In Arizona, the severance—also known as termination—of parental rights is a profound and irreversible legal action that permanently ends the legal relationship between a parent and their child. Arizona courts order the termination of parental rights only when it is proven by clear and convincing evidence that statutory grounds exist and that such severance is in the best interest of the child. The law also sets out a strict procedure for termination that is meant to protect the parent’s interests as well.

Arizona law sets out these grounds for termination of parental rights:

1. Abandonment — A parent may lose their rights if they have failed to provide reasonable support and maintain regular contact for six months or more without just cause. Courts look at actions, not subjective intentions, to determine abandonment.

2. Neglect or abuse — If a parent has willfully abused or neglected a child in a way that endangers their health, safety, or emotional well-being, their rights can be terminated. Abuse may include physical, emotional or sexual maltreatment. Neglect means failing to provide necessary care.

3. Mental illness or deficiency — A parent’s rights may be severed if they suffer from a mental illness or incapacity that renders them unable to fulfill parental responsibilities and there is little likelihood that this will change in the near future. Medical evaluation and expert testimony are typically required to establish this ground.

4. Chronic substance abuse — Habitual abuse of drugs or alcohol that prevents a parent from providing proper care, with no reasonable prospect for recovery within a time frame appropriate for the child’s needs, can also be grounds for termination.

5. Felony conviction/incarceration — Severance may be ordered If a parent is convicted of a felony, especially if it involves violence or results in a lengthy incarceration. The court considers the nature of the crime, the sentence length and the child’s age.

6. Failure to establish paternity — An alleged father who fails to file a paternity claim or initiate a legal paternity proceeding within the statutory time frame may have parental rights terminated.

7. Consent or relinquishment — A parent may voluntarily give up their rights or consent to the child’s adoption, such as when a parent recognizes they cannot provide adequate care.

8. Unknown identity — Severance can be ordered if a parent’s identity or whereabouts remain unknown after diligent efforts to locate them for at least three months.

9. Prior termination — A parent may have had their rights to other children severed based on similar grounds and are still considered unfit.

10. Child conceived by sexual assault — The perpetrator’s parental rights may be terminated to protect the child and the victimized parent.

The severance process begins with a petition filed in the juvenile court by the Arizona Department of Child Safety (DCS), by another agency or sometimes by a private party. The parent is entitled to notice and an evidentiary hearing. The court examines whether at least one statutory ground exists and whether termination serves the child’s best interests. The standard is “clear and convincing evidence,” which is higher than the standard applied in most civil cases.

Parents facing severance may present defenses, such as demonstrating active efforts to overcome issues (e.g., substance abuse treatment or reunification services), challenging the sufficiency of the evidence or contesting the assertion that severance is in the child's best interests.

Anyone involved in a parental rights termination case should be represented by an experienced Arizona family law attorney. Every case will require balancing the promotion of a safe, stable environment for a child as well as affording due process to the parent whose rights are at issue. 

At Clark & Schloss Family Law, P.C. in Scottsdale, we represent Arizona residents in the full range of cases that concern parenting issues. Call 602-789-3497 or contact us online to arrange a consultation.