Term of Parental Rights as to G.A. and G.A.
1 CA-JV 23-0201
Ariz. Ct. App.May 20, 2025Background
- Mother’s parental rights to her two children were terminated after a long history of substance abuse, domestic violence, and recurrent dependencies.
- DCS provided multiple reunification services, including counseling, substance abuse treatment, and supervised visitation, across several years and dependencies.
- Mother made periods of progress (sobriety, housing, program participation) but repeatedly failed to address underlying mental health issues or sustain stability.
- Psychological evaluations diagnosed Mother with borderline personality disorder and substance abuse disorder, concluding her prognosis for safe parenting was poor due to lack of insight and impulse control.
- Foster parents’ improper conduct (interfering with visitation) was investigated but ultimately found not to be the primary obstacle to reunification; the children were found bonded to the foster home.
- The court found DCS made reasonable efforts at reunification and that termination was in the children’s best interests, given Mother’s pattern of relapse and lack of insight.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| DCS’s efforts at reunification | DCS failed to provide sufficient, diligent efforts | DCS provided appropriate services and made reasonable efforts | DCS's efforts were diligent and reasonable |
| Termination on statutory grounds | No sufficient basis under any ground | All statutory grounds met (substance abuse, mental illness, recurrent dependency, 15 months out-of-home) | All four grounds were proven by clear evidence |
| Substantial likelihood of future harm | Mother’s recent sobriety, housing, and employment show ability to parent | Past progress never sustained, relapses and lack of insight remain | Substantial likelihood Mother still can’t parent safely |
| Best interests of the children | Court didn’t properly weigh foster parents’ misconduct; children’s wishes tainted | Termination prevents more trauma, foster parents are bonded and meeting needs | Termination serves best interests, risk of further trauma if denied |
Key Cases Cited
- Brionna J. v. Dep’t of Child Safety, 255 Ariz. 471 (review of factual findings in parental termination requires support by reasonable evidence)
- Demetrius L. v. Joshlynn F., 239 Ariz. 1 (facts viewed in light most favorable to sustaining findings)
- Mary Ellen C. v. Ariz. Dep’t of Econ. Sec., 193 Ariz. 185 (DCS must provide reunification services but need not wait indefinitely)
- Alma S. v. Dep’t of Child Safety, 245 Ariz. 146 (termination in child’s best interests if benefit or avoidance of harm found)
- Donald W. v. Dep’t of Child Safety, 247 Ariz. 9 (diligent effort requires reasonable attempts at parental assistance)