The Appellate Group

In re B.W.

In re B.W., 2022 UT App 131 (Tenney, J.)

Child Welfare

Children were removed from Mother’s care when Mother tested positive for drugs at two children’s birth. Mother went through periods of sobriety and then would test positive for drugs. The juvenile court terminated her parental rights. The Utah Court of Appeals affirmed, holding:

  • There was sufficient evidence of Mother’s ongoing drug use to support a finding that Mother was unable or unwilling to substantially correct the circumstances that led to Children being removed. 
  • The juvenile court properly considered placement of Children with the maternal grandparents and rejected that option in favor of terminating Mother’s rights and placing Children for adoption. 

Read the full court opinion