Brenda D. v. Department of Child Safety

OPINION

McMURDIE, Judge:

¶ 1 In this case, we are asked to determine if a parent has “failed to appear” for a termination adjudication hearing within the meaning of Arizona Revised Statutes (“A.R.S.”) section 8-863(C) and Arizona Rule of Juvenile Procedure 66(D)(2), if the parent appeared approximately 26 minutes late. We are also asked to determine if the superior court improperly restricted a parent’s counsel’s participation at the hearing, and violated the parent’s right to be heard by refusing to allow the parent to testify because of tardiness, We hold a parent has not “failed to appear”…