Joshua J. v. Arizona Department of Economic Security
230 Ariz. 417
| Ariz. Ct. App. | 2012Background
- CPS took J.J. and J.L.J. into custody in April 2011 for neglect and parental drug use; ADES filed two dependency petitions against Father.
- The 90-day deadline to complete the dependency adjudication began April 28, 2011, with a last day of July 27, 2011, unless extended for good cause or extraordinary circumstances.
- A June 20, 2011 pretrial conference set a July 28 hearing, with August 19 continuation; Father urged completion within 90 days.
- The hearings occurred on July 28 and August 19, 2011, but there was no written finding of extraordinary circumstances or motion for the 30-day extension.
- Ruling of dependency was issued October 13–14, 2011; Father appealed challenging the timing but not the evidence supporting dependency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 90-day completion deadline is mandatory or directory | Father argues § 8-842(C) is mandatory and must be strictly followed | ADES contends the deadline is directory and extensions are permissible | Shall is directory; noncompliance does not automatically void proceedings |
| Whether Father was prejudiced by the delay | Father claims delay caused prejudice | State argues no prejudice shown by delay | No demonstrated prejudice from the delay |
| Whether the evidence supports dependency under § 8-201(13) | Evidence insufficient to prove neglect/abuse | Evidence showed home conditions, drug paraphernalia, and meth use | Evidence supports dependency finding |
Key Cases Cited
- Southern Union Gas Co. v. Dept. of Revenue, 119 Ariz. 512, 582 P.2d 160 (Ariz. 1978) (directory vs mandatory interpretation of time limits; not void absent explicit consequence)
- In re Guardianship of Cruz, 154 Ariz. 184, 741 P.2d 317 (Ariz. 1987) (interpretation of ‘shall’ vs ‘may’ in statutes)
- State v. Vasko, 193 Ariz. 142, 971 P.2d 189 (Ariz. App. 1998) (prejudice required to warrant reversal for speedy-trial-type delays)
- Willie G. v. Ariz. Dep’t of Econ. Sec., 211 Ariz. 231, 119 P.3d 1034 (Ariz. App. 2005) (broad deference to juvenile court; dependency standard is deferential to court’s findings)