Background - Mother and Father have five children; DCS first received reports of filthy living conditions in 2013 and again in 2014 when the parents were homeless and the children were removed and placed with maternal grandmother. - Dependency was adjudicated and a reunification plan ordered; parents completed some services but had mixed success (Mother’s drug tests negative; Father repeatedly tested positive for marijuana and later had/possibly had a medical marijuana card). - Repeated concerns included foul odors (urine, dead animal, mildew), insect infestations, and a lingering smell of marijuana in parental residences; DCS limited overnight visits and supervised those that occurred. - Parents participated unevenly in parent-aide services and supervised visits, missed sessions, cancelled visits for lack of money, and were criticized for failing to discipline and redirect children. - Psychologist evaluated both parents: Mother’s prognosis "poor to cautious" due to denial of problems; Father’s prognosis "poor" because of defensiveness, minimization, and marijuana-related impairment. - Superior court changed plan to severance and adoption, then terminated parental rights under A.R.S. § 8-533(B)(8)(c) (15 months’ time-in-care ground); parents appealed and the court of appeals affirmed. ### Issues | Issue | Plaintiff's Argument | Defendant's Argument | Held | |---|---:|---:|---:| | Whether time-in-care ground (A.R.S. § 8-533(B)(8)(c)) was met | Parents: they remedied housing, substance, and parenting issues; therefore circumstances causing removal were remedied | DCS: parents failed to remedy persistent cleanliness, Father’s marijuana use, and inability to control children | Court: affirmed — children were in out-of-home care 15+ months; parents had not remedied circumstances and likely would not be able to parent in near future | | Whether parents remedied home cleanliness problems | Mother/Father: they investigated and addressed housing complaints | DCS: recurring foul smells across multiple homes and inadequate remediation show persistent problem | Court: affirmed — reasonable evidence supported ongoing cleanliness issues and lack of adequate remediation | | Effect of Father’s medical marijuana status on severance | Father/Mother: medical marijuana privilege prevents adverse action based on marijuana use | DCS: Father used marijuana illegally before/after any card and impairment, not mere use, was the concern | Court: affirmed — even assuming prior card, evidence showed illegal use and the focus was on parenting impairment, not mere use; court properly considered marijuana’s impact | | Whether parents are likely to be able to parent in the near future | Parents: made some improvements and should not be severed | DCS: parents remain in denial, were defensive, and have poor prognoses from psychologist | Court: affirmed — substantial likelihood parents would not be capable in near future given persistent denial and expert opinion | ### Key Cases Cited Michael J. v. Ariz. Dep't of Econ. Sec., 196 Ariz. 246 (court of appeals standard for severance grounds) Kent K. v. Bobby M., 210 Ariz. 279 (best-interests preponderance for severance) Demetrius L. v. Joshlynn F., 239 Ariz. 1 (deference to juvenile court factfinding and credibility) Marina P. v. Ariz. Dep't of Econ. Sec., 214 Ariz. 326 (circumstances considered are those existing at severance) State v. Fields, 232 Ariz. 265 (presumption of privileged medical marijuana use applies only to valid cardholders) Matter of Appeal in Maricopa County Juvenile Action No. JS-501568, 177 Ariz. 571 (improvement does not preclude severance if too late)