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· 1/12/2016

Shella H. v. Department of Child Safety

Citations

  • 239 Ariz. 47
  • 366 P.3d 106
  • 730 Ariz. Adv. Rep. 24
  • 2016 Ariz. App. Unpub. LEXIS 26
  • 2016 Ariz. App. LEXIS 158

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the condition causing the dependency need not be \continuous or actively occurring . . . the substantiated and unresolved threat is sufficient\
  • explaining that the juvenile court must decide “whether a child is dependent based upon the circumstances existing at the time of the adjudication hearing”
  • holding in dependency that “domestic violence need not be continuous or actively occurring” if it remains substantiated and unresolved, “particularly” where the parent denies the conduct
  • affirming a dependency finding because the mother exposed her child to domestic violence, even though the child was not a victim of the domestic violence
  • finding “the substantiated and unresolved threat” of domestic violence supports a finding of dependency
  • upholding a dependency adjudication that “articulated the wrong moment in time when the dependency must be found” because it was still supported by “objectively sufficient” evidence of a continuing potential threat of regularly occurring domestic violence

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones, Thumma, Swann

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.