362 P.3d 1257 2015 UT App 269

2015 UT App 269

STATE of Utah, IN the INTEREST OF J.C. and H.A., Persons Under Eighteen Years of Age. T.C., Appellant, v. State of Utah, Appellee.

No. 20150618-CA.

Court of Appeals of Utah.

Nov. 12, 2015.

Eirik G. Jacobson, Provo, for Appellant.

Sean D. Reyes and John M. Peterson, Salt Lake City, for Appellee.

Martha Pierce, Salt Lake City, Guardian ad Litem.

Before Judges GREGORY K. ORME, J. FREDERIC VOROS JR., and JOHN A. PEARCE.

Decision

PER CURIAM:

1 T.C. (Mother) appeals the termination of her parental rights in J.C. and H.A. Mother asserts that there was insufficient evidence to support the juvenile court's determination that she was an unfit parent.

¶ 2 "[In order to overturn the juvenile court's decision [to terminate a person's *1258parental rights,] 'the result must be against the clear weight of the evidence or leave the appellate court with a firm and definite conviction that a mistake has been made. " State ex rel. B.R., 2007 UT 82, ¶ 12, 171 P.3d 435 (citation omitted). We "review the juvenile court's factual findings based upon the clearly erroneous standard." State ex rel. 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. "When a foundation for the court's decision exists in the evidence, an appellate court may not engage in a reweighing of the evidence.". State ex rel. B.R., 2007 UT 82, ¶ 12, 171 P.3d 435.

T3 Mother asserts that there was insufficient evidence to support the juvenile court's determination that she was an unfit parent.1 A parent may be found to be unfit or incompetent, if the juvenile court finds any of the factors delineated in Utah Code $ 78A-6-507(1) to be true by clear and convincing evidence. See Utah Code Ann. $ 78A-6-506(8) (LexisNexis 2012). Of these factors, the juvenile court shall consider whether a parent is unfit due to his or her repeated failure to provide a child with adequate housing, See id. § 78A-6-508(2)(d).

¶ 4 The record supports the juvenile court's determination that Mother is an unfit parent. Mother repeatedly failed to provide adequate housing for her children.2 Mother and the children lived in a home with methamphetamine and marijuana, which was. the subject of a raid by Metro SWAT. Mother's poor housing decisions have exposed her children to ilicit drug use and to the serious risk of harm. Despite the Division of Child and Family Services's efforts to assist Mother in obtaining appropriate housing, Mother has repeatedly failed to obtain appropriate housing.

¶ 5 The record supports the juvenile court's determination that Mother repeatedly failed to provide safe, stable, housing for her children and that Mother was an unfit parent due to her repeated failure to provide proper housing for the children. Because a foundation for the juvenile court's decision exists in the evidence, we have no occasion to reweigh the evidence. See State ex rel. B.R., 2007 UT 82, ¶ 12, 171 P.3d 435.3

16 Affirmed.

T.C. v. State
362 P.3d 1257 2015 UT App 269

Case Details

Name
T.C. v. State
Decision Date
Nov 12, 2015
Citations

362 P.3d 1257

2015 UT App 269

Jurisdiction
Utah

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!