By Connie Reguli

March 22, 2020, Arizona Supreme Court decided that where TPR is sought for nonabused children as well as an abused child, the court must find risk of harm to the nonabused children by clear and convincing evidence in the substantive grounds phase, not merely in the best interests phase.

“Thus, a juvenile court may terminate a parent’s rights to non-abused children under § 8-533(B)(2) only if the extrapolation of unfitness—the risk of harm to such children—is proven by clear and convincing evidence. No application of the statute may circumvent this fundamental constitutional requirement.”

“ In sum, a juvenile court’s extrapolation of parental unfitness will not pass constitutional muster under Santosky unless the risk of harm to non-abused children is proven by clear and convincing evidence.”

SANDRA R., SERGIO C., Appellants, v. DEPARTMENT OF CHILD SAFETY, M.R., F.M., J.M., Appellees., No. CV-19-0057-PR, 2020 WL 1161588, at *6 (Ariz. Mar. 11, 2020).