Thomas M. v. Dcs, E.M., 1 CA-JV 16-0310

E.M. was born October 2014 to a mother who tested positive for drugs; the SENSE program was initiated and both parents underwent drug screening.
Father tested positive for methamphetamine (Nov. 2014 and July 2015), had many missed drug tests, and denied methamphetamine use despite positives.
Family incidents included barricading with the child requiring police intervention (Nov. 2014), breaches of a safety plan, and Father's March 2016 alleged choking of Mother, leading to a one-year protective order.
DCS provided substance-abuse services, random urinalysis, psychological evaluation, parenting classes, supervised visitation, and other services; Father still showed unstable housing/employment evidence and left a threatening voicemail in May 2016.
After 15+ months in out-of-home placement, DCS moved to sever parental rights; Mother's rights were waived; the superior court terminated Father's rights under A.R.S. § 8-533(B)(3) (prolonged substance abuse) and § 8-533(B)(8)(c) (15 months in care). Father timely appealed.

Issue	Father's Argument	DCS's Argument	Held
Whether Father remedied circumstances causing out-of-home placement under A.R.S. § 8-533(B)(8)(c)	Father claimed he had remedied problems and could safely parent E.M. soon	Father remained inconsistent in testing, had positive tests, denied use, had domestic-violence incidents, threats, and lacked stable housing/employment	Court held Father failed to remedy circumstances and is unlikely to parent effectively in the near future; termination permitted
Whether termination is in child's best interests	Father argued relationship should be preserved; severance not in E.M.'s best interests	DCS and GAL testified severance/adoption would provide permanency and stability; an adoptive home was identified	Court found sufficient evidence that severance benefits E.M. (permanency/stability) and affirmed termination

Michael J. v. Ariz. Dep't of Econ. Sec., 196 Ariz. 246 (discusses parental custody as a fundamental but not absolute right)
Mary Lou C. v. Ariz. Dep't of Econ. Sec., 207 Ariz. 43 (standard of review for termination orders)
Jesus M. v. Ariz. Dep't of Econ. Sec., 203 Ariz. 278 (deference to trial court credibility findings; affirming on any proper statutory ground)
Kent K. v. Bobby M., 210 Ariz. 279 (preponderance standard for best-interests finding)
Jennifer B. v. Ariz. Dep't of Econ. Sec., 189 Ariz. 553 (best-interests may be shown by benefit from severance or detriment from continuing relationship)
Maricopa County Juv. Action No. JS-501904, 180 Ariz. 348 (availability for adoption as an affirmative benefit supporting severance)
Maricopa County Juv. Action No. JS-8441, 175 Ariz. 463 (circumstances causing out-of-home placement are those existing at time of severance)