NOTICE: NOT FOR OFFICIAL PUBLICATION.

UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

D'ANNA P.,

Appellant,

v.

DEPARTMENT OF CHILD SAFETY, A.D.,

Appellees.

No. 1 CA-JV 17-0088

Appeal from the Superior Court in Maricopa County

No. JD29433; JS18397

The Honorable Bruce R. Cohen, Judge

The Honorable Jacki Ireland, Judge Pro Tempore

AFFIRMED

COUNSEL

David W. Bell, Attorney at Law, Mesa

By David W. Bell

Counsel for Appellant

Arizona Attorney General's Office, Phoenix

By JoAnn Falgout

Counsel for Appellee DCS

FILED 10-5-2017
D'ANNA P. v. DCS, A.D.

Decision of the Court

2

MEMORANDUM DECISION

Presiding Judge Michael J. Brown delivered the decision of the Court, in 

which Judge Jennifer B. Campbell and Judge Margaret H. Downie joined.

B R O W N, Judge:

¶1 In March 2016, the Department of Child Safety ("DCS") filed 

in the superior court a petition for termination of Mother's parental rights 

to her child, A.D., based on grounds of abandonment and 15 months in an 

out-of-home placement. Mother, who was residing in Tennessee at the 

time, failed to appear telephonically at a subsequent status conference. 

Although her counsel noted an objection to proceeding in Mother's absence, 

the court found no good cause "at least as of this point" for Mother's 

nonappearance. The court explained that Mother's counsel could file a 

proper motion if he later discovered Mother had good cause for her failure 

to appear. After considering evidence presented by DCS, the court found 

that DCS met its burden of proving both grounds alleged in the petition.

¶2 Mother timely appeals from the superior court's termination 

order. She argues the court erred, and denied her due process, in finding 

that she failed to appear at the status conference without good cause.

¶3 The superior court may proceed in a parent's absence and 

terminate parental rights "based on the record and evidence presented" if 

the parent failed to appear "without good cause," had adequate notice of 

the hearing, and was admonished that failure to appear could constitute a 

waiver of parental rights and an admission of the allegations in the petition.

Arizona Revised Statutes section 8–537(C); see also Ariz. R.P. Juv. Ct. 64(C).

A parent shows good cause for failing to appear by proving "(1) mistake, 

inadvertence, surprise or excusable neglect exists and (2) a meritorious 

defense to the claim exists." Christy A. v. Ariz. Dep't of Econ. Sec., 217 Ariz. 

299, 304, ¶ 16 (App. 2007). We review the court's finding that a parent failed 

to appear without good cause for an abuse of discretion. Adrian E. v. Ariz. 

Dep't of Econ. Sec., 215 Ariz. 96, 101, ¶ 15 (App. 2007).

¶4 Mother argues, for the first time, that she did not receive 

proper notice of the hearing. Her argument, however, is based solely on an 

alleged communication between Mother's trial counsel and her appellate 

counsel suggesting a letter addressed to Mother had been returned. Neither 
D'ANNA P. v. DCS, A.D.

Decision of the Court

3

the alleged communication nor the letter are part of the superior court 

record and therefore we will not consider them. Ashton-Blair v. Merrill, 187 

Ariz. 315, 317 (App. 1996) ("We may only consider the matters in the record 

before us. As to matters not in our record, we presume that the record 

before the trial court supported its decision.").

¶5 Without any evidence to support her argument, Mother has 

failed to meet her burden of showing the superior court abused its 

discretion. Indeed, Mother does not argue on appeal that she had good 

cause for failing to appear at the status conference. She does not point to 

anything in the record suggesting she did not have proper notice nor does 

she assert a meritorious defense to the petition for termination. 

Accordingly, we affirm the superior court's order terminating Mother's 

parental rights to A.D.