The Appellate Group

In re D.G.

In re D.G., 2022 UT APP 128 (Christiansen Forster, J.)

Child Welfare

Child was removed from Mother’s home as a result of Mother’s habitual drug use, and after reunification efforts proved unsuccessful, the juvenile court terminated Mother’s parental rights. On appeal, Mother argued that her counsel had been ineffective in failing to seek accommodations for her under the Americans with Disabilities Act (ADA). The Utah Court of Appeals affirmed, ruling:

  • Mother did not establish that she was prejudiced by her counsel’s inaction because she failed to present “record evidence” that demonstrates (1) she is disabled; (2) because of her disability, she is entitled to particular accommodations to allow her to access services; (3) had Mother received such accommodations, she would have accessed the provided reunification services; and (4) the reunification services would have enabled Mother to successfully complete the Service Plan and avoid having her rights terminated.

Read the full court opinion