Leah R. v. Dcs
1 CA-JV 16-0040
| Ariz. Ct. App. | Aug 4, 2016Background
- In July 2014 the Arizona Department of Child Safety (DCS) opened dependency proceedings for four children based on allegations of abuse and neglect related to Mother’s substance use.
- In 2015 DCS moved to terminate (sever) Mother’s parental rights alleging abandonment, inability to discharge parental duties due to substance abuse, and the children’s length of time in care.
- At a contested severance hearing the court found Mother had a long history of alcohol and drug abuse, prior DCS referrals (including a 2008 substance-exposed birth and 2013 neglect allegations), and recent positive drug/alcohol tests despite service offers.
- Mother failed to consistently engage in required drug testing, failed to complete or promptly reinitiate treatment, missed parenting services, and did not bring appropriate supplies during visits; visits were ultimately terminated.
- The superior court concluded Mother was unable to discharge parental responsibilities due to substance abuse and that the chronic substance abuse was likely to continue for a prolonged indeterminate period; it also found severance was in the children’s best interests.
- Mother appealed only the sufficiency of the evidence for severance; the Court of Appeals affirmed.
Issues
| Issue | Mother’s Argument | DCS’s Argument | Held |
|---|---|---|---|
| Whether evidence supported severance under A.R.S. § 8-533(B)(3) (inability to discharge parental duties due to substance abuse continuing for a prolonged indeterminate period) | Mother: Insufficient evidence; she is amenable to services and can rehabilitate | DCS: Mother has a long history of substance abuse, failed to comply with testing/treatment, continued positive tests, and impaired parenting | Court: Affirmed — evidence supports inability to discharge duties and reasonable belief abuse will continue |
Key Cases Cited
- Mary Lou C. v. Ariz. Dep’t of Econ. Sec., 207 Ariz. 43 (App. 2004) (standard for severance review and requirement of at least one statutory ground plus best interests)
- Raymond F. v. Ariz. Dep’t of Econ. Sec., 224 Ariz. 373 (App. 2010) (consideration of how substance abuse affects parenting and evidence supporting likelihood of continued substance abuse)
- Jesus M. v. Ariz. Dep’t of Econ. Sec., 203 Ariz. 278 (App. 2002) (when one ground for severance is supported, the court need not address other grounds)