A.R.S. §8-533(B)(3), the following reasons must be taken into consideration in order to terminate a parent’s rights to his or her child:
- History of Chronic Abuse of Alcohol or Controlled Substance
The use of alcohol or drugs by a parent can potentially lead to child endangerment. If the child is in harms way, the court can make the decision to end the parent’s rights to the child.
- The Parent is Unable to Meet Parental Responsibilities as a Result of the Chronic Abuse. If the parent is under the influence of drugs or alcohol, he or she is unable to give the proper care to the child. This can be seen as neglect. Child neglect is an important aspect in the results of parental rights being terminated.
- The Chronic Abuse Will Continue for a Long and Indeterminate Length of Time
The longer the parent has an abuse problem, the longer the child doesn’t receive adequate care. The court has the right to step in to ensure the child is being properly taken care of.
If proof of these issues is found, the court must find evidence that terminating parental rights is in the best interest of the child.
In the case of the father and his daughters, evidence was found proving the father was incapable of making good decisions for his children. The Appellate Court claimed the father was unable to stop using drugs and alcohol, despite knowing he could lose his children if he didn’t. Because of this, the father’s rights were officially terminated.
For more information, see Raymond F. v. A.D.E.S. 581 Ariz. Advance Report 29
A.R.S. §8-533(B)(3) – http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/8/00533.htm&Title=8&DocType=ARS
Raymond F. v. A.D.E.S. – http://www.cofad1.state.az.us/opinionfiles/JV/JV090025OP.pdf