Background
B.F., born in October 2022 and affiliated with the Cherokee Nation, was removed from Mother’s care in September 2023 after Mother tested positive for methamphetamine, cocaine, and marijuana. The child was placed with maternal uncles, who have cared for her continuously and seek to adopt her. The matter was subject to the Indian Child Welfare Act.
During the dependency, Mother frequently missed required drug tests and, when tested, repeatedly tested positive for substances including THC, alcohol, cocaine, and methamphetamine. She completed an intensive outpatient program in December 2025, but missed some sessions, continued testing positive for THC during the program, and did not resume required DCS testing afterward. Following a February 2026 severance trial, the superior court terminated her rights for prolonged substance abuse and 15 months’ out-of-home placement.
The Court’s Holding
The Arizona Court of Appeals affirmed. It held that reasonable evidence supported termination under A.R.S. § 8-533(B)(8)(c), the 15-month out-of-home-placement ground. B.F. had been in out-of-home care for more than 15 months, and Mother had not remedied the substance-abuse circumstances causing the placement or shown she could provide proper and effective parental care in the near future.
The court therefore did not address the separate prolonged-substance-abuse ground. It also upheld the best-interests finding: B.F.’s uncles could meet her needs, provided a loving and nurturing home, and intended to adopt her. Although the court considered Mother’s bond with B.F., that bond was not dispositive.
Key Takeaways
- Proof of one statutory termination ground, coupled with a best-interests finding, is sufficient to affirm termination.
- Repeated missed drug tests, positive tests, and failure to resume testing after treatment supported the finding that Mother had not remedied the circumstances of removal.
- A stable, adoptive kinship placement can support a best-interests finding even where the parent and child share a bond.
Why It Matters
The decision underscores the deferential appellate review applied to termination orders and the importance of sustained, documented sobriety rather than short-term treatment participation. It also confirms that a juvenile court need not enumerate every piece of evidence when assessing the totality of circumstances for best interests.