NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE JACQUELINE B., Appellant, v. DEPARTMENT OF CHILD SAFETY, G.B., Appellees. No. 1 CA-JV 21-0057 FILED 9-9-2021 Appeal from the Superior Court in Yuma County No. S1400JD20190538 The Honorable R. Erin Farrar, Judge The Honorable Kathryn Stocking-Tate, Judge Pro Tempore AFFIRMED COUNSEL Elizabeth M. Brown, Goodyear Counsel for Appellant Arizona Attorney General’s Office, Mesa By Amanda Adams Counsel for Appellee Department of Child Safety JACQUELINE B. v. DCS, G.B. Decision of the Court MEMORANDUM DECISION Judge Samuel A. Thumma delivered the decision of the Court, in which Presiding Judge Jennifer B. Campbell and Chief Judge Kent E. Cattani joined. T H U M M A, Judge: ¶1 In this termination of parental rights proceeding, which began with a dependency petition filed in late 2019, counsel for Jacqueline B. (Mother) seeks to challenge the court’s finding that the Department of Child Safety (DCS) properly served Mother by publication. Because counsel for Mother has shown no reversible error, the finding that Mother was properly served by publication is affirmed. As a result, the order terminating Mother’s parental rights to her biological child G.B. is final. FACTS AND PROCEDURAL HISTORY ¶2 DCS had contact with Mother beginning in November 2016, when in connection with the birth of another child, Mother admitted using methamphetamine while pregnant. In July 2017, after Mother failed to engage in services, her parental rights to that child were terminated. ¶3 At G.B.’s birth in October 2019, both Mother and G.B. tested positive for amphetamines. When interviewed by DCS, Mother had no explanation for the positive tests; “could not provide a home address;” “did not know where she would be residing after discharge;” had no baby supplies and had no suggestions for safety plan members. Although Mother provided the father’s name, she provided no contact information for him. When taking G.B. into care at the hospital, DCS gave Mother the names, phone numbers and an address for DCS representatives. ¶4 DCS filed a dependency petition and personally served Mother in December 2019 where she was living in Wellton in Yuma County. Mother, however, failed to appear at any dependency or termination hearings. Nor has she participated in any services offered by DCS following G.B.’s birth. At an early January 2020 hearing, Mother’s counsel advised the court that a letter she had sent to Mother was returned as undeliverable. At that same hearing, G.B. was found dependent as to Mother, after she failed 2 JACQUELINE B. v. DCS, G.B. Decision of the Court to appear without good cause. On motion of G.B.’s guardian ad litem, the court changed the case plan to severance and adoption. ¶5 DCS’ January 2020 motion for termination alleged abandonment and chronic substance abuse by Mother, including use of methamphetamine. The court originally found service of the motion was made through Mother’s attorney. …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals