Anthony T. v. Department of Child Safety, 060220 AZAPP1, 1 CA-JV 19-0369

Docket Nº:1 CA-JV 19-0369
Opinion Judge:THUMMA, JUDGE.
Party Name:ANTHONY T., Appellant, v. DEPARTMENT OF CHILD SAFETY, B.T., Appellees.
Attorney:E.M. Hale Law, Lakeside By Elizabeth M. Hale Counsel for Appellant Arizona Attorney General's Office, Phoenix By Lauren J. Lowe Counsel for Appellee Department of Child Safety
Judge Panel:Presiding Judge Samuel A. Thumma delivered the decision of the Court, in which Judge Randall M. Howe and Chief Judge Peter B. Swann joined.
Case Date:June 02, 2020
Court:Court of Appeals of Arizona
 
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ANTHONY T., Appellant,

v.

DEPARTMENT OF CHILD SAFETY, B.T., Appellees.

No. 1 CA-JV 19-0369

Court of Appeals of Arizona, First Division

June 2, 2020

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Mohave County No. S8015JD201900056 The Honorable Megan McCoy, Judge Pro Tempore

E.M. Hale Law, Lakeside By Elizabeth M. Hale Counsel for Appellant

Arizona Attorney General's Office, Phoenix By Lauren J. Lowe Counsel for Appellee Department of Child Safety

Presiding Judge Samuel A. Thumma delivered the decision of the Court, in which Judge Randall M. Howe and Chief Judge Peter B. Swann joined.

MEMORANDUM DECISION

THUMMA, JUDGE.

¶1 Anthony T. (Father) appeals from an order finding his child, B.T, dependent. Because Father has shown no error, the order is affirmed.

FACTS AND PROCEDURAL HISTORY

¶2 Father, B.T. (born in late 2017) and the B.T.'s Mother all have had prior involvement with child protective services, both in Arizona and California. The couple have three children together, including B.T., and Mother has an older daughter, who lives with two of her siblings in California under a guardianship. Over time, there have been several investigations of reported abuse and substance-abuse involving parents and their children.

¶3 B.T. was born in Arizona substance-exposed to methamphetamine, and both parents tested positive for the drug shortly after his birth. Although a safety plan was implemented in Arizona, the three moved to California. California then filed a dependency action, B.T. was found dependent, parents successfully completed substance-abuse and other services and the case was dismissed in September 2018.

¶4 In February 2019, California received a report alleging that Father had sexually assaulted Mother's oldest daughter. Given financial reasons and apparent strife with extended family, parents and B.T. moved back to Arizona before California investigated the allegation.

¶5 In June 2019, the Arizona Department of Child Safety (DCS) received a hotline call about the sexual assault allegation as well as an allegation that Father was abusing alcohol. DCS found the parents at a family member's house in Mohave County. When contacted, both parents expressed frustration that DCS was again involved and refused to allow DCS inside the house, but did allow the DCS investigator to see B.T., who looked "healthy...

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