Tina T. v. Department of Child Safety
236 Ariz. 295
| Ariz. Ct. App. | 2014Background
- B.H. (born 2012) is the child of Tina T. and Nicholas H.; B.H. was placed with paternal relatives after removal.
- Mother has a history of prior child abuse including A.N.’s death in 2003 from injuries consistent with shaken baby syndrome.
- Mother pled guilty to attempted child abuse in 2005 and received prison time plus lifetime probation with no contact with minors.
- Mother’s 2007 conviction for child abuse and probation terms further restricted her contact with children.
- DCS petitioned to terminate Mother’s parental rights under A.R.S. § 8-533(B)(2) for neglect/willful abuse; initial hearing showed no contest after waiver.
- The juvenile court found a nexus between prior abuse and risk to B.H and concluded termination was in B.H.’s best interests; order affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a factual basis supports termination after waiver | Mother: N/A; focus on factual basis | DCS: there is a factual basis supporting termination | Yes, there was a factual basis under Rule 66(D) |
| Nexus between prior abuse and risk to B.H. | Mother argues insufficient connection | DCS: prior abuse shows risk to any child in her care | Yes, nexus established by prior abuse and probation context |
| Best interests support for termination | Mother contends best interests not proven | DCS: record shows B.H. thriving and termination protective | Yes, termination in B.H.’s best interests |
Key Cases Cited
- Linda V. v. Ariz. Dep’t of Econ. Sec., 211 Ariz. 76 (App. 2005) (nexus between initial abuse and risk to other children allowed termination)
- Mario G. v. Ariz. Dep’t of Econ. Sec., 227 Ariz. 282 (App. 2011) (sufficient nexus between prior abuse and risk to child in question)
- State v. Salinas, 181 Ariz. 104 (1994) (establishes factual basis requirement in waiver context)
- Audra T. v. Ariz. Dep’t of Econ. Sec., 194 Ariz. 376 (App. 1998) (best interests may consider existing placement and welfare of child)
- James S. v. Ariz. Dep’t of Econ. Sec., 193 Ariz. 351 (App. 1998) (child’s best interests may support termination)