In re E.K.S.Annotate this Case
Mother’s parental rights to her daughter were terminated. During the termination proceedings at the juvenile court, Mother was unrepresented by counsel. At the end of the proceeding, the juvenile court found by clear and convincing evidence that Mother was unfit as a parent and that it was in the best interests of the child to be placed with Adoptive Parents. Mother appealed, challenging on multiple constitutional grounds Utah Code 78A-6-1111(2), the statutory scheme that provides appointed counsel for indigent parents in state-initiated parental termination proceedings while denying such counsel for indigent parents in privately initiated proceedings. The Supreme Court reversed in part, holding (1) section 78A-6-1111(2) is not facially unconstitutional; but (2) the court erred in relying on the statute to deny Mother’s request for counsel without considering Mother’s circumstances and due process rights.