Utah Court of Appeals
What constitutes token efforts in Utah parental rights termination cases? In re J.M. Explained
Summary
Father appealed the juvenile court’s order terminating his parental rights to J.M. and C.M. The juvenile court found that Father made only token efforts to visit the children, resolve his drug issues, and accept responsibility for his conduct. The Court of Appeals affirmed, finding sufficient evidence supported the termination.
Analysis
In In re J.M., the Utah Court of Appeals examined what evidence supports a finding that a parent made only “token efforts” to remedy issues leading to child removal, affirming a termination of parental rights under Utah Code section 78A-6-507(1)(f).
Background and Facts
Father’s parental rights to J.M. and C.M. were terminated by the juvenile court. The children had been removed from Father’s custody due to substance abuse issues. During the reunification period, Father was required to attend visits with the children and complete drug testing as part of his service plan. However, Father’s compliance was minimal—he visited the children only once between January and March 2017, failed to attend multiple scheduled visits without legitimate excuses, and declined additional visitation opportunities offered by both DCFS and the children’s mother.
Key Legal Issues
The primary issue was whether sufficient evidence supported the juvenile court’s finding that Father made only token efforts to visit the children and resolve the issues that led to their removal, justifying termination under Utah Code section 78A-6-507(1)(f).
Court’s Analysis and Holding
The Court of Appeals applied the clearly erroneous standard to the juvenile court’s factual findings, noting that termination decisions are only overturned when against the clear weight of evidence. The court found substantial evidence supporting the token efforts finding: Father’s sporadic visitation, failure to complete required drug testing (submitting no samples in the six months before termination), delayed completion of substance abuse classes, and most significantly, his failure to accept responsibility for his role in the children’s removal. The court noted Father had “blamed everyone else” and provided only non-credible excuses.
Practice Implications
This decision reinforces that token efforts encompass both quantitative failures (missed visits, incomplete testing) and qualitative deficiencies (lack of accountability, credible excuses). Practitioners should document specific instances of non-compliance and missed opportunities, as courts examine the totality of a parent’s engagement. The decision also confirms that any single statutory ground is sufficient for termination, making thorough preparation on each alleged ground essential for both prosecution and defense of these cases.
Case Details
Case Name
In re J.M.
Citation
2017 UT App 193
Court
Utah Court of Appeals
Case Number
No. 20170592-CA
Date Decided
October 19, 2017
Outcome
Affirmed
Holding
A juvenile court’s termination of parental rights is affirmed when evidence supports findings that the parent made only token efforts to visit children, resolve substance abuse issues, and accept responsibility for conduct leading to removal.
Standard of Review
Clearly erroneous standard for factual findings; appellate courts may not overturn termination decisions unless the result is against the clear weight of the evidence or leaves the court with a firm conviction that a mistake has been made
Practice Tip
Document all missed visitation opportunities and rejected services offered to parents, as these specific examples strongly support token effort findings in termination proceedings.
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