In Re Term of Parental Rights as to H.H. and R.H.

NOTICE: NOT FOR OFFICIAL PUBLICATION.
UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL
AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

IN THE
ARIZONA COURT OF APPEALS
DIVISION ONE

IN RE TERMINATION OF PARENTAL RIGHTS AS TO H.H. and R.H.

No. 1 CA-JV 25-0118
FILED 01-26-2026

Appeal from the Superior Court in Maricopa County
No. JD42811
The Honorable Peter A. Thompson, Judge

AFFIRMED

COUNSEL

Maricopa County Office of the Public Advocate, Mesa
By Seth Draper
Counsel for Appellant

Arizona Attorney General’s Office, Phoenix
By Amber E. Pershon, Rachael Andrews
Counsel for Appellee DCS

Maricopa County Office of the Legal Advocate, Phoenix
By Amanda Adams
Counsel for Appellee Children
 IN RE TERM OF PARENTAL RIGHTS AS TO H.H. and R.H.
Decision of the Court

MEMORANDUM DECISION

Chief Judge Randall M. Howe delivered the decision of the Court, in which
Presiding Judge David B. Gass and Judge Anni Hill Foster joined.

H O W E, Judge:

¶1 Johnathon W. (“Father”) appeals the termination of his
parental rights as to H.H. and R.H. For the following reasons, we affirm.

FACTS AND PROCEDURAL BACKGROUND

¶2 Father and Cheyenne H. (“Mother”) share several children,
two of them are relevant to this appeal: H.H. born in May 2022, and R.H.,
born in December 2022.1 Both H.H. and R.H. tested positive for substances
shortly after their births. R.H. was born prematurely with special needs
requiring several months of hospitalization. Following R.H.’s birth, DCS
took custody of the two children and soon petitioned for dependency,
alleging neglect. The superior court found both children dependent.

¶3 During the dependency, DCS provided Father with various
services. He engaged in counseling, and completed some drug testing, but
missed other tests and consistently tested positive for marijuana despite
knowing that his marijuana use concerned DCS. He also tested positive for
methamphetamines and failed to complete substance use treatment. Father
did attend some visits with the children, although he missed some and
others were cut short. R.H. has cerebral palsy, which requires many medical
appointments. Father was repeatedly asked to attend these appointments
but only attended one throughout the dependency.

¶4 Over a year-and-a-half after petitioning for dependency, DCS
sought termination of Mother’s and Father’s parental rights. At the
termination hearing, Father conceded that he had pled guilty for abusing
one of his older children. He also testified that he had been in 176 car
accidents since 2015. Father further testified that he smoked marijuana with
Mother during her pregnancy. He acknowledged his substance use and
missed drug tests during the dependency. He conceded that DCS provided

1 Father has numerous other children, including one more with Mother. His

parental rights of those children are not part of this appeal.

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him referrals to substance abuse treatment and that he did intake
appointments but did not engage further in services.

¶5 A psychologist who evaluated Father testified that he boasted
about his past violent actions and made “several explicit statements” that
raised serious concerns “about what appeared to be almost an infatuation
with violence.” He found Father’s “inability to be remorseful” “particularly
noteworthy” and explained that “[h]e expressed no remorse or regrets
about his actions [] or about the serious injuries that he inflicted [] on people
he attacked.” The psychologist ultimately diagnosed Father with an
“unspecified personality disorder with antisocial traits,” stimulant use
disorder, and cannabis use disorder, concluding that he “does not have the
ability to parent his children.” In his testimony, Father acknowledged that
he had PTSD, bipolar disorder, and a diagnosis of an “unknown”
personality disorder, but that he was not taking any medications for those
conditions.

¶6 A DCS case manager testified that Father and Mother were
not adequately prepared to handle R.H.’s special medical needs. She
explained that DCS had provided Father services, including a psychological
evaluation, substance use treatment, counseling, drug testing, parenting
courses, visitation opportunities, financial support, and transportation to
those services when necessary. She elaborated that Father either did not
participate in these services at all or participated only sporadically. The case
manager also testified that Father had been “erratic,” “bizarre” and
“vaguely threatening” toward her. She concluded that she “continue[d] to
have concerns with Father’s ability to parent” and believed that severance
and adoption was in the children’s best interests.

¶7 At the time of the termination hearing, H.H. and R.H. had
been with their foster placement for over two years. The case manager
highlighted that permanency is important for young children and
explained that the foster placement was open to adoption, exceeded the
children’s needs, and had bonded with them. Finally, she testified that if
the children “were returned to their—either parent’s care, they would
absolutely be at risk for physical harm, medical neglect, and exposure to
violence and unstable living conditions.”

¶8 Following the hearing, the court found that “Father’s
testimony was not credible, conflicted with established facts, and generally
reflected Father’s inability to appreciate the physical, emotional, medical
and financial needs of his children.” The court also noted Father’s failure to
consistently participate in services, his continued drug use, his failure to

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Decision of the Court

“remedy the substance abuse issues that existed at the finding of
dependency,” and his mental health struggles. The court highlighted that
the children had bonded to their foster family and that termination would
allow them to be adopted into a supportive and stable environment with
each other. The superior court terminated Father’s parental rights to both
H.H. and R.H. finding that (1) the children had been in an out-of-home
placement for over 15 months, (2) DCS had provided sufficient services, (3)
Father had failed to remedy the circumstances that led to the out-of-home
placement, (4) he was unlikely to be capable of exercising proper and
effective parental care and control in the near future, and (5) termination
was in the children’s best interests. See A.R.S. § 8-533(B)(8)(c).

¶9 Father appealed and we have jurisdiction. A.R.S. §§ 8-235(A),
12-120.21(A)(1).

DISCUSSION

¶10 As a preliminary matter, we note that Father’s brief fails to
comply with Arizona Rule of Civil Appellate Procedure (“Rule”) 13. See
Ariz. R. Civ. App. P. 13. Father fails to provide adequate headings, lacks
any “statement of the case,” “statement of facts,” “statement of issues” or
similar structure, and generally fails to cite to the record throughout his
argument. See Ariz. R. Civ. App. P. 13(a)(4)–(7). This Court may dismiss an
appeal when the appellant fails to meet the requirements of the Rules.
Adams v. Valley Nat’l Bank of Ariz., 139 Ariz. 340, 342–43 (App. 1984).
However, in our discretion, and because the best interests of children are at
issue, we consider Father’s appeal. See Nold v. Nold, 232 Ariz. 270, 273 ¶ 10
(App. 2013) (“[I]f the best interests of the child trump the consequences
ordinarily imposed for violations of the rules, then they should not be
ignored under the discretionary doctrine of waiver.”).

¶11 We will “affirm a termination order unless the [] court abuses
its discretion or the court’s findings are not supported by reasonable
evidence.” Brionna J. v. Dep’t of Child Safety, 255 Ariz. 471, 478 ¶ 29 (2023)
(cleaned up). To terminate parental rights, the juvenile court must find by
clear and convincing evidence the existence of at least one statutory ground
under A.R.S. § 8-533 and by a preponderance of the evidence that
termination would be in the child’s best interests. Alma S. v. Dep’t of Child
Safety, 245 Ariz. 146, 149–50 ¶ 8 (2018). We accept the court’s factual
findings so long as reasonable evidence and inferences support them, and
we affirm the court’s legal conclusions about the statutory grounds for the
termination unless they are clearly erroneous. Brionna J., 255 Ariz. at
478–79 ¶¶ 30–31. The superior court is in the best position to weigh the

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evidence, observe the parties, judge the credibility of witnesses, and resolve
disputed facts. Ariz. Dep’t of Econ. Sec. v. Oscar O., 209 Ariz. 332, 334 ¶ 4
(App. 2004).

¶12 Father argues that (1) the superior court improperly relied on
an unproven criminal charge in severing his parental rights, (2) DCS “failed
to offer or implement any meaningful services aimed at reunification,” (3)
the court should have considered less restrictive alternatives to termination
such as guardianship, and (4) severing his relationship with H.H. and R.H.
is not in the children’s best interests.

¶13 First, although Father claims that the “decision to sever [his]
parental rights was based in part on a criminal charge that did not result in
a conviction or sentencing,” he does not clarify which specific criminal
charge he is alluding to. Crucially, the court’s termination order does not
rely on the evidence related to Father’s criminal history. Regardless, the
court heard evidence, including Father’s own testimony, that he was
convicted of abusing one of his children. And a psychologist testified to
Father’s general violent propensities relevant to his diagnoses. Although
Father did not object to the psychologist’s testimony, during his own
testimony, he explained that he disagreed with the psychologist’s
conclusions. See Volk v. Brame, 235 Ariz. 462, 466 ¶ 14 (App. 2014) (“[D]ue
process requires the court to allow parties a reasonable opportunity to
present testimony whenever resolution of a material contested issue hinges
on credibility.”). The superior court is in the best position to weigh the
evidence and the credibility of witnesses. Oscar O., 209 Ariz. at 334 ¶ 4.
Here, it did not err in considering all the evidence presented, and in
drawing reasonable inferences to support its factual conclusions. See
Brionna J., 255 Ariz. at 478–79 ¶¶ 30–31.

¶14 Father also claims that DCS “failed to offer or implement any
meaningful services aimed at reunification.” But the evidence supports the
court’s conclusion that DCS made sufficient efforts to provide Father
services. DCS offered psychological support, substance use treatment,
counseling, drug testing, parenting courses, visitation opportunities,
financial support, and transportation to services when necessary. The court
did not err in finding that DCS “made diligent efforts by providing an array
of reunification services.” See A.R.S. § 8-533(B)(8).

¶15 Father further argues that the court should have sought a less
restrictive alternative to termination, such as guardianship. However,
Father did not request a guardianship from the superior court, and nothing
requires the court to sua sponte establish a guardianship before or instead

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Decision of the Court

of termination. True, the state shall not limit a parent’s fundamental rights
unless a compelling governmental interest as applied is “narrowly tailored
and is not otherwise served by a less restrictive means.” A.R.S. § 1-601(B).
But the court lacks authority to initiate a guardianship “in the absence of a
statutorily compliant motion by a party.” Ariz. Dep’t of Econ. Sec. v. Stanford, 234 Ariz. 477, 480 ¶ 14 (App. 2014). No such motion appears in the record.
Thus, not sua sponte ordering a guardianship was proper.

¶16 Finally, Father claims that termination is not in H.H. and
R.H.’s best interests. “[T]ermination is in the child[ren]’s best interests if
either: (1) the child[ren] will benefit from severance; or (2) the child[ren]
will be harmed if severance is denied.” Alma S., 245 Ariz. at 150 ¶ 13. Unless
the evidence is insufficient to support the juvenile court’s finding, we will
affirm its best interests ruling. Id. at 151 ¶ 17.

¶17 The psychologist and case manager testified that Father was
violent and aggressive and could not meet his children’s needs in ways that
could harm them. Father’s own testimony revealed an unwillingness to
remedy his substance use and mental health struggles, and a failure to
support R.H.’s medical difficulties. And the court heard testimony that the
children were in an adoptive, supportive placement where they had
bonded with their foster family and could remain together as siblings. Thus,
sufficient evidence supports both that the children would be harmed by a
continuing relationship with Father and that the children would benefit
from severance. The court did not err in finding termination was in the
children’s best interests. See id. at 150 ¶ 13.

CONCLUSION

¶18 For the reasons stated, we affirm.

MATTHEW J. MARTIN • Clerk of the Court
FILED: JT

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