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 to the severance grounds. It rejected the argument that this requirement violates due process, reasoning that the requirement imposes only a minimal burden after judgment and protects the state's and children's interests in finality and permanency. The court affirmed the juvenile court's severance order and vacated the court of appeals' opinion. Justice Bolick, dissenting, would have held that good cause alone suffices and that the accelerated termination process violates due process.