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ARIZ. DEPT. OF ECON. SEC. v. SUPERIOR CT.

No. 1 CA-SA 91-324.

171 Ariz. 688 (1992)

832 P.2d 705

The ARIZONA DEPARTMENT OF ECONOMIC SECURITY, an agency of the State of Arizona, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Laura Estay, a Commissioner thereof, Respondent, BABY BOY DOE, a person under the age of 18 years; and John and Jane Doe, married persons, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department D.

June 9, 1992.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Kim S. Anderson, Asst. Atty. Gen., Phoenix, for petitioner.

Helm & Kyle, Ltd. by Theodore L. Kyle, Tempe, Guardian Ad Litem for Baby Boy Doe.

Joanne Landfair, Phoenix, for respondent Baby Boy Doe.

Richard Scherb, Phoenix, for real parties in interest John and Jane Doe.

OPINION

EHRLICH, Judge.

The Arizona Department of Economic Security ("DES"), as legal custodian of Baby Boy Doe, petitioned this court to consider whether a child who is adjudicated dependent, but who remains in the physical custody of his parents, is excluded from medical and dental coverage provided by DES pursuant to Ariz. Rev. Stat. Ann. section ("A.R.S. §") 8-512(A). We earlier accepted special action...

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