Trisha A., Appellant v. Department of Child Safety, L.a., L.a., Appellees.

Summary

The Arizona Supreme Court held that a parent seeking under Rule 46(E) to set aside a severance judgment entered after a Rule 64(C) accelerated hearing must show both good cause for the nonappearance and a meritorious defense. It further held that this requirement does not violate due process because it imposes only a minimal burden after judgment, does not materially increase the risk of erroneous deprivation, and protects the interests of children in finality and permanency. The court affirmed the juvenile court’s severance order and vacated the court of appeals’ decision. Justice Bolick, dissenting, would have required only good cause and would have held that the accelerated process and additional defense requirement denied fundamentally fair procedures.