ICWA Guide Online | Resources by State | Arizona | Court Rules17B A.R.S. Juv.Ct.Rules of Proc., Rule 63.2 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 63.2. Initial Successor Permanent Guardianship Hearing
A. Purpose. At the initial successor permanent guardianship hearing, the court shall determine whether service has been completed, whether notice of the hearing has been provided to those persons identified pursuant Rule 63.1(C) and the parent or Indian custodian and the child's tribe and whether the parent, guardian or Indian custodian admits, denies or does not contest the allegations contained in the motion for appointment of a successor permanent guardian.
B. Burden of Proof. The moving party has the burden of proving the allegations contained in the motion by clear and convincing evidence.
C. Procedure. At the initial successor permanent guardianship hearing, the court shall:
1. Inquire if any party has reason to believe that the child at issue is subject to the Indian Child Welfare Act;
2. Determine whether notice of the hearing has been provided to those persons identified in Rule 63.1(C) in addition to the parent, Indian custodian and the child's tribe.
D. Considerations. If the child is at least twelve years of age, the court shall consider the child's objection and may consider the child's wishes to the proposed successor permanent guardian.
E. Findings and Orders. At the hearing, if the court finds that the movant has met its burden of proof that the proposed successor permanent guardian is suitable to assume the responsibilities of permanent guardian and that appointment would be in the child's best interests, the court shall grant the motion, terminate the appointment of the current permanent guardian and appoint the proposed successor permanent guardian as permanent guardian of the child. At the hearing, the court may enter any orders as may be necessary for the safety and well-being of the child, including:
1. Appointing the proposed successor permanent guardian as a provisional permanent guardian of the child for a period not to exceed nine months and setting a hearing to determine whether the appointment should be made permanent;
2. Directing the Department of Economic Security to monitor the placement during the period of provisional appointment and to provide necessary services to support the provisional placement, including assisting the provisional permanent guardian to make an application for guardianship subsidy and other available benefits;
3. If the court enters an order appointing a successor permanent guardian, the court shall set a review hearing within one year after the appointment and may order the Department of Economic Security or an agency to conduct an investigation and submit a written report before the hearing;
4. The order appointing the successor permanent guardian may provide for contact between the child and the natural or adoptive parents, siblings and other relatives or kin if contact is in the child's best interests. The court may order the parent to contribute to the support of the child and to pay any costs for visitation to the extent it finds the parent able to contribute;
5. If the motion to appoint a successor permanent guardian does not comply with law, or if the court does not appoint a provisional or permanent successor permanent guardian, the court may order the Department of Economic Security or the child's attorney to file a dependency petition regarding the child and may enter temporary orders that are necessary for the safety and well-being of the child. In that case, the court may direct the Department of Economic Security not to provide reunification services to the child's parents unless the court finds by clear and convincing evidence that it would be in the child's best interests and shall provide direction unless such services are required.
Added as Rule 62.1 and effective on an emergency basis Sept. 26, 2008. Adopted on a permanent basis, renumbered as Rule 63.2 and amended Sept. 3, 2009, effective Jan. 1, 2010.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 63.2, AZ ST JUV CT Rule 63.2
Current with amendments received through 5/
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