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MICHAEL J. v. ARIZONA DEPT. OF ECONOMIC SEC.

No. CV-99-0129-PR.

995 P.2d 682 (2000)

196 Ariz. 246

MICHAEL J., Appellant, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY and Zachariah J., Appellees.

Supreme Court of Arizona, En Banc.

March 30, 2000.

Attorney(s) appearing for the Case

Gary Sheets, Phoenix, Attorney for Michael J.

Janet Napolitano, The Attorney General by Kathleen P. Sweeney, Assistant Attorney General and Susan J. Gebhard, Assistant Attorney General, Phoenix, Attorneys for the Arizona Department of Economic Security

Michael D. Hintze & Assoc., Ltd. by Michael D. Hintze and Kevin W. Holliday and Richard D. Dault, Phoenix, Attorneys for Zachariah J.

Mary L. Verdier, Phoenix, Attorney for Amicus Curiae Adoptive Parent.

OPINION

McGREGOR, Justice.

I.

¶ 1 This case requires that we again consider the bases for severing parental rights and the test to apply to determine whether a sufficient basis exists. In January 1997, the Arizona Department of Economic Security (the ADES) filed a severance action on behalf of Zachariah J. The superior court terminated the father's rights based on three grounds: (1) length of the father's felony sentence, (2) unfit parent...

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