D.J. v. State (In re D.J.,Jr.)

D.J. v. State (In re D.J.,Jr.)

IN THE UTAH COURT OF APPEALS
 

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State of Utah, in the interest of D.J., Jr., a person under eighteen years of age.

______________________________

D.J.,

Appellant,

v.

State of Utah,

Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030801-CA
 

F I L E D
(October 28, 2004)
 

2004 UT App 377

 

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Third District Juvenile, Salt Lake Department

The Honorable Elizabeth A. Lindsley

Attorneys: Jeffrey J. Noland, Salt Lake City, for Appellant

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

Martha Pierce and Brent J. Newton, Salt Lake City, Guardians Ad Litem

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Before Judges Bench, Davis, and Orme.

ORME, Judge:

We have determined that "[t]he facts and legal arguments are adequately presented in the briefs and record[,] and the decisional process would not be significantly aided by oral argument." Utah R. App. P. 29(a)(3). Moreover, the issues presented are readily resolved under applicable law.

Appellant, D.J., asserts that, but for its reliance on certain facts of which it took judicial notice, the juvenile court's decision to terminate his parental rights would not be adequately supported by the evidence, thus violating his due process rights. We disagree.

The juvenile court's detailed findings of fact and conclusions of law set forth multiple grounds for terminating D.J.'s parental rights.(1) The evidence readily supports the juvenile court's conclusions, totally aside from the facts and evidence of which D.J. complains. In particular, the juvenile court's finding that D.J. "is an unfit or incompetent parent" because he "suffers from an intellectual or mental deficiency that renders him unable to care for the immediate and continuing physical or emotional needs of the child for extended periods of time" is supported by the evidence and is, by itself, an adequate ground to terminate D.J.'s parental rights under section 78-3a-407(1)(c) and section 78-3a-408(2)(a). See Utah Code Ann. §§ 78-3a-407(1)(c), -408(2)(a) (2002). Such a finding, combined with the juvenile court's finding that the child is in a "medically fragile state" due to "a multitude of medical conditions," clearly supports the juvenile court's conclusion that it is in the best interests of the child to terminate D.J.'s parental rights.

Affirmed.

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Gregory K. Orme, Judge

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WE CONCUR:

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Russell W. Bench,

Associate Presiding Judge

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James Z. Davis, Judge

1. "In reviewing a termination decision, '[w]e will not disturb the juvenile court's findings and conclusions unless the evidence clearly preponderates against the findings as made or the court has abused its discretion.'" In re M.L., 965 P.2d 551, 559 (Utah Ct. App. 1998) (citations omitted).