Joshua J. v. Arizona Department of Economic Security

286 P.3d 166, 230 Ariz. 417, 643 Ariz. Adv. Rep. 9, 2012 WL 4086429, 2012 Ariz. App. LEXIS 149
CourtCourt of Appeals of Arizona
DecidedSeptember 18, 2012
DocketNos. 1 CA-JV 11-0227, 1 CA-JV 11-0228
StatusPublished
Cited by13 cases

This text of 286 P.3d 166 (Joshua J. v. Arizona Department of Economic Security) 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
Joshua J. v. Arizona Department of Economic Security, 286 P.3d 166, 230 Ariz. 417, 643 Ariz. Adv. Rep. 9, 2012 WL 4086429, 2012 Ariz. App. LEXIS 149 (Ark. Ct. App. 2012).

Opinion

OPINION

GEMMILL, Judge.

¶ 1 Joshua J. (“Father”) appeals the juvenile court’s findings of dependency as to his son, J.J., and his daughter, J.L.J. We hold that the juvenile court erred by not completing the hearing within the time limit prescribed by Arizona Revised Statutes (“A.R.S.”) section 8-842(C) (Supp.2011).1 We also decide, however, that Father was not prejudiced by the delay and that the evidence supported the court’s findings of dependency. We therefore affirm the dependency determinations.

BACKGROUND

¶ 2 In A.R.S. § 8-842(C), our Legislature established time limits within which dependency adjudication hearings shall be completed:

The court may continue the initial dependency hearing for good cause, but, unless the court has ordered in-home intervention, the dependency adjudication hearing shall be completed within ninety days after service of the dependency petition. The time limit for completing the dependency adjudication hearing may be extended for up to thirty days if the court finds good cause or in extraordinary cases as prescribed by the supreme court by rule.

(Emphasis added.) Additionally, Arizona Rule of Procedure for the Juvenile Court (“Rule”) 55(B) provides:

The dependency adjudication hearing shall be completed within ninety (90) days of service of the dependency petition on the parent, guardian or Indian custodian. The court may continue a dependency adjudication hearing beyond the time prescribed by law only upon a finding of extraordinary circumstances. Extraordinary circumstances include but are not limited to acts or omissions that are unforeseen or unavoidable. Any party requesting a continuance shall file a motion for extension of time, setting forth the reasons why extraordinary circumstances exist. The motion shall be filed within five (5) days of the discovery that extraordinary circumstances exist. The court’s finding of extraordinary circumstances shall be in writing and shall set forth the factual basis for the continuance.

(Emphasis added.)

¶ 3 In April 2011, Child Protective Services (“CPS”) took J.J. and J.L.J. into temporary custody following a report of parental neglect and illegal drug use. The Arizona Department of Economic Security (“ADES”) filed dependency petitions, alleging that the children were dependent as to Father due to [420]*420neglect and abuse.2 The juvenile court held a preliminary protective hearing on April 28, 2011, and Father accepted service of the petitions at that time. In accordance with § 8-842(C) and Rule 55(B), the 90-day period for completion of the dependency adjudication hearing began to run from April 28, 2011, when Father was served with the dependency petitions. The last day of the 90-day period was July 27, 2011.

¶ 4 A pretrial conference was held on June 20, 2011, and the trial court initially set the contested hearing for August 19. Father protested to the court that he believed the August trial setting was outside of statutory limits and he requested an earlier trial date. The court then set the contested dependency hearing to begin on July 28 and to be continued on August 19.

¶ 5 The minute entries from both juvenile court proceedings (Cause Nos. JD20252 and JD20253) dated June 20, 2011 (filed June 23) indicate on the first page that the “Last Day” is “07/27/2011.” This was a correct calculation, as noted above. Unlike the “last day” used in criminal prosecutions for speedy trial purposes, however, these “last days” under § 8-842(C) and Rule 55(B) are deadlines by which the dependency adjudication hearings must be “completed,” not merely dates by which a hearing or trial must begin. We have not been provided a transcript of the pretrial conference on June 20, 2011, and we are unable to determine why the juvenile court set this consolidated dependency adjudication hearing to begin on July 28 instead of a date that would have allowed completion by July 27.

¶ 6 The contested dependency hearing was conducted as scheduled on July 28 and August 19. On the first day of the hearing, counsel for Father registered an objection based on the failure to have this hearing completed within the 90 days:

[Father] also wanted me to bring up the issue of having this hearing completed within the 90 days from the date of service. We will agree that the date of service would have been the preliminary protective conference, at which time we accepted service and waived defects of the petition itself. Today’s matter is only going to last 30 minutes. It’s not at all enough time to deal with all of the matters that are at hand for Your Honor to consider. The remainder of the case is going to be heard sometime in August, I believe around August 17th. It is set for another date that has far more time available at that time. [Father] believes that a reading of the statutes regarding his right to have an adjudication hearing requires that this Court have the hearing completed within 90 days. And having it pushed off to those dates in August would not afford him that protection that’s afforded to him.
There [were] no findings of extraordinary circumstances to allow the Court to go — or the parties to go outside that 90 day benchmark.

Counsel for ADES responded:

The law and the rules that counsel is referring to, I don’t believe are interpreted in that manner. There is no case law and there is nothing in the statute that says the dependency adjudication must be completed within 90 days. It says that the hearing must start within 90 days.

Counsel for Father responded:

The language of the statute [and] the Rule reads that the hearing has to be completed within 90 days. It doesn’t define what the hearing is. So, I think conceivably that today is a hearing and today’s hearing is going to be completed, but our position is that the entii’e adjudication hearing itself would be completed today.

[421]*421The juvenile court stated, “Your objection is noted and preserved for the record, sir.”

¶ 7 ADES did not at any time file a motion seeking the additional 30 days allowed under § 8-842(C) upon a showing of extraordinary circumstances. If the procedure permitted by § 8-842(C) and Rule 55(B) to seek a 30-day extension of the deadline had been followed and if the court had made the requisite finding to support the extension, the new deadline for completion of the dependency adjudication hearing would have been August 26, 2011.

¶ 8 After the evidentiary hearing held on July 28 and August 19, the juvenile court took the matter under advisement. The court signed its ruling of dependency on October 13, and the ruling was entered on October 14, 2011.

¶ 9 Father timely appeals, and we have jurisdiction pursuant to A.R.S. § 8-235 (2007) and Rule 103(A) of the Arizona Rules of Procedure for the Juvenile Court.

ANALYSIS

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Cite This Page — Counsel Stack

Bluebook (online)
286 P.3d 166, 230 Ariz. 417, 643 Ariz. Adv. Rep. 9, 2012 WL 4086429, 2012 Ariz. App. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joshua-j-v-arizona-department-of-economic-security-arizctapp-2012.