The Appellate Group

A.M. v. State of Utah

A.M. v. State of Utah, 2021 UT App 31 (per curiam)

Mother appealed the termination of her parental rights, raising two challenges under the Indian Child Welfare Act, as well as challenging the court’s ultimate conclusion to terminate. Finding no error, the court of appeals affirmed.

  • The juvenile court did not err in finding good cause to deviate from the child placement preferences established in the ICWA, 25 U.S.C. §1915(b).
  • The Division of Child and Family Services had made sufficient efforts to assist Mother with remedial services and rehabilitative programs before resorting to breaking up the family pursuant to 25 U.S.C. §1912(d).
  • There was sufficient evidence to support the ruling that termination of parental rights was in the child’s best interests and strictly necessary. The district court had properly considered, and rejected other alternatives, finding none feasible.

Read the full court opinion