Christina G. v. Arizona Department of Economic Security
227 Ariz. 231
| Ariz. Ct. App. | 2011Background
- Mother was sixteen when the child was born in August 2007 and lived in a DES-group home.
- CPS received multiple reports in late 2008 of rough treatment by Mother toward the child and injuries in some incidents, though no injuries were reported.
- March 2008: Mother failed to properly strap the child in a stroller leading to a bloody nose; a broken crib rail incident occurred the day before it was repaired.
- October 2008: Mother yelled and threw a phone in a group home; the child appeared afraid, and CPS took custody of the child in December 2008.
- ADES filed a dependency petition alleging dependence due to Mother's mental deficiencies and physical abuse; the court ordered reunification services and later additional services.
- March 2009: Dr. Thal diagnosed mild mental retardation and a mood disorder, recommending severance and adoption as the appropriate plan; despite this, ADES continued offering services through 2009–2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ADES made reasonable reunification efforts | Mother | ADES | Record supports that efforts were reasonable; even if not perfect, futility supported termination |
| Whether continued reunification would be futile | Mother | ADES | Yes, continued services would be futile given Mother's cognitive/psychological deficits and risk to child |
| Best interests of the child in severance | Mother | ADES | Severance in the child's best interests due to adoptability and risk if not terminated |
Key Cases Cited
- Mary Ellen C. v. Ariz. Dep't of Econ. Sec., 193 Ariz. 185 (App.1999) (reunification duties and futility standards for services)
- Vanessa H. v. Ariz. Dep't of Econ. Sec., 215 Ariz. 252 (App.2007) (reunification efforts futile where substantial evidence shows no ability to function as parent)
- Mary Lou C. v. Ariz. Dep't of Econ. Sec., 207 Ariz. 43 (App.2004) (services not required to be provided if futile; duty to attempt but not to provide futile services)
- In re Maricopa Cnty. Juv. Action No. JS-501904, 180 Ariz. 348 (App.1994) (diligent efforts and reasonable prospect of success in reunification)
- James S. v. Ariz. Dep't of Econ. Sec., 193 Ariz. 351 (App.1998) (best interests standard and evidence considerations for severance)