Legal Opinion

Melissa W. v. Department of Child Safety

Court of Appeals of Arizona

Decided August 13, 2015No. 2 CA-JV 2015-0053PublishedCited by 7 opinions

1Opinion of the Court

OPINION

ECKERSTROM, Chief Judge:

¶ 1 Melissa W. appeals from the juvenile court’s order terminating her parental rights to her son P., born in May 2013, on mental illness grounds. See A.R.S. § 8-533(B)(3). She argues the court erred by drawing an adverse inference based on her failure to testify and because it “did not state the inferences made nor the weight given to such inferences.” We affirm.

¶ 2 The Department of Child Safety (DCS) 1 removed P. from Melissa’s care in August 2013 because Melissa was refusing to comply with her prescribed medication to control her mental illness, and she was…

2Cases cited12 opinions

  1. Baxter v. PalmigianoSupreme Court of the United States · 1976
  2. Nassau County Department of Social Services Ex. Rel. Dante M. v. Denise J.New York Court of Appeals · 1995
  3. City of Tucson v. Clear Channel Outdoor, Inc.Court of Appeals of Arizona · 2008
  4. Ballard v. Lumbermens Mutual Casualty Co.Wisconsin Supreme Court · 1967
  5. Labor Relations Commission v. Fall River Educators Ass'nMassachusetts Supreme Judicial Court · 1981

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3Cited by7 opinions

  1. Rasor v. Northwest Hospital, LLC Dba Northwest Medical CenterCourt of Appeals of Arizona · 2016
  2. Albert D. v. DcsCourt of Appeals of Arizona · 2018
  3. Brad S. (Father) v. State of Alaska, DHSS, OCSAlaska Supreme Court · 2025
  4. C.D. v. DcsCourt of Appeals of Arizona · 2018
  5. In re Dependency of A.M.F.Washington Supreme Court · 2023

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