Earl S. v. Dcs, 1 CA-JV 16-0330

Background

Father and Mother are N.N.’s biological parents; DCS removed N.N. after a December 2014 domestic disturbance and filed a dependency petition against Father for failure to protect, mental health issues, substance abuse, domestic violence, and instability.
N.N. was found dependent (Feb 2015); the court ordered reunification services concurrent with severance/adoption including paternity testing, a parent aide, psychiatric evaluation, substance testing/treatment, and domestic violence services.
Father tested positive for methamphetamine in Oct 2015 and May 2016; he established paternity in April 2016 and completed a psychological evaluation in June 2016 diagnosing substance abuse and several severe mental disorders.
DCS moved to terminate Father’s parental rights under A.R.S. § 8-533(B)(3) (mental illness) and (8)(a) (time in out-of-home care); the juvenile court found clear and convincing evidence for these grounds, that DCS made reasonable reunification efforts, and that termination was in the child’s best interests.
Father appealed, arguing (1) DCS failed to make reasonable reunification efforts (specifically by not providing visitation) and (2) the record did not support chronic substance abuse; the court affirmed, relying on the mental-illness statutory ground and finding further services would be futile.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether DCS made reasonable efforts to provide reunification services (including visitation)	Father: DCS withheld visitation, so reunification was impossible; DCS failed to show no other services could be provided	DCS: Services (mental-health, testing, evaluations) were provided; visitation was properly conditioned on completion of court-ordered steps and was not required if futile	Court: DCS made reasonable efforts; it was not required to provide futile services or initiate visitation when Father failed to complete prerequisites
Whether clear and convincing evidence supports severance for mental illness under A.R.S. § 8-533(B)(3)	Father: Challenges court’s factual findings (largely waived or unbriefed)	DCS: Evidence included psychological evaluation diagnosing severe, chronic mental illness and substance abuse; inability to parent likely to continue	Court: Found clear and convincing evidence of mental illness ground; Father did not meaningfully contest key findings, so affirmed
Whether chronic substance abuse was proven as alternative ground	Father: Insufficient evidence of chronic substance abuse	DCS: Multiple positive meth tests, history in evaluation support chronic use	Court: Declined to address because one statutory ground (mental illness) sufficed to affirm severance
Whether further reunification efforts would be futile	Father: Argued DCS should have attempted visitation and other services	DCS: Further efforts unlikely to succeed given Father’s noncompliance, positive drug tests, and delayed completion of prerequisites	Court: Found further efforts would have been futile and termination appropriate

Key Cases Cited

Michael J. v. ADES, 196 Ariz. 246 (parental-severance burden and clear-and-convincing standard)
Jesus M. v. ADES, 203 Ariz. 278 (deference to juvenile court credibility and findings)
ADES v. Matthew L., 223 Ariz. 547 (viewing severance evidence in light most favorable to sustaining findings)
Denise R. v. ADES, 221 Ariz. 92 (requirements for severance under mental-illness ground)
Christina G. v. ADES, 227 Ariz. 231 (DCS not required to provide futile services; reasonable-efforts analysis)
Maricopa County Juvenile Action No. JD-5312, 178 Ariz. 372 (superior court discretion regarding visitation when parental rights at issue)
Maricopa County Juv. Action No. JS-501568, 177 Ariz. 571 (appellate review of severance findings)
Pima County Severance Action No. S-2397, 161 Ariz. 574 (scope of DCS’s obligations to offer services)
Desiree S. v. DCS, 235 Ariz. 532 (distinguishable: lack of evidence mother could remedy circumstances)