State v. A.B. (In re Z.B.)

State v. A.B. (In re Z.B.)

IN THE UTAH COURT OF APPEALS
 

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State of Utah, in the interest of Z.B., S.B., and J.B.,
persons under eighteen years of age.

______________________________

State of Utah,

Appellee,

v.

A.B.,

Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040865-CA
 

F I L E D
(December 16, 2004)
 

2004 UT App 477

 

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Third District Juvenile, Salt Lake Department

The Honorable Kimberly K. Hornak

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

Mark L. Shurtleff and Carol L.C. Verdoia, Salt Lake City, for Appellee

Martha Pierce, Salt Lake City, Guardian Ad Litem

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Before Judges Davis, Jackson, and Orme.

PER CURIAM:

    A.B. appeals the termination of her parental rights on the grounds that she neglected the children, see Utah Code Ann. § 78-3a-407(1)(b) (2002); was an unfit or incompetent parent, see Utah Code Ann. § 78-3a-407(1)(c) (2002); and had a failure of parental adjustment, see Utah Code Ann. § 78-3a-407(1)(e) (2002). A.B. claims that the evidence was insufficient to support any of the grounds for termination because she did not engage in behavior justifying termination, she complied with much of the services plans, and the testimony to the contrary is inaccurate. She further claims that the Division of Child and Family Services (DCFS) did not provide adequate services to her to accomplish reunification.

    We "review the juvenile court's factual findings based upon the clearly erroneous standard." In re E.R., 2001 UT App 66,¶11, 21 P.3d 680. "Additionally, the trial court is in the best position to evaluate the credibility and competence of those who testify regarding the services that were provided, the parent's level of participation in such services, whether the services were properly tailored to remedy the specific problems that led to removal of the child, and whether the parent successfully accessed and then utilized such services to remedy the problem necessitating the removal." In re A.C., 2004 UT App 255,¶12, 97 P.3d 706.

    The children were placed in the custody and guardianship of the DCFS in July 2003, but remained with A.B. on a trial home placement until December 2003. A.B. agreed to two service plans to assist her in reunification, covering the period from August 2003 through July 2004. The undisputed evidence demonstrated that A.B. admitted she failed to complete the recommendations contained in her drug and alcohol assessment, failed to complete domestic violence counseling, failed to complete peer parenting, and missed most of the court-ordered random urinalysis. The juvenile court found that A.B. participated in an initial drug and alcohol assessment, an intensive family preservation assessment, and peer parenting sessions, which were terminated after four "no shows." The court terminated reunification services in May 2004. A.B. testified that in that same month, she began participating in treatment and counseling with a Wyoming therapist and that she also completed urinalysis and a psychological evaluation while in Wyoming. However, A.B. provided no proof of that treatment program to DCFS. The findings of fact reflect that the juvenile court considered A.B.'s testimony along with the testimony of the State's witnesses. We conclude that the court's findings of fact are not clearly erroneous, particularly given our deference to the juvenile court's assessment of credibility.

    A.B. argues that her behavior did not support any ground for termination because it demonstrated no severe abuse or neglect of the children. She fails to cite any specific support for the claim. One ground for termination was a failure of parental adjustment, which means that "a parent [is] unable or unwilling within a reasonable time to substantially correct the circumstances, conduct, or conditions that led to placement of their child outside of their home, notwithstanding reasonable and appropriate efforts by the [DCFS] to return the child to the home." Utah Code Ann. § 78-3a-403 (2002). The evidence established that A.B. largely failed to access the services offered to her, failed to comply with recommendations from her evaluations, and failed to complete peer parenting. Such evidence supports the ground of failure of parental adjustment. A.B.'s claim that she initiated treatment beginning in May of 2004 and continuing to the time of trial was not sufficient to overcome her failure to take steps within a reasonable time to correct the circumstances that led to removal of the children.

    We affirm the decision of the juvenile court to terminate A.B.'s parental rights.

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James Z. Davis, Judge

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Norman H. Jackson, Judge

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Gregory K. Orme, Judge