Appeal in Pima County, Juvenile Action No. J-35316, In re

• Decision Date: 26 August 1975
• Docket Number: J--35316,CA-CIV,No. 2,2
• Citation: 24 Ariz.App. 384,539 P.2d 188
• Parties: In the Matter of the APPEAL IN PIMA COUNTY, JUVENILE ACTION NO.1845.
• Court: Arizona Court of Appeals

Page 188

539 P.2d 188

24 Ariz.App. 384

In the Matter of the APPEAL IN PIMA COUNTY, JUVENILE ACTION NO. J--35316.

No. 2 CA-CIV 1845.

Court of Appeals of Arizona, Division 2.

Aug. 26, 1975.

Abruzzo & Wasley by Gregory G. Wasley, Tucson, for appellant.

Bruce E. Babbitt, Atty. Gen., by Charles E. Buri, Asst. Atty. Gen., Tucson, for Arizona State Dept. of Economic Security.

Stolkin, Weiss & Tandy by Ronald J. Stolkin, Tucson, for appellees.

Richard D. Burris, Tucson, for Minor Children.

OPINION

HOWARD, Chief Judge.

The natural mother of two minor children seeks review of a Juvenile Court order dated January 10, 1975, the substance of which retained jurisdiction of the minors as dependent children and continued certain custodial arrangements previously ordered by the court. ¹ We have sua sponte raised the question of whether the subject order is a 'final order' from which appeal will lie, as is our duty, and have concluded that it is not.

In 1970, the legislature enacted a comprehensive Juvenile Code which became effective August 11, 1970. Laws 1970, Ch. 223, Sec. 2. A.R.S. Sec. 8--236 provides that any aggrieved party may appeal to this court from a final order of the Juvenile Court. No provision is made, as in A.R.S. Sec. 12--2101 (as amended) for appeals from post-judgment orders. Since the Juvenile Code is a self-contained enactment, its provisions control rather than those of the general appeal statute. Ginn v. Superior Court, 1 Ariz.App. 455, 458, 404 P.2d 721 (1965).

Our review of the record discloses that the subject order actually is a special order after judgment for which there is no right of appeal. On December 20, 1972, a Juvenile Court petition was filed alleging the dependency of the minor children. On February 29, 1973, the Court declared them to be dependent children and ordered that the care, custody and control of the minors be placed with the State Department of Economic Security. The Court further ordered that physical placement of the minors be with their sister or such other placement as might be determined from time to time by the Welfare Office to be in the best interest of the minors. Also, that there be an annual review hearing or earlier review at the request of any party. This order was appealable. In re Maricopa County, 20 Ariz.App. 570, 514 P.2d 741 (1973). No appeal, however, was taken.

In March 1974, at the conclusion of a review hearing, the Juvenile Court again ordered the same disposition of the minor children with annual review or earlier if requested by a party. On July 5, 1974, the Court enlarged upon...