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Date: 12-13-2022
Case Style:
Casey G. v. Department of Child Safety, A.D., C.G., Intervenors
Case Number: 1 CA-jv-22-0144
Judge: Cruz
Court: Court of Appeals of Arizona, First Division on appeal from the Superior Court, Maricopa County
Plaintiff's Attorney:
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Defendant's Attorney: Arizona Attorney General's Office, Tucson By Jennifer R. Blum Counsel for Appellee Department of Child Safety
Description: Phoenix, Arizona family law lawyer represented Defendant appealing an order terminating his parental rights as to the children, A.D. and C.G.
¶2 In September 2020, the Department of Child Safety ("DCS") filed a dependency petition as to A.D. and C.G. due to Father's alleged substance abuse and domestic violence. DCS alleged Father had a current and long history of abusing substances and engaged in domestic violence with the children's mother while they were present. DCS removed the children from the parents' care and placed them with their maternal grandmother. The court found both children dependent as to Father and adopted a family reunification case plan.
¶3 DCS referred Father for substance-abuse treatment and testing, a psychological evaluation, individual counseling with a domestic violence component, and parent aide services including supervised visitation. Father graduated from standard outpatient substance-abuse treatment to recovery maintenance in December 2020, but between November 2020 and March 2021, Father did not comply with required
2
substance-abuse testing. During this time, Father also became "erratic" and "aggressive" toward the children's mother, the parenting aide, and the children. After Father failed to appear at the evidentiary hearing regarding his parenting time, the court suspended Father's visits with the children, and Father refused to continue participating in parent aide services.
¶4 During his psychological evaluation, Father reported completing "numerous" substance-abuse treatment programs, about three years of methadone treatment, substance-abuse treatment while in jail, and Terros' substance-abuse treatment during the children's dependency. The psychologist found a history of substance-use disorder and recommended Father continue recovery maintenance and participate in individual counseling. DCS gradually resumed Father's visitation and referred Father to Sage Counseling for individual counseling, domestic violence education, and anger management classes, but Sage Counseling unsuccessfully discharged Father after he failed to complete anger management classes and individual counseling.
¶5 Between June and September 2021, Father repeatedly tested positive for fentanyl and returned to standard outpatient substance-abuse treatment at DCS' request. Father participated in treatment but again tested positive for fentanyl in December 2021.
¶6 The court changed the case plan to termination and adoption in January 2022, and DCS moved to terminate Father's parental rights on the substance abuse and the fifteen-months' out-of-home placement grounds. The court held a contested hearing and terminated Father's parental rights on both grounds finding it was in the children's best interests.
Casey G. v. Dep't of Child Safety, A.D. (Ariz. App. 2022)
Outcome: Affirmed.
Plaintiff's Experts:
Defendant's Experts:
Comments:
Defendant's Attorney: Arizona Attorney General's Office, Tucson By Jennifer R. Blum Counsel for Appellee Department of Child Safety
Description: Phoenix, Arizona family law lawyer represented Defendant appealing an order terminating his parental rights as to the children, A.D. and C.G.
¶2 In September 2020, the Department of Child Safety ("DCS") filed a dependency petition as to A.D. and C.G. due to Father's alleged substance abuse and domestic violence. DCS alleged Father had a current and long history of abusing substances and engaged in domestic violence with the children's mother while they were present. DCS removed the children from the parents' care and placed them with their maternal grandmother. The court found both children dependent as to Father and adopted a family reunification case plan.
¶3 DCS referred Father for substance-abuse treatment and testing, a psychological evaluation, individual counseling with a domestic violence component, and parent aide services including supervised visitation. Father graduated from standard outpatient substance-abuse treatment to recovery maintenance in December 2020, but between November 2020 and March 2021, Father did not comply with required
2
substance-abuse testing. During this time, Father also became "erratic" and "aggressive" toward the children's mother, the parenting aide, and the children. After Father failed to appear at the evidentiary hearing regarding his parenting time, the court suspended Father's visits with the children, and Father refused to continue participating in parent aide services.
¶4 During his psychological evaluation, Father reported completing "numerous" substance-abuse treatment programs, about three years of methadone treatment, substance-abuse treatment while in jail, and Terros' substance-abuse treatment during the children's dependency. The psychologist found a history of substance-use disorder and recommended Father continue recovery maintenance and participate in individual counseling. DCS gradually resumed Father's visitation and referred Father to Sage Counseling for individual counseling, domestic violence education, and anger management classes, but Sage Counseling unsuccessfully discharged Father after he failed to complete anger management classes and individual counseling.
¶5 Between June and September 2021, Father repeatedly tested positive for fentanyl and returned to standard outpatient substance-abuse treatment at DCS' request. Father participated in treatment but again tested positive for fentanyl in December 2021.
¶6 The court changed the case plan to termination and adoption in January 2022, and DCS moved to terminate Father's parental rights on the substance abuse and the fifteen-months' out-of-home placement grounds. The court held a contested hearing and terminated Father's parental rights on both grounds finding it was in the children's best interests.
Casey G. v. Dep't of Child Safety, A.D. (Ariz. App. 2022)
Outcome: Affirmed.
Plaintiff's Experts:
Defendant's Experts:
Comments: