Legal Opinion

Brenda D. v. Dep't of Child Safety

Arizona Supreme Court

Decided February 9, 2018No. CV-17-0136-PRPublishedCited by 7 opinions

1Opinion of the Court

VICE CHIEF JUSTICE PELANDER, opinion of the Court:

¶ 1 After the Arizona Department of Child Safety ("DCS") initiates proceedings to terminate parental rights by motion under A.R.S. § 8-862(D), if a parent fails to appear at a termination adjudication hearing without good cause, Arizona law vests the juvenile court with discretion to find that the parent has waived his or her legal rights and admitted the motion's allegations. A.R.S. § 8-863(C) ; Ariz. R.P. Juv. Ct. ("Rule") 66(D)(2). We address here how the statute and rule apply when a parent, without good cause, appears late for a…

Also in this document: Concurring in part, dissenting in part.

2Cases cited31 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Santosky v. KramerSupreme Court of the United States · 1982
  3. Kent K. v. Bobby M.Arizona Supreme Court · 2005
  4. Hayes v. Continental InsuranceArizona Supreme Court · 1994
  5. State v. HansenArizona Supreme Court · 2007

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3Cited by7 opinions

  1. In the Matter of the Termination of Parental Rights To: Tjh, Minor Child, Christine Dawn Herden v. State of Wyoming, Ex Rel. Department of Family ServicesWyoming Supreme Court · 2021
  2. Trisha A. v. Department of Child safety/l.A./l.A.Arizona Supreme Court · 2019
  3. Lisa Friedman v. David C Roels JrArizona Supreme Court · 2018
  4. Alma S. v. Dep't of Child SafetyArizona Supreme Court · 2018
  5. In re K.M.W.Supreme Court of North Carolina · 2020

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