ANGELA N. HAMILTON - #9243
“Assistant Attorey General
SEAN D. REYES - #7969
‘Attorney Gener
‘Attorneys for the State of Utah
‘415 West Price River Drive, Suite 152
Price, Utah 84501
‘Telephone: (435) 636-2399
angelahamilton@uiah.gov
IN THE SEVENTH DISTRICT JUVENILE COURT
IN AND FOR CARBON COUNTY, STATE OF UTAH
STATE OF UTAH, inthe interest of 1 ORDERFOR PERMANENCY
2 HEARING
= 7 DOB: —}) Case No, 1115401
ar of age. 1 Judge: SoottN Johansen
Date; __November 10,2015 _
Parties Present:
PX) Mother Sem |
CL) Father Sa
PA) Children nee SeEReOPNTPEEELIS.
[x] Attomey for Mother on
itasidie Torgerson
[0] Attomey for Father ‘Thomas Siterud
19) CES Representative Jos Dib
“This matter came before the Cour fora Permanency Hearing pursuantto §78A-6-312.0r§7BA-
6-314, Uish Code Annotated,PERMANENCY ORDER
Page 2
Notice was served: Yes __No
Pasties acknowledge receipt and waive further service: X Yes _No
arents/parties advised of nature of proceeding: “XYes = __No
Parents waive counsel: gives! < TEE No!
‘The Court finds tat the child(ren) isare nt present because
{L ] presence at hearings would be detrimental tothe child(ren);
[itis impractical
[Lhe child(ren) is/are not sufficiently mature to articulate the child(ren)'s wishes in
relation tothe hearing
Le eee
Seo ne CSP EEE
EVIDENCE PRESENTED
“The Court heard testimony from the fellowing witeses:
oe
ere
The Court received the following exhibits: __Artcle on Parenting and Child Development in
Adoptive Families: Does Parental Sexual Orientation Matter?
a
__
“The Cour reecived the following proffers, without objection: _Ms, Hamilton, Ms. Dik, Ms.
‘Torgerson, Ms. Troester, Mr, Nielson, Ms."!_h Ms.
ee
Tei CRS ee Od
‘The Court received the required agency report: _X_ Yes __No
‘The report is: X_ Written —_Verbal
“The Court received the required GAL report: _X\_ Yes —_No
‘The report i writen Verbal
Based on the Court Report from the Division of Child and Family Service, exhibits
and the testimony or oral representations and recommendations made by the parties, and
for good cause appearing, the Court makes the following findings by a preponderance ofPERMANENCY ORDER
Page 3
EINDINGS OF F, LAW
a 1. X___ Ineccordance with UCA 78A-6:312(20), reunification services should not be provided
or continued because the evidence showed that one or more of the following
.___ Thewheresbouts ofthe __mother_futher___ paren is/are unknown.
The __mother __father __parent/s is/are suffering from a mental
itines of such magnitude that it renders her/him/them incapable of wilizing
reunification services, based upon competent evidence from mental health
professionals thatthe parents is/are unlikely to be capable of adequately
caring forthe children within 12 monks.
¢___ Te inorls hasfhave been previously adjudicated as an abused chlden, due
to physical or sexual abuse or sexeal exploitation; that following the
‘adjudication, the children was/were removed from the parent! custody,
subsequently returned, and then removed due to additional physical or sexual
abuse or sexual exploitation.
|___The__mother__father_ parents hasfhave been convicted of eusing the
ath of nother child through abuse or neglect; committing aiding, abeting,
attempting, conspiring, o soliciting to commit a murder ormansleughter of
child or child abuse homicide; commiting sexual abuse against the childrens,
Isle a registered sex offender or required to register asa sex offender; or has
intentionally knowingly, or recklessly caused the death of another parent of
the child or has been identified by alaw enforcement agency asthe primary
suspect in an investigation ori being prosecuted for or hasbeen convicted of
intentionally, knowingly, orrecklessly causing the death of another parent of
the child.
|___ The minorls hasfhave suffered severe abuse by the __mother__father__
parents or by another whom the parent's knew of reasonably should have
‘known was abusing the minors
-___ The minor/s hasthave been adjudicated as an abused children as result of
severe abuse by the__mother___father__parent/s and it would not
benefit the children to pursue Feuifieation services with the offending
paren
‘The __mother’s __father’s_parens’ parental rights have been
terminated with regard to another minor child,PERMANENCY ORDER
Page 4
‘h,___ The children hashave been removed from the home on at least two 2) prior
i
‘ceeasions and reunification services were offered tothe family at those times.
‘The___mother __ father parents have abandoned the children for a
period of six months or longer.
‘The __mother__father__parents permitted the children to reside, on 8
permanent or temporary basis, at location where the pareat knew or should
have known that a clandestine laboratory operation was located.
‘The children has/have fetal alcohol syndrome, fetal alcohol spectrum
isorder, or was/were exposed to an illegal or prescription drug tht was
bused by the chld/ren’s mother while the child/ren was/were in utero, and
the children were placed into the Division's custody as result, andthe birth
‘mother has not, oF will not agree to enroll in and successfully complete &
substance abuse treatment program approved by DCFS.
U2 x te morte nth Von TINESIGIGN, he Cot ns a rein
secre an vb roe orn etme swe en
‘neve eto commer c
‘The___mother___father__ parents filed to respond to previous services
‘of comply witha previous Child and Family Pn.
b_X_ The child’en was/were abused while the ___mother ___father
_X_parent/s was/were under the influence of drugs oraleobol
‘The __mother__ father __parents hasrhave a past history of violent
‘behavior directed atthe child or an immediate family member.
d__ The ____mother__futher __parents continue olive with an individual
f,
who abused the children.
‘The child/en has/have been left with no provision for support
‘A competent professional has tetified/reported that the parents is/are
unlikely to be successful.
eX __The _ mother _X futher __parents islore incarcerated oF
institutionalized, and considering the age of the children, the degree of
parent-child bonding, the length of sentence, the nature of treatment, the
‘nature ofthe crime or illness, the degree of detriment to the children if
services are not offered, and for minor's 10 or older, the mini’ attitude
toward reunification, reunification services _X_would/ __would not
bbe detrimental to the minoris. cae
AG 3._X__ Other circumstances precluding reunification efforts tothe
nator i ces with her andPERMANENCY ORDER
Page 5
44 42 Themotier __ tes _X_hasnotsutstntly complied with enti oF autary
treatment plans, PSS Child & Family Plan(s), Reunifiation Child & Family Plan(), or
the Courts orders. The mother __has/_X__has not cooperated, utlized, and internalized
the services provided and met the goals ofthe Child & Family Plan(s).
5, _X__ The father __has/ _X__ has not substantially complied with the interim or voluntary
treatment plans, PSS Child & Family Plan(s), Reunification Child & Family Plan(s), oF
‘the Court's orders. The Division was relieved of any obligation to provide ongoing
reunification services to the father in July 2015.
4 (6. _X__ Reasonable efforts have been made bythe Division of Child & Family Services to
‘inelize the Child & Family Plan andthe permanency goal of reuification, termination
‘of parental rights, adoption, guardianship, or individualized permanency (i
‘permaneney plan” es described in Federal law), and to provide reunification services
to the children and the parents.
A 7X An dona 90 dys _is /_X_ fs ot likely to result in achievement of the
‘bjectves of the treatment plan forthe parents and reunification is not probable within
that 90-duy period.
8.____ A 90-day extension of reunification services to the__mother_fither_parentsis
in the best interest ofthe children.
Hl o.X_Meperinot tne muiin ce / _X_ bet
Te mone nl re
fA 19 2 Mectiatn san | X_ cae be safely retuned tothe care and estoy of
the _X__ mother andlor_X father.
4 11,_X_ There X is /__ isnot a substantial risk of detriment othe children by returning
hinvherthem to the custody of the_X__mother and/or _X__ father.
2PERMANENCY ORDER
aes
(9.2. Tein prey ol fr bien hd _renin/_X_dasp
vconfoion Xe spin, nid’ peo
eae ty tpn th
hl 4 2. Meconcurent pemanensy gon fe ten buts —renin/ canst
reunification; __ adoption individualized permanency, or _X
permanent custody and guardianship.
AY 15 isin te bestinere oft ies) 0 remain inthe custody ofthe _X
Division of Child and Family Services with a Child & Family Plan __Department of
Human Services with a Child & Family Pan. shall be the lead agency.
16.___ It is in the best interests of the child(ren) tobe released from the custody ofthe
Division of Child and Family Services, and to be retured/placed inthe custody of:
|___the mother,__the father; __both parents,__ other
17,__ Iisin the best interes ofthe child(ren) to be_plsced/___remsin inthe __permanent
“_wustody and__guardianship of
18,___ It isin the best interest ofthe children to be __continwed __ploced under the
protective supervision ofthe Division of Child and Family Service slong asthe parent's
‘are operative with the Division; engage inal recommended services; and follow all
Court Orders, Safety Plan, and Child and Family Plans
At 12. teivson’s witen Cour Report nthe vera prs an recommendation fm he
Divison he OA, andthe moter all suport he c's nging pacemanPERMANENCY ORDER
Page 7
0X
‘couples. The Court cited ez as shown that children are more
‘emotionally and mentally stable wit reised by amother and father inthe same heey
Shepartinedespiteanmecabcequenerbpromseledeto
‘Based on the above Findings and Conclusions, the Court makes the following Order:
1S HEI DDI AT:
‘Further reunification efforts wil be provided to _mother_father.
Al 2 Xone ruitnton efforts wl be not provided to X_ mother fuer.
5. __Teeten sn beemed a te casnyoftbe_ moter _ ite
Af X_ The cians tdereetoth cosy of he_X_snber Xft
Mi & Te primary permanency goal forthe eildren __reunification; _X adoption;
|____ permanent custody and guardianshipwith
Individualized permanency; __other,
Al & 2. The concent pemaneaey ol frie ile x,_—_reunieton: soon;
“_X__permanent custody and guardianship; vidualized permanency,
other:
1 “The Division shall propose a permanency plan and submit the same othe Cots by
Ala Te poin 2.) _ itn pet nt pr
ss ari eiepeerer
ce cae ea eePERMANENCY ORDER
Page 8
Parent-time by the mother and/or__father __shall //__shall not _ be
ranted as follows
Af 10.5 Trstiaien, isee_X_coned___plaedintesutyot
tevin Ci en Fay ers wi Cor Child nd Fay Pe
n “The child(ren) jsfare___continued _placed inthe custody
of the Department of Human Services. DCF shal be the lead egency.
2, ‘The child(ren) isfare continued under the protective supervision of
the Division of Child and Family Services witha Court-ordered Child & Family Plan.
83 ‘The children) ‘var released from the custody ofthe Division of
(Child and Family Services and placed in the custody and___guardianship of
|___themother;___the fther,_bothparents,_other
14 ‘The child(ren) jsvare __placed in _continued inthe
permanent custody and/or ___ guardianship of
SX Fhe-Court oxdorsthe Division to-plae the child widh-a duly-maried-heteovonaa
deena souplesibinonetee The Diso'snotentostareondana
A 16,__X__ Allprior orders of the Court not inconsistent with this Order are continued in full foree
and effect.
Ad 17._X_ Based upon the join request by the Division the GAL, end the mother, best interest
hearing shall be held on December 4, 2015, a 9:00 a.m. segasdingbe Court's oder
dosemeveshe shi om her ouront homosenseorie-edoptvaplacenetintoveral
= ehetrosenualfotoredeptinesplasement All partes shall appear
A 1s a mes ente eins ip ent on nes
Mew isha Airaiereoteto ape
19. ‘This mater shall be reviewed om 2015, at
All parties are ordered to appear.PERMANENCY ORDER
Page 9
20,____Provetive Supervision is terminated.
21,_____TheDivision is released from this mater.
22, TheGuardian Ad Litem is released from this matter
23, ThePublie Defender forthe _mother_father i released from this matter.
24,___ Court jurisdiction is terminate.
‘A copy ofthe foregoing Permanency Order was mailedhand delivered tothe following patie on
2015:
1 Mother - Savanna [JemaiCARE [J Hand Delivered (4Sfailed
Steven [Jemsiv/CARE [] Hand Delivered (] Mailed
others Atomey Torgerson (mal/CARE[ ] Hand Delivered. [ ]Malled
Father's atomey~ Hemuenne 1)
Foster Parent's Attomey- Hunnicutt [ Jemail/CARE
Z2 Guardian Ad Liter (HemaCARE []
sitet tore Gene [yemilCARE []
‘ORS, Team 70 [jemsivCARE
515 Bast 100 South
Salt Lake City, Utah 84102
Other: [JemaiCARE [ } Hand Delivered [ ] Mailed
ee