A.A. v. State of Utah, 2011 UT App. 397, Utah Court of Appeals
November 25, 2011
District Court terminated Mother’s (A.A.’s) parental rights based on Mother’s unfitness because of mental illness. Mother appealed and argued that the termination was not in the child’s best interest.
Mother argued that Daughter does not want to be adopted. Daughter was having visits with mother and
the state argued that such visits were an impediment to Daughter being
adopted. Several adoptive homes were
tested, but at the time of trial and continuing during appeal is the fact that
the child has no current prospective adoptive home. While the lack of an adoptive placement does
not preclude termination, it is a relevant factor. Mother and daughter had established a loving
relationship. While Mother could not
care for her daughter, the visits with Mother had been an integral part of the
setting in which Daughter had flourished.
While Mother admits she is unfit, and generally terminating an unfit
parent is in the child’s best interests, this is an exception. Reversed
and Remanded.
Full Decision Available at :http://www.utcourts.gov/opinions/appopin/JV_dra112511.pdf
Full Decision Available at :http://www.utcourts.gov/opinions/appopin/JV_dra112511.pdf
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