Anthony E. v. Dcs, A.E.
1 CA-JV 16-0251
| Ariz. Ct. App. | Jan 31, 2017Background
- Child A.E. born 2013; Mother arrested in 2014 for prostitution with the child present; child placed in shelter. Father incarcerated March 2014–Dec 2015, then again Mar–May 2016.
- DCS filed dependency petition as to Father alleging neglect and abandonment; juvenile court found Child dependent as to Father in June 2015 and changed plan to severance and adoption.
- DCS encouraged Father (while incarcerated) to participate in services and to send gifts/letters via the case manager; Father was told how to contact the case manager and to provide completion certificates for any services.
- Father testified to limited contact: a few holiday letters (not routed through DCS), two visits after release, and during the three-month re‑incarceration he claimed 30 letters and $200–$300 financial support but provided no corroboration.
- DCS moved to sever under A.R.S. § 8-533(B)(1) and § 8-531(1) (abandonment); after a contested hearing the juvenile court found abandonment by clear and convincing evidence and terminated Father’s parental rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Father abandoned Child under A.R.S. § 8-531(1) | Father asserted he did everything possible to maintain a normal parental relationship (sent letters, visited, provided support). | DCS argued Father failed to provide reasonable support, maintain regular contact, or a normal parental relationship for six months; efforts were minimal and uncorroborated. | Court held Father abandoned Child; sufficient evidence supported finding of abandonment. |
Key Cases Cited
- Linda V. v. ADES, 211 Ariz. 76 (disposition requires at least one statutory ground proved by clear and convincing evidence)
- ADES v. Oscar O., 209 Ariz. 332 (trial court as factfinder entitled to weigh evidence and judge credibility)
- Jennifer B. v. ADES, 189 Ariz. 553 (appellate review views facts in light most favorable to affirming juvenile court unless no reasonable evidence supports findings)
- Michael J. v. ADES, 196 Ariz. 246 (abandonment measured by conduct; incarceration does not automatically excuse abandonment)
- Pima Cty. Juv. Severance Action No. S-114487, 179 Ariz. 86 (parent bears primary responsibility to persistently establish relationship and vigorously assert legal rights)
- Kenneth B. v. Tina B., 226 Ariz. 33 (minimal efforts to support and communicate may constitute abandonment)