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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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
ARIZONA COURT OF APPEALS
DIVISION ONE
v.
AFFIRMED
COUNSEL
MEMORANDUM DECISION
J O N E S, Judge:
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NICOLE M. v. DCS, et al.
Decision of the Court
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NICOLE M. v. DCS, et al.
Decision of the Court
The court also stated it was tak[ing] judicial notice . . . that inmates of the
Maricopa County Jail are granted regular telephonic access to counsel in
dependency proceedings.
DISCUSSION
10 Mother does not dispute she was properly served with the
motion for termination and had previously received notice that her parental
rights could be terminated if she failed to attend proceedings without good
cause; she only argues the juvenile court erred in concluding she lacked
good cause for her failure to appear and violated her due process rights by
proceeding with the severance trial in her absence. Because a parent may
waive her right to procedural due process if she fails to appear for certain
hearings without good cause, see Manuel M. v. Ariz. Dept of Econ. Sec., 218
Ariz. 205, 211, 19 (App. 2008) (citing Ariz. Dept of Econ. Sec. v. Redlon, 215
Ariz. 13, 17, 9 (App. 2007)), the resolution of both issues turns on the
courts determination that Mother did not show good cause for her failure
to appear.
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NICOLE M. v. DCS, et al.
Decision of the Court
exists[,] and (2) a meritorious defense to the claims exists. Christy A., 217
Ariz. at 304, 16 (citations omitted). Conduct is excusable if it is such as
might be the act of a reasonably prudent person under the same
circumstances. Id. (quoting Ulibarri v. Gerstenberger, 178 Ariz. 151, 163
(App. 1993)). We review the courts finding that a parent lacked good
cause for her failure to appear for an abuse of discretion and will reverse
only if the juvenile courts exercise of that discretion was manifestly
unreasonable, or exercised on untenable grounds, or for untenable
reasons. Marianne N., 240 Ariz. at 474, 15 (quoting Adrian E. v. Ariz.
Dept of Econ. Sec., 215 Ariz. 96, 101, 15 (App. 2007)); see also Bob H. v. Ariz.
Dept of Econ. Sec., 225 Ariz. 279, 282, 12 (App. 2010) (The juvenile court
is in the best position to make discretionary findings such as what
constitutes good cause for failure to appear.) (citation omitted).
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NICOLE M. v. DCS, et al.
Decision of the Court
210 Ariz. 77, 82-83, 19 (App. 2005) (citation omitted); see also Alice M. v.
Dept of Child Safety, 237 Ariz. 70, 73, 12 (App. 2015) (applying harmless
error analysis to the juvenile courts error) (citation omitted). Mothers
access to the telephone while incarcerated is immaterial where she did not
establish she had acted reasonably in obtaining the telephone numbers she
might have used had a phone been available.4 We find no abuse of
discretion.
CONCLUSION