Pima County Juvenile Action No. 18635 v. Fisher ( 1980 )

CAMERON, Justice,

dissenting.

I dissent from that portion of the opinion which directs the trial judge to “take all necessary and immediate measures to secure the return of petitioner to the physical custody of the foster parents.” This minor child was placed with the Burrises in New Mexico in December of 1979 and has been with them since that time. She is six years of age and, I assume, is presently in school.

There is nothing in our opinion which prevents the Juvenile Judge of Pima County, after a proper hearing, from placing this child again with the Burris family in New Mexico. I believe that it is insensitive to the child’s well-being to withdraw her from school and from a family to whom she may have grown attached so that she can attend a hearing in Tucson. I agree that a hearing should be held as soon as possible, but the child need not be present at that hearing.

Whatever the error in placing the child with the Burrises, it should not be compounded by bringing her back to the custody of foster parents until such time as it appears that such action will be in the best interests of the child. This court should not be in the position of punishing the child for the errors of the trial judge.