State of Utah, in the Interest of B.r., J.r., N.r. and K.m., Persons Under Eighteen Years of Age. State of Utah v. S.m.

Summary

The Utah Supreme Court held that the juvenile court permissibly used the clear-and-convincing-evidence standard when making factual findings at the permanency hearing, even though the governing statute required only a preponderance of the evidence. It also held that the court of appeals improperly reweighed the evidence rather than deferring to the juvenile court's fact-intensive assessment of the mother's chronic drug abuse, neglect, rehabilitation efforts, and the children's best interests. The court vacated the court of appeals' decision, reinstated the juvenile court's findings, and remanded directly to that court.