Kent K. and Sherry K., Appellants v. Bobby M. and Leeh M., Appellees

Summary

The Arizona Supreme Court held that in a proceeding to terminate parental rights, the clear and convincing evidence standard of A.R.S. § 8-537.B applies only to the statutory grounds for termination, and the best interests of the child must be established by a preponderance of the evidence. Applying the Mathews v. Eldridge balancing test, the court further held that the Due Process Clause does not require clear and convincing proof of best interests, because once a statutory ground is found the parent's interest is diluted, the child's and the state's parens patriae interests come to the fore, and a heightened standard would place the risk of error on the child. The court affirmed the trial court's abandonment finding, reversed its best interests finding made under the erroneous standard, and remanded for reconsideration under the preponderance standard.