Jordan C. v. Arizona Department of Economic Security
In Jordan C. v. Arizona Department of Economic Security, 223 Ariz. 86, 92 n.8,15, 219 P.3d 296, 302 n.8 (App. 2009) the Court reversed the termination of a mother's parental rights, finding there was insufficient evidence to establish one of the statutory grounds for termination. Id. at 89,2, 219 P.3d at 299.
While the mother's termination appeal was pending, one of the children was adopted; the child's counsel then filed a "motion to strike or dismiss" the appeal pertaining to that child as moot. Id. at 92 n.8, 219 P.3d at 302 n.8.
The court denied the motion and declined to issue an advisory opinion on the effect its decision would have upon the adoption order. Id.
Despite the fact that the mother completed all services in the case plan, the case manager recommended terminating her rights so that her special needs child, who might be difficult for the mother to handle, could be adopted. Id. at 90, 95,8, 26, 219 P.3d at 300, 305.
The Court recognized that the evidence that it would be difficult for mother to care for a special needs child was "relevant to the issue of whether termination of the mother's rights was in the child's best interest" but not to the statutory ground for termination. Id. at 95,28, 219 P.3d at 305.