G.M. v. State (In re G.M.)

G.M. v. State (In re G.M.)

IN THE UTAH COURT OF APPEALS
 

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

______________________________

G.M.,

Appellant,

v.

State of Utah,

Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040952-CA
 

F I L E D
(January 6, 2005)
 

2005 UT App 8

 

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Seventh District, Price Department

The Honorable Scott N. Johansen

Attorneys: Samuel S. Bailey and Don Torgerson, Price, for Appellant

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

Martha Pierce and Connie Mower, Salt Lake City, Guardians Ad Litem

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Before Judges Davis, Jackson, and Thorne.

PER CURIAM:

    This case is before the court on a petition on appeal, filed pursuant to rule 55 of the Utah Rules of Appellate Procedure. Appellant G.M. appeals the juvenile court's adjudication order discontinuing services of the Division of Child and Family Services and continuing the court's jurisdiction of the children.

    G.M. claims on appeal that the juvenile court erred in determining that reunification services should be terminated under Utah Code section 78-3a-311. See Utah Code Ann. § 78-3a-311 (2002). Specifically, G.M. contends that the State failed to present sufficient evidence to conclude that G.M. had failed to make substantial efforts to comply with the service plan. See Utah Code Ann. § 78-3a-311(2)(f) (2002). The service plan, agreed to by G.M. and the mother of the children when the children were taken out of the home the first time, directed that G.M. was to not use illegal drugs, submit to testing for the use of illegal drugs, and engage in drug treatment.

    The juvenile court can terminate reunification services under any circumstances that the court determines, by clear and convincing evidence, should preclude such services. See Utah Code Ann. § 78-3a-311(3)(x) (2002). In this matter, the juvenile court, based largely on the court's determination that G.M. lacked credibility as a result of his lack of forthrightness throughout the case, determined that G.M. had failed to make substantial efforts to comply with the agreement. Review of the record, combined with the latitude afforded the juvenile court on determinations of credibility,(1) and the time constraints on G.M. in which to demonstrate his efforts,(2) we determine that the court acted within its discretion in terminating reunification services afforded G.M.

    The juvenile court's adjudication order is affirmed.

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James Z. Davis, Judge

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Norman H. Jackson, Judge

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William A. Thorne Jr., Judge

1. See State v. Pena, 869 P.2d 932, 935-36 (Utah 1994).

2. Utah Code section 78-3a-311(2)(f)(ii) requires that, if the child is under thirty-six months of age, the juvenile court discontinue services after eight months if the parent has not made substantial efforts to comply with the service agreement. See Utah Code Ann. § 78-3a-311(2)(f)(ii) (2002).