Audra v. Arizona Dep't of Econ. Sec., 982 P.2d 1290 (Ariz. Ct. App. 1998). · Go Syfert
Audra v. Arizona Dep't of Econ. Sec., 982 P.2d 1290 (Ariz. Ct. App. 1998). Cases Citing This Book View Copy Cite
289 citation events (289 in the last 25 years) across 2 distinct courts.
Strongest positive: In Re Term of Parental Rights as to C.F. (arizctapp, 2024-03-12)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) In Re Term of Parental Rights as to C.F.
Ariz. Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
one factor the court may properly consider in favor of termination is the immediate availability of an adoptive placement.
discussed Cited as authority (verbatim quote) In Re Term of Parental Rights as to M.W.
Ariz. Ct. App. · 2023 · quote attribution · 1 verbatim quote · confidence high
one factor the court may properly consider in favor of termination is the immediate availability of an adoptive placement.
discussed Cited as authority (rule) In Re Term of Parental Rights as to A.A.
Ariz. Ct. App. · 2025 · confidence medium
At the severance hearing, testimony regarding A.A. established she was adoptable and expressed a desire “to stay where she[ ] has a home.” See Audra T. v. Dep’t of Econ Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998) (adoption is a factor favoring severance); see also Alma S., 245 Ariz. at 151, ¶ 14 (when a child’s current placement satisfies her needs and adoption is legally feasible and probable, a juvenile court may determine that terminating parental rights to allow for adoption is in the child’s best interests).
discussed Cited as authority (rule) In Re Term of Parental Rights as to E.R. (2×) also: Cited "see"
Ariz. Ct. App. · 2024 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998). ¶23 The juvenile court found that Erica’s paternal aunt “is providing [her] with a loving and nurturing home environment” and that 6 IN RE TERM OF PARENTAL RIGHTS AS TO E.R.
cited Cited as authority (rule) In Re Term of Parental Rights as to H.V.
Ariz. Ct. App. · 2024 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998).
cited Cited as authority (rule) In Re Term of Parental Rights as to B.W.
Ariz. Ct. App. · 2024 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998), and, even in private termination cases, the child’s prospects for adoption, Demetrius L. v. Joshlynn F., 239 Ariz. 1 , 4–5, ¶¶ 16–17 (2016).
discussed Cited as authority (rule) In Re Term of Parental Rights as to B.B.
Ariz. Ct. App. · 2023 · confidence medium
Sec., 194 Ariz. 376, 378, ¶¶ 6-8 (App. 1998). ¶27 The juvenile court did not abuse its discretion by finding that terminating Father’s parental rights was in Child’s best interests, and its ruling was supported by the evidence.
discussed Cited as authority (rule) In Re Term of Parental Rights as to C.C. and N.N.
Ariz. Ct. App. · 2023 · confidence medium
Sec., 194 Ariz. 376, 378, ¶ 6 (App. 1998) (affirming termination based in part on evidence that foster family was “committed to adopting” both siblings, who were “very close”).
discussed Cited as authority (rule) In Re Term of Parental Rights as to C.C. and N.N.
Ariz. Ct. App. · 2023 · confidence medium
Sec., 194 Ariz. 376, 378, ¶ 6 (App. 1998) (affirming termination based in part on evidence that foster family was “committed to adopting” both siblings, who were “very close”).
cited Cited as authority (rule) In Re Term of Parental Rights as to N.M.
Ariz. Ct. App. · 2023 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998); Bennigno R. v. Ariz. Dep’t of Econ.
cited Cited as authority (rule) In Re Term of Parental Rights as to N.S.
Ariz. Ct. App. · 2023 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 2 (App. 1998).
discussed Cited as authority (rule) Lisa R. v. Dcs, A.H., W.R. (2×) also: Cited "see"
Ariz. Ct. App. · 2023 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998).
discussed Cited as authority (rule) Felicia S., Robert S. v. Dcs
Ariz. Ct. App. · 2022 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998) (noting a court “may properly consider in favor of severance” factors that include “the immediate availability of an adoptive placement” and “whether an existing placement is meeting the needs of the child”). ¶25 Further, the superior court found any bond between the children and mother did not outweigh mother’s untimely efforts to make needed behavioral changes so she could safely parent the children.
discussed Cited as authority (rule) Latoya P. v. Dcs, K.P.
Ariz. Ct. App. · 2022 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998)). ¶24 The superior court found, and the record reveals, the child’s Uncle had been considered as a potential placement earlier in the case, but was unwilling or unable to foster the child at the time.
cited Cited as authority (rule) Martha C. v. Dcs, T.F.
Ariz. Ct. App. · 2022 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998).
discussed Cited as authority (rule) Steven H., Tatum S. v. Dcs, M.H.
Ariz. Ct. App. · 2021 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998). ¶23 The juvenile court also found it would harm M.H. to be placed with Parents because Mother and/or Father engaged in child abuse resulting in S.H.’s death, yet both parents testified they do not consider the other to be a safety threat.
discussed Cited as authority (rule) Brandon K., Delia B. v. Dcs
Ariz. Ct. App. · 2021 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998) (explaining “[o]ne factor the court may properly consider in favor of [termination] is the immediate availability of an adoptive placement”).
discussed Cited as authority (rule) Bernardino v. Dcs, J.P.
Ariz. Ct. App. · 2021 · confidence medium
Sec., 194 Ariz. 376, 378, ¶ 6 (App. 1998). ¶20 Here, the juvenile court found J.P. would benefit from termination because he is thriving in Maternal Grandmother’s loving and nurturing care and she wants to adopt him, which will provide him with permanency and stability.3 The court also found J.P. is otherwise adoptable because he is healthy, well-behaved, and smart.
discussed Cited as authority (rule) Carl P. v. Dcs, C.P.
Ariz. Ct. App. · 2021 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998) (a court “may properly consider in favor of severance,” factors that include “the immediate availability of an adoptive placement” and “whether an existing placement is meeting the needs of the child”). ¶24 Because reasonable evidence supports the juvenile court’s finding that Grandmother is meeting C.P.’s needs, and that C.P. is prospectively adoptable by Grandmother, the court did not err in concluding that termination was in C.P.’s best interests. 6 CARL P. v. DCS, C.P.
discussed Cited as authority (rule) Javier v. v. Dcs, J.V.
Ariz. Ct. App. · 2021 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1988) (indicating two factors the court “may properly consider in favor of severance” are “the immediate availability of an adoptive placement” and “whether an existing placement is meeting the needs of the child”).
cited Cited as authority (rule) Mario B. v. Dcs
Ariz. Ct. App. · 2021 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998).
cited Cited as authority (rule) Victor K. v. Dcs
Ariz. Ct. App. · 2021 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998).
discussed Cited as authority (rule) Nelturiah S. v. Dcs
Ariz. Ct. App. · 2021 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1988) (indicating two factors the 5 NELTURIAH S. v. DCS, et al.
cited Cited as authority (rule) Timothy B., Michael M. v. Dcs
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 378, ¶ 6 (App. 1998). 8 TIMOTHY B., MICHAEL M. v. DCS, et al.
cited Cited as authority (rule) Emerald M. v. Dcs
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998).
discussed Cited as authority (rule) Aaron B. v. Ashley H.
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998) (a court “may properly consider in favor of severance” factors that include “the immediate availability of an adoptive placement” and “whether an existing placement is meeting the needs of the child”).
discussed Cited as authority (rule) Leticia P. v. Dcs
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998) (indicating two factors the court “may properly consider in favor of severance” are “the immediate availability of an adoptive placement” and “whether an existing placement is meeting the needs of the child”).
discussed Cited as authority (rule) Chelsea R. v. Dcs, H.R.
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 2 (App. 1998) (citing Maricopa Cty.
cited Cited as authority (rule) Eboney H. v. Dcs
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998).
cited Cited as authority (rule) Jacob S. v. Dcs, A.F.
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998) (internal citations omitted).
discussed Cited as authority (rule) Jennifer B., Jonathan B. v. Dcs
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998) (indicating two factors the court “may properly consider in favor of severance” are “the immediate availability of an adoptive placement” and “whether an existing placement is meeting the needs of the child”).
cited Cited as authority (rule) Fernando G. v. Dcs, L.G.
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998).
discussed Cited as authority (rule) Morgan B. v. Dcs
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 377-78, ¶¶ 5-6 (App. 1998) (recognizing maintaining sibling relationships as a factor supporting a best-interests finding).
cited Cited as authority (rule) Jose v. Dcs
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998) (internal citations omitted). ¶24 Here, evidence supports the court’s finding that termination would benefit the Children.
cited Cited as authority (rule) Rodney L., Deana L. v. Dcs, J.L.
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998) (internal citations omitted).
cited Cited as authority (rule) Rene T. v. Cynthia C.
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998) (internal citations omitted). ¶31 Here, reasonable evidence supports the court’s finding that termination would be in the Children’s best interests.
cited Cited as authority (rule) Jimmy F. v. Dcs
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 2 (App. 1998).
discussed Cited as authority (rule) Jessi N., Ryan J. v. Dcs (2×) also: Cited "see"
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 378, ¶ 6 (App. 1998).
cited Cited as authority (rule) Dawn S. v. Dcs
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998) (internal citations omitted).
discussed Cited as authority (rule) Shad C. v. Dcs, J.C.
Ariz. Ct. App. · 2020 · confidence medium
Sec., 194 Ariz. 376, 378, ¶ 6 (App. 1998)). ¶27 Here, in ruling on Child’s best interests, the juvenile court found termination of Father’s parental rights would “further the plan of adoption, which would [in turn] provide the child with permanency and stability” since Child’s “parents . . . failed to work on the substance abuse issues . . . [that, in part,] caused him to be removed from their custody.” Additionally, the court found Child was “residing in an adoptive placement that [wa]s meeting all of his needs” and that Child ultimately “deserve[d] permanency and stabil…
discussed Cited as authority (rule) Miriam F. v. Dcs
Ariz. Ct. App. · 2019 · confidence medium
Sec., 194 Ariz. 376, 377-78, ¶¶ 5-6 (App. 1998) (recognizing maintaining sibling relationships as a factor supporting a best-interests finding).
cited Cited as authority (rule) Michael M. v. Anita P., M.M.
Ariz. Ct. App. · 2019 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998); see also Maricopa Cty.
discussed Cited as authority (rule) Amber H. v. Dcs, E Al.
Ariz. Ct. App. · 2019 · confidence medium
Sec., 194 Ariz. 376, 378, ¶ 6 (App. 1998) (recognizing maintaining sibling relationships as a factor supporting a best- interests finding).
discussed Cited as authority (rule) Matthew J. v. Dcs
Ariz. Ct. App. · 2019 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998) (citing Pima Cty.
discussed Cited as authority (rule) Norman S. v. Dcs, N.S.
Ariz. Ct. App. · 2019 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998). ¶14 The juvenile court found that termination was in the child’s best interests because he had been in an out-of-home placement since his birth, his placement was meeting his needs and was willing to adopt him, and Father has been unable to provide him a violence-free home.
cited Cited as authority (rule) Megan E. v. Dcs, H.E.
Ariz. Ct. App. · 2019 · confidence medium
Sec., 194 Ariz. 376, 377 (App. 1998). ¶20 The record shows that Mother struggled to find stable housing and remained homeless for an extended period during the dependency.
cited Cited as authority (rule) Tasha M. v. Dcs
Ariz. Ct. App. · 2019 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998).
cited Cited as authority (rule) Amanda B. v. Dcs
Ariz. Ct. App. · 2019 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998).
cited Cited as authority (rule) Monique H. v. Dcs, Et El.
Ariz. Ct. App. · 2019 · confidence medium
Sec., 194 Ariz. 376, 377 (App. 1998). ¶23 The superior court found that all the children are in familial adoptive placements and want to be adopted by family.
discussed Cited as authority (rule) Robert O. v. Mary B., A.B. (2×)
Ariz. Ct. App. · 2019 · confidence medium
Sec., 194 Ariz. 376, 377, ¶ 5 (App. 1998). ¶17 Here, the superior court found that A.B. lived with her Grandparents since birth in 2008, they are providing a “loving and nurturing home,” and A.B. feels “comfortable and . . . safe” in their family.
Retrieving the full opinion text from the archive…
AUDRA and Martin T.
v.
ARIZONA DEPARTMENT OF ECONOMIC SECURITY and Dustin T.
No. 2 CA-JV 97-0068.
Court of Appeals of Arizona.
Apr 23, 1998.
982 P.2d 1290
Grant Woods, The Attorney General by Sara S. Wisdom, Tucson, Attorneys for Appellee Arizona Department of Economic Security., León Law Office, P.C. by Julia L. León, Tucson, Attorneys for Appellant Audra T., Karen M. Hayden, Tucson, Attorney for Appellant Martin T.
Brammer, Druke, Flórez.
Cited by 184 opinions  |  Published
DRUKE, Chief Judge.

¶ 1 The parents of Dustin T. appeal from the juvenile court’s order terminating their parental rights on the grounds that appellants’ convictions for felony child abuse proved them unfit to parent and that the 34-year prison sentences imposed upon both appellants would deprive the child of a normal home for that period of years. See A.R.S. § 8-533(B)(4). Appellants challenge the court’s finding that termination of their parental rights was in the best interests of the child.

¶ 2 We will not disturb the juvenile court’s order severing parental rights unless its factual findings are clearly erroneous, that is, unless there is no reasonable evidence to support them. Maricopa County Juvenile Action No. JS-4374, 137 Ariz. 19, 667 P.2d 1345 (App.1983); Maricopa County Juvenile Action No. JS-378, 21 Ariz.App. 202, 517 P.2d 1095 (1974). We find ample evidence to support the court’s findings and therefore affirm.

¶ 3 Dustin T. was born on December 19, 1995. Because of extensive and nearly fatal injuries appellants had inflicted on their infant daughter the year before and the concomitantly high risk of harm to Dustin, Child Protective Services (CPS) took custody of the child after his birth. He was placed in foster care and adjudicated dependent as to both parents in April 1996. Based both on the nature of appellants’ convictions and the length of their sentences, the juvenile court granted partial summary judgment as to the statutory grounds for termination under § 8-533(B)(4). The severance hearing proceeded on the sole issue of whether termination was in the best interests of the child.

¶4 On appeal, neither parent disputes that the child’s interests are well served by his current placement. Instead, without directly addressing the bests interests of the child, the father argues that the state has an affirmative duty to protect the child’s “legal right” to be raised within his biological family. The father contends that the paternal grandparents were available to take the child and that the Arizona Department of Economic Security (ADES) inadequately considered the grandparents and other relatives as potential placements for the child. The mother likewise argues that ADES “never looked into the ‘family1 placements which [she] suggested, ones which would allow her to maintain her parental rights.” Although on appeal she has not identified those suggested placements, she testified at the severance hearing that she favored placing Dustin with his paternal grandparents.

¶ 5 We find appellants’ arguments to be without merit. To establish that severance is in the best interests of the child, the state is not required to rule out possible placements with biological relatives before considering other placements. Nor does the juvenile court weigh alternative placement possibilities to determine which might be better. Maricopa County Juvenile Action No. JS-8490, 179 Ariz. 102, 876 P.2d 1137 (1994). One factor the court may properly consider in favor of severance is the immediate availability of an adoptive placement. Pima County Juvenile Action No. S-2460, 162 Ariz. 156, 781 P.2d 634 (App.1989). Another is whether an existing placement is meeting the needs of the child. Maricopa County Juvenile Action No. JS-8490.

[*378] ¶ 6 Here, the juvenile court found by clear and convincing evidence that severance was in the best interests of the child. Support for this finding included testimony that the child is currently placed with his full biological sister in an adoptive home where he is thriving and his needs are more than adequately met. His present foster family is committed to adopting both Dustin and his sister, who have grown very close. The CPS case worker testified that remaining with his sister in his current placement and being freed for adoption by this family were “very clearly” in the child’s best interests. Appellants presented no evidence contradicting this conclusion.

II7 The juvenile court expressly considered, and rejected, appellants’ arguments that the child’s best interests favored placement with his paternal grandparents. The court found that after the child was removed from appellants at birth, the grandparents had never established a relationship with the child. After his removal, the paternal grandmother visited him once; the paternal grandfather had no contact with the child at alP Further, the court found, the grandparents had not been available to take the child when he was initially removed by ADES nor had they actively sought to obtain custody in the dependency case. The court concluded that because the child “does not know his grandparents and, more importantly, ... is with his sister in a home that is committed to adopting him and is meeting all his needs,” termination of parental rights was clearly in the child’s best interests.

¶ 8 Because the juvenile court’s findings are fully supported by the evidence, we are unable to say the court abused its discretion. The order terminating both appellants’ parental rights is affirmed.

M. JAN FLÓREZ, Presiding Judge, and J. WILLIAM BRAMMER, Jr., Judge, concur.