Jeffrey P. v. Department of Child Safety
239 Ariz. 212
| Ariz. Ct. App. | 2016Background
- Father Jeffrey P. is the father of Child born in 2013 who was substance-exposed at birth due to the mother’s methamphetamine use.
- DCS filed a dependency petition; Child was returned to Father in September 2013 after Father acknowledged need for services and a safe environment.
- In November 2013 Father was arrested for second-degree burglary and DCS removed Child from his custody; Father later received a 2.5-year prison term.
- Following incarceration, DCS moved to terminate both parents’ rights on the ground that incarceration would deprive Child of a normal home for years under § 8-533(B)(4).
- The superior court granted the termination; Father appealed claiming the court failed to consider possible early release and other factors; the Court of Appeals affirmed the termination, upholding the court’s discretionary weighing of factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a court must presume early release when applying § 8-533(B)(4). | Father argues court should presume no early release. | DCS and State argue court may consider but need not presume release. | Court may consider the possibility of early release but need not presume it. |
| Whether the incarceration period, including possible early release, supports severance under § 8-533(B)(4). | Father contends a shorter than full term cannot support deprivation for years. | DCS argues period of incarceration and its impact on Child support severance. | Court properly evaluated the entire anticipated period of incarceration and its effect on the child. |
| Whether the court adequately considered the parent-child relationship existing during incarceration. | Father asserts the court ignored pre-incarceration relationship. | Court weighed whether relationship could be nurtured during incarceration. | Court permissibly weighed both existing relationship and diminished ability to nurture it. |
| Whether the record supports termination given the availability of another caregiver and the child’s needs during incarceration. | Father argues there was a strong unless interrupted relationship; mother’s rights terminated. | Record shows no safe parent available during incarceration and need for stability. | Record supports termination under the “normal home” consideration. |
Key Cases Cited
- Michael J. v. Ariz. Dep't of Econ. Sec., 196 Ariz. 246 (Arizona Supreme Court 2000) (set out factors for determining if incarceration deprives a child of a normal home)
- Rocky J., 234 Ariz. 437 (Arizona Court of Appeals 2014) (anticipated early release is a relevant factor in severance based on incarceration)
- Matthew L., 223 Ariz. 547 (Arizona Court of Appeals 2010) (permitted considering anticipated release date under incarceration grounds)
- Jesus M. v. Ariz. Dep't of Econ. Sec., 203 Ariz. 278 (Arizona Court of Appeals 2002) (reiterates court’s deference to superior court credibility findings)
- Maricopa County Juv. Action No. JS-5609, 149 Ariz. 574 (Arizona Court of Appeals 1986) (defines ‘normal home’ concept as presence of parent, not substitute caregivers)