Jewel C. v. Dep't of Child Safety
Jewel C. v. Dep't of Child Safety
Opinion of the Court
*1122¶ 1 Jewel C. appeals from the juvenile court's order changing the placement of her great-grandchildren from her care to that of their "psychological paternal grandmother," Kay. She contends the court "abused its discretion by granting" the state's motion requesting the change "in violation of the placement preferences established by A.R.S. § 8-514(B)." She further asserts the court made "numerous findings ... without credible bases."
¶ 2 In its answering brief, the Department of Child Safety (DCS) contends as a threshold matter that we lack jurisdiction over this appeal. It asserts, "Jewel is not an aggrieved party and the order is not final and appealable." Our jurisdiction in juvenile matters is provided by A.R.S. § 8-235, which provides that "[a]ny aggrieved party in any juvenile court proceeding under this title may appeal from a final order of the juvenile court to the court of appeals." Both factors must be present-the person must be an aggrieved party and the court's order must be final. Id. Thus, we must determine whether Jewel is an "aggrieved party" and whether the juvenile court's order changing the children's placement is a "final order."
¶ 3 "To qualify as an aggrieved party, the judgment must operate to deny the party some personal or property right or to impose a substantial burden on the party." In re Pima Cty. Juv. Action No. B - 9385 ,
¶ 4 Jewel contends she is entitled to appeal based on the juvenile court having allowed her to intervene in the matter. Jewel filed a motion to intervene in the dependency proceeding in June 2016, and the court granted permissive intervention. Arizona courts have long allowed grandparents, as well as other relatives, to be granted permissive intervention in dependency proceedings so long as the requirements of Rule 24, Ariz. R. Civ. P., are met and intervention advances the best interests of the children involved. See Bechtel v. Rose ,
¶ 5 Jewel also asserts that she is "an aggrieved party" because she has "a *1123statutory interest in placement pursuant to" A.R.S. § 8-514(B)(2) and (3), "as a member of the extended family." That statute sets forth the preferences for placement and lists "kinship care" above placement in other foster care situations.
¶ 6 Indeed, "[n]othing in the [kinship foster care] statute suggests that relatives are the intended beneficiaries of the kinship foster care program or that the program was designed to protect potential placements." Id. ¶ 17. Furthermore, under A.R.S. § 8-517, DCS may withdraw a child from a foster home when it "determines that withdrawal is according to written, specific standards and is clearly necessary for the child's interests and welfare" and may withdraw a child placed pursuant to A.R.S. § 8-514.02, including a placement with a relative, "if the change is necessary for the child's best interests and welfare."
¶ 7 A great-grandparent, or other third party, may, however, petition for placement under certain circumstances, pursuant to A.R.S. § 25-409. The legislature having provided a means by which a third party may independently obtain rights to placement of a child, we have no basis to read such a right into § 8-514, as Jewel suggests we should.
¶ 8 We further conclude the order at issue in this matter is not a final order for purposes of § 8-235. Employing a broad conception of a final order in view of a parent's fundamental rights, our supreme court has determined that "orders declaring children dependent and orders reaffirming findings that children are dependent are final orders subject to appeal by aggrieved parties." In re Yavapai Cty. Juv. Action No. J-8545 ,
¶ 9 Regarding a person or party other than a parent or one who has established third-party rights with respect to a child, an order changing placement not only fails to conclude the dependency or termination proceeding, but also fails to adjudicate any party's right, and such an order remains subject to further modification pursuant to § 8-517. We concluded in Maricopa County Juvenile Action No. J-57445 that placement orders, when challenged by foster parents, are not final as they "do not constitute a reaffirmation of dependency status vis-a-vis the parent."
¶ 10 For these reasons, we conclude we lack jurisdiction of this appeal. Therefore, we dismiss the appeal.
As the parties acknowledged at oral argument, intervention of right is rare in this context, as the intervening party's interest generally does not meet that heightened standard. See Ariz. R. Civ. P. 24(a) (providing factors for intervention of right).
We do not foreclose, however, the possibility that a potential placement could be "aggrieved" by a juvenile court's express refusal to consider the statutory preferences at all and, thus, be permitted to seek special action relief.
At oral argument in this court, Jewel suggested that directing third parties to seek placement pursuant to § 25-409 would result in improper "forum shopping." We note, however, that in view of A.R.S. § 8-202, such proceedings, if brought during a dependency or other proceeding, would likely be consolidated with the juvenile proceeding. See Blevins v. Superior Court ,
Appeals of such orders by children may also be treated differently. Cf. In re Pima Cty. Juv. Action No. B - 9385 ,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.