Carolina H. v. Arizona Department of Economic Security
In Carolina H. v. Arizona Department of Economic Security, 232 Ariz. 569, 307 P.3d 996 (App. 2013), the juvenile court found the Arizona Department of Economic Security (ADES) had not sustained its burden of proving the allegations in the dependency petition that the child was dependent because of the mother's abuse of the child and her substance abuse. Id.8.
Nevertheless, concerned that the child required therapeutic services, the court found there was a "substantial disconnect" between the mother and her child and adjudicated the child dependent on that basis. Id.9. In addition to suggesting a "substantial disconnect" was an insufficient basis for adjudicating a child dependent under former A.R.S. 8-201(13)(a), the Court rejected ADES's argument that the court had the discretion to deem the petition amended to conform to the evidence. Id.9-10.