Elijah H. v. Dcs, 1 CA-JV 16-0477

Father is biological parent of two young children (15 months and 2.5 years at time of his incarceration); children were adjudicated dependent in Aug. 2014.
Father was arrested Aug. 2015 for firearm possession and possession of marijuana for sale and sentenced to 4.5 years in prison.
DCS moved to terminate Father's parental rights under A.R.S. § 8-533(B)(4) (length of incarceration deprives child of a normal home for years).
At the contested termination hearing the superior court found by clear and convincing evidence that the incarceration length supported termination and by a preponderance that termination was in the children’s best interests.
Superior court found the 15-month-old had no meaningful relationship with Father; the older child had an unhealthy, turbulent relationship and remembered domestic violence; Mother was also being severed, leaving no other parent to provide a normal home.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Father’s 4.5-year imprisonment is a statutory ground for termination under A.R.S. § 8-533(B)(4)	Father contends evidence did not support termination based on length of incarceration	DCS contends the sentence length, lack of meaningful bond, inability to nurture relationship during incarceration, and absence of another parent justify termination	Court affirmed: substantial evidence supported termination under § 8-533(B)(4) after weighing Michael J. factors

Michael J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246 (establishes factors for incarceration-based termination under § 8-533(B)(4))
Audra T. v. Ariz. Dep’t of Econ. Sec., 194 Ariz. 376 (standard of review for termination findings)
Jesus M. v. Ariz. Dep’t of Econ. Sec., 203 Ariz. 278 (deference to trial court credibility and factfinding in severance cases)
Imperial Litho/Graphics v. M.J. Enters., 152 Ariz. 68 (substantial-evidence standard where evidence conflicts)