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Neutral Court Opinion Apr 07, 2026

In Re Dependency as to S.K.

── In Re Dependency as to S.K. ── Case No.: 1 CA-JV 25-0196 Court: Court of Appeals of Arizona Date: March 18, 2026 Category: General 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 DEPENDENCY AS TO S.K. No. 1 CA-JV 25-0196 FILED 03-18-2026 Appeal from the Superior Court in Maricopa County No. JD533241 The Honorable Marvin L. Davis, Judge AFFIRMED COUNSEL Robert D. Rosanelli, Attorney at Law, Phoenix By Robert D. Rosanelli Counsel for Appellant Arizona Attorney General’s Office, Tucson By Laura J. Huff Counsel for Appellee Department of Child Safety IN RE DEPENDENCY AS TO S.K. Decision of the Court MEMORANDUM DECISION Presiding Judge D. Steven Williams delivered the Court’s decision, in which Judge Andrew M. Jacobs and Judge Michael S. Catlett joined. W I L L I A M S, Judge: ¶1 Erin K. (“Mother”) appeals the juvenile court’s dependency order. For the following reasons, we affirm. FACTUAL AND PROCEDURAL HISTORY ¶2 Mother is the sole adoptive parent of S.K. (“Child”), born in 2016. In 2020, the Department of Child Safety (“DCS”) petitioned for a dependency, but the juvenile court dismissed the petition for insufficient evidence. ¶3 In September 2025, a neighbor requested a welfare check while babysitting Child. The neighbor stated to police that Child mentioned living with several animals in the apartment, including dogs, cats, guinea pigs, and (possibly) chickens and a turkey. Police spoke to a second neighbor who stated Mother kept animals in the apartment, including aggressive dogs, and that the apartment emanated a foul odor. The second neighbor also expressed concern for Child’s safety. ¶4 Standing outside of Mother’s apartment, police noted “a strong foul odor of animal feces and urine.” Police knocked, and Mother answered but refused to allow entrance into the apartment or to answer questions about Child. Police left to contact the apartment complex’s management office. Meanwhile, Mother went to the reporting neighbor’s apartment “irate” and “banging on the door and window” to retrieve Child. The neighbor phoned police, who promptly returned. Mother was “hostile and uncooperative.” Police arrested Mother for disorderly conduct and child neglect. ¶5 Mother’s boyfriend then gave permission for police to go inside the apartment. Once inside, they observed “animal feces and animal urine on the ground, [and] what appeared to be rotting food on the ground.” DCS took custody of Child and petitioned for a dependency, alleging Mother was “unwilling or unable to provide proper and effective 2 IN RE DEPENDENCY AS TO S.K. Decision of the Court parental care and control and neglected to provide a safe and stable home environment and/or proper supervision.” ¶6 The juvenile court held a contested dependency adjudication hearing over two nonconsecutive days. Mother testified she did not live in the apartment, that it was her boyfriend’s, and that she owned a different home, through a family trust, located in Williams. She admitted using the apartment’s address to enroll Child in school, but claimed she was unaware of the apartment’s condition. She stated she was living in a short-term rental and had signed a new lease on a home in Pennsylvania. ¶7 A DCS caseworker testified that Mother refused to allow a home visit at the short-term rental because of a water leak. The case worker also relayed difficulty in scheduling a visit at the h
CourtListener · Mar 18, 2026
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