Guthrie S. v. Dcs, A.S.
1 CA-JV 16-0344
| Ariz. Ct. App. | Jan 24, 2017Background
- Child A.S. born July 2014 substance-exposed with Neonatal Abstinence Syndrome; DCS opened a dependency and implemented a safety plan.
- Father had longstanding substance-abuse history, pending/then-pleaded criminal charges, and was given supervised visits, treatment referrals, testing, and parent-aide services.
- Child removed days after birth for safety-plan violations; dependency adjudicated January 2015 and reunification plan adopted, later changed to severance and adoption in November 2015.
- Father completed an intensive outpatient program (Calvary) but did not complete required aftercare; numerous missed and positive drug tests occurred over the case, including a positive urinalysis in Sept. 2015.
- DCS sought termination under A.R.S. § 8-533(B)(3) (chronic substance abuse) and § 8-533(B)(8)(c) (15 months out-of-home placement); the juvenile court found clear-and-convincing evidence of chronic substance abuse and that termination was in the child’s best interests.
Issues
| Issue | Plaintiff's Argument (Father) | Defendant's Argument (DCS) | Held |
|---|---|---|---|
| Whether evidence supports termination under A.R.S. § 8-533(B)(3) for chronic substance abuse | Father contends he showed sobriety through Calvary treatment and three hair-follicle tests indicating no drugs | DCS pointed to decades-long abuse, missed tests, prior positives, failed aftercare, and a positive urinalysis after treatment, showing chronic abuse likely to continue | Court affirmed: reasonable evidence supports chronic-substance-abuse ground; temporary tests don’t outweigh history and failures to sustain sobriety |
| Whether short-term/documentary evidence of sobriety (hair tests) rebuts finding of chronic abuse | Father argued recent hair tests showed sobriety and rebutted chronic-abuse finding | DCS argued hair tests were insufficient given missed testing, prior positives, lack of recent confirmation, and failure to complete aftercare | Held: Court found temporary abstinence (hair tests) insufficient to overcome lengthy history and failures to remain sober during the case |
Key Cases Cited
- Linda V. v. Ariz. Dep’t of Econ. Sec., 211 Ariz. 76 (App. 2005) (standard for terminating parental rights requires clear-and-convincing evidence of statutory ground)
- Mario G. v. Ariz. Dep’t of Econ. Sec., 227 Ariz. 282 (App. 2011) (best-interests finding requires preponderance of the evidence)
- Ariz. Dep’t of Econ. Sec. v. Oscar O., 209 Ariz. 332 (App. 2004) (trial court’s factfinding entitled to deference)
- Jennifer B. v. Ariz. Dep’t of Econ. Sec., 189 Ariz. 553 (App. 1997) (appellate review accepts juvenile court’s factual findings if reasonable evidence supports them)
- Raymond F. v. Ariz. Dep’t of Econ. Sec., 224 Ariz. 373 (App. 2010) (chronic substance abuse may be found despite temporary abstinence; child’s interest in permanency can outweigh parent’s ongoing struggle)
- Jennifer S. v. Dep’t of Child Safety, 240 Ariz. 283 (App. 2016) (courts may consider length/frequency/types of substance abuse, relapse history, and remedial efforts in evaluating § 8-533(B)(3))
- Jesus M. v. Ariz. Dep’t of Econ. Sec., 203 Ariz. 278 (App. 2002) (if any statutory ground is supported, appellate review need not address other grounds)