Linda V. v. Ariz. Dep't of Econ. Sec
In Linda V. v. Ariz. Dep't of Econ. Sec., 211 Ariz. 76, 78,6, 117 P.3d 795, 797 (App. 2005) the Court addressed whether the legislature's reference to "a child" in 8-533(B)(2) was ambiguous on its face; however, we ultimately concluded that "when the statute is examined in light of the pre-existing statutory language, the legislature's meaning is clear."
The Court held that 8-533(B)(2) permits termination of parental rights to a child who has not been abused or neglected, upon proof that the parents abused or neglected another child or permitted another to abuse or neglect another child. Linda V., 211 Ariz. at 79,14, 117 P.3d at 798.
Our analysis of the statute, however, was confined to addressing the propriety of severing parental rights based on the circumstances of that case--the mother's rights were terminated as to her child who was alive and present when the child's sister was killed by the mother's boyfriend. Id. at 77,3-5, 117 P.3d at 796.
In a footnote, the Court commented:
Although, in this case the constitutional requirement of showing a nexus between the abuse or neglect committed on the child who was abused . . . and the risk that such abuse would occur to a different child . . . to whom parental rights were being severed, was established, we are not faced with, nor do we address, a scenario where there has been prior conduct by a parent that is remote in time with regard to the child to whom parental rights have been severed. 211 Ariz. at 80 n.3,17, 117 P.3d at 799 n.3.