State of Utah in the interest of J.F.

----ooOoo----

State of Utah, in the interest of J.F.,
a person under eighteen years of age.
______________________________

C.F.,
Appellant,

v.

State of Utah,
Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990576-CA

F I L E D
April 6, 2000
  2000 UT App 92 -----

First District Juvenile, Logan Department
The Honorable Larry E. Jones

Attorneys:
Barbara King Lachmar, Logan, for Appellant
Jan Graham and John Peterson, Salt Lake City, for Appellee
Martha Pierce, Salt Lake City, Guardian Ad Litem

-----

Before Judges Jackson, Bench, and Billings.

BILLINGS, Judge:

Respondent C.F. appeals the termination of her parental rights to J.F. The juvenile court concluded that C.F. had neglected J.F. and that C.F. is an unfit parent. The court further found it in J.F.'s best interest to terminate C.F.'s parental rights.

Ample evidence supports the juvenile court's conclusions that C.F. was an unfit parent and that C.F. neglected J.F. See In re S.T., 928 P.2d 393, 400 (Utah Ct. App. 1996). On March 22, 1998, the home that was shared by C.F. and her two daughters, J.F. and R.B., was found in an unclean and unsanitary condition, with trash and garbage spilling out of the garbage can, dirty dishes in the sink, clothing on the floor, a pile of plastic bags in one room, and methamphetamine present in plain view. Furthermore, on March 27, 1998, J.F. was found in the custody of C.F. in a Providence, Utah home that smelled of urine and had dog feces and rotting food on the floor. A mattress on the floor of that home had served as a bed for C.F. and J.F. the night before, the water in the home was not working, and an individual known to be involved in narcotics distribution, was at the home with J.F. Furthermore, J.F. was found to have delayed motor and social skills at the time of her removal from C.F.'s care.

Additionally, medical evidence established that R.B., J.F.'s sibling, had been sexually abused prior to the removal of R.B., which constitutes prima facie evidence of parental unfitness. See Utah Code Ann. § 78-3a-408(4)(a) (Supp. 1999). Furthermore, the juvenile court found that C.F. had a substance abuse problem and continued to use drugs after J.F. was taken into protective custody. See id. § 78-3a-408(2)(c) (Supp. 1999) (requiring juvenile court to consider habitual or excessive use of controlled substances by parent).(1)

C.F. argues that termination of her parental rights is not in the best interest of J.F. See id. §§ 78-3a-402(2) & 406(3) (1996) (requiring court to consider child's best interest in termination decision). However, the juvenile court found that J.F.'s physical development has improved, and that her physical and emotional needs have been met by her foster family. J.F. has been in foster care since she was five months old and the court found that she has established a strong bond with her foster mother. The juvenile court noted that C.F. is currently serving two concurrent terms of one to fifteen years in prison with credit for time served and a recommendation for early release. The juvenile court found that a change in primary caregivers would be traumatic, especially since any change would be at least four or five months in the future. Thus, the evidence amply supports the juvenile court's conclusion that it is in the best interest of J.F. to terminate C.F.'s parental rights.

Accordingly, we affirm the termination of C.F.'s parental rights.
 
 
 
 

______________________________
Judith M. Billings, Judge -----

WE CONCUR:
 
 
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 
 
 

______________________________
Russell W. Bench, Judge

1. Because we conclude that C.F.'s parental rights were properly terminated under either Utah Code Ann. § 78-3a-407(2) (1996) (providing for termination if parent neglected or abused child) or Utah Code Ann. § 78-3a-407(3) (1996) (providing for termination if parent is unfit or incompetent), we need not reach the other grounds relied upon by the juvenile court.