Michael Y. v. Dcs, C.Y., 1 CA-JV 16-0153

Child C.Y., born March 2014, has severe medical needs (cerebral palsy, aspiration, paralyzed vocal cords, feeding tube, near-constant oxygen) and tested positive for methamphetamine at birth.
Father (Michael Y.) was incarcerated shortly before C.Y. was born and has never met him; serving a 4.5-year sentence with earliest release in Oct 2017 and possible later release dates up to 2018.
Father has attempted some contact from prison (gifts, inquiries) but cannot have meaningful contact because C.Y. is nonverbal, medically fragile, and cannot visit the prison.
DCS placed C.Y. with a caregiver who meets his medical needs, with whom C.Y. is attached and who is willing to adopt; DCS sought termination of Father’s rights under A.R.S. § 8-533(B)(4).
Juvenile court found (1) Father had no parental relationship when incarceration began, (2) regular contact during incarceration was virtually impossible, (3) reunification would likely be years away given Father’s sentence and C.Y.’s needs, and (4) termination was in C.Y.’s best interests.
Father appealed; the Court of Appeals affirmed the termination.

Issue	Plaintiff's Argument (Father)	Defendant's Argument (DCS)	Held
Whether Father’s incarceration length deprived C.Y. of a normal home under A.R.S. § 8-533(B)(4)	Sentence not long enough to show deprivation; Father could be released earlier	Incarceration began before birth, no parental bond, minimal contact possible, reunification unlikely for years given medical training needed	Court affirmed: clear and convincing evidence supports § 8-533(B)(4) termination
Whether termination is in child’s best interests	Father can parent upon release; termination unnecessary	Current placement meets severe medical needs, provides stability, and is willing to adopt; severance benefits child	Court affirmed: severance is in C.Y.’s best interests (preponderance standard met)

Michael J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246 (discusses factors for incarceration-based severance)
Kent K. v. Bobby M., 210 Ariz. 279 (best-interests preponderance standard)
Denise R. v. Ariz. Dep’t of Econ. Sec., 221 Ariz. 92 (standard of review in termination appeals)
E.R. v. Dep’t of Child Safety, 237 Ariz. 56 (appellate review—abuse of discretion/clear-error)
Christy C. v. Ariz. Dep’t of Econ. Sec., 214 Ariz. 445 (appellate affirmation based on record support)
Ariz. Dep’t of Econ. Sec. v. Rocky J., 234 Ariz. 437 (trial court deemed to have made necessary findings)
Jesus M. v. Ariz. Dep’t of Econ. Sec., 203 Ariz. 278 (consideration of entire incarceration period)
James S. v. Ariz. Dep’t of Econ. Sec., 193 Ariz. 351 (child benefits/harm framework for best interests)
Mary Lou C. v. Ariz. Dep’t of Econ. Sec., 207 Ariz. 43 (consideration of adoptability and placement when assessing best interests)