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Floyd B. v. Arizona Department of Economic Security

Court of Appeals of Arizona, First Division, Department A

August 20, 2013

FLOYD B., Appellant,
v.
ARIZONA DEPARTMENT OF ECONOMIC SECURITY, F.B., G.B., B.B., A.B., Appellees.

Not for Publication – 103(G) Ariz.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

Appeal from the Superior Court in Maricopa County Cause No. JD20468 The Honorable Aimee L. Anderson, Judge

Christina Phillis, Maricopa County Public Advocate Phoenix By Suzanne W. Sanchez, Deputy Public Advocate Attorney for Appellant

Thomas C. Horne, Arizona Attorney General Tucson By Erika Z. Alfred, Assistant Attorney General Attorney for Appellee

Law Office of Iris Garcia Maes Phoenix By Iris G. Maes Guardian Ad Litem for Children

MEMORANDUM DECISION

KENT E. CATTANI, Judge

¶1 Floyd B. appeals the juvenile court's order terminating his parental rights to F.B., G.B., B.B., and A.B.[1] For the reasons that follow, we affirm.

FACTS AND PROCEDURAL BACKGROUND[2]

¶2 Floyd is the biological father of F.B., G.B., B.B., and A.B. (born 2003, 2004, 2005, and 2009, respectively). When not incarcerated, Floyd lived with the children and their biological mother, Judy S. (Mother).[3] After the birth of his oldest child, Floyd was in prison for a total of three years (June 2003 to June 2004 and April 2006 to April 2008). Floyd is currently incarcerated and has been since September 2009; his scheduled early release date is in August 2018 and his regular release date is in March 2020.

¶3 In June 2011, the Child Abuse Hotline received a report alleging that Mother was neglecting the children. Upon investigation, the Arizona Department of Economic Security ("ADES") learned that both parents were incarcerated, and that unwilling and inappropriate individuals were caring for the children.

¶4 ADES removed the children from where they were staying and filed a dependency petition alleging that the children were dependent due to abuse or neglect by both parents. The juvenile court found the children to be dependent as to both parents, bringing the children under the supervision and control of ADES.

¶5 Floyd agreed with ADES that in-person visitation with the children was not feasible due to distance. Floyd requested telephonic contact with the children, but ADES refused this request due to logistical issues and based upon a consultation with the children's therapist. Therefore, none of the children had telephonic or in-person visits with Floyd during the dependency action.

¶6 According to ADES, Floyd sent one to four letters/cards per month[4] and one book with a DVD to the children during the dependency action. Floyd did not provide any child support during his incarceration.

¶7 ADES advised Floyd to utilize services available to him in prison. Floyd completed parenting classes, as well as programs for self help with anger management, cognitive ...


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