In Re Term of Parental Rights as to W.P. and W.P.
── In Re Term of Parental Rights as to W.P. and W.P. ──
Court: Court of Appeals of Arizona
Date: May 28, 2026
Category: General
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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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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 W.P. and W.P.
No. 1 CA-JV 25-0166
FILED 05-28-2026
Appeal from the Superior Court in Maricopa County
No. JD36129
The Honorable Pamela Gates, Judge
APPEAL DISMISSED
COUNSEL
Center for the Rights of Abused Children, Phoenix
By Tom Jose, Timothy D. Keller, Logan Nuttall
Counsel for Appellants /Intervenors
Maricopa County Legal Defender’s Office, Phoenix
By Jamie R. Heller
Counsel for Appellee Justin L.
IN RE TERM OF PARENTAL RIGHTS AS TO W.P. and W.P.
Decision of the Court
Denise L. Carroll, Scottsdale
Counsel for Appellee Mother Caitlyn P.
Arizona Attorney General’s Office, Phoenix
By Autumn Spritzer
Counsel for Appellee Department of Child Safety
MEMORANDUM DECISION
Presiding Judge Samuel A. Thumma delivered the decision of the Court, in
which Judge Andrew J. Becke and Judge Kent E. Cattani joined.
T H U M M A, Judge:
¶1 I.P. and S.P. (Intervenors) purport to appeal from an order
denying a motion to terminate the parental rights of Justin L. and Caitlyn
P. (Parents) to their twins. Parents move to dismiss the appeal for lack of
jurisdiction, arguing Intervenors are not aggrieved parties. Because this
court lacks appellate jurisdiction, the court grants that motion and
dismisses the appeal.
FACTS AND PROCEDURAL HISTORY
¶2 The twins were born in July 2023. The Department of Child
Safety (DCS) almost immediately took them into custody and filed a
dependency petition, alleging substance abuse and other grounds. The
twins were placed in the physical custody of Intervenors, where they
apparently remain today as dependent children. In February 2025, after
Parents had re-engaged in services and DCS withdrew a motion to
terminate, I.P. and S.P. moved to intervene. In March 2025, the court
permitted I.P. and S.P. to intervene “for purposes of discussing placement
and visitation.” Meanwhile, counsel for the twins filed a motion to
terminate. In October 2025, the court denied that motion without prejudice.
Intervenors then filed a timely notice of appeal from that denial.
2
IN RE TERM OF PARENTAL RIGHTS AS TO W.P. and W.P.
Decision of the Court
DISCUSSION
¶3 Parents moved to dismiss the appeal, arguing Intervenors are
not aggrieved by the October 2025 order and, therefore, have no right to
appeal. See Ariz. R.P. Juv. Ct. 601(a). In its answering brief, DCS also argues
this court should dismiss the appeal. In seeking to appeal, Intervenors have
the burden to show appellate jurisdiction. Jessicah C. v. Dep’t of Child Safety,
248 Ariz. 203, 205 ¶ 9 (App. 2020).
¶4 Only an “aggrieved party” may appeal from a final order in a
juvenile proceeding. Ariz. R.P. Juv. Ct. 601(a); A.R.S. § 8-235(A). To be an
aggrieved party, the final order being challenged must deny “the party a
personal or property right or imposes a substantial burden on the party.”
Ariz. R.P. Juv. Ct. 601(a); Jewel C. v. Dep’t of Child Safety, 244 Ariz. 347, 349 ¶
3 (App. 2018) (citing cases). Here, Intervenors argue they were aggrieved
because the October 2025 order “placed a substantial burden on their ability
to adopt” the twins.
¶5 Intervenors, who wish to adopt the twins, undoubtedly are
disappointed with the October 2025 order. However, they acknowledge
that they have no right to
{# 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. #}