Rebekah G. v. Katy C.
1 CA-JV 16-0406
| Ariz. Ct. App. | Jul 20, 2017Background
- Two children (born 2000, 2002) lived primarily with maternal aunt and uncle for years while mother moved among several states and had intermittent, minimal contact. Aunt and uncle provided day-to-day parenting, financial support, medical/dental care, counseling, schooling, and extracurricular support.
- Mother visited rarely (weeks at a time some years), sent occasional gifts, and gradually reduced phone contact; she did not consistently participate in medical or school matters and sometimes spoke abusively to the children.
- Children developed trauma-related symptoms (PTSD, severe anxiety) tied in part to mother’s past conduct (including an incident of leaving a child at an airport) and feared placement with mother; they considered aunt and uncle their parents and wanted adoption by them.
- Aunt and uncle filed to terminate parental rights; GAL and DCS joined. Juvenile court found the children dependent, concluded mother had abandoned the children under A.R.S. § 8-533(B)(1), and found severance was in the children’s best interests; it denied permanent guardianship and ordered termination.
- Mother appealed, arguing (1) abandonment was not proved and (2) severance was not in the children’s best interests and guardianship would be preferable.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Petitioners: Aunt/Uncle/DCS) | Held |
|---|---|---|---|
| Whether abandonment proven under A.R.S. § 8-533(B)(1) | Mother intended only to place kids with aunt/uncle, not to abandon them | Mother failed to maintain normal parental relationship, provided minimal support/contact for years, took no legal steps to regain custody | Court: Abandonment proven by clear and convincing evidence |
| Whether severance is in children’s best interests | Mother contends she loves children and wants them in her life; termination not warranted | Continued relationship with mother would harm children; aunt/uncle can adopt and provide permanency and stability | Court: Severance in children’s best interests by preponderance of evidence |
| Whether permanent guardianship was a statutory alternative | Mother urged guardianship to preserve relationship | Guardianship would be revocable and would not provide permanency; adoption likely and in children’s interests | Court: Guardianship inappropriate; termination preferred to secure permanency |
| Whether trial court erred procedurally in denying guardianship motion | Mother asserted procedural defect (verification) in denial | Court denied on merits as well; record supports substantive denial | Court: No reversible error; denial proper on merits |
Key Cases Cited
- Michael J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246 (parental intent irrelevant where conduct shows abandonment)
- Michael M. v. Ariz. Dep’t of Econ. Sec., 217 Ariz. 230 (standard of review for juvenile court findings)
- Ariz. Dep’t of Econ. Sec. v. Superior Court (P.S. & J.S.), 186 Ariz. 405 (review principles for dependency/severance)
- Kent K. v. Bobby M., 210 Ariz. 279 (best-interests standard for severance)
- Oscar O. v. Ariz. Dep’t of Econ. Sec., 209 Ariz. 332 (affirmative benefit/detriment framework for best interests)
- Dominique M. v. DCS, 240 Ariz. 96 (bond with biological parent is a factor but not dispositive)