In Re Appeal In Juvenile Action No. Js-2085

The procedural facts framing the issue on appeal reflect that on March 10, 1980, after making the requisite jurisdictional finding determining that the juveniles natural mother and father had abandoned the child for more than six months and concluding that termination of parental rights was authorized by A.R.S. § 8-533(1), the Maricopa County Juvenile Court issued its minute-entry order terminating appellants parental rights. A formal written order conforming to the minute entry was lodged with the court by appellants counsel on March 17, 1980, and was approved, signed and filed on March 31, 1980. Appellants notice of appeal was then filed on April 2, 1980, appealing from the "March 17, 1980" order. Under these time frames, if the 1979 amendment to A.R.S. § 8-236 is valid, the March 10, 1980, minute-entry order was an appealable order and the April 2, 1980, notice of appeal was filed well beyond the fifteen-day time limit provided by Rule of Procedure for Juvenile Courts 25. By contrast, if the statute is invalid, Arizona Rule of Civil Appellate Procedure 9(a) would apply and the notice of appeal would have been filed well within the thirty-day time period which began with the signing and filing of the March 31, 1980, formal written order.