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DEPARTMENT OF CHILD SAFETY v. BEENE

No. 1 CA-SA 14-0058.

332 P.3d 47 (2014)

DEPARTMENT OF CHILD SAFETY, Petitioner, v. The Honorable James P. BEENE, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Angel B.; Osanna B.; A.B.; R.B., Real Parties in Interest.

Court of Appeals of Arizona, Division 1.

As Amended July 30, 2014.

Attorney(s) appearing for the Case

Arizona Attorney General's Office By Dawn R. Williams, Toni Valadez, Phoenix, Counsel for Petitioner.

Jeffrey M. Zurbriggen, P.C. By Jeffrey M. Zurbriggen, Phoenix, Counsel for Real Party in Interest Angel B.

Timothy V. Nelson, Gilbert, Counsel for Real Party in Interest Osanna B.

Presiding Judge SAMUEL A. THUMMA delivered the opinion of the Court, in which Judge JOHN C. GEMMILL and Judge RANDALL M. HOWE joined.

OPINION

THUMMA, Judge.

¶ 1 The issue in this special action is whether parents, at a trial (called an adjudication) on a motion to terminate their parental rights, have a due process right to call their children as witnesses to confront and cross-examine them about the children's hearsay statements admitted in evidence. Petitioner Department of Child Safety (DCS) challenges the denial of its motion for a protective order seeking to preclude such testimony...

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