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BRENDA D. v. DEPT. OF CHILD SAFETY

No. CV-17-0136-PR.

410 P.3d 419 (2018)

BRENDA D., Appellant, v. DEPARTMENT OF CHILD SAFETY, Z.D., Appellees.

Supreme Court of Arizona.

Filed February 9, 2018.

Attorney(s) appearing for the Case

H. Clark Jones (argued), Law Office of H. Clark Jones, LLC, Mesa, Attorneys for Brenda D.

Mark Brnovich , Arizona Attorney General, Dominic E. Draye , Solicitor General, Paula S. Bickett , Chief Counsel, Civil Appeals Section, Amber E. Pershon (argued) and Toni M. Valadez , Assistant Attorneys General, Phoenix, Attorneys for Department of Child Safety

Thomas A. Vierling , Vierling Law Offices, Phoenix, Attorneys for Z.D.

VICE CHIEF JUSTICE PELANDER authored the opinion of the Court, in which CHIEF JUSTICE BALES, and JUSTICES BRUTINEL, GOULD, and LOPEZ joined. JUSTICE TIMMER, joined by JUSTICE BOLICK, filed an opinion dissenting in part and concurring in part.

¶ 1 After the Arizona Department of Child Safety ("DCS") initiates proceedings to terminate parental rights by motion under A.R.S. § 8-862(D), if a parent fails to appear at a termination adjudication hearing without good cause, Arizona law vests the juvenile court with discretion to find...

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