17B A.R.S. Juv.Ct.Rules of Proc., Rule 63.1 Arizona Revised Statutes Annotated Currentness

Rules of Procedure for the Juvenile Court (Refs & Annos)
Part III. Dependency, Guardianship and Termination of Parental Rights
4. Permanent Guardianship and Successor Permanent Guardianship

Rule 63.1. Motion, Notice of Hearing, Service of Process and Orders for Successor Permanent Guardianship

A. Motion. If a permanent guardian appointed pursuant to A. R.S. § 8-872 is unable or unwilling to continue to serve as permanent guardian, the permanent guardian, the Department of Economic Security or any interested party may file a motion for appointment of a successor permanent guardian. The motion shall be verified by the person filing the motion and shall contain all information required by law, including the name, sex, address and date and place of birth of each child who is the subject of the motion; the name and address of the permanent guardian; the reason why the permanent guardian is no longer able or willing to serve as permanent guardian of the child; and the name and address of the proposed successor permanent guardian, if any.

B. Affidavit. If the motion identifies a proposed successor permanent guardian, the motion shall be accompanied by an affidavit by the proposed successor permanent guardian that includes the information required by law, including the relationship between the proposed successor permanent guardian and the child and the proposed successor permanent guardian's agreement to assume the duties and responsibilities of permanent guardian, including compliance with all court orders.

C. Notice. The court shall order the person filing the motion to give notice of the hearing and to provide a copy of the motion together with the court's temporary orders to the permanent guardian, the Department of Economic Security, the child's attorney, the child's parents and any other interested person as ordered by the court. The person filing the motion shall provide notice by first class mail unless the court orders that notice be given by other means. If the child is subject to the Indian Child Welfare Act of 1978, the person filing the motion shall provide notice pursuant to 25 U.S.C. § 1912, to the Indian parent, the Indian custodian and the child's tribe. If the identity or location of the Indian child's parent cannot be determined, the person filing the motion shall provide notice to the U.S. Secretary of the Interior pursuant to 25 U.S.C. § 1912.

D. Procedure and Orders. Upon the filing of a motion for successor permanent guardianship, the court shall:

1. Set a date for an initial successor permanent guardianship hearing within thirty days after the motion is filed;

2. Appoint counsel for the proposed successor guardian if such appointment is appropriate pursuant to Rule 38(B);

3. Appoint counsel for the child if a guardian ad litem has not been appointed;

4. Enter any appropriate temporary orders which may include:

a. Placing the child in the temporary custody of an individual, agency or the Department of Economic Security and directing the Department of Economic Security to provide services necessary for the safety and well-being of the child;

b. Directing the Department of Economic Security to complete a criminal records check and home study to determine the suitability of the proposed successor permanent guardian to serve as the permanent guardian of the child;

c. Directing the Department of Economic Security to conduct an investigation to determine whether dependency proceedings should be initiated.

CREDIT(S)

Added as Rule 61.1 and effective on an emergency basis Sept. 26, 2008. Adopted on a permanent basis, renumbered as Rule 63.1 and amended Sept. 3, 2009, effective Jan. 1, 2010.

17B A. R. S. Juv. Ct. Rules of Proc., Rule 63.1, AZ ST JUV CT Rule 63.1

Current with amendments received through 5/ 15/ 11                                


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