from the Superior Court in Navajo County No. S0900JD201400042
The Honorable Michala M. Ruechel, Judge
Law Firm, P.L.L.C., Show Low By David G. Moore Counsel for
Coronado Law Firm, PLLC, Lakeside By Eduardo H. Coronado, Kai
M. Henderson Counsel for Appellee M.E.
Arizona Attorney General's Office, Mesa By Amanda Adams
Counsel for Appellee Department of Child Safety
Judge Michael J. Brown delivered the opinion of the Court, in
which Judge Patricia A. Orozco  joined and Presiding Judge Samuel
A. Thumma specially concurred.
Crystal E. (Mother) appeals the superior court's order
terminating her parental rights to her son, M.E. (born in
2013), based on grounds of chronic substance abuse and
fifteen months' time-in-care. Because Mother challenges
only the substance abuse ground on appeal, she has abandoned
and waived any challenge to the court's finding of the
statutory time-in-care ground. We therefore affirm on that
basis, and we affirm the court's finding that severance
would be in M.E.'s best interests.
The Department of Child Safety (DCS) filed a dependency
petition alleging neglect by Mother, based primarily on her
substance abuse and mental illness. The superior court
granted the petition, finding M.E. dependent as to Mother and
ordering a case plan of family reunification. DCS provided
Mother with various reunification services but her
participation in the services was sporadic. She initially
refused services, but later decided to participate in
counseling and substance abuse treatment. Mother missed more
than eight months of drug testing and tested positive for
methamphetamine in December 2015, January 2016, and February
DCS filed a motion for termination of Mother's parental
rights based on chronic substance abuse and fifteen
months' time-in-care. See Arizona Revised
Statutes (A.R.S.) sections 8-533(B)(3) and (B)(8)(c).
Following the adjudication hearing, the court granted the
motion, finding DCS proved by clear and convincing evidence
both statutory grounds and established by a preponderance of
the evidence that severance was in M.E.'s best interests.
This timely appeal followed.
To support an order terminating parental rights, the superior
court must find at least one statutory ground by clear and
convincing evidence. Linda V. v. Ariz. Dep't of Econ.
Sec,211 Ariz. 76, 78, ¶ 6 (App. 2005).
Additionally, the court must find by a preponderance of the
evidence that the termination is in the best interests of the
child. Mario G. v. Ariz. Dep't of Econ. Sec, 227
Ariz. 282, 285, ¶ 11 (App. 2011). "[W]e will affirm