T.F. v. State of Utah

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State of Utah, in the interest of P.F. and M.F., persons under eighteen years of age, Case No. 981689-CA Filed June 24, 1999 IN THE UTAH COURT OF APPEALS

State of Utah, in the interest of P.F. and M.F., persons under eighteen years of age.



State of Utah,

(Not For Official Publication)

Case No. 981689-CA

June 24, 1999
  1999 UT App 204 -----

Third District Juvenile, Salt Lake Department
The Honorable Robert S. Yeates

John E. Laherty, Salt Lake City, for Appellant
Jan Graham and Carol Verdoia, 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 P.F. and M.F. Her 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 including giving proper notice to T.F. and incorporating her suggestions. Counsel raised the following issues on T.F.'s behalf: 1) the juvenile court erred in allowing Dr. Steve's Szykula's testimony and psychological evaluation; 2) her trial counsel should have questioned Ken McCauley regarding the report he allegedly made to Workforce Services; and 3) the juvenile court should have concluded that T.F. had overcome her drug problem. However, after engaging "in sufficient analysis of the record and case law," counsel concluded that these issues are frivolous. Id. at 765 (citation omitted). Our independent analysis of the issues and the record lead us to the same conclusion. There was overwhelming evidence, including T.F.'s recent drug and psychological problems, to support the juvenile court's decision to terminate her parental rights.

Accordingly, we affirm the juvenile court's termination order and allow T.F.'s counsel to withdraw.

Pamela T. Greenwood,
Associate Presiding Judge

Russell W. Bench, Judge

Judith M. Billings, Judge