Arizona Supreme Court

Brenda D., Appellant v. Department of Child Safety, Z.d., Appellees.

February 9, 2018410 P.3d 419

Summary

The court held that a parent who does not timely appear for a properly noticed termination adjudication hearing has failed to appear under the governing statute and juvenile rule, permitting the juvenile court to find a waiver of rights and proceed. If the parent arrives before the hearing ends, the waiver terminates upon arrival as to future participation, although previously presented evidence need not be repeated; counsel retains full participation rights throughout. The court affirmed the termination because any due process violations were unpreserved and Brenda failed to establish prejudice.