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SANDRA R. v. DEPT. OF CHILD SAFETY

No. CV-19-0057-PR.

459 P.3d 486 (2020)

SANDRA R., Sergio C., Appellants, v. DEPARTMENT OF CHILD SAFETY, M.R., F.M., J.M., Appellees.

Supreme Court of Arizona.

March 11, 2020.

Attorney(s) appearing for the Case

John L. Popilek , John L. Popilek P.C., Scottsdale, Attorney for Sandra R.

H. Clark Jones (argued), Law Office of H. Clark Jones LLC, Mesa, Attorney for Sergio C.

Mark Brnovich , Arizona Attorney General, Brunn (Beau) W. Roysden III , Division Chief Counsel, Appeals and Constitutional Litigation Division, Drew C. Ensign , Section Chief, Civil Appeals, Phoenix, Autumn L. Spritzer , Dawn Rachelle Williams (argued), Assistant Attorneys General, Tucson, Attorneys for Department of Child Safety.

Kristina Reeves , April Maxwell , Gillespie Shields Goldfarb & Taylor, Phoenix, Attorneys for Amici Curiae Gillespie Shields Goldfarb & Taylor.

JUSTICE LOPEZ authored the opinion of the Court, in which VICE CHIEF JUSTICE TIMMER, and JUSTICES GOULD and MONTGOMERY joined. JUSTICE BOLICK concurred in the result.

¶1 We consider the inquiry a juvenile court must make when terminating parental rights under A.R.S. § 8-533(B)(2)—a parent's neglect or willful abuse of a child—as to the parent's children who were not neglected or abused. We conclude that when a juvenile court finds a parent unfit for...

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