Arizona Appellate Opinions

Published opinions of the Arizona Supreme Court and Court of Appeals, collated from public records. 495 opinions matched; showing 451–495.

Filtering by: “termination of parental rights” Last 10 yrs · since 2016 Expand to full archive (1930–) Clear ×
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1 CA-JV 16-0467 Ariz. Ct. App. 2017-06-06 Paul v. Dana B. v. Dcs
… 161 Ariz. 574, 578, 780 P.2d 407, 411 (App. 1989) (affirming a juvenile court’s termination of parental rights where a parent failed to establish that her counsel’s performance was both incompetent and prejudicial). …
1 CA-JV 16-0492 Ariz. Ct. App. 2017-06-01 Keosha C. v. Dcs
… er Arizona Revised Statutes ("A.R.S.") section 8- 533(B)(8)(b) (2017) and prior termination of parental rights under A.R.S. § 1 The Honorable Maurice Portley, Retired Judge of the Court of Appeals, Division One, has been authorized …
1 CA-JV 16-0494 Ariz. Ct. App. 2017-06-01 Jimmie G., Sally G. v. Dcs
… phasis omitted). Factors that support a finding that a child would benefit from termination of parental rights include evidence of an adoption plan or that a child is adoptable, or that the existing placement is meeting the child's needs. J …
1 CA-JV 16-0300 Ariz. Ct. App. 2017-05-18 Tasha T. v. Dcs
… he juvenile court also found severance was in Children’s best interests because termination of parental rights would allow Children to be adopted, and because a continuation of the parent-child relationship would delay permanent adoption, l …
1 CA-JV 16-0461 Ariz. Ct. App. 2017-05-04 Amanda G. v. Dcs, A.O.
… CS, A.O. Decision of the Court 533(B)(3) and prior termination of parental rights pursuant to A.R.S. § 8- 533(B)(10). As for the best interest analysis, the court stated: Given the posture of this case, …
1 CA-JV 16-0271 Ariz. Ct. App. 2017-05-04 Jayna S. v. Dcs, X.R.
… abandonment, prolonged drug use, time in an out-of-home placement, and a prior termination of parental rights within two years. Mother timely appealed. We have jurisdiction under Arizona Revised Statutes (“A.R.S.”) sections 8-235(A) (2014) …
1 CA-JV 16-0426 Ariz. Ct. App. 2017-04-27 Martha C. v. Dcs
… C) (requiring the moving party to prove by a preponderance of the evidence that termination of parental rights is in the child’s best interests). Because the court is in the best position to weigh the evidence and credibility of the parties …
1 CA-JV 16-0380 Ariz. Ct. App. 2017-04-11 Mayra T. v. Dcs, C.L.
… t absolute. Michael J. v. ADES, 196 Ariz. 246, 248, ¶¶ 11–12 (2000). To support termination of parental rights, one or more of the statutory grounds for termination must be proven by clear and convincing evidence. A.R.S. § 8-537(B); Shawane …
1 CA-JV 16-0403 Ariz. Ct. App. 2017-03-30 Kandyse A. v. Dcs
… e unable to effectively parent in the near future. ¶20 When seeking termination of parental rights under the 15 months in an out-of-home placement ground, the Department has an obligation to make diligent efforts to provide reun …
1 CA-JV 16-0340 Ariz. Ct. App. 2017-03-14 Alexandra K. v. Dcs, I.G.
… ment preferences set forth in 25 U.S.C. § 1915(a) are no longer effective after termination of parental rights. Thus, even though the present case did not trigger ICWA compliance until after termination of the rights of I.G.’s parents, the …
1 CA-JV 16-0342 Ariz. Ct. App. 2017-03-14 Traci E. v. Dcs, A.W.
1 CA-JV 16-0350 Ariz. Ct. App. 2017-03-07 Philip P., Katherine J. v. Dcs, V.P.
1 CA-JV 16-0334 Ariz. Ct. App. 2017-02-16 Sampson K., Victoria Y. v. Dcs, F.K.
… eldest child, F.K. For the reasons that follow, we affirm the superior court’s termination of parental rights. FACTS ¶2 On April 23, 2014, F.K., and his three younger siblings came into State …
1 CA-JV 16-0227 Ariz. Ct. App. 2017-01-24 Heather R. v. Dcs
… z. 278, 280, ¶ 4 (App. 2002). ¶10 Section 8-533(B)(1) provides for termination of parental rights in the case of abandonment. “Abandonment” means “the failure of a parent to provide reasonable support and to maintain regular co …
1 CA-JV 16-0119 Ariz. Ct. App. 2017-01-17 Jhamika B. v. Dcs
… error, the orders are affirmed as modified to reflect that the sole ground for termination of parental rights to E.B. is 15-months time-in-care. FACTUAL AND PROCEDURAL HISTORY ¶2 E.B. was born in 2012; Ti.D. in …
1 CA-JV 16-0279 Ariz. Ct. App. 2017-01-12 Jessica C. v. Dcs
… Rule 64(C) provides that a notice of hearing accompanying a motion for the termination of parental rights “shall advise the parent . . . that failure to appear at the initial hearing, pretrial conference, status conference or terminati …
1 CA-JV 16-0163 Ariz. Ct. App. 2017-01-12 S.S., S.S. v. Stephanie H.
… The federal act applies to a "child custody proceeding," including a "termination of parental rights," involving an "Indian child." See 25 U.S.C. § 1903(1)(ii); Maricopa County Juv. Action No. A-25525, 136 Ariz. 528, 531 (App. 198 …
1 CA-JV 16-0078 Ariz. Ct. App. 2017-01-10 Darren G. v. Dcs
1 CA-JV 16-0115 Ariz. Ct. App. 2017-01-03 Kristi S. v. Dcs, A.T.
… severance petition and file its own. Mother contested DCS’s renewed motion for termination of parental rights. 5 Absent material revision after the relevant date, we cite a statute’s current version. …
1 CA-JV 16-0176 Ariz. Ct. App. 2016-12-27 Cassandra W., Michael S. v. Dcs
… ptable is sufficient to satisfy a finding that the child would benefit from the termination of parental rights. Maricopa Cty. Juv. Action No. JS–501904, 180 Ariz. 348, 352 (App. 1994). In addition, the juvenile court may also consider wheth …
1 CA-JV 16-0249 Ariz. Ct. App. 2016-12-22 Franswa C. v. Dcs, J.C.
1 CA-JV 16-0241 Ariz. Ct. App. 2016-12-20 Nicole R. v. Dean C.
… bserve the parties, and make appropriate factual findings.” Id. ¶8 Termination of parental rights is appropriate if the court finds at least one of the statutory grounds enumerated in A.R.S. § 8-533(B) by clear and convincing e …
1 CA-JV 16-0306 Ariz. Ct. App. 2016-12-15 Peter G. v. Dcs
1 CA-JV 16-0166 Ariz. Ct. App. 2016-12-01 Jean K. v. Jeremy M., J.K.
… e to the child.” Id. (quoting 25 U.S.C. § 1912(f)). ¶11 To justify termination of parental rights, the juvenile court must find at least one statutory ground is supported by clear and convincing evidence. Linda V. v. Ariz. Dep’ …
1 CA-CV 15-0568-FC Ariz. Ct. App. 2016-11-22 Ramirez v. Barnet
… rs motion that Barnet’s oldest daughter was the subject of a pending dependency/termination of parental rights proceeding filed by the Arizona Department of Child Safety (“DCS”), and that DCS had informed Barnet that if she had another chil …
1 CA-JV 16-0143 Ariz. Ct. App. 2016-11-03 Ryan W. v. Dcs, J.W.
… . v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246, 248, ¶¶ 11-12 (2000). To support termination of parental rights, one or more of the statutory grounds for termination must be proven by clear and convincing evidence. A.R.S. § 8-537(B); Shawane …
1 CA-JV 16-0139 Ariz. Ct. App. 2016-11-03 Marwa M. v. Dcs
… Ariz. 96, 101, ¶ 15, 158 P.3d 225, 230 (App. 2007). ¶15 A parent in termination of parental rights proceedings initiated by motion has a statutory duty to appear at related hearings, and a failure to appear may constitute a waiv …
1 CA-JV 16-0162 Ariz. Ct. App. 2016-11-01 Brenda B. v. Dcs
… bstantially or willfully neglecting participation in services.” ¶10 Termination of parental rights under A.R.S. § 8-533(B)(8)(a) “is not limited to those who have completely neglected or willfully refused to remedy such circumst …
1 CA-JV 16-0080 Ariz. Ct. App. 2016-10-18 Ashley E. v. Dcs, J.N.
… uding that Rule 64(C) “authorizes the juvenile court to proceed on a motion for termination of parental rights when a parent fails to appear at a pretrial conference.”3 Marianne N. v. Dep’t 2 J.N.’s father’s parental rights were also …
1 CA-JV 16-0085 Ariz. Ct. App. 2016-10-04 Marianne N. v. Department of Child Safety
… ile Court 64(C), which authorizes the juvenile court to proceed on a motion for termination of parental rights when a parent fails to appear at a pretrial conference, is unconstitutional because it is an improper exercise of our supreme cou …
1 CA-JV 16-0012 Ariz. Ct. App. 2016-09-29 Kimberlee D., Kevin M. v. Dcs
… Mother and Father also contend that the juvenile court erred in finding that a termination of parental rights was in the best interests of the children. ¶18 “To prove that the termination of parental rights would be in a child’s …
1 CA-JV 16-0151 Ariz. Ct. App. 2016-09-20 Patrick F. v. Dcs, A.S.
… . at 214, ¶ 10 (noting that when a court addresses the incarceration ground for termination of parental rights, the court is not required to presume an early release). ¶17 After considering the evidence presented to the juvenile …
1 CA-JV 16-0028 Ariz. Ct. App. 2016-09-20 Nicholaus C. v. Sarah C., I.C.
… n part, on Arizona Rule of Procedure for Juvenile Court 46(A), which applies to termination of parental rights proceedings and provides: All motions shall be in writing, unless otherwise authorized by the court, and shall set …
2 CA-JV 2016-0067 Ariz. Ct. App. 2016-09-16 Jade K. v. Loraine K. and A.K.
… JADE K. v. LORAINE K. Opinion of the Court termination of parental rights by clear and convincing evidence,” she responded, “I do.” ¶20 We emphasize this is not a matter involving the resolutio …
1 CA-JV 16-0087 Ariz. Ct. App. 2016-09-08 Tiffany M. v. Dcs
… followed. DISCUSSION ¶4 To support termination of parental rights, one or more of the statutory grounds for termination must be proven by clear and convincing evidence. A.R.S. § 8-537(B); Shawane …
1 CA-JV 15-0419 Ariz. Ct. App. 2016-08-25 Angel B., Osanna B. v. Dcs
… ce was in the best interests of the children. ¶17 “To prove that the termination of parental rights would be in a child’s best interests, [DCS] must present credible evidence demonstrating ‘how the child would benefit from a seve …
1 CA-JV 16-0038 Ariz. Ct. App. 2016-08-11 Gric v. Dcs
… 1911(c), “[i]n any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child, the Indian custodian of the child and the Indian child’s tribe shall have a right to intervene at any point …
No. 1 CA-JV 16-0038 Ariz. Ct. App. 2016-08-11 Gila River Indian Community v. Department of Child Safety
… , see AR.S. § 8-841 (2014). After the court found A.D. dependent, DCS moved for termination of parental rights pursuant to A.R.S. § 8—533(B)(1), (3), and (8)(b) (Supp. 2015). The court then terminated the rights of the biological parents, p …
1 CA-JV 15-0401 Ariz. Ct. App. 2016-07-28 Mohammad K. v. Dcs
1 CA-JV 16-0025 Ariz. Ct. App. 2016-07-21 Danielle J. v. Dcs
… ven her “bullying and noncompliance.” In addition, the DCS caseworker testified termination of parental rights would and set a permanency planning hearing, suggesting the children were found dependent as to Mother at that time. No transcr …
1 CA-JV 16-0023 Ariz. Ct. App. 2016-07-12 Lali v. v. Dcs, A.C.
… 016).3 DISCUSSION ¶8 We review the termination of parental rights for an abuse of discretion and will affirm if the termination is supported by sufficient evidence. Calvin B. v. Brittany B., 232 …
1 CA-JV 16-0022 Ariz. Ct. App. 2016-07-07 Kelly M. v. Karen K., Peter K., B.L.
… rotective Services.3 Karen, on behalf of herself and Peter, filed petitions for termination of parental rights between B.L. and Father and Kelly on the basis of abandonment. ¶3 Kelly appeared and contested the severance filing at …
1 CA-JV 16-0007 Ariz. Ct. App. 2016-07-05 Brooke M. v. Timothy S., W.S.
… t from termination had not been proven “to the degree necessary” to warrant the termination of parental rights. From this order, it appears the court relied upon the Jose M. principles our supreme court has since disavowed, disregarded evid …
1 CA-JV 15-0423 Ariz. Ct. App. 2016-06-30 Jerry J. v. Dcs, E.B.
… timely appealed. DISCUSSION 1. Termination of Parental Rights ¶12 Father argues that insufficient evidence supports the juvenile court’s order terminating his parental rights to E. …
1 CA-JV 16-0029 Ariz. Ct. App. 2016-06-30 Timothy W. v. Department of Child Safety
… made; c. Determine whether a factual basis exists to support the termination of parental rights; and d. Proceed with entering the findings and orders as set forth in subsection (F) of this rule. ¶8 …