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Neutral Court Opinion Apr 07, 2026

In Re Term of Parental Rights as to A.S.

── In Re Term of Parental Rights as to A.S. ── Case No.: 1 CA-JV 25-0117 Court: Court of Appeals of Arizona Date: March 12, 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 TERMINATION OF PARENTAL RIGHTS AS TO A.S. No. 1 CA-JV 25-0117 FILED 03-12-2026 Appeal from the Superior Court in La Paz County No. S1500JD202300003 The Honorable Marcus A. Kelley, Judge AFFIRMED COUNSEL Southwestern Legal Collective, Phoenix By Robert Ian Casey Counsel for Appellant Mother Arizona Attorney General’s Office, Phoenix By Autumn L. Spritzer Counsel for Appellee Department of Child Safety Whitney Whitney Baldridge Atkinson, Kingman By Andraya Whitney Counsel for Appellee Child A.S. IN RE TERM OF PARENTAL RIGHTS AS TO A.S. Decision of the Court MEMORANDUM DECISION Judge Veronika Fabian delivered the decision of the Court, in which Presiding Judge Michael J. Brown and Vice Chief Judge David D. Weinzweig joined. F A B I A N, Judge: ¶1 Whitney C. (“Mother”) appeals the termination of her parental rights to A.S. (“Child”), arguing the juvenile court erred when it: (1) found the Department of Child Safety (“the Department”) made diligent efforts to provide appropriate reunification services and (2) permitted testimony of an undisclosed witness. Because reasonable evidence supports the juvenile court’s finding of diligent efforts and the juvenile court did not abuse its discretion in permitting the witness to testify, this Court affirms. FACTUAL AND PROCEDURAL BACKGROUND ¶2 This Court views the facts in the light most favorable to sustaining the juvenile court’s order. See Demetrius L. v. Joshlynn F., 239 Ariz. 1, 2 ¶ 2 (2016). A. The Department Takes Temporary Custody of Child and the Juvenile Court Finds Child Dependent. ¶3 Child was born in August 2019 to Mother and Dylan S. (“Father”). In May 2023, the Department received a report that Mother and Father (collectively “Parents”) were exposing Child to substance abuse and domestic violence, prompting a visit to the family home by the Department’s investigator and the La Paz County sheriff. Upon arrival, investigators discovered the family was living in a converted school bus without running water and filled with trash. Mother and Child were found at a nearby house known for drug trafficking. Mother appeared to be under the influence and Child was dirty and inappropriately dressed. The Department removed Child from Parents’ care and filed a dependency petition. Child later tested positive for methamphetamine. ¶4 In January 2024, after a contested hearing, the juvenile court found Child dependent as to Mother and Father based on domestic violence, substance abuse, and unsafe living conditions. The court affirmed a family-reunification case plan with a concurrent plan of severance and 2 IN RE TERM OF PARENTAL RIGHTS AS TO A.S. Decision of the Court adoption. It directed the Department to provide Parents with reunification services. B. The Department Provides Reunification Services to Parents. ¶5 For the next year and a half, the Department offered Mother and Father various reunification services, including case management, parenting classes, substance abuse treatment and testing, transportation, and supervised visitation. Recognizing that drug testing was difficult because Parents lived in a remote area, the Department arranged random hair follicle tests every few months in place of weekly urinalysis testing.
CourtListener · Mar 12, 2026
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