C.G. v. State (In re B.G.)

C.G. v. State (In re B.G.)

IN THE UTAH COURT OF APPEALS
 

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State of Utah in the interest of B.G., C.G., and J.G.,
persons under eighteen years of age.

______________________________

C.G.,

Appellant,

v.

State of Utah,

Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20050260-CA
 

F I L E D
(May 12, 2005)
 

2005 UT App 216

 

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Fourth District Juvenile, Provo Department, 138153, 138157, 138162

The Honorable Kay A. Lindsay

Attorneys: David R. Boyer, Provo, for Appellant

Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee

Martha Pierce and Kelly Frye-Glasser, Salt Lake City, Guardians Ad Litem

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Before Judges Davis, Greenwood, and Thorne.

PER CURIAM:

    C.G. appeals the termination of her parental rights in B.G., C.G., and J.G. C.G. asserts that there was insufficient evidence to support the juvenile court's determination that she was unfit as a parent and that termination was in the best interests of the children.

    A juvenile court's findings of fact will not be overturned unless they are clearly erroneous. See In re E.R., 2001 UT App 66,¶11, 21 P.3d 680. A finding of fact is clearly erroneous only when, in light of the evidence supporting the finding, it is against the clear weight of the evidence. See id. Additionally, a juvenile court has broad discretion regarding judgments, based on the juvenile court's specialized experience and training, as well as the ability to judge credibility firsthand. See id. So, in reviewing an order terminating parental rights, this court "will not disturb the juvenile court's findings and conclusions unless the evidence clearly preponderates against the findings as made or the court has abused its discretion." In re R.A.J., 1999 UT App 329,¶6, 991 P.2d 1118.

    The juvenile court found multiple grounds for termination under Utah Code section 78-3a-407, including that C.G. was unfit or incompetent as a parent. See Utah Code Ann. § 78-3a-407(1) (2002). C.G. challenges the sufficiency of the evidence to support unfitness as a ground for termination. However, the juvenile court entered findings supporting several other grounds listed in the termination order, including failure of parental adjustment and failure to remedy the circumstances leading to the children's out-of-home placement. See id. § 78-3a-407(1)(d), (e). Pursuant to section 78-3a-407, the finding of any single ground is sufficient to warrant termination of parental rights. See id. § 78-3a-407(1) (providing the court may terminate all parental rights if it finds any one of grounds listed); In re F.C. III, 2003 UT App 397,¶6, 81 P.3d 790 (noting any single ground sufficient to terminate parental rights). C.G. does not challenge these other grounds. Thus, the juvenile court did not err in terminating C.G.'s parental rights even absent the ground of unfitness.

    Furthermore, the juvenile court had sufficient evidence to support a finding that the termination would be in the children's best interests. The children's therapists testified that the children needed stability, consistency, and predictability. Both were concerned that C.G. could not provide the environment necessary to overcome the damage already caused by the children's lives in chaos. It was clear from the evidence that C.G. was not capable of providing the stability the children needed. One therapist testified that returning the children to C.G. and preserving the relationship would be worse for the children than terminating the relationship. Although the therapists acknowledged that terminating a parent-child relationship is hard on children, overall the termination would provide the opportunity for the children to be in a healing environment and have a stable life. In sum, the evidence supported a
determination that the termination of C.G.'s parental rights was in the children's best interests.

    Accordingly, the termination of C.G.'s parental rights is affirmed.

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James Z. Davis, Judge

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Pamela T. Greenwood, Judge

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William A. Thorne Jr., Judge