The Arizona Court of Appeals has upheld a ruling that denies the Department of Child Safety's (DCS) request to terminate the parental rights of a couple regarding their three children. This decision, filed on November 9, 2026, affects Leonard U. (Father) and Chantal N. (Mother) and their children M.G., S.R., and J.N. The ruling emphasizes the importance of family reunification and the potential for a safety plan to ensure the children's well-being.

The case originated from concerns raised about the parents' ability to care for their children. DCS had previously removed the children from their home due to allegations of neglect and substance abuse. However, the court found that the parents had made significant progress and that the evidence did not support DCS's claim that the parents could not provide proper care.

Background

Leonard U. and Chantal N. are originally from the Congo and immigrated to the United States as refugees in 2016. They speak Kinyarwanda and Swahili and have limited formal education. Their children, M.G., S.R., and J.N., were born in the U.S. after the family's arrival. Concerns about the children's safety were first reported to DCS in 2018, with several unsubstantiated reports regarding supervision and neglect.

In November 2021, DCS removed the children from the parents' custody after finding that the home environment was unsafe and that the parents were not providing adequate supervision. The children were placed in non-relative kinship foster care. The court later found the children dependent and allowed for a case plan aimed at family reunification.

In April 2022, the children were returned to their parents under a safety plan that required supervision. However, by January 2024, the children were removed again after an incident where one child was found unsupervised outside. Following this, DCS requested to change the case plan to “Severance and Adoption,” citing ongoing concerns about the parents' ability to care for the children.

The Ruling

On May 1, 2026, the juvenile court denied DCS's motion to terminate the parental rights of Leonard and Chantal. The court found that DCS had not proven that Father would be unable to provide proper care for the children with an appropriate safety plan in place. The ruling stated, “DCS did not carry its burden that Father will not be able to provide proper and effective parental care and control for the . . . three children, with the implementation of an appropriate safety plan.”

Presiding Judge Andrew M. Jacobs, along with Judges Daniel J. Kiley and Randall M. Howe, emphasized that reasonable evidence supported the juvenile court's decision. The court noted that while DCS had concerns about the parents' ability to care for the children, the testimony presented indicated that with the right support, Father could provide adequate supervision.

Impact

This ruling has significant implications for the family and similar cases. It highlights the court's preference for family reunification when possible, especially when parents demonstrate a willingness to improve their circumstances. The decision also underscores the importance of safety plans in child welfare cases, allowing for the possibility of parental rights being maintained despite past issues.

The ruling affirms that DCS must provide clear and convincing evidence to terminate parental rights. The court's decision indicates that parents can regain custody if they can show they are capable of providing a safe environment for their children, particularly with the support of extended family or other responsible adults.

What's Next

While the ruling from the Arizona Court of Appeals is final, DCS may consider its options for further action. However, there is no indication that the case will be appealed further. The court's decision stands as a reminder of the balance between child safety and the rights of parents to maintain their family connections.