State of Utah in the interest of A.M.

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K.M. v. State. Filed June 17, 1999 IN THE UTAH COURT OF APPEALS

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



State of Utah,

(Not For Official Publication)

Case No. 981680-CA

June 17, 1999
  1999 UT App 200 -----

Third District Juvenile, Sandy Department
The Honorable Kimberly K. Hornak

Robert L. Donohoe, Salt Lake City, for Appellant
Jan Graham and John Peterson, Salt Lake City, for Appellee
Martha Pierce, Salt Lake City, Guardian Ad Litem


Before Judges Greenwood, Bench, and Billings.


Appellant appeals from the juvenile court's order terminating her parental rights to A.M. She asserts that the juvenile court erred in concluding that: 1) her drug abuse history made her unable to care for A.M.; 2) she neglected A.M. due to historical substance abuse and by failing to provide a clean and healthy home; 3) she made only token efforts to communicate with A.M.; 4) her poor history of raising children made her unfit; and that this court should carefully consider whether terminating K.M.'s parental rights was in the best interests of A.M.

Appellant's attorney filed an Anders-type brief pursuant to L.C. v. State, 963 P.2d 761 (Utah Ct. App. 1998) and abided by the requirements of that case, namely, giving proper notice to K.M., incorporating her suggestions, and engaging "in sufficient analysis of the record and case law" to conclude that the issues raised were frivolous. Id. at 765 (citation omitted). Our independent analysis of the issues and the record lead us to the same conclusion. The appeal is frivolous. In spite of some efforts K.M. made, she could not overcome the overwhelming evidence proving she is unable to parent.

Accordingly, we affirm the juvenile court's termination order and allow K.M.'s counsel to withdraw.

Pamela T. Greenwood,
Associate Presiding Judge

Russell W. Bench, Judge

Judith M. Billings, Judge