Arizona Department of Economic Security v. Rocky J.
234 Ariz. 437
| Ariz. Ct. App. | 2014Background
- ADES sought termination of Father’s parental rights under § 8-533(B)(4) based on a long prison term depriving Child of a normal home.
- The juvenile court denied termination, concluding Father’s anticipated release in April 2014 negated a longer deprivation of a normal home.
- Child, born September 2001, was dependent due to Mother’s abandonment and Father’s incarceration at birth.
- Grandmother acted as Child’s guardian; Mother was nonparticpant in the severance proceedings.
- Father had prior incarcerations and parole violations in Nevada, with a maximum release date (2018) acknowledged in the record.
- ADES appealed, arguing the court erred by focusing on anticipated release date and by not applying Michael J. factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether long prison term supports termination under § 8-533(B)(4) | ADes argues sentence length deprives Child of a normal home for years. | Father contends anticipated early release mitigates deprivation and supports maintain guardianship. | No error; anticipated release date considered; not proven to deprive for years. |
| Whether Michael J. factors required explicit findings | Six factors favor termination under Michael J. | No need for explicit-factor-by-factor findings when denial occurs or when not required. | Court not required to make express Michael J. findings; factors support non-termination. |
| Whether the court properly weighed the length of sentence and release date | The length and maximum release date show termination warranted. | Consideration of anticipated release date is appropriate and dispositive here. | Court properly weighed; anticipated release date undermined termination. |
| Whether other Michael J. factors weighed against termination | All factors indicate termination should be granted. | Factors are individualized; none compel termination here given imminent release. | Factors weighed against termination; no clear entitlement to severance. |
Key Cases Cited
- Denise R. v. Ariz. Dep’t of Econ. Sec., 221 Ariz. 92 (App. 2009) (standard of review and deference to juvenile court in severance cases)
- Christy C. v. Ariz. Dep’t of Econ. Sec., 214 Ariz. 445 (App. 2007) (Michael J. factors not all must be expressly found)
- Matthew L. v. Ariz. Dep’t of Econ. Sec., 223 Ariz. 547 (App. 2010) (no explicit findings required when denial of termination)
- Michael J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246 (2000) (establishes factors for determining deprivation of a normal home)
- Kent K. v. Bobby M., 210 Ariz. 279 (2005) (best interests standard; preponderance of evidence required)