Emily S. v. Dcs, G.J.
1 CA-JV 16-0284
| Ariz. Ct. App. | Mar 23, 2017Background
- G.J. (b. 2011) was removed in Aug. 2013 after being found wandering and Mother was found using heroin; Mother later pled guilty to felony child abuse and was placed on 10 years’ probation.
- DCS filed dependency petition alleging long-term substance abuse, neglect, and mental-health issues; G.J. found dependent in Oct. 2013 and placed in care; he has developmental delays and behavioral issues.
- DCS provided multiple services (psych eval, substance treatment and testing, counseling, parenting classes, etc.); Mother’s participation was sporadic and she tested positive for methamphetamine in June 2014, leading to removal of a newborn.
- In Aug. 2014 the case plan changed to severance and adoption; DCS sought termination on five statutory grounds including 9- and 15-months time-in-care, felony conviction, neglect, and substance abuse.
- After a two-day severance adjudication, the superior court terminated Mother’s parental rights in July 2016, finding clear-and-convincing evidence for 15-months time-in-care, felony conviction, and neglect, and that termination was in the child’s best interests; Mother appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported termination under the 15-months time-in-care ground | Mother: insufficient evidence to prove 15-month statutory ground | DCS: evidence showed prolonged placement and Mother’s failure to remedy conditions | Court: affirmed — but Mother waived challenge to other independent grounds; at least one ground (felony conviction, neglect) supports termination |
| Whether termination was in child’s best interests | Mother: no proof severance would benefit child; no adoptive home established; behavioral issues weigh against severance | DCS: child needs stability, is adoptable, has improved in therapeutic placement, and needs ongoing therapy tied to trauma in Mother’s care | Court: affirmed — preponderance supports finding that severance was in child’s best interests |
| Whether failure to challenge other statutory findings affects outcome | Mother: did not challenge felony-conviction and neglect findings | DCS: unchallenged independent grounds are sufficient; only one statutory ground is required | Court: affirmed — unchallenged findings (felony conviction, neglect) independently support termination |
Key Cases Cited
- Kent K. v. Bobby M., 210 Ariz. 279 (explains dual burdens for severance: clear and convincing for grounds; preponderance for best interests)
- Michael J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246 (confirms burden standards for termination)
- Jordan C. v. Ariz. Dep’t of Econ. Sec., 223 Ariz. 86 (appellate deference to superior court’s credibility and fact findings)
- Mary Lou C. v. Ariz. Dep’t of Econ. Sec., 207 Ariz. 43 (best-interests inquiry focuses on benefit from severance or harm from continuation)
- Christina G. v. Ariz. Dep’t of Econ. Sec., 227 Ariz. 231 (failure to develop argument on appeal results in waiver)
- Manuel M. v. Ariz. Dep’t of Econ. Sec., 218 Ariz. 205 (appellate view of evidence in light most favorable to sustaining findings)