Background
A.M. was born substance-exposed in November 2024 while Mother was incarcerated on felony charges. The Department of Child Safety took temporary custody after A.M.’s hospital discharge and placed her with Mother’s cousin, where the child remained throughout the case.
Mother was sentenced in March 2025 and had an expected release date of January 2028. She did not contest the dependency allegations and later entered a no-contest plea to DCS’s termination motion, which alleged chronic substance abuse and length of incarceration. The juvenile court terminated her rights on both grounds.
The Court’s Holding
The Court of Appeals affirmed. The evidence supported termination under Arizona’s chronic-substance-abuse ground: Mother had a history of substance abuse, drug-related arrests, continued substance use while incarcerated, and no evidence that she completed available treatment. Hospital testing at A.M.’s birth was positive for fentanyl, methadone, and amphetamines.
The court rejected Mother’s argument that the juvenile court had to make findings about permanent guardianship under the substance-abuse ground. The guardianship analysis in Timothy B. concerned the separate length-of-incarceration ground and did not apply here. Because the substance-abuse ground independently supported termination, the court did not address the incarceration ground. The child’s kinship placement met her needs, intended to adopt, and offered stability and permanency; those facts supported the best-interests finding.
Key Takeaways
- A supported chronic-substance-abuse ground alone can sustain termination.
- The guardianship analysis applicable to length-of-incarceration cases does not extend to the chronic-substance-abuse ground.
- An adoptive kinship placement that meets the child’s needs can support a best-interests finding.
Why It Matters
The decision limits Timothy B.’s permanent-guardianship analysis to its length-of-incarceration context. It also confirms that, after a parent enters a no-contest plea, appellate review focuses on whether a factual basis and adequate findings support termination.