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In re K.L.S.
Citation: 2015 UT App 51Docket: 20141050-CA
Court: Court of Appeals of Utah; February 25, 2015; Utah; State Appellate Court
Original Court Document: View Document
C.L.S. (Father) appeals the termination of his parental rights to K.L.S., which the Utah Court of Appeals affirms. The court emphasizes that to overturn a juvenile court decision, the appellant must demonstrate that the decision is against the clear weight of the evidence or that a mistake has occurred. The appellate review utilizes a "clearly erroneous" standard for factual findings, meaning the court will not reweigh the evidence if a foundation exists for the juvenile court’s decision. Father raises two points on appeal: he contends that the evidence did not support the termination and notes his lack of legal representation during the termination trial, though he does not claim this as an error. The juvenile court indicated that Father was initially represented by court-appointed counsel but chose to represent himself from November 12, 2013, onward, having been informed of his right to counsel. Since he did not seek legal representation for the termination proceedings, the court finds no grounds to review the issue of his representation. Additionally, the appellate court requires that an appellant challenging the sufficiency of the evidence must provide a complete transcript of relevant proceedings. Since Father did not provide such a transcript, the court assumes that the juvenile court's findings and conclusions are supported by sufficient evidence. The juvenile court found multiple grounds for terminating Father's parental rights under Utah Code section 78A-6-507, with a single enumerated ground being sufficient for termination. Specifically, the court determined that K.L.S. was neglected by Father, who was deemed unfit or incompetent. Additionally, K.L.S. had been in out-of-home placement supervised by the juvenile court and DCFS, and Father had substantially neglected or failed to remedy the circumstances leading to this placement. There was a substantial likelihood that Father would not be capable of providing effective parental care in the near future, and he also failed in his parental adjustment. The court concluded that terminating Father's parental rights was in K.L.S.'s best interest and acknowledged that DCFS made reasonable efforts for reunification. In the appeal, Father did not contest the finding regarding his failure in parental adjustment, which suffices to uphold the termination. He did challenge the best interest determination, arguing that the State only provided evidence of K.L.S. being loved and cared for by the foster parent, without addressing other factors outlined in Utah Code section 78A-6-509(1)(a). However, the court found sufficient evidence supporting the juvenile court's best interest determination, noting that K.L.S. was in a loving, stable, and safe environment with a financially capable and healthy foster parent willing to adopt him. The court affirmed the juvenile court’s order to terminate Father's parental rights based on the evidence presented.