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ALEXANDER M. v. ABRAMS

No. CV-13-0169-PR.

328 P.3d 1045 (2014)

ALEXANDER M., Dominic M., Daniel M., Natalie M. and Savannah M., Petitioners, v. The Honorable Lisa ABRAMS, Commissioner of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Arizona Department of Economic Security, Yvonne M. and Alex M., Real Parties in Interest.

Supreme Court of Arizona.

July 14, 2014.

Attorney(s) appearing for the Case

Nicholas Knauer (argued), Pima County Office of Children's Counsel, Tucson, for Children.

Thomas C. Horne, Attorney General, Phoenix, Laura J. Huff (argued), Assistant Attorney General, Tucson, for Arizona Department of Economic Security.

Justice BRUTINEL authored the opinion of the Court, in which Chief Justice BALES, Vice Chief Justice PELANDER, Justice BERCH, and Justice TIMMER joined.

Justice BRUTINEL, opinion of the Court.

¶ 1 We are asked to decide whether a juvenile court can delegate discretion to the Arizona Department of Economic Security ("ADES") to determine when it serves a dependent child's best interests to be returned to the child's parent or guardian. We conclude that the juvenile court may not delegate its responsibility to independently determine whether reunification is in the child's best interests.

I. BACKGROUND...

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