James P. v. Dcs, J.M.
1 CA-JV 16-0420
Ariz. Ct. App.Apr 4, 2017Background
- JM born March 21, 2015; taken into DCS custody at birth after testing positive for opiates and mother facing substance-abuse and domestic-violence allegations.
- Father’s paternity not established at birth; he failed to appear at the September 2015 dependency hearing and was later found JM dependent.
- Father established paternity about five months later but largely failed to engage with DCS or the child, attending hearings only sporadically and missing the initial severance hearing without good cause.
- GAL moved to terminate Father’s rights in July 2016 on abandonment and 15-month out-of-home placement grounds; Father waived the right to contest evidence by missing the initial severance hearing.
- At the severance trial, DCS presented evidence JM was adoptable, in an adoptive-ready foster home that met her special needs, and that severance would provide permanency and stability; Father admitted he had never met JM.
- The juvenile court found abandonment (failure to support/contact for >6 months), that Father failed to rebut the presumption of abandonment, and that severance was in JM’s best interests; appeal followed.
Issues
| Issue | Plaintiff's Argument (Father) | Defendant's Argument (DCS/GAL) | Held |
|---|---|---|---|
| Whether DCS proved severance is in JM’s best interests | Severance not shown by preponderance; court failed to find Father unable to parent or meet child’s special needs; Lawrence R. factors not considered | DCS presented credible evidence of adoptability and that current placement meets JM’s needs; best-interests statutory standard satisfied | Court affirmed: DCS met best-interests requirement by showing adoptability and permanency benefits |
| Whether statutory abandonment ground established | Father argued just cause for missing contact and hearings | DCS relied on failure to maintain normal parental relationship and lack of support for >6 months | Court found clear-and-convincing evidence of abandonment; Father failed to rebut presumption |
| Whether Father waived right to contest severance evidence by missing initial hearing | Father claimed misunderstanding of date | DCS argued absence without good cause permits finding of waiver under A.R.S. §8-535(D) | Court upheld finding Father failed to appear without good cause and waived right to contest evidence |
Key Cases Cited
- Michael J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246 (discussing severance standard of proof)
- Kent K. v. Bobby M., 210 Ariz. 279 (best-interests preponderance standard explained)
- Lawrence R. v. Ariz. Dep’t of Econ. Sec., 217 Ariz. 585 (adoptability evidence can satisfy best-interests requirement)
- Mary Lou C. v. Ariz. Dep’t of Econ. Sec., 207 Ariz. 43 (court may consider adoptability and placement meeting child’s needs)
- Universal Underwriters Ins. Co. v. State Auto. & Cas. Underwriters, 108 Ariz. 113 (presumption disappears when contrary evidence introduced)
- Jesus M. v. Ariz. Dep’t of Econ. Sec., 203 Ariz. 278 (appellate review accepts juvenile court’s findings if supported by reasonable evidence)
- Maricopa Cty. Juv. Action No. JS-501904, 180 Ariz. 348 (supporting precedent that stability from adoption can justify severance)