Brenda B. v. Dcs
1 CA-JV 16-0162
| Ariz. Ct. App. | Nov 1, 2016Background
- Children (B.S. and N.S.) were removed after N.S. was born methamphetamine-exposed in July 2014; DCS obtained dependency and placed the children in kinship/foster care in Sept. 2014.
- Court ordered reunification services for Mother: random urinalysis, substance-abuse treatment, and parent-aide services.
- Mother repeatedly failed to comply: missed numerous drug tests, tested positive multiple times, was closed out of treatment for noncompliance, and made only sporadic engagement in services from 2014–2016.
- Mother gave birth to a third child in March 2016 who also was methamphetamine-exposed; Mother continued inconsistent participation in treatment and visitation.
- DCS moved to terminate parental rights under A.R.S. § 8-533(B)(3) and (8)(a)-(b) (chronic substance abuse; children in out-of-home care and parent’s refusal/substantial neglect to remedy circumstances).
- Juvenile court found DCS made reasonable efforts, proved statutory grounds (chronic substance abuse and time-in-care), and that termination was in the children’s best interests; appellate court affirmed.
Issues
| Issue | Mother’s Argument | DCS’s Argument | Held |
|---|---|---|---|
| Whether DCS proved, by clear and convincing evidence, that Mother substantially neglected or willfully refused to remedy the circumstances causing out-of-home placement under A.R.S. § 8-533(B)(8)(a) | Inconsistent/partial participation in services does not rise to substantial or willful neglect | Sporadic, aborted attempts plus multiple positive methamphetamine tests and noncompliance support finding of substantial neglect and inability to discharge parental responsibilities | Affirmed: record supports finding Mother substantially neglected to remedy chronic methamphetamine use; termination upheld |
Key Cases Cited
- Michael J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246 (2000) (standard for reunification efforts and termination findings)
- Kent K. v. Bobby M., 210 Ariz. 279 (2005) (best-interests burden is preponderance of the evidence)
- Maricopa Cty. Juv. Action No. JS-501568, 177 Ariz. 571 (1994) (sporadic, aborted attempts to remedy addiction can support termination)
- Donald W., Sr. v. Ariz. Dep’t of Econ. Sec., 215 Ariz. 199 (2007) (affirming termination where parent failed to cooperate with services)
- Ariz. Dep’t of Econ. Sec. v. Oscar O., 209 Ariz. 332 (2004) (factfinder’s role in weighing evidence and credibility)
- Jesus M. v. Ariz. Dep’t of Econ. Sec., 203 Ariz. 278 (2002) (appellate deference to juvenile court factfindings)
- Audra T. v. Ariz. Dep’t of Econ. Sec., 194 Ariz. 376 (1999) (review standard: affirm unless no reasonable evidence supports findings)