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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL
AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
IN THE
MEMORANDUM DECISION
Chief Judge Michael J. Brown delivered the decision of the Court, in which
Presiding Judge Patricia A. Orozco and Judge Samuel A. Thumma joined.
B R O W N, Chief Judge:
1
Tyren T. (Father) and Brittany H. (Mother) (collectively,
Parents) appeal the juvenile courts order adjudicating their four children
dependent. Parents argue the court erred by failing to make specific
findings of fact. Father also asserts there is insufficient evidence supporting
a finding of dependency. For the following reasons, we affirm.
BACKGROUND
2
Father and Mother are the biological parents of S.T. (born
2012), T.T. (born 2014), and twins, R.T. and J.T. (born 2014). The twins were
born prematurely, at twenty-four weeks gestation, weighing 1.7 and 1.8
pounds, respectively. They had significant medical complications, and
were hospitalized in the neo-natal intensive care unit (NICU) for six
months. After being home with Parents for three months, on August 6,
2015, R.T. was admitted to the hospital for failure to thrive, vomiting,
diarrhea, dehydration, and fever. As a result of his hospitalization, the
Department of Child Safety (DCS) received a report on August 11, 2015
alleging neglect of R.T.
3
Mother attended a team decision meeting, but Father did not,
apparently choosing not to participate in the meeting or the DCS
investigation. DCS immediately took R.T. into temporary custody while
hospitalized; however, Mother refused to allow DCS access to the other
children. She also refused to provide contact information for Father. On
August 21, 2015, DCS filed (1) a dependency petition pursuant to Arizona
Revised Statutes (A.R.S.) section 8-201(14)(a) as to all four children and
(2) a motion for pickup of S.T., T.T., and J.T. The petition alleged that (1)
Parents neglected the children because they allowed R.T. to become
malnourished and dehydrated, have a history of refusing medical
treatment for their children, and hid the other three children; and (2)
Mother failed to properly treat her mental health issues. At the initial
dependency hearing, the court considered DCS report alleging Mother
refused to follow medical instructions for the children despite repeated
For example, DCS received a report that while the twins were
hospitalized in the NICU after their premature birth, Parents were not
visiting them. Mother told hospital staff she was ignoring their calls
because she was depressed and did not want to hear about what was
happening with the twins. DCS investigated, found S.T. and T.T. were
clean and at a healthy weight, and there was no indication of domestic
violence in the home. Parents refused DCS family preservation services at
that time and did not attend a team decision meeting that was scheduled in
May 2015. Three months later, DCS received the current report.
1
Sufficiency of Findings
11
The Arizona Rules of Procedure for Juvenile Court require the
court to [s]et forth specific findings of fact in support of a finding of
dependency. Ariz. R.P. Juv. Ct. 55(E)(3); see also A.R.S. 8-844(C) (stating
that the juvenile court shall enter [t]he factual basis for the
dependency). Here, the juvenile courts minute entry merely stated that
DCS proved by a preponderance of evidence that the allegations of the
petition are true.
12
Parents argue that the juvenile court erred by failing to make
specific findings of fact, thereby precluding them from effectively refuting
the grounds for the courts dependency finding. DCS counters that Parents
have waived this argument because it is raised for the first time on appeal.
13
As a general rule, we will not address an issue raised for the
first time on appeal, particularly [] as it relates to the alleged lack of detail
in the juvenile courts findings. Christy C. v. Ariz. Dept of Econ. Sec., 214
Ariz. 445, 452, 21 (App. 2007) (citations omitted). [A] party may not sit
back and not call the trial courts attention to the lack of a specific finding
on a critical issue, and then urge on appeal that mere lack of a finding on
that critical issue as a grounds for reversal. Id. (quoting Bayless Inv. &
Trading Co. v. Bekins Moving & Storage Co., 26 Ariz. App. 265, 271 (1976)).
Parents did not bring the issue of insufficient findings of fact to the juvenile
courts attention, where it could have been promptly addressed. Instead,
they waited to introduce such concerns until months had passed since the
5
Sufficiency of Evidence
17
Father also argues the juvenile court erred because there was
insufficient evidence to support a dependency finding.2 To decide whether
a child is dependent, the juvenile court must consider those circumstances
existing at the time of the adjudication hearing. Shella H. v. Dept of Child
Safety, 239 Ariz. 47, 50, 12 (App. 2016). As the trier of fact, the juvenile
court is in the best position to weigh the evidence, observe the parties,
judge the credibility of witnesses, and resolve disputed facts. Ariz. Dept
Mother does not challenge the sufficiency of the evidence and thus
she has waived that argument on appeal. See ARCAP 13(a)(7)(A)
(mandating appellants argument in the opening brief include contentions
concerning each issue presented for review, with supporting reasons for
each contention, and with citations of legal authorities and appropriate
references to the portions of the record on which the appellant relies.).
However, because Mother is the primary caregiver and assumes
responsibility for all the medical needs of the children, her ability to exercise
proper and effective parental care of the children is highly relevant in
determining whether DCS presented sufficient evidence to support the
juvenile courts dependency finding as to Father.
2