Jessica C. v. Dcs, 1 CA-JV 16-0279

Mother (Jessica C.) is biological parent of two children removed by DCS after she left home in June 2015 and could not be contacted; children adjudicated dependent after mother failed to appear at a pretrial.
DCS filed to terminate parental rights on grounds of chronic substance abuse and children being in out-of-home placement for nine months.
At a May 10, 2016 hearing the court changed the case plan to severance and adoption and read Form 3 (admonishing mother that failure to appear could waive rights); initial severance hearing set for June 9, 2016.
June 9 hearing was continued because mother had not been timely served; court rescheduled to June 15; mother attended June 9 but did not appear June 15. Her counsel said she was at a rescue mission and later claimed her purse (with phone and paperwork) had been stolen.
The juvenile court found no good cause for her absence, proceeded in her absence, and terminated parental rights after finding DCS proved statutory grounds and severance was in the children’s best interests; mother’s post-hearing request to find good cause was denied and she appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether mother had good cause for failing to appear at the rescheduled termination hearing	Mother: theft of her purse (loss of phone/paperwork) and resulting lack of resources prevented her attendance	DCS: mother had notice (attended June 9), had time and available means (residential facility, counsel, court) to confirm or secure attendance; was previously admonished	Court: no abuse of discretion in finding no good cause; mother could have taken steps to ensure attendance
Whether termination was proper on the record after proceeding in mother’s absence	Mother: (implicitly) proceeding in absence and severance should be set aside if good cause exists	DCS: Rule 66(D)(2) permits proceeding and terminating when parent had notice, admonition, and failed to appear without good cause; evidence supports statutory grounds and best interests	Court: termination affirmed; at least one statutory ground (chronic substance abuse / nine-month out-of-home placement) proven and severance in children’s best interests

Adrian E. v. Ariz. Dep’t of Econ. Sec., 215 Ariz. 96 (App. 2007) (finding of good cause for failure to appear is largely discretionary)
LaShonda M. v. Ariz. Dep’t of Econ. Sec., 210 Ariz. 77 (App. 2005) (standard for abuse of discretion review)
Michael J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246 (2000) (parental rights are fundamental but not absolute; statutory grounds can support severance)
Kent K. v. Bobby M., 210 Ariz. 279 (2005) (best-interest standard: preponderance required for severance)
Jesus M. v. Ariz. Dep’t of Econ. Sec., 203 Ariz. 278 (App. 2002) (appellate deference to juvenile court factfinding)
Mary Lou C. v. Ariz. Dep’t of Econ. Sec., 207 Ariz. 43 (App. 2004) (appellate review limited to whether evidence supports the court’s ruling)
Manuel M. v. Ariz. Dep’t of Econ. Sec., 218 Ariz. 205 (App. 2008) (relation of Rule 66 to A.R.S. § 8-863)