In Re Dependency as to A.O.
── In Re Dependency as to A.O. ──
Court: Court of Appeals of Arizona
Date: April 30, 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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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 A.O.
No. 1 CA-JV 25-0146
FILED 04-30-2026
Appeal from the Superior Court in Maricopa County
No. JD536046
The Honorable Suzanne E. Cohen, Judge
AFFIRMED
COUNSEL
Ashley P., Apache Junction
Appellant
Slaton Roebuck PLLC, Scottsdale
By Sandra L. Slaton
Counsel for Appellant Leah M.
David W. Bell Attorney at Law, Higley
By David W. Bell
Counsel for Appellee
IN RE DEPENDENCY AS TO A.O.
Decision of the Court
Maricopa County Office of Legal Advocate, Phoenix
By Amanda L. Adams
Counsel for Appellee Child
MEMORANDUM DECISION
Presiding Judge Michael S. Catlett delivered the decision of the Court, in
which Judge Angela K. Paton and Judge Jennifer M. Perkins joined.
C A T L E T T, Judge:
¶1 Leah M. (“Grandmother”) and Ashley P. (“Aunt”)
(collectively with Grandmother, “Petitioners”) both petitioned the juvenile
court to have A.O. (“Child”) declared dependent as to Richard O.
(“Father”). The juvenile court denied those petitions. Petitioners appeal.
Because the record supports the juvenile court’s decision, we affirm.
FACTS AND PROCEDURAL HISTORY
¶2 Father and Melissa O. (“Mother”) had Child in August 2017.
Mother died in August 2023, when Child was six years old. Police
determined Mother committed suicide, but Petitioners believe Father killed
her. They also believe Child, who has a heart condition known as Tetralogy
of Fallot, is medically fragile and may be critically ill because of Father’s
alleged medical neglect.
¶3 In December 2023, Grandmother petitioned for in loco parentis
legal decision-making authority, and Aunt petitioned for visitation. Those
cases were consolidated and remain active in the family court.
¶4 In October 2024, Grandmother filed a dependency petition.
The juvenile court ordered the Department of Child Safety (“Department”)
to investigate her allegations of abuse and neglect. An investigator with the
Department interviewed Father, Child, Child’s half sibling, Grandmother,
and Aunt. The Department reported to the court that Father was meeting
all of Child’s basic medical, behavioral health, and parenting needs. The
Department concluded Father’s home was safe and appropriate, and it did
not observe any signs that Father abused alcohol. The Department
recommended Child remain in Father’s custody.
¶5 At the initial dependency hearing in November 2024, the
Department asked to be excused from the case, and Child’s attorney moved
2
IN RE DEPENDENCY AS TO A.O.
Decision of the Court
to dismiss the dependency. The juvenile court dismissed that petition.
Grandmother petitioned for special action relief; we declined jurisdiction.
¶6 In March and April 2025, Petitioners filed new dependency
petitions. Their petitions made similar allegations: (1) Father neglected
Child’s medical and behavioral health needs; (2) Father abused alcohol; and
(3) Father physically, mentally, and emotionally abused Child.
¶7 The juvenile court ordered the Department to conduct
another investigation. The Department’s again recommended that Father
maintain custody of Child. The Department’s investigator noted that the
Department had interviewed Child for the fifth time, and Child “has not
disclosed maltreatment[.]” The investigator expressed concern that
expos
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}