In each of the following exercises, the assignment is to prepare an office memo. Each assignment contains an assignment memo from the supervising attorney that includes all the available facts of the case. Complete the memo based on these facts. If additional facts are needed, note this in the recommendations section of the memo. When preparing the heading of each assignment, use “Supervising Attorney” in
the “To” line, and put your name after the “From.” Following each assignment is a reference to the applicable enacted and case law. In some assignments, the case citation includes a reference only to the regional reporter citation; the state reporter citation is not included. Use only the citation presented in the assignment. The cases are presented in Appendix A. The first time you cite the opinion, use the full citation format for the citation you are given for the opinion in the assignment.

To: Paralegal
From: Supervising Attorney
Re: Loya v. Department of Child Safety; termination of parental rights
Our client, Ollie Loya, has sought our firm’s representation in a termination of parental right matter. Mr. Loya was released last year from prison after serving a two-year sentence to battery. He was out of custody for six months before being convicted of
aggravated battery (with a deadly weapon). His release date would be in six years.

Mr. Loya’s son was 18 months old when Mr. Loya was first incarcerated. He was 3-½ years old at the time of Mr. Loya’s most recent release. The son would be ten years old when Mr. Loya is released from the most recent conviction.

The mother of the child had custody of Mr. Loya’s son while Mr. Loya was first incarcerated. The Department of Child Safety (DCS) recently took the child from the mother because of abuse and neglect charges. DCS initiated termination proceedings
against mother and Mr. Loya, and the mother voluntarily surrendered her rights.
Mr. Loya was present in the home with child prior to the first period of incarceration. However, there are multiple police reports indicating violence between Mr. Loya and his son’s mother, and Mr. Loya has candidly admitted there was violence in front of the child in that period.

DCS has presented us with documentation that Mr. Loya has not provided financial support for his son since his first incarceration. Mr. Loya has provided us with documentation of sending letters and cards to child while he was incarcerated. DCS has a paternal family relative willing and approved to adopt the child.

Please analyze whether there are sufficient facts to lead a court to find clear and convincing evidence there is a basis to terminate Mr. Loya’s parental rights to his son.

Rule of Law: Arizona statutes section 8-533(B) allows a superior court to terminate parental rights upon clear and convincing evidence of at least one of several ground listed in the statute. Section 8-533(B)(4) allows termination on the basis “that the parent is deprived of civil liberties due to the conviction of a
felony if the felony of which the parent was convicted is of such a nature as to prove the unfitness of that parent to have future custody and control of the child including . . . the sentence of that parent is of such a length that the child will be deprived of a normal home for a period of years.”
Case Law: A court opinion discussing length incarceration as the basis for termination is Erik T. v. Department of Child Safety, S.T., 1-CA-JV-2015-0274 (filed Jan. 28, 2016) (see Appendix A).