Luis S. v. Dcs, 1 CA-JV 21-0066

M.S., born 2006, is an enrolled member of the Navajo Nation; Father was deported to Mexico when M.S. was about two and thereafter had minimal contact.
Mother died in 2014; M.S. lived with her maternal grandmother and then an adult half-sister (also Navajo) who sought guardianship; M.S. wanted to remain with the sister and opposed living with Father.
A guardian ad litem filed a private dependency petition alleging Father neglected M.S. by failing to provide support or meaningful parenting and by verbally abusing her; DCS investigated.
Father told DCS he did not seek reunification and wanted placement with his parents; DCS nonetheless offered a reunification case plan and supervised visitation, but contact was infrequent and M.S. resisted visits.
The superior court adjudicated M.S. dependent under Arizona law, finding Father failed to provide support over an extended period, that returning M.S. to Father would likely cause serious emotional or physical harm, and that active efforts under ICWA were made; domestic violence was not proven.
Father appealed, asserting insufficient evidence for dependency and that ICWA requirements/active efforts were not satisfied; the Court of Appeals affirmed.

Issue	Father’s Argument	DCS/Nation’s Argument	Held
Sufficiency of evidence for dependency (neglect/failure to support; emotional danger)	No evidence Father was unfit, neglected, or abandoned M.S.; living with him in Mexico would not necessarily be contrary to welfare	Testimony and DCS findings show long-term lack of financial and emotional support, recent verbal abuse, lack of bond; return would risk emotional harm	Affirmed — reasonable evidence supports dependency based on extended failure to provide support and likely emotional harm
ICWA active-efforts requirement	DCS provided no active efforts or reunification services tailored to prevent breakup of Indian family	Nation’s ICWA expert testified DCS made active efforts given the case facts; Father declined reunification services	Affirmed — active-efforts finding supported by expert testimony; alternative waiver reasoning available
Waiver of claim that DCS failed to provide reunification services	Argues DCS failed to provide services to prevent breakup of Indian family	Father did not timely raise the issue below and had told DCS he did not seek reunification	Held waived for failure to raise in superior court; even if considered, evidence supports active efforts

Pima Cnty. Dependency Action No. 93511, 154 Ariz. 543 (App. 1987) (dependency adjudication reviewed for abuse of discretion)
Willie G. v. Ariz. Dep’t of Econ. Sec., 211 Ariz. 231 (App. 2005) (appellate review looks for reasonable evidentiary support for dependency findings)
Shella H. v. Dep’t of Child Safety, 239 Ariz. 47 (App. 2016) (court must assess dependency based on circumstances at time of adjudication)
Shawanee S. v. Ariz. Dep’t of Econ. Sec., 234 Ariz. 174 (App. 2014) (claims that DCS failed to provide appropriate reunification services are waived if not timely raised)