Roberto F. v. Dep’t of Child Safety

The juvenile court terminated the parental rights of Father to his two children. Father appealed. While the appeal was pending, the juvenile court ordered the children’s adoption. Thereafter, the court of appeals reversed the termination of Father’s parental rights. Father then filed a motion asking the juvenile court to set aside the adoption pursuant to Arizona Rule of Procedure for Juvenile Court 85(A). The juvenile court denied the motion. The court of appeals vacated the adoption order as void, concluding that Arizona Rule of Procedure for Juvenile Court 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 Supreme Court vacated the court of appeals’ opinion, holding that the court of appeals misinterpreted Rule 103(F) and that the juvenile court had authority to enter the adoption order. Remanded to the court of appeals to decide whether the juvenile court properly denied Father’s motion to set aside the adoption pursuant to Rule 85(A). View "Roberto F. v. Dep’t of Child Safety" on Justia Law