In Re Term of Parental Rights as to B.W.

Summary

The court held that Arizona's abandonment statute creates a rebuttable presumption when a parent fails to maintain a normal parental relationship for six months without just cause, while leaving the burden of persuasion on the party seeking termination. It defined just cause as a reasonable and fair justification for failing to maintain the relationship, relied on in good faith, and held that the juvenile court must consider circumstances affecting the parent's reasonable understanding of available conduct. Because the record was insufficiently clear to apply that standard, the court reversed the termination order, remanded for reconsideration, and vacated the intermediate appellate decision.