Mary Ellen C. v. Arizona Department of Economic Security

OPINION

FIDEL, Judge.

¶ 1 It is well established that the State, before acting to terminate parental rights, has an affirmative duty to make all reasonable efforts to preserve the family relationship. See Maricopa County Juv. Action No. JS-6520, 157 Ariz. 238, 241, 756 P.2d 335, 338 (App.1988); see also Maricopa County Juv. Action No. JA 33794, 171 Ariz. 90, 91-92, 828 P.2d 1231,1232-33 (App.1991). The case law has been inconsistent, however, in establishing whether this affirmative duty entails an obligation to make a reasonable effort to rehabilitate a parent who suffers from a disabling…