that Mother did not understand and was incapable of caring for, the special needs of C.K. and J.K.[2] Finally, despite Mother's efforts to seek out and pursue parenting services, the trial court found her success during counseling did not necessarily prove she was capable of handling C.K. and J.K. As the trial court noted, "her inability to cope with five *1062 children who `destroyed' the home when they returned from school and her expressed inability at visits to deal with C.K. and J.K. unless they were medicated, suggest that she may not be able to parent these children who have special needs."

¶ 11 Addressing Father's and Mother's failure to remedy the circumstances surrounding the removal of their children from Mother's home, see Utah Code Ann. § 78-3a-407(4) (1996), the trial court found differing attitudes in each parent. Father was very interested in the children during his visits with them. Mother, on the other hand, would not agree to visits with the children unless they were medicated. She also attempted to disrupt Father's visits with the children by making malicious reports to DCFS about Father. Both C.K. and J.K. expressed interest in visiting their father, but made no such comments about visiting their mother.

¶ 12 The trial court acknowledged that each parent had been issued two separate service plans. The court found that each parent had complied with their service plans; however, Mother's compliance, the court noted, was motivated by the fact that they were required, not by "a genuine effort to modify the circumstances which led to [her children's] removal." The court found that Father, with the help of his wife, could appropriately parent the children.

¶ 13 Finally, in considering the best interests of each child, see Utah Code Ann. § 78-3a-402(2) (1996), the court recounted the testimony of the children's psychologists, who had suggested the children be placed together in the same home.

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Related

In Re Adoption of T.H.
2007 UT App 341 (Court of Appeals of Utah, 2007)

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Bluebook (online)
996 P.2d 1059, 2000 WL 64306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ck-utahctapp-2000.