State of Utah, in the interest of T.P.
Annotate this Case----ooOoo----
State of Utah, in the interest
of T.P.,
a person under eighteen
years of age.
J.P.,
Appellant,
v.
State of Utah,
Appellee.
MEMORANDUM DECISION
(Not For Official Publication)
Case No. 20000968-CA
F I L E D
March 8, 2001
2001 UT App 72
-----
Third District Juvenile,
Salt Lake Department
The Honorable Frederic M.
Oddone
Attorneys:
John E. Laherty, Salt Lake
City, 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 Davis
PER CURIAM:
Under the plain language of Utah Code Ann. § 78-3a-407 (1996), a juvenile court may terminate all parental rights if it finds any one of the grounds enumerated therein. See In re M.E.C., 942 P.2d 955, 959 (Utah Ct. App. 1997). J.P.'s parental rights were terminated for four reasons: 1) neglect; 2) unfitness or incompetence; 3) unwillingness or inability to remedy the problems leading to the out of home placement; and 4) failure of parental adjustment. See Utah Code Annotated § 78-3a-407(2) to -407(5) (1996).
The evidence supports the trial court's decision to terminate J.P.'s parental rights. J.P. suffers from mental illnesses, including schizophrenia and paranoia. Her misconceptions about child care and development further hamper her ability to parent. J.P. was offered two service plans and counseling, but she did not avail herself of either. Moreover, J.P. has a history of unemployment, homelessness, and inability to care for her children.
As this court noted in In re C.Y., 765 P.2d 251 (Utah Ct. App. 1988), "[i]f after a reasonable period of time, no positive change in parenting skills occur[s], a termination of parental rights is appropriate. Children cannot remain in limbo indefinitely where there is no reasonable likelihood of their parents gaining necessary parenting abilities." Id. at 255-56.
The trial court's decision
to terminate J.P.'s parental rights is supported by clear and convincing
evidence. See Utah Code Ann. § 78-3a-406(3) (1996). Accordingly,
the order of termination is affirmed.
______________________________
Norman H. Jackson,
Associate Presiding Judge
______________________________
Russell W. Bench, Judge
______________________________
James Z. Davis, Judge
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