State, in Interest of E. v. Jt

578 P.2d 831, 1978 Utah LEXIS 1283
CourtUtah Supreme Court
DecidedApril 11, 1978
Docket15140
StatusPublished
Cited by16 cases

This text of 578 P.2d 831 (State, in Interest of E. v. Jt) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State, in Interest of E. v. Jt, 578 P.2d 831, 1978 Utah LEXIS 1283 (Utah 1978).

Opinions

WILKINS, Justice:

Appellant, the mother of E. and B., ages 10 and 7, respectively, appeals from an order of the Juvenile Court, Second District, terminating her parental rights. The father’s rights were also terminated by the Juvenile Court order, but he has not joined this appeal. All statutory references are to Utah Code Annotated, 1953, unless otherwise indicated.

The Juvenile Court terminated Mrs. T’s parental rights to E. and B. on the grounds (1) that she was unfit and that (2) she had abandoned these children, within the mean[832]*832ing of Section 78-3a-48(a) and (b)1, which provides:

The Court may decree a termination of all parental rights with respect to one or both parents if the court finds:
(a) That the parent or parents are unfit or incompetent by reason of conduct or condition seriously detrimental to the child; or
(b) That the parent or parents have abandoned the child.

The evidence shows that appellant married her present husband July 6, 1973, and in February 1974, voluntarily placed all five of her children by a previous marriage with the Division of Family Services. She testified that at that time she needed to solve problems of a financial nature, had an alcoholic husband, and wished to see the children in a stable environment while she solved these problems so she could later bring them home. The three older children were placed in foster care in one home. E. and B. are the youngest, and were placed together in another foster home.

The social service caseworker assigned to the cases of E. and B. allowed the mother to visit these children in appellant’s home on March 12, 1974. She was again allowed to visit in June, 1974, but at the Division’s offices.

In July 1974, appellant and her husband moved to Denver, Colorado, where appellant secured a job.2 On September 6, 1974, the caseworker sent a letter to appellant that if she wanted her children returned to her, she must (1) return to Salt Lake City, (2) obtain an adequately sized apartment to accommodate the children and (3) make a determination as to whether the children should live in the same home with the stepfather.

Appellant responded by writing to E. and B., sending the letter through the caseworker, as she had not been informed of the children’s address or phone number. The letter is dated September 17, 1974. Therein, appellant told the children that she loved them, and would return to Salt Lake City to reunite the entire family as soon as she was able to raise enough money. The caseworker wrote to appellant referring to this letter and asking her not to make promises to the children which she could not keep. The caseworker also asked appellant to contact Dave Christensen, social worker, to establish a plan for the return of her children. Appellant wrote to Christensen on October 17, 1974, asking what she could do to have her children returned to her. Christensen responded on November 18, 1974, by letter stating that if appellant decided to stay in Denver she should request a home evaluation from the Denver welfare department; but that she should also consider (1) whether she wanted the children to live with the stepfather, and (2) whether she could ever provide an adequate home for them.

At approximately this time, a new caseworker, Ms. Bowles, was assigned to work with E. and B. On December 7, 1974, appellant wrote to Ms. Bowles of her intention to return to Salt Lake City on the 16th of December 1974. She said she thought she could get a job with McDonald’s Candy Company, and it was her intention to make a home for the children in Salt Lake City. She wanted the children replaced in her home. Appellant arrived in Salt Lake City, and was allowed to visit her older three children, but Ms. Bowles refused to allow her to visit E. and B., saying it was not in the “best interest of the children.” Appellant had Christmas gifts for all of her children, and she gave those for E. and B. to her older children for delivery. At the time of the hearing on this matter, no one could say whether these presents were ever delivered to E. and B.

Appellant was unable to obtain employment in Salt Lake City, and returned to her job and her husband in Denver after Christ[833]*833mas. She arranged for the Denver Department of Social Services to make an evaluation of her home, and leased a three bedroom apartment. She communicated these arrangements to Ms. Bowles in February, 1975. The Denver evaluation was favorable to appellant and her husband, and was received by Ms. Bowles in June of 1975. However, Ms. Bowles testified that she did not believe the evaluation was of sufficient depth; she was reluctant to return the children to a home where the husband was drinking; that she knew appellant’s husband was still drinking for she had reports that he was attending Alcoholics Anonymous regularly; that she had met appellant only once, had never met the husband and had no personal knowledge of the conditions of the home. Instead of taking steps to have the case transferred to Denver, she asked the Denver office to make another evaluation.

In July, 1975, appellant again arrived in Salt Lake City and visited with her older children. She was not allowed to visit with E. and B. as she was told they were out of town on vacation with the foster parents. Ms. Bowles’ testimony in this regard is somewhat ambiguous. She said that she had no advance notice of appellant’s visit, yet she also testified that because appellant was in Salt Lake City, she had an extensive conversation in July with the foster parents concerning the preparation of E. and B. for the possibility of returning to their natural mother.

Appellant returned to Denver, August 5, 1975, and engaged the services of an attorney there in the latter part of that year to help her regain custody of her children. He suggested the name of an attorney in Salt Lake City who could help her, Mr. Glenn Hatch.

On February 9,1976, Ms. Bowles wrote to appellant asking if she had any desire to regain custody of her children. On February 14, 1976, appellant and her husband wrote to Ms. Bowles as follows:

In reply to your letter of Feb. 8, 1976; We have, as always every intent to regain custody of our children. We have retained legal counsel to assist us in this matter so that it can be handled in the manner most expedious [sic] and beneficial to all concerned. In view of present circumstances, and past experience, we request that you refer any further action or inquiry necessary on your part, directly to either of our attorneys, as set forth below: .

The caseworker received a call from Mr. Hatch, who worked for the return of the children, but he died later that spring.

Ms. Bowles petitioned the Juvenile Court to deprive appellant of her parental rights in August of 1976. The second evaluation of appellant’s home was received from the Denver Department of Social Services during the hearing on this matter, and was also favorable to appellant. The Denver office recommended return of the children, and offered to continue to supervise the children’s adjustment to their home in Denver.

Appellant was never given the name of the foster parents who were caring of E. and B., nor was she given the address or phone number where she could reach them, though she had this information concerning the older children, and was allowed to visit the older children each time she was in Salt Lake City.

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State, in Interest of E. v. Jt
578 P.2d 831 (Utah Supreme Court, 1978)

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Bluebook (online)
578 P.2d 831, 1978 Utah LEXIS 1283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-in-interest-of-e-v-jt-utah-1978.