In Re Term of Parental Rights as to Y.W.
── In Re Term of Parental Rights as to Y.W. ──
Court: Court of Appeals of Arizona
Date: May 13, 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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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 Y.W.
No. 1 CA-JV 25-0175
FILED 05-13-2026
Appeal from the Superior Court in Maricopa County
No. JD44683
The Honorable Danielle J. Viola, Judge
AFFIRMED
COUNSEL
Maricopa County Office of the Public Advocate, Mesa
By Seth Draper
Counsel for Appellant
Arizona Attorney General's Office, Phoenix
By Anna V. Vaszar
Counsel for Appellee Department of Child Safety
Maricopa County Office of the Legal Advocate, Phoenix
By Amanda L. Adams
Counsel for Appellee Child Y.W.
IN RE TERM OF PARENTAL RIGHTS AS TO Y.W.
Decision of the Court
MEMORANDUM DECISION
Judge James B. Morse Jr. delivered the decision of the Court, in which
Presiding Judge Andrew M. Jacobs and Judge Brian Y. Furuya joined.
M O R S E, Judge:
¶1 Tyrell W. ("Father") appeals the termination of his parental
rights as to Y.W., arguing the Department of Child Safety ("DCS") did not
make diligent efforts to provide him reunification services. We affirm.
FACTS AND PROCEDURAL BACKGROUND
¶2 Mother 1 gave birth to Y.W. in October of 2024. Father did not
establish his paternity at birth. At birth, doctors diagnosed Y.W. with
syphilis and substance-exposed to methamphetamine, THC, cocaine, and
fentanyl. Mother admitted that she and Father used cocaine and THC
together during the pregnancy. DCS removed Y.W. from her parents
shortly after birth.
¶3 DCS began dependency proceedings in October of 2024. DCS
alleged Y.W. was dependent as to Father because he was homeless and had
substance-abuse problems. In December of 2024, the superior court held a
pre-trial conference where both Mother and Father pled no contest to the
allegations in the dependency petition. Because Father had not established
his paternity, the superior court "suspended" the dependency findings as to
Father until his paternity could be established.
¶4 DCS began providing Father reunification services in October
of 2024. DCS offered Father paternity and drug testing, drug rehabilitation
services, trauma therapy, Family Connections, and visitation services. DCS
informed Father about the availability of services through face-to-face
communication and service letters. Father did not consistently participate
in services. Father appeared for one session of Family Connections, a
program designed to promote positive behavioral change and help parents
locate family and social supports, but stated he would not participate. He
was closed out of the program in February of 2025. DCS referred Father to
1 The superior court terminated Mother's parental rights to Y.W.
Mother is not a party to this appeal.
2
IN RE TERM OF PARENTAL RIGHTS AS TO Y.W.
Decision of the Court
substance-abuse treatment in January 2025, but his referral was closed
when he did not participate. Father attended two trauma therapy meetings
but did not follow through with the program. Occasionally, Father
attended supervised parenting time, but he often fell asleep during his
visits with Y.W. In March 2025, Father completed a paternity test. That
same day, Father tested positive for amphetamine, methamphetamine, and
THC, and refused to provide hair samples for further drug testing. In April
2025, DCS canceled Father's supervised parenting time due to inconsistent
participation. That month, the superior court issue
{# 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. #}