Corey C. v. Dcs, B.C.
1 CA-JV 16-0397
| Ariz. Ct. App. | Mar 14, 2017Background
- Father was arrested and incarcerated in April 2015, before the child’s May 2015 birth, and sentenced in September 2015 to 2.5 years (projected release March–October 2017).
- Father initially refused paternity testing but was later adjudicated the child’s father; mother’s parental rights were terminated for abandonment in July 2016.
- DCS moved to terminate Father’s parental rights under A.R.S. § 8-533(B)(4) on the ground his incarceration would deprive the child of a normal home for a period of years.
- At the contested severance hearing, DCS and Father testified: DCS emphasized there was no parent-child relationship due to incarceration; Father testified he could bond and engage in services after release and noted possible early release.
- The superior court found the Michael J. factors supported termination (no existing relationship to nurture, child’s young age, sentence length, mother unavailable) and terminated Father’s rights; Father appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether incarceration will deprive the child of a normal home for a period of years under A.R.S. § 8-533(B)(4) | Father: court erred by not giving weight to likely early release and possibility of establishing relationship after release | DCS: sentence length, lack of any parent-child relationship, child’s age, and mother’s termination support finding deprivation | Court affirmed: considered potential early release but reasonably relied on sentence length and Michael J. factors to find deprivation |
| Whether the superior court properly applied Michael J. factors | Father: court failed to adequately consider continuation/nurturing of relationship during incarceration | DCS: court considered all Michael J. factors and factual record supports findings | Court held factual findings on each Michael J. factor were supported and not clearly erroneous |
Key Cases Cited
- Michael J. v. Ariz. Dep't of Econ. Sec., 196 Ariz. 246 (2000) (sets factors for evaluating termination based on incarceration)
- Kent K. v. Bobby M., 210 Ariz. 279 (2005) (best-interest standard for termination proven by preponderance)
- Audra T. v. Ariz. Dep't of Econ. Sec., 194 Ariz. 376 (1998) (standard of review for termination orders: factual findings will be upheld unless no reasonable evidence supports them)
- Jeffrey P. v. Dep't of Child Safety, 239 Ariz. 212 (App. 2016) (court need not presume early release when assessing incarceration-related termination)