In re Termination of Parental Rights as to B.B.

Summary

The Arizona Court of Appeals, Division Two, held that A.R.S. § 8-533(B)(5) authorizes termination of a potential father’s rights only when he fails to timely file a paternity action after receiving the required adoption notice. Because Dustin G. filed a paternity action that was later dismissed with prejudice, his status and potential rights were conclusively resolved, leaving no parent-child relationship to terminate under that provision. The court vacated the termination ruling and remanded for dismissal of the petition against him.

Holdings

1. A.R.S. § 8-533(B)(5) authorizes termination based only on a potential father's failure to timely file a paternity action after receiving an adoption notice served as prescribed in A.R.S. § 8-106(G); it does not authorize termination because the father failed to timely serve the paternity action.
2. When a potential father files a paternity action and that action is dismissed with prejudice, his potential-father status and any unestablished parental rights are conclusively foreclosed; there are no remaining parental rights to terminate under § 8-533(B)(5).

Questions Presented

1. Whether A.R.S. § 8-533(B)(5) authorizes termination of a potential father's rights when he files a paternity action within thirty days but fails to timely serve the mother, resulting in dismissal of the paternity action.
2. Whether the juvenile court had a statutory basis to terminate Dustin G.'s parental rights after his paternity action was dismissed with prejudice.

Disposition

reversed_and_remanded