Counsel is cautioned to make an independent determination of the status of this case. This decision is subject to further appellate review. Motions for reconsideration or petitions for review to the Arizona Supreme Court may be pending.
Appeal from the Superior Court in Pima County. No. JD20140107. The Honorable Geoffrey L. Ferlan, Judge Pro Tempore.
For Appellant: Mark F. Willimann, The Law Office of Mark F. Willimann, LLC, Tucson.
For Department of Child Safety, Appellee: Laura J. Huff, Assistant Attorney General, Mark Brnovich, Arizona Attorney General, Tucson.
Judge Espinosa authored the opinion of the Court, in which Presiding Judge Miller and Chief Judge Eckerstrom concurred.
[¶1] Louis C. appeals from the juvenile court's order adjudicating his twelve-year-old son, J.C., dependent as to him. For the following reasons, as well as those expressed
in a separate memorandum decision, we affirm the court's order.
[¶2] " On review of an adjudication of dependency, we view the evidence in the light most favorable to sustaining the juvenile court's findings." Willie G. v. Ariz. Dep't of Econ. Sec., 211 Ariz. 231, ¶ 21, 119 P.3d 1034, 1038 (App. 2005). Louis was awarded full custody of J.C. in 2008 or 2009, with provisions for J.C.'s regular contact with his mother, Marcia R., who now lives in Texas. Puerto Rico's child protective services had once been involved with the family after Louis had left " some type of mark" on J.C. while spanking him; Louis reported that he " completed services" related to those proceedings.
[¶3] On February 7, 2014, Louis learned that J.C. had failed to turn in eight school assignments and was failing a class. Louis telephoned J.C. and told him he " would be getting eight straps [with a belt] for missing eight assignments" and " would get eight straps every[ ]day until the assignments were turned in." When Louis got home, he got a belt and told J.C. to bend over and place his hands on his bed. J.C. bent over slightly but did not brace himself as instructed, and he fell down after the first blow from the belt. Louis continued to strike him while telling him to " get up." By the time the punishment was over, Louis had struck J.C. more ...