Orfaly v. Tucson Symphony Society

1 Christy A. ("Mother") appeals from the juvenile courts order denying her motion to set aside the entry of default and default judgment terminating her parent-child relationship with Courtney A. and Billy A. (collectively "the children") pursuant to Arizona Revised Statutes ("A.R.S.") section 8-533(B)(8)(a)-(b) (2007), the provisions permitting severance based on nine-month and fifteen-month out-of-home placement. Mother argues that the court (1) abused its discretion in denying her motion to set aside the entry of default and default judgment, (2) denied her due process by excluding her from the evidentiary adjudication hearing, (3) denied her effective assistance of counsel by conducting that adjudication hearing in absence of counsel, and (4) denied her due process by advising Arizona Department of Economic Security ("ADES") of the appropriate procedure to use in responding to a potential motion to set aside judgment. For the following reasons, we affirm in part, vacate in part, and remand for further proceedings consistent with this decision.