State Ex Rel. Mc

2003 UT App 429, 82 P.3d 1159, 2003 WL 22909216
CourtCourt of Appeals of Utah
DecidedDecember 11, 2003
Docket20021058-CA
StatusPublished

This text of 2003 UT App 429 (State Ex Rel. Mc) 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. Mc, 2003 UT App 429, 82 P.3d 1159, 2003 WL 22909216 (Utah Ct. App. 2003).

Opinion

82 P.3d 1159 (2003)
2003 UT App 429

STATE of Utah, in the interest of M.C. and S.C. aka M.H., persons under eighteen years of age.
R.C., Appellant,
v.
State of Utah, Appellee.

No. 20021058-CA.

Court of Appeals of Utah.

December 11, 2003.

*1160 Justin Gary Jensen, Draper, for Appellant.

Mark L. Shurtleff, Atty. Gen., and John M. Peterson, Asst. Atty. Gen., Salt Lake City, for Appellee.

Martha Pierce, Salt Lake City, Guardian Ad Litem.

Before BILLINGS, Associate P.J., GREENWOOD, and ORME, JJ.

OPINION

ORME, Judge:

¶ 1 A father appeals the juvenile court's order terminating his parental rights to his daughters, M.C. and S.C. The father seeks reversal of the termination order, arguing, inter alia, that the juvenile court failed to find that DCFS made "reasonable efforts to provide [reunification] services" pursuant to Utah Code Ann. § 78-3a-407(3)(a) (2002). We hold that the father's arguments are without merit and affirm.

BACKGROUND

¶ 2 M.C. was born on April 10, 2000. Shortly thereafter, M.C.'s half-sister[1] was adjudicated a neglected child, and permanent custody of the half-sister was granted to these girls' maternal grandmother. The juvenile court retained jurisdiction over M.C. and her mother.[2]

¶ 3 When M.C. was three months old, her mother fled with her to Missouri to live with M.C.'s father, appellant R.C. (Father). The juvenile court issued a bench warrant for M.C.'s mother and a "pick-up" order for M.C. On April 8, 2001, S.C. was born. Two months later, the mother returned to Utah with S.C. and M.C. (the children) and turned herself in. The court found that the mother was in violation of a "no contact" order in reference to Father, which was issued due to "a history of [the two] having committed domestic violence in the presence of the children." The mother was subsequently incarcerated on the outstanding warrant, and temporary custody of the children was awarded to their maternal grandmother.

¶ 4 On November 1, 2001, the State filed a petition with the juvenile court, asking it to find that the children were neglected within the meaning of Utah Code Ann. § 78-3a-103(1)(s)(i)(C), (E) (2002).[3] At a dispositional hearing held the same day, the court found that despite "reasonable and persistent efforts" by the Division of Child and Family Services (DCFS) "to prevent out of home placement," allowing the children to continue to live in the home "would be contrary to the[ir] welfare." The children were placed in the custody of DCFS, and the court ordered that Father should have no contact with the children, their mother, or the children's maternal grandparents.

¶ 5 On November 27, 2001, the juvenile court held a pretrial hearing on the State's *1161 neglect petition. Because Father's appeal turns on the procedural history of this case, we review that history in detail.

¶ 6 The children's mother admitted the allegations contained in the petition, and the children were adjudicated neglected as to the mother. Father denied the neglect allegations in part, so the court ordered that adjudication on the petition as to Father would take place at a future date. The court also ordered, inter alia, the following:

1. Previous order of temporary custody and guardianship of said children with [DCFS] is hereby continued.
2. [Father] shall have no contact with the mother or the [children's maternal grandparents.]
3. The mother shall have unsupervised visitation with the children.
4. [Father] shall have supervised visitation [with the children] as deemed appropriate by DCFS, contingent upon clean urinalysis tests.
5. The Court hereby orders that an expedited ICPC[4] occur on the father's home in Missouri.
6. The State is to develop and provide a service plan within 15 days which will be adopted as part of today's order unless objected to by counsel within 5 days of receipt. Copies of the service plan are to be distributed to all counsel.
7. The Court directs that the State provide Reunification Services for the mother.

¶ 7 Adjudication on the neglect petition as to Father was scheduled for January 4, 2002. Father failed to attend the January 4 hearing, however, so the court entered a default judgment against him, finding the neglect allegations against Father "to be true and correct by clear and convincing evidence." The court also ordered, among other things, that "[t]emporary custody and guardianship of the children shall continue with [the children's maternal grandparents]," and that "DCFS shall prepare a service plan for father within 15 days from the date of this hearing."

¶ 8 DCFS implemented a service plan on January 15, 2002, which stated, among other things, that "in order for [Father] to be considered for reunification with his children he needs to be able to demonstrate that he is able to provide for his children's basic needs." Thus, the service plan required Father to "provide clean [urinalysis tests], ensure a stable income and demonstrate appropriate parenting skills for a period of at least three months."

¶ 9 On April 4, 2002, the juvenile court granted a trial home placement of the children with the mother. The court also ordered DCFS to "provide Family Preservation services to the family of said children" and ordered that "Peer Parenting" and "Protective Supervision Services" should be included in the service plan. The record indicates Father did not attend the April 4, 2002, hearing. At or around that time, however, Father, who had been living in Missouri, returned to Utah.

¶ 10 In a sworn affidavit, Ms. Mostert, a DCFS caseworker, testified that she "received several reports from the [children's] maternal grandparents that [the mother] was having contact with [Father] while she was exercising visitation with her children." Ms. Mostert further testified that, "[t]o ensure the safety of the children, I conducted a walk-through of [the mother's] home and specifically instructed her not to have contact with [Father] as that would be a violation of the Court's Order and would place the children at risk. [The mother] assured me that [Father] would not be present during visitation."

¶ 11 However, on April 23, 2002, during a telephone conversation between Ms. Mostert and the mother, Father "took the phone from [the mother] and reported to [Ms. Mostert] *1162 that he and [the mother] ha[d] been spending a lot of time together in violation of the no contact order." Father continued this unsolicited confession by admitting that he had been "hiding under the bed" at the time of Ms. Mostert's visit to the mother's home.

¶ 12 During the spring of 2002, numerous incidents of domestic violence occurred between the mother and Father, many of which required intervention by law enforcement. In her affidavit, Ms. Mostert testified regarding one such incident as follows:

On May 13, 2002, [the mother] contacted the Salt Lake City Police Department and reported that [Father] had violated a protective order and assaulted her.... When the police responded, [the mother] and [Father] reported that they had been living together for approximately one week.

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R.C. v. State
2003 UT App 429 (Court of Appeals of Utah, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
2003 UT App 429, 82 P.3d 1159, 2003 WL 22909216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mc-utahctapp-2003.