L.W. v. State

L.W. v. State

IN THE UTAH COURT OF APPEALS

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State of Utah, in the interest of W.W., a person under eighteen years of age.
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L.W.,
Appellant,

v.

State of Utah,
Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20021011-CA

F I L E D
(October 17, 2003)

2003 UT App 352

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Third District Juvenile, Salt Lake Department

The Honorable Sharon P. McCully

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

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Before Judges Davis, Greenwood, and Thorne.

THORNE, Judge:

L.W. (Mother) appeals from an order of the juvenile court terminating her parental rights in W.W. (Child). We affirm.

Mother argues that the juvenile court failed to enter findings sufficient to support any of the four grounds used to terminate her parental rights. However, if the findings are sufficient to support just one of the juvenile court's grounds, we need not address Mother's arguments regarding the remaining grounds. See In re J.D.M., 808 P.2d 1122, 1125 (Utah Ct. App. 1991).

Mother argues that the court's findings do not support its conclusion that she was unfit pursuant to Utah Code Annotated section 78-3a-407(1)(c) (2002). Included among the factors a court may consider in weighing parental fitness, a court is empowered to examine, (1) whether the parent's behavior toward the child is physically or emotionally cruel or abusive; (2) whether a parent has repeatedly or consistently failed to provide the child with the care necessary for its physical, mental, or emotional health; and (3) whether the parent exhibits any other conduct or is involved in any circumstances that would lead the court to a conclusion that the parent is unfit. See Utah Code Ann. § 78-3a-408(2) (2002); In re M.L., 965 P.2d 551, 558 n.10 (Utah Ct. App. 1998).

In the instant case, the juvenile court found that Mother had failed to take any responsibility for the circumstances that initiated Child's removal from Mother's custody. The court further found that Mother had failed to, or refused to, become involved with Child during her scheduled visits, as well as during the failed trial home placement. Instead, the court found that Mother spent her allotted visitation time asking others to watch Child, exhibited stress over Child's presence, was easily frustrated with Child, and instead of worrying about Child, Mother spent her time worrying about her relationship with her husband. Moreover, the court found that Mother consistently cut short her visits with Child, refusing to take advantage of the time allotted. The court also found that Mother had failed to take advantage of either the peer parenting offered to her through DCFS, or the services of the two caseworkers assigned to her case. Finally, Mother failed to complete court ordered drug treatment, on one occasion during the pendency of the proceedings tested positive for methamphetamine, never sought mental health services, as directed by the court, and was involved in at least one incident of domestic violence involving a gun during the trial home placement

Having fully reviewed the record, we conclude that the trial court's findings adequately support its conclusion that Mother was unfit. Thus, we need not address Mother's remaining arguments. See In re J.D.M., 808 P.2d at 1125.

Accordingly, we affirm the trial court's order terminating Mother's parental rights.

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William A. Thorne Jr., Judge

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WE CONCUR:

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James Z. Davis, Judge

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Pamela T. Greenwood, Judge