A.M. v. State (In re A.S.)

A.M. v. State (In re A.S.)

IN THE UTAH COURT OF APPEALS

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State of Utah, in the interest of A.S., a person under eighteen years of age.

______________________________

A.M.,

Appellant,

v.

State of Utah,

Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030464-CA
 

F I L E D
(February 12, 2004)
 

2004 UT App 28

 

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Third District Juvenile, Salt Lake Department

The Honorable Kimberly K. Hornak

Attorneys: John E. Laherty, Salt Lake City, for Appellant

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

Martha Pierce, Salt Lake City, Guardian Ad Litem

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Before Judges Billings, Jackson, and Thorne.

JACKSON, Judge:

A.M. (Mother) appeals the decision of the juvenile court to terminate her parental rights in A.S., her daughter. Under the terms of Utah Code Annotated section 78-3a-407(1) (2003), a juvenile court judge "may terminate all parental rights with respect to a parent if it finds any one of" nine separate conditions to be present. (Emphasis added.) It is well- established in Utah law that a termination order need not be based on any combination of the enumerated conditions; instead, a juvenile court's finding that any one of the conditions has been met is by itself sufficient to justify a termination decision. See In re D.B., 2002 UT App 314,¶13 n.4, 57 P.3d 1102; In re M.E.C., 942 P.2d 955, 960 (Utah Ct. App. 1997).

Here, the juvenile court specifically found that termination of Mother's parental rights was separately justified under five of the conditions enumerated under Utah Code Annotated section 78-3a-407(1). Specifically, the court found that termination was appropriate due to: (1) Mother's neglect of A.S.; (2) Mother's unfitness or incompetency as a parent; (3) Mother's inability to remedy the circumstances leading to an out-of-home placement; (4) Mother's failure of parental adjustment; and (5) Mother's substantial failure to give A.S. proper parental care and protection following a period of trial home placement. See Utah Code Ann. § 78-3a-407(b)-(e), (h).

As set forth in her brief and at oral argument before this court, Mother has only contested the juvenile court's determination that she was an unfit parent. She has not argued that the court erred in its conclusions regarding any of the other four conditions. "As a result, we accept these findings as adequately supported by the record. . . ." In re M.E.C., 942 P.2d at 960. Thus, insofar as any of these grounds "can independently support the juvenile court's order to terminate" her parental rights, id., we hold that the juvenile court did not err when it terminated Mother's parental rights in A.S.

Affirmed.

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Norman H. Jackson, Judge

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WE CONCUR:

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Judith M. Billings,

Presiding Judge

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William A. Thorne Jr., Judge