NECESSARY CONTEXT:

Chapter 17, Assignment 9

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- 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).

ASSIGNMENT QUESTIONS:

1. Describe in detail the application of each step of the prewriting stage to the assignment.
2. For the organization step of the prewriting stage, prepare anexpanded outlinebased on the outline presented inSection IV.A.3.cof this chapter. Using the information presented in the assignment, fill in the expanded outline. Include in the "Issue" section of the outline a broad statement of the issue and at least one narrow statement of the issue.