Roberto F. v. Department of Child Safety

352 P.3d 909, 237 Ariz. 440, 716 Ariz. Adv. Rep. 12, 2015 Ariz. LEXIS 202
CourtArizona Supreme Court
DecidedJuly 9, 2015
DocketCV-14-0256-PR
StatusPublished
Cited by7 cases

This text of 352 P.3d 909 (Roberto F. v. Department of Child Safety) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberto F. v. Department of Child Safety, 352 P.3d 909, 237 Ariz. 440, 716 Ariz. Adv. Rep. 12, 2015 Ariz. LEXIS 202 (Ark. 2015).

Opinion

Justice TIMMER,

opinion of the Court.

¶ 1 We are asked to decide whether Arizona Rule of Procedure for Juvenile Court 103(F) divests the juvenile court of jurisdiction to enter an adoption order during the pendency of a biological parent’s appeal from an order terminating his or her parental rights. We hold that it does not.

BACKGROUND

¶ 2 Roberto F. (“Father”) is the biological father of L.F. and I.A. In November 2011, the juvenile court terminated his parental rights, and he appealed (the “termination case”). While the appeal was pending, and without providing notice to Father or alerting the court to his pending appeal, the Department of Child Safety (“DCS”) petitioned the juvenile court to order the children’s adoption by Jimmy S. and Tracie H. (the “adoption case”). The court granted the *441 petition in May 2012 and entered an order of adoption.

¶ 3 The court of appeals subsequently vacated the order entered in the termination case. Roberto F. v. Ariz. Dep’t of Econ. Sec. (“Roberto I”), 232 Ariz. 45, 47 ¶ 1, 301 P.3d 211, 213 (App.2013), as amended (June 20, 2013). Father then moved the juvenile court to set aside the adoption pursuant to Arizona Rule of Procedure for the Juvenile Court 85(A) in light of the reversal of the termination of his parental rights in Roberto I. The court denied the motion, and Father appealed.

¶ 4 Reasoning that Rule 103(F) divests the juvenile court of authority to enter an adoption order pending a biological parent’s appeal of a termination-of-rights order, the court of appeals vacated the adoption order as void. Roberto F. v. Dep’t of Child Safety (“Roberto II”), 235 Ariz. 388, 398 ¶ 36, 332 P.3d 614, 624 (App.2014). The specially concurring judge disagreed with the majority’s interpretation of Rule 103(F) but concluded that the juvenile court erred by refusing to set aside the adoption order pursuant to Rule 85(A). Id. at 398 ¶ 37, 399 ¶ 41, 332 P.3d at 624-25 (Norris, J., specially concurring).

¶ 5 In its petition for review, DCS does not challenge the court of appeals’ decision to vacate the adoption order, but argues that the court erroneously reasoned that Rule 103(F) divested the juvenile court of authority to enter the adoption order pending the appeal in the termination ease. Father and the adoptive parents agree that the court of appeals misinterpreted Rule 103(F). We granted review to clarify the juvenile court’s authority in adoption cases when a biological parent’s appeal of a termination-of-rights order is pending, a matter of statewide importance. We have jurisdiction pursuant to Article 6, Section 5 of the Arizona Constitution.

DISCUSSION

A.

¶ 6 We interpret court rules to effect the drafters’ intent. State v. Salazar-Mercado, 234 Ariz. 590, 592 ¶ 4, 325 P.3d 996, 998 (2014). If the rule is unambiguous, we apply it as written. Id. When the rule uses ambiguous language, we apply secondary principles of construction, such as examining the rule’s context, its relationship to related rules, its background, and the consequences of differing interpretations. Id.

B.

¶ 7 Rule 103(F) provides, in relevant part:

During the pendency of an appeal, the juvenile court may proceed within its legal authority on an issue remaining before it or newly presented to it to the extent (1) the appellate court has specifically authorized or directed the juvenile court to rule on the issue; (2) the juvenile court’s ruling on the issue would be in furtherance of the appeal; (3) applicable statutory law or judicial rule confers continuing jurisdiction on the juvenile court; (4) the juvenile court’s ruling on the issue would not legally or practically prevent the appellate court from granting the relief requested on appeal; or (5) the issue arises from a motion to dismiss the appeal filed by the appellant and presented to the juvenile court for ruling at a time before the clerk of the superior court forwards the record to the appellate court pursuant to Rule 105(D).

¶ 8 The court of appeals concluded that Rule 103(F) “does not limit its restrictive effect to only those issues filed in the appealed case.” Roberto II, 235 Ariz. at 392 ¶ 14, 332 P.3d at 618. The court determined that the rule’s broad references to “juvenile court” and “an issue” mean that Rule 103(F) “divests the entire juvenile division of the superior court from proceeding on issues presently before that division, or newly presented to it, while an appeal is pending,” unless one of the exceptions in the rule applies. Id. at 392-93 ¶¶ 15-16, 332 P.3d at 618-19. Reasoning that subsection (F)(4), the only potentially applicable exception, did not apply because an adoption order legally and practically prevented the Roberto I court from restoring Father’s parental rights, the majority held that Rule 103(F) precluded the juvenile court from entering the adoption *442 order. Id. at 393 ¶ 18, 395 ¶ 23, 332 P.3d at 619, 621.

¶ 9 Although Rule 103(F) does not explicitly limit its application to issues raised in the case on appeal, we agree with Judge Norris that the rule’s structure and wording suggest this limitation. See id. at 398 ¶ 38, 332 P.3d at 624 (Norris, J., specially concurring). Rule 103 outlines procedures to follow in appeals from juvenile court rulings. By their terms, subsections (A) through (E) and (G) apply to the particular case on appeal. Additionally, language in subsection (F) indicates that the subsection’s restrictions on the juvenile court’s authority pending an appeal apply only to issues in the case on appeal. Because (F)(1) authorizes the juvenile court to decide an issue when directed to do so by the appellate court, that provision necessarily applies only to the case over which the appellate court has jurisdiction. Other parts of subsection (F) authorize the juvenile court to decide an issue “in furtherance of the appeal” ((F)(2)), as a matter of “continuing jurisdiction” in the case on appeal ((F)(3)), or “aris[ing] from a motion to dismiss the appeal” ((F)(5)). Nothing suggests that subsection (F) applies to or restricts the juvenile court’s authority to decide issues in separate, albeit related, cases. That all other parts of Rule 103 apply only to the particular case on appeal strongly suggests that Rule 103(F)(4) likewise applies only to that case.

¶ 10 Reference to related rules and statutes supports our interpretation of Rule 103(F). Rule 79(A)(3) requires a petition to adopt to state “[w]hether any termination of parental rights proceeding is pending, including any appeal,” implicitly recognizing that such petitions may be filed while a termination-of-rights order is pending appeal.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Mendoza
455 P.3d 705 (Court of Appeals of Arizona, 2019)
Kellin v. Hon. lynch/americanwest
449 P.3d 719 (Court of Appeals of Arizona, 2019)
Brionna J. v. Dcs, A.V.
Court of Appeals of Arizona, 2019
Alyssa W. v. Justin G., J.G.
433 P.3d 3 (Court of Appeals of Arizona, 2018)
Gutierrez v. Hon. fox/kivlighn
394 P.3d 1096 (Court of Appeals of Arizona, 2017)
Kelly M. v. Karen K., Peter K., B.L.
Court of Appeals of Arizona, 2016

Cite This Page — Counsel Stack

Bluebook (online)
352 P.3d 909, 237 Ariz. 440, 716 Ariz. Adv. Rep. 12, 2015 Ariz. LEXIS 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberto-f-v-department-of-child-safety-ariz-2015.