Assignment 13

The following assignment is based on assignment 17-9 from Chapter 17. Use the assignment memo, statutory law, and case law from that assignment (Chapter 17 Assignment 9.docx) Download doc below. There is a five-page limit.

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 firms representation in a termination of parental rights matter. Mr. Loya was released last year from prison after serving a two-year sentence to the 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. Loyas son was 18 months old when Mr. Loya was first incarcerated. He was 3- years old at the time of Mr. Loyas 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. Loyas 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 the mother and Mr. Loya, and the mother voluntarily surrendered her rights.

Mr. Loya was present in the home with the child prior to the first period of incarceration. However, there are multiple police reports indicating violence between Mr. Loya and his sons 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. Loyas 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).

1. Describe in detail the application of each step of the prewriting stage to the assignment.

   For the organization step of the prewriting stage, prepare an expanded outline based on the outline presented in Section IV.A.3.c of 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.