is in the child's best interest; (h) that, after ... the child was returned to live in the child's own home, the parent ... refused or failed to give the child proper parental care and protection; or (i) the terms and conditions of safe relinguishment of a newborn child have been complied with.... Id. § 78A-6-507(1)(a)-@). 12 . Id. § 78A-6-507(1)(a). 13 . Id. § 78A-6-50700(00). 14 . See id. § 78A-6-506(3) ("[The welfare and best interest of the child {is] of paramount importance in determining whether termination of parental rights shall be ordered."); see also State ex rel. A.C.M., 2009 UT 30, ¶ 23, 221 P.3d 185 (stating that a best interest analysis is the second step in terminating parental rights). 15 . Uraw Cope Amn. § 78A-6-509(1)(a) (Supp. 2011). 16 . See id. § 78A-6-509(1) (<HOLDING>). 17 . See Urax Copp Ann. § 78A-6-507(1)(a)
recognizing this substantial interest in context of termination of parental rights holding that the district court should consider the totality of the circumstances in determining whether the patentee acted in subjective bad faith and should consider whether circumstantial evidence would support an inference of bad faith recognizing that a court is not limited in what it may consider in determining whether parental rights should be terminated holding that due process allows parental rights to be terminated only upon clear and convincing evidence of unfitness holding the parental rights of a child may not be terminated unless that parent has been represented by counsel at every critical stage of the proceedings