Lachelle J. v. Dcs
1 CA-JV 19-0143
Ariz. Ct. App.Jan 9, 2020Background
- Mother (Lachelle J.) is the biological parent of ten children; this appeal concerns her eighth child, A.M. (born Oct. 2015).
- Mother has a long history (≈15 years) of methamphetamine abuse, multiple relapses, prior criminal convictions, and prior DCS involvement including earlier dependency proceedings and termination of rights to other children.
- From 2010–2018 DCS provided extensive services (treatment, counseling, testing, supervised visitation), but Mother repeatedly relapsed and missed or submitted diluted drug tests in 2018–2019.
- DCS concluded reunification was futile and moved to terminate Mother’s parental rights to A.M. on chronic substance abuse grounds in Nov. 2018.
- At the April 2019 severance hearing the court found clear and convincing evidence of chronic substance abuse and that termination was in A.M.’s best interests; Mother appealed and the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DCS proved chronic substance abuse under A.R.S. § 8‑533(B)(3) | Mother: five months sober, stable housing, support group, identified triggers—insufficient proof of inability to parent or long‑term risk | DCS: long history of relapse, positive tests, missed/diluted tests, prior failures of services show inability to parent and high likelihood of relapse | Affirmed: record supports chronic substance abuse (history, relapse pattern, recent tests) |
| Whether termination is in the child’s best interests | Mother: recent improvements support reunification prospects | DCS: child's interest in permanency outweighs Mother’s uncertain recovery | Affirmed: courts found child’s interest in permanency prevailed over Mother’s uncertain sobriety |
Key Cases Cited
- Jeffrey P. v. Dep’t of Child Safety, 239 Ariz. 212 (App. 2016) (standard for proving statutory grounds and best‑interests burden in termination proceedings)
- Jesus M. v. Ariz. Dep’t of Econ. Sec., 203 Ariz. 278 (App. 2002) (appellate review standard for juvenile court findings in dependency/termination cases)
- Jennifer S. v. Dep’t of Child Safety, 240 Ariz. 282 (App. 2016) (definition and treatment of chronic substance abuse as long‑lasting but not necessarily constant)
- Raymond F. v. Ariz. Dep’t of Econ. Sec., 224 Ariz. 373 (App. 2010) (temporary abstinence does not outweigh a significant history of substance abuse when assessing likelihood of relapse)