Alexander M., Dominic M., Daniel M., Natalie M. and Savannah M., Petitioners v. the Honorable Lisa Abrams…

Summary

The Arizona Supreme Court held that a juvenile court may not delegate to ADES the decision whether reunification of dependent children with their parents is in the children's best interests. Before authorizing ADES to return children to parents, the court must independently determine, based on the circumstances then presented, that reunification is in the children's best interests and would not create a substantial risk of harm. The court vacated the juvenile court's order because it delegated that determination to ADES despite finding that returning the children would presently pose a substantial risk of harm.