R.V. v. State (In re D.B.)

R.V. v. State (In re D.B.)

IN THE UTAH COURT OF APPEALS
 

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

_______________________________

R.V.,

Appellant,

v.

State of Utah,

Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20050418-CA
 

F I L E D
(June 23, 2005)
 

2005 UT App 292

 

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Second District Juvenile, Ogden Department, 914180

The Honorable J. Mark Andrus

Attorneys: Sharon S. Sipes, Ogden, for Appellant

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

Martha Pierce and Cynthia L. Havlicek, Salt Lake City, Guardians Ad Litem

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Before Judges Bench, Greenwood, and Thorne.

PER CURIAM:

    R.V. appeals from a final order of the juvenile court terminating her guardianship rights to D.B. R.V. challenges the juvenile court's denial of reunification services. We affirm.

    R.V. argues that the juvenile court erred when it denied reunification services because there was no permanent placement or adoptive home available for D.B. R.V. also argues that the juvenile court or the Division of Child and Family Services (Division) had a duty to make reasonable efforts to provide reunification services. These arguments fail.

    R.V. contends the juvenile court should have ordered reunification services because the Division did not have a permanent placement available for D.B. R.V. provides no basis for this argument. To the contrary, R.V. has no entitlement to such services. See In re N.R., 967 P.2d 951, 955 (Utah Ct. App. 1998) ("Reunification services are a gratuity provided to parents by the Legislature."); Utah Code Ann. § 78-3a-311(3)(a) (Supp. 2004)(1) ("[T]he Legislature finds that a parent's interest in receiving reunification services is limited."); Utah Code Ann. § 78-3a-312(6)(a) (2002) ("Nothing in this section may be construed to . . . entitle any parent to reunification services for any specified period of time."). Utah Code section 78-3a-311 "places the decision to provide or deny services in the judge's discretion and emphasizes that a judge may deny services if for any reason he or she finds they are inappropriate." In re N.R., 967 P.2d at 956.

    In determining whether to order reunification services, a court should consider the "[f]ailure of the parent to respond to previous services or comply with any previous treatment plan." Utah Code Ann. § 78-3a-311(4)(a). In its pre-trial order entered on August 11, 2004, the juvenile court denied reunification services pursuant to section 78-3a-311(3)(b)(viii) ("the child has been removed . . . on at least two previous occasions and reunification services were offered or provided to the family at those times") and section 78-3a-311(4)(a). See id. § 78-3a-311(3)(b)(viii), -311(4)(a). In its most recent order, the juvenile court once again entered a number of factual findings noting R.V.'s failure to make any serious efforts to remedy the problems that caused the removal of D.B. and the termination of services. R.V. does not challenge these findings. Accordingly, we cannot say the court abused its discretion when it denied reunification services to R.V.

    Furthermore, the "reasonable efforts" standard applies only to reunification services provided pursuant to Utah Code section 78-3a-311. See Utah Code Ann. § 78-3a-311. "If the court determines that reunification services are appropriate, it shall order that the [Division] make reasonable efforts to provide services to the child and the child's parent for the purpose of facilitating reunification of the family, for a specified period of time." Id. § 78-3a-311(2)(c)(I). The juvenile court did not
award reunification services. R.V. therefore was not entitled to any finding regarding reasonable efforts of the Division.

    Accordingly, we affirm the order of the juvenile court.

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Russell W. Bench,

Associate Presiding Judge

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Pamela T. Greenwood, Judge

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William A. Thorne Jr., Judge

1. Utah Code section 78-3a-311 was amended in 2005. See Utah Code Ann. § 78-3a-311 (2005). The amendments do not affect the issues in this appeal. For convenience, all citations herein are to the 2004 version of the statute.