Janine E. v. Dcs
1 CA-JV 17-0026
| Ariz. Ct. App. | Aug 1, 2017Background
- Children (A.S., R.S.) removed in 2013; DCS placed them with paternal grandmother after father sought treatment and mother lacked stable housing.
- Multiple disclosures over time alleged physical and emotional abuse by mother’s boyfriend, Cyrus (handcuffing, spanking, tape, forced cold showers); children exhibited PTSD symptoms and dangerous behaviors requiring hospitalization.
- Mother repeatedly denied abuse, minimized problems, and remained in/returned to a relationship with Cyrus despite warnings; she later conceived a child with him and moved out of state.
- DCS provided services, therapeutic visitation, and psychological evaluations; Dr. Moe diagnosed PTSD and concluded the children were victims of physical and emotional abuse by Cyrus.
- Juvenile court adopted severance and adoption plan; after a contested hearing the court found (1) mother failed to protect the children from abuse by Cyrus (A.R.S. § 8-533(B)(2)) and (2) severance was in the children’s best interests; mother appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether clear and convincing evidence supports severance for abuse under A.R.S. § 8-533(B)(2) | Mother: children’s reports unreliable; grandmother may have influenced them; no criminal charges | DCS: children’s consistent reports, expert diagnosis, mother on notice and continued relationship with Cyrus | Affirmed: clear and convincing evidence that mother knew or should have known of abuse and willfully failed to protect |
| Whether severance is in the children’s best interests | Mother: bond with children; preserves relationship with half-brother; long-distance contact possible | DCS: continued relationship with mother would perpetuate trauma and risk reexposure to Cyrus; mother prioritizes Cyrus over children | Affirmed: preponderance shows severance benefits children and prevents further harm |
Key Cases Cited
- Michael J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246 (2000) (standard for proving statutory grounds for termination)
- E.R. v. DCS, 237 Ariz. 56 (App. 2015) (abuse finding can be supported absent medical diagnosis; circumstantial evidence sufficient)
- Dominique M. v. DCS, 240 Ariz. 96 (App. 2016) (best-interests analysis considers totality; parent–child bond not dispositive)
- Kent K. v. Bobby M., 210 Ariz. 279 (2005) (termination requires showing severance is in child’s best interests)