266 P.3d 1075
Ariz. Ct. App.2011Background
- Francisco F. appeals the March 2011 juvenile court order terminating his parental rights to Shawn S., born June 2009.
- ADES sought to relieve reunification services under § 8-846(B)(1)(d) and Rule 57; the court, on November 13, 2009, held reunification efforts were not required.
- Before Shawn's adjudication, ADES moved to sever Francisco's parental rights; after a contested hearing, the court terminated his parental rights on March 7, 2011.
- The termination order reflects findings under § 8-533(B)(2) and (4), but the written Order section appears to cite § 8-533(B)(3), (8)(b), and (8)(a).
- Francisco challenged the November 2009 Rule 57 relief as erroneous; this court held the Rule 57 Order was final and appealable and that Francisco failed to timely appeal, depriving this court of jurisdiction over that ruling.
- The court affirmed the termination order as corrected, declining to reweigh evidence or reconsider grounds for termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the November 2009 Rule 57 relief final and appealable? | Francisco argues the Rule 57 relief was erroneous. | ADES contends Francisco did not timely appeal the Rule 57 order. | Yes, final and appealable; lack of timely appeal precludes review of that ruling. |
| Did the juvenile court properly terminate Francisco's parental rights on the March 2011 order? | Francisco asserts error in termination due to improper denial of reunification services. | ADES argues grounds for termination were supported; court should not reweigh evidence. | Terminating parental rights affirmed as corrected; court did not reweigh evidence. |
Key Cases Cited
- Rita J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 512 (Ariz. 2000) (appealability of juvenile orders; finality analysis)
- In re Yavapai Cnty. Juv. Action No. J-8545, 140 Ariz. 10 (Ariz. 1984) (final order determined by practical effect on rights; reunification context)
- In re Maricopa Cnty. Juv. Action No. JD-5312, 178 Ariz. 372 (Ariz. 1984) (visitation as a reunification service; final order)
- Jared P. v. Glade T., 221 Ariz. 21 (Ariz. 2009) (timeliness of appeal governs jurisdiction)
- Campbell v. Arnold, 121 Ariz. 370 (Ariz. 1979) (court jurisdiction; de novo review of legal questions)
- Andrew R. v. Ariz. Dep’t of Econ. Sec., 223 Ariz. 453 (Ariz. 2010) (statutory interpretation; appellate review)
- Michael M. v. Ariz. Dep’t of Econ. Sec., 202 Ariz. 198 (Ariz. 2002) (reunification services and related standards)
- Oscar O. v. Ariz. Dep’t of Econ. Sec., 209 Ariz. 332 (Ariz. 2005) (standards for termination of parental rights)