Donovan L. v. Dcs
1 CA-JV 16-0435
| Ariz. Ct. App. | Apr 13, 2017Background
- Father and Mother are the parents of M.L. (b. Jan. 2013) and D.L. (b. Apr. 2014); Mother has a child B.L. from a prior relationship who lived with them.
- In Sept. 2014 DCS removed the children after multiple incidents of the children found unsupervised in unsanitary conditions at the maternal grandfather’s home (feces, urine, bug bites, pills accessible); court found M.L. and D.L. dependent as to Father.
- DCS provided services and the children were returned to parents; dependencies were terminated in March 2016 after DCS’s requests.
- In Apr.–May 2016 several new incidents occurred: D.L. found alone outside; both boys found in the street wearing only diapers; Mother was later criminally charged. DCS filed a second dependency petition and sought to terminate Father’s parental rights on neglect and prior removal grounds (A.R.S. § 8-533(B)(2), (11)).
- Father consented to a paper trial and submitted a written statement. The superior court found clear-and-convincing evidence of neglect and that severance was in the children’s best interests; Father appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether clear-and-convincing evidence supported termination for neglect under A.R.S. § 8-533(B)(2) | DCS: Father knew or reasonably should have known the children were being neglected and was unable or unwilling to protect them from future harm | Father: Evidence was insufficient because only one of multiple incidents involved him alone; cites Jade K. (single-incident reversal) | Affirmed: Court found multiple incidents and father’s failure to protect/support a sufficient basis for neglect-based termination |
| Whether termination relied improperly on a single incident (claimed by Father) | DCS: Court considered the totality of incidents, not just the April 2016 event | Father: Relies on Jade K. to argue severance cannot rest on a single episode of parental inattention | Affirmed: Court rejected single-incident argument; relied on earlier and later incidents and father’s culpability or failure to prevent neglect |
Key Cases Cited
- Kent K. v. Bobby M., 210 Ariz. 279 (explains statutory standard for termination and focus on parent’s conduct)
- Jade K. v. Loraine K., 240 Ariz. 414 (reversed severance where court focused on injury rather than parent’s conduct in single-incident case)
- Jordan C. v. Ariz. Dep’t of Econ. Sec., 223 Ariz. 86 (appellate review defers to superior court’s factual findings in termination cases)
- Ariz. Dep’t of Econ. Sec. v. Oscar O., 209 Ariz. 332 (same: appellate deference to trial court in dependency/termination proceedings)