State of Utah, in the interest of A.E., D.E., C.E., and S.E.Annotate this Case
State of Utah, in the interest
of A.E., D.E., C.E., and S.E., persons under eighteen years of age.
State of Utah,
(Not For Official Publication)
Case No. 20000324-CA
F I L E D
June 7, 2001 2001 UT App 185 -----
Second District Juvenile,
The Honorable L. Kent Bachman
Maurice Richards, Ogden, for Appellant
Mark L. Shurtleff and Carol L. Verdoia, Salt Lake City, for Appellee
Martha Pierce, Salt Lake City, Guardian Ad Litem
Before Judges Jackson, Bench, and Billings.
Appellant A.E. (Mother) challenges the trial court's finding that reunification services provided to her by DCFS were adequate. Mother alleges that the reunification plans did not do enough to assist her in breaking off her relationship with Father. We will only overturn a juvenile court's determination to terminate parental rights if the findings are clearly erroneous. See In re M.E.C., 942 P.2d 955, 960 (Utah Ct. App. 1997). "The clearly erroneous standard requires the parent challenging the juvenile court's findings to marshal the evidence supporting the findings and then show that the findings are so lacking in support that they are against the clear weight of the evidence." Id. Mother has offered us nothing more than a bald statement that the counseling offered as part of reunification services was not sufficient. In the absence of fully marshaled evidence, we cannot conclude that the juvenile court's finding that reunification services provided by the State were adequate is clearly erroneous.
In any event, the juvenile court properly concluded that Mother's parental rights should be terminated. The juvenile court concluded that Mother's parental rights should be terminated for several reasons: (1) the children have been neglected; (2) Mother is unfit or incompetent; (3) the children are in out-of-home placement and Mother has failed to comply with services provided to remedy that situation; (4) Mother has experienced a failure of parental adjustment; and (5) Mother has made only token efforts to avoid being an unfit parent. See Utah Code Ann. § 78-3a-407(2)-(6) (1996). On appeal, Mother takes issue only with whether reunification services provided by DCFS were sufficient to help her break free from abusive Father. Only conclusions of law numbered 3 and 4 concern services provided by DCFS. Mother offers no argument that the other three conclusions were improper. Section 78-3a-407 states that parental rights may be terminated if the juvenile court "finds any one of the following." Id. (emphasis added). Mother's challenge to DCFS's reunification services does not address the juvenile court's conclusion that the children have been neglected by Mother, that Mother has demonstrated unfitness, and that Mother has made only token efforts to avoid being unfit. Any one of these conclusions supports the juvenile court's determination that Mother's parental rights should be terminated.
Accordingly, the judgment
of the juvenile court is affirmed.
Russell W. Bench, Judge -----
Norman H. Jackson,
Associate Presiding Judge
Judith M. Billings, Judge