Arizona Court Case: MARA M. v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY

MARA M., Appellant, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY, and JONNA M., Appellees.

1 CA-JV 01-0059 COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C 201 Ariz. 503; 38 P.3d 41

January 22, 2002, Filed Released for Publication February 27, 2002. Appeal from the Superior Court in Maricopa County. Cause No. JD 6366. The Honorable George H. Foster, Jr., Commissioner.

AFFIRMED.

COUNSEL:

Robert S. Briney, Office of the Legal Defender By Virginia Matte, Stephen J.P. Kupiszewski and Kathryn E. Kupiszewski Attorneys for Appellant Phoenix. Janet Napolitano, Attorney General By Judy A. Sheirbon, Assistant Attorney General Attorneys for Appellees Phoenix.

JUDGES:

SUSAN A. EHRLICH, Presiding Judge.

CONCURRING:

REBECCA WHITE BERCH, Judge, MICHAEL D. RYAN, Judge.

OPINIONBY:

SUSAN A. EHRLICH OPINION:

EHRLICH, Judge P1 Mara M. appeals the severance of her parental rights to Jonna. She claims that service upon her attorney of the motion to terminate those rights violated her constitutional right to the due process of having service made upon her directly or by publication. For the following reasons, we affirm the judgment.

FACTS AND PROCEDURAL HISTORY P2 While receiving court-ordered mental-health and substance-abuse treatment at the Maricopa County Mental Health Annex on November 1, 1999, Mara gave birth to Jonna. n1 Mara immediately accepted from the Arizona Department of Economic Security ("ADES") a ninety-day foster-care arrangement for the child. During the next month, with supervision, Mara saw Jonna at the offices of Child Protective Services ("CPS"). The visits went sufficiently well so that, as long as Mara continued taking medication and undergoing therapy, CPS planned a family reunification.

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n1 The full name and location of Jonna's father were and are unknown. Mara has an unfortunate history of mental illness and drug abuse. In 1992, due to her neglect of her five older children, the Arizona Department of Economic Security intervened and arranged a successful placement.

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