Background
Katelynn S. appealed the termination of her parental rights to A.N. under Arizona’s felony-incarceration ground. After Mother’s October 2024 arrest in Colorado on a Florida extradition warrant, friends in Arizona took custody of the child. DCS initiated dependency proceedings in March 2025, after Mother reported the child missing when the placement family declined to return the child.
The juvenile court ordered at least four hours of weekly supervised virtual visitation while Mother was incarcerated. Mother was later extradited to Florida to serve a 2.5-year sentence for a felony probation violation and repeatedly requested video visitation. Although DCS contacted the Florida prison in December 2025 and promptly received information about its virtual-visitation system, it did not arrange visitation before the March 2026 termination hearing. The juvenile court terminated Mother’s rights, finding DCS’s efforts reasonable under the circumstances.
The Court’s Holding
The Arizona Court of Appeals vacated the termination order and remanded. When DCS seeks termination under A.R.S. § 8-533(B)(4), it has a constitutional duty to make reasonable efforts to provide appropriate reunification services. Under Jessie D., DCS must reasonably endeavor to provide requested visitation to an incarcerated parent unless visitation would endanger the child.
Mother repeatedly requested visitation, including identifying the prison’s system, and there was no contention that visitation would endanger A.N. DCS’s letters and communications with prison staff did not satisfy its duty because it made no meaningful effort to arrange visitation for months, including after the prison supplied the necessary information. Mother’s lack of direct contact with DCS and her reduced contact through the placement family did not excuse DCS’s failure to provide the essential requested service.
Key Takeaways
- DCS must make reasonable efforts to provide requested, safe visitation when pursuing termination based on a parent’s incarceration.
- General communication with an incarcerated parent does not substitute for timely efforts to arrange requested visitation.
- A parent’s imperfect efforts to maintain contact do not relieve DCS of its constitutional reunification obligation.
Why It Matters
The decision underscores that incarceration and logistical complications do not permit DCS to disregard a parent’s specific request for visitation. The court directed DCS to develop a reasonable reunification plan that includes visitation, while leaving open the possibility of a future termination petition if warranted.