Andri K. v. Russell J.

• Decision Date: 27 September 2022
• Docket Number: 1 CA-JV 22-0094
• Parties: ANDRI K., Appellant, v. RUSSELL J., A.J., P.J., Appellees.
• Court: Arizona Court of Appeals

ANDRI K., Appellant,
v.
RUSSELL J., A.J., P.J., Appellees.

No. 1 CA-JV 22-0094

Court of Appeals of Arizona, First Division

September 27, 2022

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Yavapai County No. P1300SV202100027 The Honorable Anna C. Young, Judge.

COUNSEL

Law Office of Florence M. Bruemmer, P.C., Anthem By Florence M. Bruemmer Counsel for Appellant.

Law Offices of Laura J. Taylor, P.L.L.C., Prescott By Laura J. Taylor Counsel for Appellees.

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Presiding Judge Maria Elena Cruz delivered the decision of the Court, in which Judge Angela K. Paton and Judge Peter B. Swann joined.

MEMORANDUM DECISION

CRUZ, Judge:

¶1 Andri K. ("Mother") appeals the superior court's order terminating her parental rights to her children, A.J. and P.J. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL HISTORY

¶2 A.J. was born in 2007 and P.J. was born in 2009. Mother and Russell J. ("Father") were married. Mother used methamphetamine but quit using drugs before the children were born. In 2010, Mother began drinking alcohol heavily and using drugs again. In 2015, Mother was arrested for driving under the influence and was incarcerated. Father divorced Mother and was given sole legal decision-making authority concerning the children, who lived with him. Mother had intermittent unsupervised visits with the children after she was released from prison. Nine-year-old A.J. was sexually assaulted by a thirteen-year-old boy while in Mother's care, and Mother gave A.J. pills and alcohol to get her high. Months would pass between visits when Mother's whereabouts were unknown.

¶3 Mother went back to prison for several years and was released in early 2020. She asked to have contact with the children, and Mother and Father participated in a family court mediation. As a result of the mediation, a parenting plan was put into place in July 2020. Under the parenting plan, Mother was required to demonstrate sobriety in order to have parenting time with the children by submitting to urinalysis testing for a period of six months. Mother failed to take any urinalysis tests. In February 2020, Mother gave the children some clothing, but did not thereafter provide them with any gifts or financial support.

¶4 In July 2021, Mother broke into Father's house. A.J. Came home from school and found Mother crawling on the floor in her underwear screaming that she needed help and ranting about demons and witchcraft. Mother had sores all over her body and appeared unwell and

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under the influence of substances. A.J., who was terrified, called Father, who arrived several minutes later and observed Mother with knives and acting paranoid. This was the last time Mother saw either of the children before the termination adjudication hearing.

¶5 Father filed a petition to terminate Mother's parental rights in August 2021, alleging abandonment under Arizona Revised Statutes ("A.R.S.") § 8-533(B)(1) and chronic abuse of dangerous drugs, controlled substances, or alcohol under A.R.S. § 8-533(B)(3). The court held a continued initial termination hearing in October 2021, and Mother appeared telephonically. At this hearing, the superior court set the dates for a pretrial conference and termination adjudication trial, and warned Mother that she needed to appear in person for those proceedings. Mother appeared at the pretrial conference, and the court continued the termination adjudication trial to allow a social study to be completed.

¶6 A.J. disclosed to the court appointed investigator that Mother had been abusive towards her when she was younger and Mother was under the influence of alcohol or drugs-Mother had locked A.J. in closets while using drugs with others and had slapped and hit A.J. and pulled her hair. A.J. described Mother as violent and "obsessed with the [S]atan stuff," which frightened A.J. More recently, Mother had been sending A.J. disturbing text messages which upset her. A.J. told the investigator she wanted Mother's parental rights terminated and wanted no further contact with Mother. Twelve-year-old P.J. told the investigator that he had seen Mother abusing A.J. and giving her drugs. P.J. feared Mother and also did not want visits or contact with her.

¶7 Mother failed to appear for trial, and her attorney informed the court that several hours before trial, Mother had emailed him asking for a continuance because she did not have a vehicle, did not have a phone, and was being evicted that day. Father and the children's attorney objected to a continuance. The superior court found that Mother had failed to show good cause for her failure to...