Severance and Termination of Parental Rights in Arizona

The following Arizona cases are either often-cited or recent decisions in matters relating to severance and termination of parental rights cases.

1. Mary Lou C. v. ADES, 207 Ariz. 43, 83 P.3d 43 (Ct. App., Div. 1, 2004)
   The Department of Economic Security filed a petition to sever an incarcerated mother's parental rights. The Superior Court terminated mother's rights. Mother appealed. The Court of Appeals held that (1) termination of mother's rights was supported by statutory "same cause" ground; (2) reunification services would have been futile; and (3) termination of mother's rights would be in child's best interests. (PDF 157 KB).
   
   
2. ADES v. Oscar O., --- Ariz. ----, 100 P.3d 943 (Ct. App., Div. 2, 2004)
   The Department of Economic Security filed a motion to terminate father's parental rights to his two children. The Superior Court denied the motion. DES, children, and foster parents appealed. The Court of Appeals held that evidence was insufficient to support the juvenile court's finding that termination of father's parental rights was contrary to the best interests of the children.  (PDF 129 KB).
   
   
3. Mara M. v. DES, 201 Ariz. 503, 38 P.3d 41(Ct. App., Div. 1, 2002)
   Mother appealed from decision of the Superior Court terminating her parental rights. The Court of Appeals held that motion to terminate parent's parental rights, being in furtherance of exercise of juvenile court's continuing authority, need not be served personally on parent or by publication, as civil procedure rule requires of post-judgment motions, but, rather, may be served on parent's attorney. (PDF 147 KB).