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Jonathan B. v. Arizona Department of Economic Security

Court of Appeals of Arizona, First Division, Department C

August 1, 2013

JONATHAN B., Appellant,
v.
ARIZONA DEPARTMENT OF ECONOMIC SECURITY, I.B., [1] Appellees.

Not for Publication -103(G) Ariz. R.P. Juv. Ct.; Rule 28 ARCAP

Appeal from the Superior Court in Maricopa County Cause No. JD19554 The Honorable A. Craig Blakey, II, Judge

Thomas C. Horne, Arizona Attorney General Phoenix Nicholas Chapman-Hushek, Assistant Attorney General Attorneys for Appellee Arizona Department of Economic Security

Law Office of David M. Osterfeld Buckeye David M. Oster

MEMORANDUM DECISION

PATRICIA A. OROZCO, Judge

¶1 Jonathan B. (Father) appeals the juvenile court's order terminating his parent-child relationship with I.B. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 Father is the biological father of I.B., born in September 2008. After I.B.'s mother passed away in June 2010, the Arizona Department of Economic Security (ADES) received a report that Father was abusing opiates, left I.B. alone in their apartment on a daily basis, and attempted to drive while under the influence and with I.B. in the car. Although Father had a prescription for opiates, he admitted that he was addicted to them. Father also tested positive for oxymorphone, a prescription medication that had not been prescribed to him.

¶3 ADES took temporary physical custody of I.B. in September 2010 and placed him with a relative.[2] ADES subsequently filed a dependency petition. In the petition, ADES alleged that Father was neglecting I.B. by abusing prescription drugs and by not seeking treatment for his mental illness caused by grief over the loss of I.B.'s mother. ADES alleged that I.B. was dependent as to Father as a result of these issues.

¶4 At a preliminary protective hearing held in September 2010, Father was granted unlimited, supervised visits with I.B. Father also agreed to participate in parent aide services, a psychological consultation, substance abuse assessment and treatment, and random urinalysis testing.

¶5 From September 2010 through April 2011, Father participated in the services offered by ADES. He attended a psychological consultation and evaluation and completed grief counseling. Although Father's therapist recommended that Father continue attending counseling, he failed to do so. Father also began attending substance abuse treatment in September 2010; however, he missed meetings and tested positive for benzodiazepines, methamphetamine, oxycodone, methadone, opiates, and THC during the next two months. Despite the missed meetings and the positive drug tests, Father completed intensive outpatient substance abuse treatment in November 2010.

¶6 Beginning in April 2011, Father stopped participating in random urinalysis testing; he told his case manager that he stopped testing because he was taking oxycodone.[3] Around this time, Father was also closed out of parent aide services because of non-compliance.

¶7 Although ADES was ordered to provide Father with supervised visits with I.B., Father failed to contact his case aide and did not participate in any visitation with I.B. from July 2011 until January 2012. Father also stopped participating in any of the other services offered by ADES during this period.

¶8 On December 5, 2011, ADES filed a motion to terminate Father's parental rights to I.B. on the grounds of abandonment pursuant to Arizona Revised Statutes (A.R.S.) section 8-533.B.1 (Supp. 2012), [4] substance abuse pursuant to A.R.S. ยง 8-533.B.3, and out-of-home placement of I.B. for a total ...


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