Timothy B. v. Department of Child Safety
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The Supreme Court reversed the judgment of the trial court in this parental rights termination case, holding that the juvenile court applied the incorrect definition of "normal home" in Ariz. Rev. Stat. 8-533(B) in terminating the parental interest of Father to his child.
The juvenile court found H.B. and her half-siblings dependent as to Mother and their respective fathers. As to Father, the court found that DCS had proved termination pursuant to the length-of-sentence ground listed 8-533(B)(4) and that termination was in H.B.'s best interests. Specifically, the court concluded that Father's incarceration had and would continue to deprive H.B. of a normal home for a period of years, thus demonstrating the legnth-of-sentence ground for termination. The Supreme Court reversed, holding (1) the juvenile court erred by not considering whether a permanent guardianship could provide H.B. with a "normal home" while Father maintained his parental rights; and (2) remand was necessary for consideration of Father's past and ongoing efforts to parent H.B. from prison and their impact on H.B.'s interest in a stable home life in the court's best interests analysis.
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