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State ex rel. E.R. v. State

Court of Appeals of Utah

December 19, 2019

State of Utah, in the interest of E.R., a person under eighteen years of age.
v.
State of Utah, Appellee. J.R., Appellant,

          Fourth District Juvenile Court, Provo Department The Honorable F. Richards Smith No. 1012098

          Margaret P. Lindsay, Attorney for Appellant

          Sean D. Reyes, Carol L.C. Verdoia, and John M. Peterson, Attorneys for Appellee

          Martha Pierce, Guardian ad Litem

          Judge Michele M. Christiansen Forster authored this Opinion, in which Judges Gregory K. Orme and Kate Appleby concurred.

          CHRISTIANSEN FORSTER, JUDGE:

         ¶1 J.R. (Mother) appeals the juvenile court's termination of her parental rights to E.R. We affirm.

         BACKGROUND

         ¶2 The Division of Child and Family Services (DCFS) has been involved with Mother and her family on and off since 2008. Between 2008 and Mother's termination trial in 2018, DCFS made multiple supported findings of environmental neglect against both Mother and her husband (Father) with respect to their three children, as well as findings of emotional maltreatment, emotional abuse, domestic-violence abuse, and physical abuse against Father.

         ¶3 E.R. is the youngest of Mother's three children and was eleven years old at the time of Mother's termination trial. E.R. "has been diagnosed with behavioral and emotional dysregulation, secondary post-traumatic stress disorder (PTSD), mood disorder and Asperger's." E.R. has severe behavioral problems, including aggression and suicidal ideation.

         ¶4 Mother and Father divorced in 2013. "The current case was initiated in January 2016 when DCFS supported a finding of dependency against the parents as to" E.R. after he was hospitalized twice in the course of a month. The Utah State Hospital accepted E.R. for admission but eventually withdrew its placement offer after Father refused to consent to his hospitalization. Subsequently, DCFS sought and obtained a warrant to take E.R. into protective custody. The juvenile court awarded legal custody and guardianship of E.R. to DCFS and set concurrent goals for E.R. of reunification with Mother or permanent custody and guardianship with a relative.[1] DCFS first placed E.R. at the Utah State Hospital and later placed him with a foster family. On November 30, 2016, the court terminated reunification services after finding that neither parent was in substantial compliance with the reunification plan. The court then "set a primary goal of adoption with a concurrent goal of permanent custody and guardianship." On September 28, 2017, the State filed a petition to terminate Mother's and Father's parental rights, which was later bifurcated. The court terminated Father's parental rights following a trial in March 2018.

         ¶5 Mother's termination trial was held in August and November 2018, following which the court terminated Mother's parental rights. The court found that Mother had made "some progress" in therapy but that she "continues to minimize her own issues and the role she played in the difficulties in her home." The court attributed her progress "partly to her years of treatment, and partly to the fact that she has not been parenting [E.R.] for the last three years." It further found that although E.R. and Mother are bonded and have had appropriate contact in their bi-weekly visits, Mother "does not possess the skills needed to effectively parent [E.R.] over time." The court found grounds for termination based on its determination that Mother is "an unfit or incompetent parent," that there had "been a failure of parental adjustment," and that Mother had not remedied the circumstances causing E.R. to be in an out-of-home placement and was unlikely to be capable of exercising proper parental care in the future. See Utah Code Ann. § 78A-6-507(1)(c)-(e) (LexisNexis 2018).

         ¶6 The court found that E.R. had made "significant progress" through the "intense treatment he received at the State Hospital," "ongoing treatment," and the skills and efforts of his foster family. It found that E.R. was "bonded with his mother, and desires to have ongoing contact with her," and that the "foster parents are supportive of appropriate ongoing contact between [E.R.] and his now-adult siblings, and between [E.R.] and his mother, and have encouraged such contact." The court believed that "[i]f the foster parents were to adopt [E.R., ] they would continue to support that contact as long as it is healthy for [E.R.] and in his best interest."

         ¶7 The court found that it was in E.R.'s best interest to be adopted by the foster parents. It observed that E.R. "has a particular aversion to anything court related" and that court proceedings cause him significant distress. For this reason, the court determined that E.R. "has a significant need for stability in his placement" and that awarding permanent custody and guardianship to the foster parents, rather than terminating Mother's rights and permitting him to be adopted, "would be detrimental to [him], and deny him the sense of permanency and stability that he so desperately needs." The court therefore determined that ...


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