Opinion
Case No. 20040785-CA.
Filed November 18, 2004. (Not For Official Publication).
Appeal from the Third District Juvenile, Salt Lake Department, The Honorable Kimberly K. Hornak.
Jacee E. Ballard, Salt Lake City, for Appellant.
Mark L. Shurtleff and Carol L.C. Verdoia, Salt Lake City, for Appellee.
Martha Pierce, Salt Lake City, Guardian Ad Litem.
Before Judges Greenwood, Jackson, and Thorne.
MEMORANDUM DECISION
J.P., the mother of S.E., F.P. and A.M., appeals the termination of her parental rights.
"In reviewing a decision to grant or deny a termination petition, `[w]e 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 (alteration in original) (quoting In re M.L., 965 P.2d 551, 559 (Utah Ct.App. 1998)).
J.P. claims that she made a parental adjustment and that the juvenile court may not terminate her parental rights because she failed to complete the requirements of the treatment plan. See Utah Code Ann. § 78-3a-407(2) (2002) ("The court may not terminate the parental rights of a parent because the parent has failed to complete the requirements of a treatment plan."). Although the juvenile court found that J.P. did not substantially comply with the service plans, this finding was not the only basis for the conclusion that J.P. failed to make a parental adjustment. The court found that F.P. and A.M. were removed from J.P.'s custody in February, October, and November of 2003, and S.E. was removed on each of the foregoing dates, as well as in April of 2004. In addition, J.P. tested positive for methamphetamine in September and November of 2003, and was incarcerated for failure to comply with orders of the drug court. Finally, the court found that J.P. had failed to complete any drug treatment program, and would require "at least one year of residential drug treatment before she could begin to independently provide a home for the children." Failure of parental adjustment "means that a parent [is] unable or unwilling within a reasonable time to substantially correct the circumstances, conduct, or conditions that led to placement of their child outside their home." Utah Code Ann. § 78-3a-403(2) (2002). The findings amply supported the ground of lack of parental adjustment.
J.P. has not challenged the alternative grounds for termination, which included "parental unfitness or incompetence," "token efforts" to avoid being an unfit or incompetent parent, and failed trial home placement. The juvenile court may terminate parental rights based upon a finding of any of the grounds set forth in section 78-3a-407. See In re M.E.C., 942 P.2d 955, 959 (Utah Ct.App. 1997) ("Under the plain language of section 78-3a-407, a juvenile court may terminate all parental rights if it finds any one the following. . . ."). J.P. failed to challenge the alternative grounds for termination.
We affirm the decision of the juvenile court to terminate parental rights.
Pamela T. Greenwood, Judge, Norman H. Jackson, Judge, William A. Thorne Jr., Judge.