ARS 8-533(B)(3) Interpretation

In Mary Ellen C. v. Ariz. Dep't of Econ. Sec., 193 Ariz. 185, PP31-34, 971 P.2d 1046, 1052-53 (App. 1999), the state had sought and the juvenile court had granted an order terminating the mother's parental rights on the ground that the mother suffered from a mental illness or deficiency, rather than, as here, chronic drug abuse. The court found that the state's duty to make reasonable reunification efforts before terminating parental rights was inherently required by 8-533(B)(3) and had a constitutional basis as well. The implicit requirement of 8-533(B)(3) that the condition from which the parent suffers "'be proven not to be amenable to rehabilitative services'" is equally applicable when the state seeks severance on the ground of substance abuse. See Steven K. v. Ariz. Dep't of Econ. Sec., 210 Ariz. 483, P24, 113 P.3d 1240, 1247 (App. 2005), quoting Mary Ellen C., 193 Ariz. 185, P31, 971 P.2d at 1052.