In Re the Appeal in Maricopa County, Juvenile Action No. JD-6236

874 P.2d 1006, 178 Ariz. 449, 164 Ariz. Adv. Rep. 65, 1994 Ariz. App. LEXIS 97
CourtCourt of Appeals of Arizona
DecidedMay 10, 1994
Docket1 CA-JV 93-0033
StatusPublished
Cited by21 cases

This text of 874 P.2d 1006 (In Re the Appeal in Maricopa County, Juvenile Action No. JD-6236) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Appeal in Maricopa County, Juvenile Action No. JD-6236, 874 P.2d 1006, 178 Ariz. 449, 164 Ariz. Adv. Rep. 65, 1994 Ariz. App. LEXIS 97 (Ark. Ct. App. 1994).

Opinion

OPINION

FIDEL, Judge.

The juvenile court, responding to a recommendation by the Department of Economic Security (“DES”), authorized DES to change a dependent child’s placement. In so doing, the juvenile court treated the agency’s recommendation as a matter to be reviewed for abuse of discretion and expressly deferred to the placement discretion of DES. We conclude on appeal that the juvenile court erred by reviewing DES’s recommendation for abuse of discretion when it should instead have exercised the court’s independent discretion to determine whether the change would best serve the interests of the child.

I

Appellant is the natural father of the four-year-old dependent child. Appellees are the natural mother, DES, and the child through court-appointed counsel. The father and mother reside separately.

In August of 1991, after removing the child from the mother’s custody and placing her with her paternal grandmother, DES petitioned the juvenile court to déclare the child dependent. On February 12, 1992, after a contested hearing, the juvenile court judge declared the child dependent, made her a ward of the court, committed her to the “care, custody and control” of DES, approved the child’s placement with her paternal grandmother, and ordered the Foster Care Review Board to periodically review DES’s permanent placement efforts. Pursuant to Ariz.Rev.Stat.Ann. (“A.R.S.”) § 8-515(C), the court set the matter for a “Report and Review hearing” before a juvenile court commissioner.

On January 15, 1993, at the Report and Review hearing, in response to a recommendation by DES, the commissioner ordered the child transferred from her paternal grandmother to her maternal grandparents within thirty days. The commissioner found a change in placement warranted by concern that the paternal grandmother might be permitting unauthorized and inappropriate contact between the father and the child and because the paternal grandmother’s work schedule required her to regularly put the child in extended day care.

The father responded to the commissioner’s order by moving that the transfer of placement be stayed, treated as a contested matter, and set for hearing before a juvenile judge. See A.R.S. § 8-515(D)(3) (Supp.1993) (A parent has the right to notice and participation in hearings concerning placement of a dependent child.). At the ensuing hearing, *451 the court decided, upon DES’s recommendation, to defer the transfer decision to permit the formulation of a transition plan. Thereafter, at the conclusion of a second contested hearing on May 7, 1993, the court made the following minute entry:

Were the Court the person the law charges with making the decision in the first instance, the Court might not be inclined to order transfer at the present time. The Court’s view of its legal position in this matter is that it reviews the appropriateness of the actions of the Department of Economic Security.
THE COURT DOES NOT FIND the Department has abused its discretion in recommending transfer at this time. Therefore,
IT IS ORDERED authorizing transfer of the child [to her maternal grandparents] when the Department feels it is appropriate.

The child was placed in the custody of her maternal grandparents on June 2,1993. The father asks this court to reverse the transfer of placement.

II

Juvenile court orders arising from periodic review of dependency placement arrangements are appealable. Juvenile Action JD-500116, 160 Ariz. 538, 542, 774 P.2d 842, 846 (App.1989) (citing Juvenile Action J-8545, 140 Ariz. 10, 14, 680 P.2d 146, 150 (1984)). When a change in a dependent child’s placement is ordered, a parent has standing to appeal. See id. We thus have jurisdiction over this appeal.

Our court is generally deferential when the juvenile court exercises its substantial discretion to make placement decisions in the best interest of dependent juveniles. Juvenile Action .TV-110720, 156 Ariz. 430, 431, 752 P.2d 519, 520 (App.1988). We review such orders for abuse of discretion. Id. In this ease, however, we do not review a discretionary decision of the juvenile court. Rather, we review the court’s legal decision to adopt a deferential standard of review for DES’s transfer recommendation. The precise question before us is whether, once the juvenile court has made a dependent juvenile its ward and placed the juvenile in the custody of DES, the juvenile court reviews DES’s placement recommendations for abuse of discretion or is instead obliged to independently decide whether the recommended placement serves the best interests of the child. In deciding this purely legal issue, we owe no deference to the conclusions of the juvenile court.

Ill

The juvenile court has jurisdiction over all matters affecting dependent children. Ariz. Const, art. 6, § 15; A.R.S. § 8-202. A child determined to be dependent is a ward of the juvenile court and remains within its jurisdiction until age eighteen unless such jurisdiction is sooner terminated by law. A.R.S. § 8-246 (Supp.1993). Among the several ways the juvenile court may provide for a dependent child is to assign legal custody to an appropriate public agency. A.R.S. §§ 8-201(5) and 8-241(A)(l) (Supp.1993). Such an agency is DES. Juvenile Action J-78632, 147 Ariz. 584, 586, 712 P.2d 431, 433 (1986). DES in turn is generally empowered to “act for the benefit of a dependent child” assigned to its custody. Id. at 587, 712 P.2d at 434. A child assigned to DES’s custody, however, remains a ward of the juvenile court, 1 which maintains ongoing responsibility to review DES’s placement, case planning, and services, see, e.g., A.R.S. §§ 8-511, 8-515, 8-515.01, 8-515.03, and 8-522 (Supp. 1993).

Several statutes concern out-of-home placement of dependent children assigned to the custody of DES. See generally A.R.S. § 8-501 to 8-568. Pursuant to sections 8-514 and 8-514.02, respectively, DES may place such children in foster homes or with a relative. A.R.S.

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Bluebook (online)
874 P.2d 1006, 178 Ariz. 449, 164 Ariz. Adv. Rep. 65, 1994 Ariz. App. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-appeal-in-maricopa-county-juvenile-action-no-jd-6236-arizctapp-1994.