Margaret H. v. Arizona Department of Economic Security

OPINION

BRAMMER, Judge.

¶ 1 In this appeal, appellant Margaret H. challenges the juvenile court’s November 2005 order granting the motion for summary judgment filed by appellee the Arizona Department of Economic Security (ADES) and terminating her parental rights to Dasanee H. The court terminated Margaret’s parental rights pursuant to A.R.S. § 8-533(B)(3) (parent’s mental illness or substance abuse) and § 8-533(B)(8)(a) (child’s nine-month out-of-home placement). Because we find there were questions of fact precluding the entry of summary judgment on either ground, we reverse.

¶ 2 The issues…