M.N. v. State (In re B.N.)

M.N. v. State (In re B.N.)

IN THE UTAH COURT OF APPEALS
 

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State of Utah, in the interest of B.N.,
a person under eighteen years of age.

______________________________

M.N.,

Appellant,

v.

State of Utah,

Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20050009-CA
 

F I L E D
(March 24, 2005)
 

2005 UT App 146

 

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Third District Juvenile, Salt Lake Department

The Honorable Frederic (Ric) M. Oddone

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

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

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Before Judges Billings, Bench, and Orme.

PER CURIAM:

    M.N. appeals the termination of her parental rights in B.N., alleging that the evidence is insufficient to support termination. A juvenile court's findings of fact will not be overturned unless clearly erroneous. See In re E.R., 2001 UT App 66,¶11, 21 P.3d 680. In addition, the juvenile court is given a "'wide latitude of discretion as to the judgments arrived at' based upon not only the court's opportunity to judge credibility firsthand, but also based on the juvenile court judges' 'special training, experience and interest in this field, and . . . devoted . . . attention to such matters.'" See id. (quoting In re D.G., 14 Utah 2d 47, 376 P.2d 948, 951 (1962)).

    M.N. argues that there was insufficient evidence to
support the court's findings of neglect, unfitness, and failure to remedy the circumstances that resulted in out-of-home placement. However, the juvenile court's findings set out the facts in support of these grounds and the findings are supported by the record.

    For instance, the evidence at trial established that B.N. was neglected. A "neglected child" includes a minor "who lacks proper parental care by reason of the fault or habits of the parent, guardian, or custodian." Utah Code Ann. § 78-3a-103(1) (s)(i)(C) (Supp. 2003). B.N. was subjected to two removals. B.N. was originally removed at age one due to a finding of neglect based upon domestic violence in her presence and the fact that she was left alone for long periods of time. Upon her return to M.N. approximately fourteen months later, B.N. was once again left alone by M.N., while M.N. vandalized the automobile of a paramour she had been ordered to stay away from. M.N. was arrested as a result of this incident and booked into jail. The juvenile court found that M.N. had reverted to her previous behavior and made a determination of neglect pursuant to Utah Code section 78-3a-407(1)(b). See id. § 78-3a-407(1)(b) (2002). The juvenile court's findings were not clearly erroneous, and the findings supported this ground for termination.

    The evidence also supports the juvenile court's findings of fact regarding M.N.'s unfitness. The evidence established that M.N. was simply unable to care for B.N. on her own. Although M.N. provided evidence that she was now living with a foster family that provided structure and discipline, the juvenile court found that this was insufficient, as M.N. "does not do well on her own and she cannot provide consistent care for herself or the child when on her own." The juvenile court did not err in determining M.N. was an unfit parent. See id. § 78-3a-407(1)(c).

    Finally, the evidence showed that M.N. was not able to remedy the circumstances that caused the out-of-home placement of the children, and would likely not be able to "exercise proper and effective parental care in the near future." Id. § 78-3a-407 (1)(d). M.N. was unemployed at the time of trial, and relied entirely on another family for housing and financial support. The juvenile court noted that during the proceedings, M.N. had an active arrest warrant, was taken into custody and was unable to care for B.N. The juvenile court also noted M.N.'s reversion to the same problematic behavior--particularly the tendency to leave B.N. alone and her refusal to exit a violent relationship--despite the provision of services designed to correct such behavior, and found that M.N. could not care for B.N. on a long-term basis. The juvenile court's findings were not clearly erroneous, and the findings also supported this ground for termination of parental rights under Utah Code section 78-3a-407(1)(d). See id.

    Thus, the evidence was sufficient to support the termination of M.N.'s parental rights. The juvenile court's findings of fact were not clearly erroneous. Further, the findings supported the conclusions and determination that grounds for termination of M.N.'s parental rights were established.

    Accordingly, the order terminating M.N.'s parental rights is affirmed.

______________________________

Judith M. Billings,

Presiding Judge

______________________________

Russell W. Bench,

Associate Presiding Judge

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Gregory K. Orme, Judge