No. JD34272 / BYRD, BARNETT
NOTICE OF INITIAL HEARING ON MOTION FOR APPOINTMENT OF A PERMANENT GUARDIAN OF A CHILD UNDER A.R.S. §§ 8-871 AND 8-872
(Assigned to the Honorable Cari
CANTOR LAW GROUP PLLC Nicholas Boca, Bar No. 30666, One East Washington St., Suite 1800, Phoenix, Arizona 85004, Telephone: (602) 254-8880, Facsimile: (602) 255-0815, Email: firstname.lastname@example.org, Attorney for Maternal Great-Grandmother
SUPERIOR COURT-JUVENILE DIVISION MARICOPA COUNTY, STATE OF ARIZONA
PUBLICATION FOR BRENT BACCAM, DUSTIN RITTER, AND JOHN DOE
In re the Matter of: KIONI BYRD d.o.b. 08/13/2004, LILIUOKALANI BARNETT d.o.b. 03/02/2011, MAKHI BARNETT d.o.b. 07/26/2012 (Person under 18 years of age)
NOTICE IS HEREBY GIVEN THAT THE MATERNAL GREATGRANDMOTHER: BRENNA PEAVIA has filed a Motion for Appointment of a Permanent Guardian of a Child with the Juvenile Court in Maricopa County regarding the above named children, the Mother, MEGAN BARNETT, and alleged fathers, JOSHUA BYRD, JUSTIN RITTER, BRENT BACCAM and JOHN DOE.
AN INITIAL HEARING HAS BEEN SET TO CONSIDER THE MOTION:
DATE: January 31, 2018
TIME: 11:30 a.m.
BEFORE: Honorable Cari Harrison
At the Maricopa County Juvenile Court located at: Old Courthouse; 125 W. Washington Street; Phoenix, AZ 85003
NOTICE: • You have a right to appear as a party in this proceeding. • Requests for reasonable accommodation for persons with disabilities must be made to the office of the judge or commissioner assigned to the case, at least ten (10) days before your scheduled court date. • The failure of a parent, guardian or Indian custodian to appear at the Initial Hearing without good cause shown, may result in a finding that the parent has waived legal rights and is deemed to have admitted the allegations in the Motion for Guardianship. • The hearings may go forward in the absence of the parent, guardian or Indian custodian and may result in the establishment of a permanent guardianship based upon the record and evidence presented.
SUPERIOR COURT OF ARIZONA MARICOPA COUNTY
Docket Code RNR Form JDRNR Page 3
IT IS ORDERED appointing counsel to represent Kioni's father, Joshua Byrd. Counsel for the mother indicates his client was previously advised that her hair was too short for a hair follicle test. Her hair has grown since then and she is willing to complete the test.
She has a medical marijuana card to treat her medical conditions, but is looking at other options. The Court directs the mother to provide a copy of her prescription to the Department. The guardian ad litem indicates the children want to move to California with Ms. Peavia and she supports a case plan of Guardianship. Counsel for the Department having submitted ASFA Findings, and there being no objection, IT IS ORDERED adopting same and signing the formal, written Order this date. THE COURT FINDS that the Department of Child Safety has made reasonable efforts to finalize the permanency plan for the children. IT IS ORDERED setting this matter for Title 8 Guardianship Initial Hearing as to the mother and Mr. Byrd on 1/31/2018 at 11:30 AM
before Honorable Cari Harrison at the Maricopa County Superior Court Old Courthouse, Courtroom 301 125 W. Washington St., Phoenix, AZ 85003. IT IS ORDERED setting this matter for Title 8 Guardianship Publication Hearing as to the fathers, Brent Baccam, Dustin Ritter, and John Doe, and Report and Review Hearing, on 3/21/2018 at 11:45 AM before Honorable Cari Harrison at the Maricopa County Superior Court Old Courthouse, Courtroom 301 125 W. Washington St., Phoenix, AZ 85003
GRANDMOTHER'S MOTION FOR APPOINTMENT OF A PERMANENT GUARDIAN OF A CHILD UNDER A.R.S. §§ 8-871 AND 8-872
Maternal Great-Grandmother, BRENNA PEAVIA ("Grandmother"), moves the Court to appoint a permanent guardian for the above-named children under A.R.S. §§ 8-871 and 8-872. In support of her Motion, Grandmother states as follows:
I. Grandmother's current address is 14602 North 19th Avenue, Apt. 258 Phoenix, Arizona 85004.
2. KlONI BYRD is a female child born on August 13, 2004. She currently resides in Maricopa County.
3. LILIUOKALANI BARNEIT is a female child born on March 2, 2011. She currently resides in Maricopa County.
4. MAKHI BARNEIT is a male child born on July 26, 2012. He currently resides in Maricopa County.
5. The Court has jurisdiction over this Motion, as the Children have been adjudicated dependent wards of this Court in JD34272.
6. The prospective permanent guardian is BRENNA PEAVIA, who resides in Maricopa County. BRENNA PEAVIA is the Children's Maternal Great-Grandmother. BRENNA PEAVIA agrees to accept the duties and responsibilities of the permanent guardianship and is a fit and proper person to become a permanent guardian for the children.
7. The children have resided with the prospective permanent guardian since September of 2017. The Children have not been in the custody of the prospective permanent guardian for at least nine (9) months. There is good cause to deviate from this requirement because the prospective permanent guardian is an extended family member with a strong bond with the Children.
8. The Mother of the Children is MEGAN BARNEIT. Her date of birth is April 26, 1988. Her last known address is unknown.
9. Upon information and belief, the following individuals are alleged to be the fathers of the Children who are subject to this Motion: a. Joshua Byrd, date of birth unknown, is the alleged father of KIONI BYRD. His last known address is 8448 Jackson St. Paramount, CA 90723. b. Justin Ritter, date of birth unknown, is the alleged father of LILIUOKALANI BARNEIT. His last known address is unknown. c. Brent Baccam, date of birth unknown, is the alleged father of MAKHI BARNEIT. His last known address is unknown. d. "John Doe" is a fictitious name used to designate any other male individuals claiming to be the father of the children and whose identify of the father is unknown; whenever paternity is in question or has not been established by marriage, birth certificate or a Court order; or when there are multiple alleged fathers. John Doe is the father of KIONI BYRD, LILIUOKALANI BARNEIT and MAKHI BARNEIT.
10. The Department has made reasonable efforts to reunite the parents and the Children and further efforts would be unproductive and/or reunification of the parents and the Children is not in the best interests of the Children because the parents are unwilling and/or unable to properly care for the Children. Mother has indicated that she is in agreement with Brenna Peavia becoming the permanent guardian of the children.
11. The likelihood that the Children would be adopted is remote or termination of the parental rights would not be in the Children's best interests.
12. The best interests of the children would be served by granting the permanent guardianship. It would provide the children with a safe and stable home environment with family.
13. The Child Kioni Byrd is over twelve (12) years of age and does not object to this permanent guardianship.
14. The children are not subject to the Indian Child Welfare Act of 1978, 25 U.S,C §§ 1901-1963.
15. The Grandmother requests that, upon entry of the Order Appointing a Permanent Guardian, that the dependency action in JD34272 be dismissed.
WHEREFORE, BRENNA PEAVIA requests that the Court appoint her as permanent guardian of the children, and that the Court enter any other orders that are in the best interests of the children under A.R.S. § 8-872.
RESPECTFULLY SUBMITTED this 9th day of January, 2018. CANTOR LAW GROUP /s/ Nicholas Boca Attorneys for Maternal Great-Grandmother
ORIGINAL of the foregoing filed with the Clerk of the Maricopa County Juvenile Court and a COPY hand-delivered this 9th day of January, 2018 to: The Honorable Carl Harrison, Maricopa County Juvenile Court, COPY of the foregoing emailed this 9th day of January, 2018 to: Michael Alvarez Assistant Attorney General Michael Alvarez@azag.gov State's Attorney, Brian Salata email@example.com Mother's Attorney, Amanda Stolee firstname.lastname@example.org Guardian ad Litem, By: /s/ Lindsey Baker-Miller
2/9, 2/16, 2/23, 3/2 2018 editions Arizona Capitol Times