Shella H. v. Department of Child Safety, 239 Ariz. 47

In Jan 2015 Mother was found unconscious in a hotel after vomiting blood; children (ages 11, 10, 7, 2, 6 months) were left unattended and DCS removed them; Father was incarcerated at that time.
Investigation disclosed a long history (about 15 years) of domestic violence between Mother and Father, including incidents the children witnessed and at least one child sustaining a broken wrist while intervening.
Father had recently pled guilty to child endangerment from a December 2014 incident; after release he attempted to reestablish contact with the family.
DCS petitioned to adjudicate the children dependent as to Mother on grounds of domestic violence, substance abuse, and neglect; at adjudication Mother denied much of the prior violence and emphasized her compliance with services.
The juvenile court found dependency as to Mother on all three grounds; Mother appealed, arguing the court evaluated conditions at removal rather than conditions at the time of adjudication.

Issue	Mother’s Argument	DCS’s Argument	Held
Whether the court must assess dependency based on circumstances at the time of the adjudication hearing	The court focused on conditions at removal; Mother contends it should assess whether dependency still existed at adjudication	DCS concedes the court must assess present circumstances but argues evidence showed dependency persisted at adjudication	Court agreed the statutory standard is the present time but affirmed because reasonable evidence showed dependency existed at the adjudication hearing
Whether evidence supported adjudication for domestic violence despite some remedial steps by Mother	Mother claimed she was addressing problems (sobriety, services, counseling) and disputed domestic violence scope	DCS argued the domestic-violence threat remained, Mother minimized/denied the history, and Father remained a present threat	Court found substantial evidence (history of violence, children witnessed abuse, child injury, Mother’s minimization/denial) supporting dependency on domestic-violence grounds at adjudication

Willie G. v. Ariz. Dep’t of Econ. Sec., 211 Ariz. 231 (App. 2005) (standard for reviewing dependency findings; view evidence in light most favorable to sustaining).
Louis C. v. Dep’t of Child Safety, 237 Ariz. 484 (App. 2015) (abuse-of-discretion review and deference to juvenile court’s factual findings).
Christina G. v. Ariz. Dep’t of Econ. Sec., 227 Ariz. 231 (App. 2011) (juvenile court best positioned to judge witness credibility).
Jesus M. v. Ariz. Dep’t of Econ. Sec., 203 Ariz. 278 (App. 2002) (same—credibility and fact-finding deference).
Pima Cnty. Juv. Action No. J-77188, 139 Ariz. 389 (App. 1983) (parental duty includes prevention of physical/sexual abuse).
Pima Cnty. Juv. Dependency Action No. 96290, 162 Ariz. 601 (App. 1990) (dependency may be based on unresolved threats that create imminent risk).
Pima Cnty. Juv. Dependency Action No. 97247, 158 Ariz. 55 (App. 1988) (one parent’s failure to prevent abuse by the other supports dependency).