Taborsha W. v. Dcs, N.W., 1 CA-JV 16-0514

Mother (Taborsha W.) is the biological parent of N.W.; dependency began in April 2014 when Mother was 16 and a ward of the state after violent incidents and alleged neglect.
N.W. was found dependent and placed out of the home; DCS developed a reunification plan and provided services over ~2.5 years (case management, therapy, psychological evaluation, medication, parent aide, supervised visitation, parenting classes, transportation).
Mother repeatedly engaged in violent and threatening conduct (assaults on group-home staff, residents, and a cab driver) and resisted and failed to complete key services (parent-aide twice, missed parenting sessions and visits, inconsistent counseling attendance, refused medication).
DCS moved to terminate parental rights in January 2016 under A.R.S. § 8-533(B)(8)(c) (15+ months out-of-home, inability to remedy, substantial likelihood of inability to parent in near future); trial held November 2016.
Mother showed some recent progress (online schooling, employment, housing, obtaining counseling in mid-2016) but the case manager and counselor testified Mother needed ongoing, indeterminate counseling and had not made sufficient behavioral changes.
The juvenile court terminated Mother's parental rights; on appeal, Mother challenged only the sufficiency of DCS’s diligent efforts and the finding she could not reunify in the near future.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether DCS made diligent efforts to provide appropriate, timely reunification services	Mother: DCS delayed counseling for ~9 critical months and was not sufficiently diligent	DCS: Continuous provision of multiple services; when counseling stalled, DCS provided alternatives and referrals; Mother conceded DCS provided requested counseling when asked	Court: Reasonable evidence supports finding DCS made diligent efforts; affirmed
Whether Mother was unlikely to be able to safely reunify in the near future	Mother: She has overcome barriers, improved behavior, and can manage emotions	DCS: Mother’s violent history, resistance to services, and need for indeterminate counseling show she is not ready	Court: Reasonable evidence supports finding Mother could not exercise proper and effective parental control in the near future; affirmed

Ariz. Dep’t of Econ. Sec. v. Matthew L., 223 Ariz. 547 (App. 2010) (standard of appellate review and termination principles)
Jordan C. v. Ariz. Dep’t of Econ. Sec., 223 Ariz. 86 (App. 2009) (DCS must undertake measures with a reasonable prospect of success)
Christina G. v. Ariz. Dep’t of Econ. Sec., 227 Ariz. 231 (App. 2011) (elements for termination under § 8-533(B)(8)(c) and obligation to provide services)
Jennifer S. v. Dep’t of Child Safety, 240 Ariz. 282 (App. 2016) (children should not wait for a parent to grow up; supports termination where parent remains unable to parent)
Bennigno R. v. Ariz. Dep’t of Econ. Sec., 233 Ariz. 345 (App. 2013) (arguments unsupported by authority may be rejected)
State v. Carver, 160 Ariz. 167 (1989) (issues not raised in an opening brief are usually waived)