Nathan T. v. Department of Child Safety, J.T., 111419 AZAPP1, 1 CA-JV 19-0170

Docket Nº:1 CA-JV 19-0170
Opinion Judge:McMURDIE, JUDGE
Party Name:NATHAN T., Appellant, v. DEPARTMENT OF CHILD SAFETY, J.T., Appellees.
Attorney:John L. Popilek, P.C., Scottsdale By John L. Popilek Counsel for Appellant Arizona Attorney General's Office, Mesa By Amanda Adams Counsel for Appellee, Department of Child Safety
Judge Panel:Judge Paul J. McMurdie delivered the decision of the Court, in which Presiding Judge Samuel A. Thumma and Judge Jennifer M. Perkins joined.
Case Date:November 14, 2019
Court:Court of Appeals of Arizona
 
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NATHAN T., Appellant,

v.

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

No. 1 CA-JV 19-0170

Court of Appeals of Arizona, First Division

November 14, 2019

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Juvenile Court in Maricopa County No. JS519103 The Honorable Jeffrey A. Rueter, Judge

John L. Popilek, P.C., Scottsdale By John L. Popilek Counsel for Appellant

Arizona Attorney General's Office, Mesa By Amanda Adams Counsel for Appellee, Department of Child Safety

Judge Paul J. McMurdie delivered the decision of the Court, in which Presiding Judge Samuel A. Thumma and Judge Jennifer M. Perkins joined.

MEMORANDUM DECISION

McMURDIE, JUDGE

¶1 Nathan T. ("Father") appeals the juvenile court's order terminating his parental relationship with his child, Juliet. For the following reasons, we affirm.

FACTS AND PROCEDURAL BACKGROUND

¶2 Father and Surisaday H. ("Mother") are the parents of Juliet, born in 2012. Mother also has an older child, Fernando.1 Mother has an extensive history of alcoholism and aggressive and violent behavior when intoxicated. Mother and Father had an eight-year relationship, and their history is replete with alcohol abuse, domestic violence, and neglect, resulting in three dependencies.

First Dependency

¶3 Between February and December 2013, the Department of Child Safety ("DCS") received three reports alleging that the parents were abusing alcohol, engaging in domestic violence, and neglecting the children's basic needs. In February 2014, police went to the parents' home because Father appeared intoxicated when he drove Fernando home from school. There, police found blood on the floor, and Mother was in the bathroom, her nose and mouth covered in blood. Mother, however, denied domestic violence had occurred. Mother and Father admitted drinking vodka, and Father was arrested for aggravated driving under the influence. He was eventually placed on three years' probation. After this incident, DCS provided the family with in-home preservation services, but Mother failed to submit to urinalysis testing.

¶4 In March 2014, DCS took custody of the children, filed a dependency petition, and placed them with relatives. The juvenile court found the children dependent and set a case plan of family reunification. The parents participated in services, including substance-abuse testing and treatment, and the court dismissed the dependency in May 2015.

Second Dependency

¶5 In November 2015, DCS again took custody of the children because Fernando disclosed that Mother physically abuses him after consuming alcohol. When police arrived at the home, they found Mother intoxicated and unconscious; Father had left her alone with three-year-old Juliet. Although Juliet did not have any injuries, there were indications of abuse and neglect by Mother. Father and Mother admitted to DCS that Mother had relapsed with alcohol and was drinking every day. At that time, Father stated he wanted Mother "out of his home." DCS placed the children with relatives and filed a renewed dependency petition, alleging that Father was unable to provide the children with appropriate parental care, supervision, and protection.

¶6 In April 2016, the juvenile court found the children dependent and set a case plan of family reunification. Father...

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