Tony J. v. Dcs, A.J.
1 CA-JV 16-0531
| Ariz. Ct. App. | Apr 27, 2017Background
- Child born Jan 2014; removed from mother in Dec 2015 after drug-related arrest and evidence of neglect (rotting teeth, expired bottle, soaked diaper).
- Father (Tony J.) was incarcerated for armed robbery/theft in June 2015; convicted and serving multi-year ADOC sentence with release projected in 2018–2019.
- DCS located Father in Jan 2016, served him with dependency petition, obtained DNA testing confirming paternity, and encouraged participation in services; Father attended some hearings telephonically but did not otherwise engage.
- Over roughly one year while child was in foster care, Father did not seek visitation, send gifts/correspondence/support, or otherwise maintain contact; he later claimed lack of information and prison restrictions.
- DCS moved to terminate parental rights on abandonment and length-of-sentence grounds; juvenile court terminated on abandonment and length-of-sentence and found severance was in the child’s best interest; Father appealed challenging abandonment basis.
Issues
| Issue | Plaintiff's Argument (Father) | Defendant's Argument (DCS) | Held |
|---|---|---|---|
| Whether Father abandoned the child under A.R.S. § 8-533(B)(1) | Father claimed DCS/court interfered with his ability to maintain contact and he was uninformed about visitation/communication options while incarcerated | Father made no sustained efforts to contact, support, or legally assert parental rights for over six months despite being located, served, and given caseworker and counsel contact information | Court affirmed termination for abandonment: clear-and-convincing evidence Father failed to provide support or maintain contact without just cause |
| Whether severance was in the child’s best interest | Father did not challenge best-interest finding on appeal | DCS: child bonded with prospective adoptive/foster parents; placement met the child’s needs and offered permanence/stability | Court found by preponderance that severance served child’s best interest and affirmed |
| Whether length-of-sentence ground required separate review | Father challenged statutory applicability given incarceration issues | DCS pleaded length-of-sentence but the court relied on abandonment; DCS later withdrew nature-of-felony ground | Court declined to reach length-of-sentence claim because abandonment independently justified severance |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (due process requires clear-and-convincing proof to terminate parental rights)
- Kent K. v. Bobby M., 210 Ariz. 279 (parental liberty interest and standards for termination)
- Michael J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246 (incarceration does not automatically defeat abandonment finding; parent must act to preserve bond)
- Pima Cty. Juv. Severance Action No. S-114487, 179 Ariz. 86 (incarcerated parent must take affirmative steps to establish relationship)
- Jesus M. v. Ariz. Dep’t of Econ. Sec., 203 Ariz. 278 (appellate review deferential to juvenile court’s credibility and fact findings)
- Jordan C. v. Ariz. Dep’t of Econ. Sec., 223 Ariz. 86 (juvenile court best positioned to weigh evidence in termination proceedings)
- Oscar O. v. Ariz. Dep’t of Econ. Sec., 209 Ariz. 332 (trial court’s factfinding role in dependency/termination matters)
- Matthew L. v. Ariz. Dep’t of Econ. Sec., 223 Ariz. 547 (standard for overturning juvenile court on appeal)
- Audra T. v. Ariz. Dep’t of Econ. Sec., 194 Ariz. 376 (weight given to child’s placement stability and bonding with caretakers)
- Maricopa Cty. Juv. Action No. JS-500274, 167 Ariz. 1 (permanency and stability as factors favoring severance)