Ross v. Kracht

Summary

The Utah Supreme Court held that termination of parental rights under the Adoption Act's Termination Provision, Utah Code subsection 81-13-205(5)(e), requires a strictly necessary analysis, because the Adoption Act's reference to grounds 'described in' the Termination Act incorporates the qualifying strictly necessary language of section 80-4-301. The district court erred in terminating the parents' rights without conducting that analysis, but the error was harmless because the court's extensive, unchallenged factual findings precluded any reasonable likelihood of a different outcome. The judgment terminating parental rights was affirmed.