Arizona Appellate Opinions

Published opinions of the Arizona Supreme Court and Court of Appeals, collated from public records. 495 opinions matched; showing 401–450.

Filtering by: “termination of parental rights” Last 10 yrs · since 2016 Expand to full archive (1930–) Clear ×
Docket Court Filed Disposition Case
1 CA-JV 17-0505 Ariz. Ct. App. 2018-05-22 Albert D. v. Dcs
… the children in the near future. B. Best Interests ¶21 Termination of parental rights is in a child’s best interests if he or she will “derive an affirmative benefit from termination or incur a detriment by continui …
1 CA-JV 17-0456 Ariz. Ct. App. 2018-05-10 Brittany P., Andres G. v. Dcs, N.G.
… option is otherwise legally possible and likely, a juvenile court may find that termination of parental rights, so as to permit adoption, is in the child's best interests." Demetrius L. v. Joshlynn F., 239 Ariz. 1, 4, ¶ 12 (2016); see Mary …
1 CA-JV 17-0461 Ariz. Ct. App. 2018-05-10 Vanessa W. v. Dcs
… al. Decision of the Court affirm a juvenile court's termination of parental rights absent an abuse of discretion and accept its findings of fact unless they are clearly erroneous. Mary Lou C. v. Ariz. Dep't of Ec …
1 CA-CV 17-0371-FC Ariz. Ct. App. 2018-05-08 Gonzales v. Vargas
… Safety, 235 Ariz. 532, 534–35, ¶¶ 11-13 (App. 2014) (holding, in the context of termination of parental rights, an eleven-year-old’s “subjective belief” that Mother could not keep him safe, and child’s refusal to participate in family couns …
1 CA-JV 17-0520 Ariz. Ct. App. 2018-05-01 Patrick G. v. Dcs
… o intervene in “any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child”). DCS promptly filed a petition to terminate the parent-child relationship. When Father was released in Augu …
1 CA-JV 17-0522 Ariz. Ct. App. 2018-04-26 Jeuda K. v. Dcs
… a Cty. Juv. Action No. JS-501568, 177 Ariz. 571, 577 (App. 1994) (affirming the termination of parental rights where “a parent substantially neglected to remedy her addiction during more than a year of out-of-home placement . . . even thoug …
1 CA-JV 17-0457 Ariz. Ct. App. 2018-04-26 Tzsiah E. v. Dcs
… court “may permit telephonic testimony . . . in any dependency, guardianship or termination of parental rights hearings.” Ariz. R.P. Juv. Ct. (“Rule”) 42. However, the court is not required to permit telephonic appearances. See Willie G., 2 …
1 CA-JV 17-0361 Ariz. Ct. App. 2018-04-26 Linda B. v. Dcs
… o substance abuse, neglect, mental health issues, prior dependencies, and prior termination of parental rights. ¶6 DCS again provided Mother with services, including parent aide, facilitated visitation, urinalysis testing, subs …
1 CA-JV 17-0390 Ariz. Ct. App. 2018-04-24 Gabrial G. v. Dcs, G.G.
… cision of the Court DISCUSSION ¶5 Termination of parental rights requires clear and convincing evidence of a statutory ground set out in § 8-533(B), Michael J. v. Ariz. Dep't of Econ. Sec., 196 …
No. 2 CA-JV 2017-0176 Ariz. Ct. App. 2018-04-09 Titus S. v. Dep't of Child Safety
… STARING, Presiding Judge: ¶ 1 This appeal involves the termination of parental rights of Titus S., an out-of-state father, to T.S., his fourteen-year-old daughter *1140 and R.S., his thirteen-year-old son. In the unusual circumstances prese …
1 CA-JV 17-0445 Ariz. Ct. App. 2018-04-03 Eric R. v. Dcs
… d the case plan to be changed to severance and adoption. DCS filed a motion for termination of parental rights as to Father and the children. DCS alleged Father’s neglect of the children, Father’s chronic abuse of dangerous drugs rendered h …
1 CA-CV 17-0337 Ariz. Ct. App. 2018-03-27 Gilliland v. Lill
… or her child, or (2) is so intrusive that the conduct essentially results in a termination of parental rights. But those cases describe at a high level of generality a parent’s rights to companionship with his or her child and do not suffi …
1 CA-JV 17-0437 Ariz. Ct. App. 2018-03-27 Hannah B. v. Dcs, M.T.
1 CA-JV 17-0408 Ariz. Ct. App. 2018-03-20 Melissa M. v. Dcs, J.A.
… ce of counsel. Ineffective assistance of counsel does not support reversal of a termination of parental rights unless the aggrieved parent can demonstrate that counsel’s deficient performance undermines confidence in the outcome of the proc …
1 CA-JV 17-0309 Ariz. Ct. App. 2018-03-20 Wayne W., Patricia B. v. Dcs
… interests, Kent K. v. Bobby M., 210 Ariz. 279, 288, ¶ 41 (2005). ¶12 Termination of parental rights based on fifteen months in an out-of-home placement requires the juvenile court to find the ground by clear and convincing eviden …
1 CA-JV 17-0427 Ariz. Ct. App. 2018-03-01 Brittany W., Ryan W. v. Dcs
… were moved to Washington was not the result of a dependency determination or a termination of parental rights, but was due to the absence of a suitable placement in Arizona during proceedings. Because visitation was not at issue, we do not …
1 CA-JV 17-0191 Ariz. Ct. App. 2018-02-22 Leo H. 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 17-0432 Ariz. Ct. App. 2018-02-15 Penny G. v. Dcs
… te entry described DCS's explanation as follows: The original motion for termination of parental rights was filed in good faith, but after further review the Department determined it would be in the children's best intere …
1 CA-JV 17-0343 Ariz. Ct. App. 2018-02-15 Janice H. v. Dcs
… DISCUSSION ¶7 To support an order for termination of parental rights, the juvenile court must find that one or more of the statutory grounds for termination were proven by clear and convincing evide …
CV-17-0136-PR Ariz. 2018-02-09 Brenda D. v. Dep't of Child Safety
… derive its meaning.” Bell, 236 Ariz. at 480 ¶ 7. ¶16 DCS may initiate termination of parental rights proceedings by petition or motion. See A.R.S. §§ 8-533(A) (petition), -862(D) (motion). When DCS initiates such proceedings by mo …
1 CA-JV 17-0372 Ariz. Ct. App. 2018-01-30 Matthew D. v. Dcs, L.D.
… § 8-533(B)(3). See Raymond F., 224 Ariz. at 376, ¶ 14 (finding we will affirm a termination of parental rights if “any one of the statutory grounds is proven and if the termination is in the best interest of the child[]” (citing Jesus M., 2 …
1 CA-JV 17-0331 Ariz. Ct. App. 2018-01-30 Jered W. v. Dcs, M.W.
… alvin B. v. Brittany B., 232 Ariz. 292, 296, ¶ 17 (App. 2013). ¶8 Termination of parental rights under A.R.S. § 8-533(B)(4) requires clear and convincing proof that a “parent is deprived of civil liberties due to the convictio …
1 CA-JV 17-0199 Ariz. Ct. App. 2018-01-30 Edward S. v. Dcs
… 9 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 17-0373 Ariz. Ct. App. 2018-01-25 Mongco T., Jack v. v. Dcs, J.V.
1 CA-JV 17-0280 Ariz. Ct. App. 2018-01-16 Mychel E. v. Dcs, A.S.
… ated Father’s parental rights on both grounds. ¶5 Regarding the prior termination of parental rights within the preceding two years, the superior court first found that Father’s rights to 1 Mother’s parental rights were ter …
1 CA-JV 17-0265 Ariz. Ct. App. 2018-01-11 Tabitha S. v. Dcs
… evidence supports the court's factual findings. Id. ¶17 To justify termination of parental rights under A.R.S. § 8- 533(B)(2), DCS must prove a parent has neglected or willfully abused a child. "[A]buse includes serious physica …
1 CA-JV 17-0329 Ariz. Ct. App. 2018-01-09 Eddie B. v. Dcs, E.B.
… s to reunify the family, but further efforts would be unproductive; and (3) the termination of parental rights was not in E.B.’s interest given his desire to have an ongoing relationship with his parents in a safe environment. See id. at § …
1 CA-JV 17-0070 Ariz. Ct. App. 2018-01-04 Maria O. v. Dcs
… ed from Mother’s home in December 2013 and remained out of her home through the termination of parental rights in December 2016. ¶9 DCS moved for a change in physical custody, which the juvenile court granted in January 2014. Mea …
1 CA-JV 17-0299 Ariz. Ct. App. 2017-12-14 Lisa W. v. Dcs, K.W.
… t “made a diligent effort to provide appropriate reunification services” before termination of parental rights. A.R.S. § 8-533(B); see also Christina G. v. Ariz. Dep’t of Econ. Sec., 227 Ariz. 231, 235, ¶ 14 (App. 2011) (“The juvenile court …
1 CA-JV 17-0210 Ariz. Ct. App. 2017-12-14 Stella H. v. Dcs, J.H.
… DISCUSSION ¶5 To support an order for termination of parental rights, the juvenile court must find that one or more of the statutory grounds for termination have been proven by clear and convincing …
1 CA-JV 17-0237 Ariz. Ct. App. 2017-12-14 Tomi M. v. Dcs
1 CA-JV 17-0182 Ariz. Ct. App. 2017-12-14 Ellesse J. v. Dcs
… et al. Decision of the Court (1982)). Accordingly, "termination of parental rights is not favored and . . . generally should be considered only as a last resort." Id. (citing Maricopa County Juv. Action No. JS-52 …
1 CA-JV 17-0314 Ariz. Ct. App. 2017-12-07 Jerome H. v. Dcs, J.H.
1 CA-JV 17-0122 Ariz. Ct. App. 2017-11-28 Lindsay A., Andrew W. v. Dcs
… may permit telephonic testimony or argument or video conferencing in any . . . termination of parental rights hearing[ ]” on the court’s motion or on written motion by a party); see also Willie G. v. Ariz. Dep’t of Econ. Sec., 211 Ariz. 23 …
1 CA-SA 17-0276 Ariz. Ct. App. 2017-11-22 Dcs v. Hon. ryan/rosa F./et Al.
1 CA-JV 17-0274 Ariz. Ct. App. 2017-11-21 Robert G. v. Dcs, R.G.
1 CA-JV 17-0139 Ariz. Ct. App. 2017-11-16 Jessica S. v. Dcs, T.F.
… when it found that termination was in the child's best interests. To establish termination of parental rights would be in a child's best interests, the court must find that the child will "derive an affirmative benefit from termination or …
1 CA-JV 17-0142 Ariz. Ct. App. 2017-10-31 Odin S. v. Dcs, A.S.
… o make a "diligent effort to provide appropriate reunification services" before termination of parental rights. A.R.S. § 8-533(B). Moreover, DCS had to prove it "made a diligent effort to provide appropriate reunification services" to justi …
1 CA-JV 17-0180 Ariz. Ct. App. 2017-10-26 Landell M. v. Dcs, N.M.
… . 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). In addi …
1 CA-JV 17-0130 Ariz. Ct. App. 2017-10-24 Lynda H. v. Dcs, J.S.
… 8-533(B); Kent K. v. Bobby M., 210 Ariz. 279, 284, ¶ 22 (2005). ¶24 Termination of parental rights based on fifteen-months out- of-home placement requires a finding that the child has been in an out-of- home placement for fiftee …
1 CA-JV 17-0203 Ariz. Ct. App. 2017-10-24 Ashley W. v. Dcs
… ounty Severance Action No. S-2397, 161 Ariz. 574, 577–78 (App. 1989) (affirming termination of parental rights where a parent failed to establish that her counsel's performance was both incompetent and prejudicial). …
1 CA-JV 16-0540 Ariz. Ct. App. 2017-09-28 Willard E. v. Dcs
… ces for an additional period of time.” We conclude otherwise. ¶19 Termination of parental rights is in the best interests of a child if it is either a benefit to the child or the child will be harmed if the parent’s 4 I …
CV-16-0259-PR Ariz. 2017-09-25 Marianne N. v. dcs/o.N./i.T./a.G.
… nd GOULD, dissented. JUSTICE TIMMER, opinion of the Court: ¶1 When termination of parental rights proceedings are initiated by motion in a pending dependency action, A.R.S. § 8-863(C) authorizes the juvenile court to find that …
1 CA-JV 17-0019 Ariz. Ct. App. 2017-08-31 Michelle M. v. Dcs, H.N.
… Ariz. 331 (2009) (discussing interrelationship between ICWA and Arizona law for termination of parental rights). ¶12 DCS does not argue that Mother’s testimony was insufficient to provide notice that H.N. might be an Indian child …
1 CA-JV 16-0443 Ariz. Ct. App. 2017-08-15 Michael M. v. Katie A., E.O.
… option is otherwise legally possible and likely, a juvenile court may find that termination of parental rights, so as to permit adoption, is in the child’s best interests.”) (citing Mary Lou C. v. Ariz. Dep’t of Econ. Sec., 207 Ariz. 43, 50 …
1 CA-JV 16-0466 Ariz. Ct. App. 2017-08-08 Jessica H. v. Dcs
1 CA-JV 17-0026 Ariz. Ct. App. 2017-08-01 Janine E. v. Dcs
1 CA-JV 16-0406 Ariz. Ct. App. 2017-07-20 Rebekah G. v. Katy C.
1 CA-JV 16-0381 Ariz. Ct. App. 2017-06-22 Michael T. v. Dcs, J.E.
… ence and may result in an adjudication of dependency, permanent guardianship or termination of parental rights based upon the record and evidence presented . . . .” (Emphasis added.) ¶4 Father denied the allegations. During the c …
CV-16-0220-PR Ariz. 2017-06-13 Gila River Indian Community v. Department of Child Safety
… ineates “child custody proceeding” into four categories: foster care placement, termination of parental rights, preadoptive placement, and adoptive placement. 25 U.S.C. § 1903(1)(i)–(iv). ¶13 The first jurisdictional component of …