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MARIANNE N. v. DEPT. OF CHILD SAFETY

No. CV-16-0259-PR.

401 P.3d 1002 (2017)

MARIANNE N., Appellant, v. DEPARTMENT OF CHILD SAFETY, O.N., I.T., A.G., Appellees.

Supreme Court of Arizona.

Filed September 25, 2017.

Attorney(s) appearing for the Case

Chad Joshua Winger (argued), Harris & Winger, P.C., Flagstaff; Attorneys for Marianne N.

Mark Brnovich , Arizona Attorney General, Dominic E. Draye , Solicitor General, Nicholas Chapman-Hushek (argued), JoAnn Falgout , Assistant Attorney Generals, Phoenix, Attorneys for Department of Child Safety.

JUSTICE TIMMER authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE PELANDER, and JUSTICE BRUTINEL joined. JUDGE PETER J. ECKERSTROM, joined by JUSTICES BOLICK and GOULD, dissented.

¶ 1 When termination of parental rights proceedings are initiated by motion in a pending dependency action, A.R.S. § 8-863(C) authorizes the juvenile court to find that a parent waived legal rights and admitted the motion's allegations if the parent "does not appear at the hearing." The court may then...

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