Miguel D. v. Dcs, M.D.
1 CA-JV 17-0055
| Ariz. Ct. App. | Aug 8, 2017Background
- In June 2015 DCS took temporary custody of M.D. (age 4) after a domestic-violence incident involving Father and Mother; police observed drug paraphernalia and alcohol in the child’s room.
- DCS filed a dependency petition; Child was placed with relatives and Father was granted supervised visitation and a reunification case plan (parenting, DV counseling, substance-abuse assessment/treatment, UAs, parent aide).
- Father has a long history of substance abuse, a prior termination of parental rights to an older child for substance abuse, and a pending DUI from treatment intake.
- During the 18-month dependency Father frequently missed UA tests and had multiple positive tests for alcohol and cocaine, attended but later stopped some treatment, and completed a 21-week IOP only shortly before the severance hearing.
- DCS moved to terminate Father’s rights under A.R.S. § 8-533(B)(3) (chronic substance abuse) and (8) (unable/unwilling to remedy circumstances); the juvenile court found clear and convincing evidence for severance based on prolonged drug abuse and that termination was in the child’s best interests.
Issues
| Issue | Father's Argument | DCS's Argument | Held |
|---|---|---|---|
| Whether clear and convincing evidence supported severance under A.R.S. § 8-533(B)(3) for chronic substance abuse | Father: recent sobriety, no positive screens in six months, and recent IOP completion show substance abuse will not continue | DCS: extensive historical and recent substance abuse, missed tests, positive screens, inconsistent treatment compliance, and ongoing associations with substance users show chronic abuse likely to continue | Court: Affirmed — evidence supports finding chronic substance abuse likely to continue for a prolonged, indeterminate period |
Key Cases Cited
- Michael J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246 (recognizing burden and standards for termination)
- Raymond F. v. Ariz. Dep’t of Econ. Sec., 224 Ariz. 373 (drug abuse need not be constant to be chronic; treatment history important)
- Jennifer S. v. DCS, 240 Ariz. 282 (child’s interest in permanency outweighs parent’s uncertain recovery)
- Mary Lou C. v. Ariz. Dep’t of Econ. Sec., 207 Ariz. 43 (appellate standard of review for juvenile termination findings)
- Maricopa Cty. Juv. Action No. JS-501568, 177 Ariz. 571 (recovery efforts too little, too late)
- In re N.F., 579 N.W.2d 338 (Iowa Ct. App.) (treatment history and sustained sobriety weigh on reunification prospects)