Legal Opinion

Department of Child Safety v. Beene

Court of Appeals of Arizona

Decided July 24, 2014No. 1 CA-SA 14-0058PublishedCited by 19 opinions

1Opinion of the Court

OPINION

THUMMA, Judge.

¶ 1 The issue in this special action is whether parents, at a trial (called an adjudication) on a motion to terminate their parental rights, have a due process right to call their children as witnesses to confront and cross-examine them about the children’s hearsay statements admitted in evidence. Petitioner Department of Child Safety (DCS) challenges the denial of its motion for a protective order seeking to preclude such testimony, arguing the superior court should have considered the children’s best interests in deciding whether parents had a right to call them as…

2Cases cited42 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Wolff v. McDonnellSupreme Court of the United States · 1974
  3. Santosky v. KramerSupreme Court of the United States · 1982
  4. Armstrong v. ManzoSupreme Court of the United States · 1965
  5. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981

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3Cited by19 opinions

  1. Alvarado v. ThomsonCourt of Appeals of Arizona · 2016
  2. State ex rel. Montgomery v. PadillaCourt of Appeals of Arizona · 2015
  3. Dep't of Child Safety v. Stocking-TateCourt of Appeals of Arizona · 2019
  4. Brittany W., Ryan W. v. DcsCourt of Appeals of Arizona · 2018
  5. Chongtanalertporn v. BrocatoCourt of Appeals of Arizona · 2021

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