Juv. Ct. R.P. 8

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part I. General Provisions


Rule 8. Applicability of the Indian Child Welfare Act


A. The Indian Child Welfare Act, 25 U.S.C. 1901 et seq., shall not apply to delinquency, incorrigibility or transfer proceedings involving an Indian child.


B. Incorporation.  All provisions of the Indian Child Welfare Act shall be incorporated by reference, including any amendments to the Act.


C. Findings.  The court shall make all findings pursuant to the standards and burdens of proof as required by the Indian Child Welfare Act.

 


 

Juv. Ct. R.P. 37

 

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part III. Dependency, Guardianship and Termination of Parental Rights

2. General Provisions


Rule 37. Definitions


A. Parties. Reference to a party to the action means a child, parent, guardian, the Arizona Department of Economic Security or petitioner, and any person or entity who has been permitted to intervene pursuant to Rule 24, Ariz. R. Civ. P., or the Indian Child Welfare Act.


B. Participants. Participants shall include foster parents and any other person permitted by the court or authorized by law to participate in the proceedings. Participants shall be notified of all applicable proceedings, as required by law or ordered by the court.


C. Definitions and Mandatory Placement Preferences pursuant to the Indian Child Welfare Act, 25U.S.C. 1903 and 1915:


1. Parent. The term parent means any biological parent of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. It does not include the unwed father where paternity has not been acknowledged or established.


2. Indian Child. The term Indian child means any unmarried person under the age of eighteen (18) and who is either a member of an Indian tribe or is eligible for membership in an Indian tribe and is the biological child of a member of the Indian tribe. The findings and elevated burden of proof required by the Indian Child Welfare Act shall not apply until the court finds that the child is either a member of an Indian tribe or is eligible for membership in an Indian tribe and is the biological child of a member of the Indian tribe.


3. Indian Child's Tribe. The term Indian child's tribe means the Indian tribe in which an Indian child is a member or eligible for membership or, in the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contacts.


4. Indian Custodian. The Indian custodian means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law, or to whom temporary physical care, custody and control has been transferred by the parent of the child.


5. Indian Tribe. Indian tribe means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaska Native village as defined in 43 U.S.C. 1602(c).


6. Extended Family Member. The term extended family member means a person as defined by law or custom of the Indian child's tribe, or, in the absence of such law or custom, means a person who has reached the age of eighteen (18) and who is the Indian child's grandparent, aunt or uncle, sister or brother, sister-in-law or brother-in-law, niece or nephew, first or second cousin, or step-parent.


7. Foster Care or Preadoptive Placement Preferences. Any child accepted for foster care or preadoptive placement shall be in the least restrictive setting which most approximates a family and in which the child's special needs, if any, may be met. The child shall be placed within a reasonable proximity to the child's home, taking into account any special needs of the child. In any foster care or preadoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with:


a. A member of the Indian child's extended family;


b. A foster home licensed, approved or specified by the Indian child's tribe;


c. An Indian foster home licensed or approved by an authorized non-Indian licensing authority; or


d. An institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the child's needs.


CREDIT(S)


Added Oct. 27, 2000, effective Jan. 1, 2001. Amended Jan. 20, 2006, effective July 1, 2006.

 


 

Juv. Ct. R.P. 38


17B A.R.S. Juv.Ct.Rules of Proc., Rule 38 Arizona Revised Statutes Annotated Currentness

Rules of Procedure for the Juvenile Court (Refs & Annos)
Part III. Dependency, Guardianship and Termination of Parental Rights
2. General Provisions

Rule 38. Assignment, Appointment of Counsel

A. Assignment of Counsel. Counsel shall be assigned to represent those persons entitled to counsel as provided by law and the Indian Child Welfare Act, from the filing of a dependency petition through the preliminary protective hearing until the court formally appoints counsel or otherwise relieves assigned counsel. The attorney for a child shall meet with the child before the preliminary protective hearing, if possible, or if not possible, within fourteen (14) days after the preliminary protective hearing. The attorney for the child shall also meet with the child before all substantive hearings. Upon a showing of extraordinary circumstances, the judge may modify this requirement for any substantive hearing. Assigned counsel is not counsel of record for purposes of accepting service of process for a parent, guardian or Indian custodian who does not appear for the preliminary protective hearing.

B. Appointment of Counsel. The court shall order the appointment of counsel for those persons entitled to counsel and determined to be indigent, as provided by law. In determining whether a person is indigent, the court shall order the person to provide proof of financial resources by filing a financial questionnaire provided by the court. The court may question the person under oath. If the court determines the person is not indigent the court may order the person to pay a reasonable portion of the cost of counsel or deny the request for appointment of counsel.

C. Manner of Appointment. If the court enters an order appointing or denying counsel, a copy of the order or minute entry shall be provided to the parties.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended June 30, 2010, effective on an emergency basis July 29, 2010.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

17B A. R. S. Juv. Ct. Rules of Proc., Rule 38, AZ ST JUV CT Rule 38

Current with amendments received through 5/15/11    

 

Juv. Ct. R.P. 40

17B A.R.S. Juv.Ct.Rules of Proc., Rule 40

 
Arizona Revised Statutes Annotated Currentness
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part III. Dependency, Guardianship and Termination of Parental Rights
2. General Provisions

 

Rule 40. Appointment of Guardian Ad Litem

A. The court may appoint a guardian ad litem to protect the interest of the child. The guardian ad litem may be an attorney, volunteer special advocate or other qualified person. The guardian ad litem shall meet with the child before the preliminary protective hearing, if possible, or if not possible, within fourteen (14) days after the preliminary protective hearing. The guardian ad litem shall also meet with the child before all substantive hearings. Upon a showing of extraordinary circumstances, the judge may modify this requirement for any substantive hearing.

B. In any proceeding where a parent, guardian or Indian custodian is under eighteen (18) years of age, the court may appoint a guardian ad litem to protect the interests of such parent.

C. If the court has reason to believe a parent, guardian or Indian custodian may be incompetent, the court shall appoint a guardian ad litem to conduct an investigation and report to the court as to whether the parent, guardian or Indian custodian may be incompetent and in need of protection. The court shall conduct hearings and enter orders as determined to be necessary to protect the interests of the parent, guardian or Indian custodian.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended June 30, 2010, effective on an emergency basis July 29, 2010.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

Current with amendments received through 5/15/11

 

Juv. Ct. R.P. 48

 

17B A.R.S. Juv.Ct.Rules of Proc., Rule 48 Arizona Revised Statutes Annotated Currentness

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

Rule 48. Petition, temporary orders and findings, notice of hearing, and service of process

A. Petition.  A dependency petition invokes the authority of the court to act on behalf of a child who is alleged to be a dependent child.   A petition on behalf of a dependent child shall be generally in the form and contain the information required by law.  The action shall be captioned, "In the Matter of __________ a person under the age of 18 years," may be based upon information and belief and shall state whether the child is an Indian child as defined by the Indian Child Welfare Act.   The petitioner shall indicate a request for in-home intervention by including the words "In-home intervention requested" in parentheses below the words "Dependency Petition."

B. Temporary orders and findings. When the interests of the child require immediate action, upon the filing of a petition under oath, the court may enter an order making the child a temporary ward of the court pending the hearing, which shall be scheduled at that time. Upon the filing of a petition, the court may issue temporary orders necessary to provide for the safety and welfare of the child, shall make determinations required by Rule 47.1 and shall make findings as required by law.

C. Notice of hearing. In addition to information required by law, the notice of hearing shall advise the parent, guardian or Indian custodian that failure to appear, without good cause shown, may result in a finding that the parent, guardian or Indian custodian has waived legal rights and is deemed to have admitted the allegations in the petition. The notice shall state that the hearings may go forward in the absence of the parent, guardian or Indian custodian and may result in an adjudication of dependency, the termination of parental rights or the establishment of a permanent guardianship based upon the record and evidence presented. The notice of hearing shall also advise of the right to make a request or motion prior to any hearing, that the hearing be closed to the public.

D. Service of petition. The petitioner shall serve a copy of the petition, notice of hearing and temporary orders upon those persons as required by law. The petitioner shall provide any parent, guardian or Indian custodian appearing at the preliminary protective hearing with a copy of the petition, notice of hearing and temporary orders which shall constitute service, as provided by law. Otherwise, the petition, notice of hearing and temporary orders shall be served in the manner provided for in Rules 4.1 or 4.2, Arizona Rules of Civil Procedure. Except for service of process that occurs at the preliminary protective hearing or the execution of an acceptance of service and waiver, service of process shall be completed no less than five (5) days prior to the court hearing. In dependency proceedings:

1. References to service of summons are inapplicable since no summons is issued;

2. Reference to plaintiff shall mean the petitioner;

3. Reference to defendant shall mean the respondent or respondents;

4. No responsive pleading to the petition is required. A party served shall appear and answer at the time and place indicated on the notice of hearing and temporary orders served with the petition;

5. Service of process within Arizona by mail shall be as follows: When the address of a person who resides outside the county is known, the person may be served by depositing a copy of the petition, notice of hearing and temporary order in the post office, postage prepaid, to be sent to the person to be served by any form of mail requiring a signed and returned receipt. Service by mail pursuant to this section and the return may be made by the party procuring service or by that party's attorney. Upon receipt through the post office of the signed receipt, the serving party shall file an affidavit with the court stating:

a. The circumstances warranting the utilization of service by mail;

b. That copies of the petition, notice of hearing and temporary orders were dispatched to the person being served;

c. That the copies were in fact received by the person to be served as evidenced by the receipt, a copy of which shall be attached to the affidavit; and

d. The date of receipt by the party being served and the date the receipt was received by the sender.

The affidavit shall be prima facie evidence of personal service of the petition, notice of hearing and temporary orders, and service shall be deemed complete from the date of receipt by the party being served, provided that such completion is no less than five (5) days prior to the hearing and that the affidavit required by this section has been filed prior to or at the time of hearing.

6. Otherwise, service of process within Arizona shall be pursuant to Rule 4.1, Ariz. R. Civ. P., paragraphs (d) Service of Summons Upon Individuals, (g) Service of Summons Upon Incompetent Person, (m) Alternative or Substituted Service or (n) Service by Publication and Return;

7. Service upon conservator for a minor. If a conservator has been appointed for the child, the conservator shall be served pursuant to Rule 4.1, Ariz. R. Civ. P;

8. Service of process outside the state shall be pursuant to Rule 4.2, Arizona Rules of Civil Procedure paragraphs (a) Extraterritorial Jurisdiction and Personal Service Out of State, (b) Direct Service, (c) Service by Mail and Return, (f) Service by Publication and Return, (i) Service Upon Individuals in a Foreign Country or (j) Service Upon Minors and Incompetent Persons in a Foreign country; and

9. If the petition alleges or the court has reason to believe the child at issue is an Indian child as defined by the Indian Child Welfare Act, in addition to service of process as required by these rules, notification shall be given to the parent, Indian custodian and child's tribe. Notice shall be provided by registered mail with return receipt requested. If the identity or location of the parent or Indian custodian cannot be determined, notice shall be given to the Secretary of the Interior by registered mail and the Secretary of the Interior shall have fifteen (15) days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe. The notice shall advise the parent or Indian custodian and the tribe of their right to intervene. No hearing shall be held until at least ten (10) days after receipt of notice by the parent or Indian custodian and the tribe or the Secretary. The court shall grant up to twenty (20) additional days to prepare for the hearing if a request is made by the parent or Indian custodian or the tribe.

10. The parent, Indian custodian or the child's tribe may waive the ten (10) day notice requirement, pursuant to the Indian Child Welfare Act, for purposes of proceeding with the preliminary protective hearing within the time limit as provided by state law.

E. Amended petitions. A petition may be amended by the petitioner upon order of the court not less than thirty (30) days prior to trial unless good cause is shown. A motion to amend shall accompany the amended petition and the amended petition shall be served pursuant to paragraph (D) of this rule. Petitions amended to add allegations against a parent not set forth in the original petition shall be served pursuant to Rule 5(c) Ariz. R. Civ. P.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended on emergency basis effective Jan. 31, 2002. Adopted in final form, effective May 31, 2002. Amended and effective on an emergency basis Jan. 26, 2004. Amended and effective June 8, 2004. Amended Jan. 20, 2006, effective July 1, 2006; Dec. 8, 2006, effective Jan. 1, 2007. Amended and effective Sept. 2, 2010.

COMMITTEE COMMENT

It was the determination of the committee that a provision permitting the parent, Indian custodian or the child's tribe to waive the ten (10) day notice requirement is not in conflict with the Indian Child Welfare Act and is reflective of current practice in some counties. Some of the tribes currently waive time in order to permit the preliminary protective hearing to proceed within the statutory time limits if the tribe is provided with sufficient information concerning the case in advance of the hearing. It is the belief of the committee that the inclusion of the waiver provision is necessary to ensure timely disposition of cases without interfering with the rights afforded the parent, Indian custodian or the tribe pursuant to the Indian Child Welfare Act.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

HISTORICAL NOTES

[Editor's Note] It was further ordered in the January 26, 2004 order that the changes shall be circulated for public comment, and that the comments shall be filed in the Supreme Court Clerk's Office on or before April 2, 2004. Approved June 8, 2004 on a permanent basis.

17B A. R. S. Juv. Ct. Rules of Proc., Rule 48, AZ ST JUV CT Rule 48

Current with amendments received through 5/15/11                      

Juv. Ct. R.P. 50

 

17B A.R.S. Juv.Ct.Rules of Proc., Rule 50
Arizona Revised Statutes Annotated Currentness
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part III. Dependency, Guardianship and Termination of Parental Rights
3. Dependency

Rule 50. Preliminary Protective Hearing

A. Purpose. At the preliminary protective hearing, the court shall determine whether continued temporary custody of the child is necessary and shall enter appropriate orders as to custody, placement, visitation and the provision of services to the child and family.

B. Procedure. At the preliminary protective 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. Appoint counsel pursuant to Rule 38(B);

3. Determine whether service has been completed pursuant to Rule 48 or waived as to each party;

4. Identify all documents the court has received and will consider;

5. Review any agreements or stipulations reached at the pre-hearing conference to determine whether the agreement gives paramount consideration to the health and safety of the child. The court may approve or modify any agreements reached by the parties and enter orders as appropriate;

6. Conduct a review of temporary custody as set forth in Rule 51 if no agreement as to placement has been approved by the court;

7. Conduct the initial dependency hearing as set forth in Rule 52 for any party who is present and has been served. The court shall set a continued initial hearing as to any party who was not served and did not appear;

8. Determine whether a proposed case plan for services has been submitted and is appropriate;

9. Determine whether the Arizona Department of Economic Security has made arrangements for the assembly of the medical records of the child, a medical assessment of the child, the implementation of referrals and the communication of recommendations and results, as provide by law;

10. Make any determinations required by Rule 47.1;

11. Inform a foster parent, pre-adoptive parent or a member of the child's extended family with whom the department has placed the child of the right to be heard in any proceeding to be held with respect to the child; and

12. Notify a relative identified as a possible placement for the child of the right to be heard in any proceeding to be held with respect to the child.

C. Findings and orders. All findings and orders, including any agreements reached by the parties shall be in the form of a signed order or contained in a minute entry, and shall be provided to the parties at the conclusion of the hearing. The court shall:

1. Make findings and enter orders regarding temporary custody as required by law and Rule 51;

2. Make findings and enter orders as required by Rule 52(D);

3. Order the petitioner to obtain verification of the child's Indian status from the child's Indian tribe or from the United States Department of Interior, Bureau of Indian Affairs, if the court has reason to believe the child is an Indian child;

4. Make findings and enter orders regarding services for the child and family, including visitation, as required by law;

5. Address the parent, guardian, or Indian custodian in open court and advise the parent, guardian or Indian custodian that failure to attend the pretrial conference, the settlement conference or the dependency adjudication hearing, without good cause shown, may result in a finding that the parent, guardian or Indian custodian has waived legal rights and is deemed to have admitted the allegations in the dependency petition. The court shall advise the parent, guardian or Indian custodian that the hearings may go forward in the absence of the parent, guardian or Indian custodian and may result in a finding of dependency based upon the record and evidence presented. The court shall also inform the parent that substantially neglecting or willfully refusing to remedy the circumstances that cause the child to be in an out-of-home placement, including refusing to participate in reunification services, is grounds for termination of parental rights to a child. The court shall make specific findings that it advised the parent, guardian or Indian custodian of the consequences of failure to attend subsequent proceedings and participate in reunification services. The court may provide the parent, guardian or Indian custodian with a copy of Form 1, request that the parent, guardian or Indian custodian sign and return a copy of the Form, and note on the record that the Form was provided;

6. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act, including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences; and

7. Order the parent or guardian to provide the court with the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child unless the parent or guardian informs the court that there is not sufficient information available to locate a relative or person with a significant relationship with the child. The court shall further order the parent or guardian to inform the department immediately if the parent or guardian becomes aware of new information related to the existence or location of a relative or person with a significant relationship to the child.

8. Make findings and enter any other orders as may be appropriate or required by law, including the preparation of a disposition report as required in Rule 56.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended and effective on an emergency basis Jan. 26, 2004. Amended and effective June 8, 2004. Amended Jan. 20, 2006, effective July 1, 2006. Amended and effective on an emergency basis Sept. 26, 2008. Amended and effective on an emergency basis Sept. 30, 2009. Adopted on a permanent basis and amended Sept. 3, 2009, effective Jan. 1, 2010. Amended June 30, 2010, effective on an emergency basis July 29, 2010. Amended and effective on a permanent basis, Sept. 2, 2010.

COMMITTEE COMMENT

It is the recommendation of the committee that, in addition to the admonition set forth in this rule, the court should consider providing the parent, guardian or Indian custodian with a written copy of the admonition in order to protect the due process rights of the parent, guardian or Indian custodian. See Form 1.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

HISTORICAL NOTES

[Editor's Note] It was further ordered in the January 26, 2004 order that the changes shall be circulated for public comment, and that the comments shall be filed in the Supreme Court Clerk's Office on or before April 2, 2004. Approved June 8, 2004 on a permanent basis.

17B A. R. S. Juv. Ct. Rules of Proc., Rule 50, AZ ST JUV CT Rule 50

Current with amendments received through 5/15/11                                

 


Juv. Ct. R.P. 52

 

17B A.R.S. Juv.Ct.Rules of Proc., Rule 52 Arizona Revised Statutes Annotated Currentness

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

Rule 52. Initial dependency hearing

A. Purpose. At the initial dependency hearing, the court shall determine whether service has been completed and whether the parent, guardian or Indian custodian admits, denies or does not contest the allegations contained in the dependency petition.

B. Time limits. The initial hearing shall be held at the time of the preliminary protective hearing if the parent, guardian or Indian custodian appears or within twenty-one (21) days of the filing of the petition. If service by publication is required, the initial hearing shall be held no sooner than ten (10) days following the completion of service.

C. Procedure. At the initial 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. Appoint counsel pursuant to Rule 38(B);

3. Determine whether service of process has been completed pursuant to Rule 48 or waived as to each party;

4. Advise the parent, guardian or Indian custodian of their rights as follows:

a. The right to counsel, including court appointed counsel if the parent, guardian or Indian custodian is indigent;

b. The right to cross examine all witnesses who are called to testify against the parent, guardian or Indian custodian;

c. The right to trial by the court on the allegations in the dependency petition;

d. The right to use the process of the court to compel the attendance of witnesses; and

e. The right to request prior to the hearing that any hearing be closed to the public.

5. Determine whether paternity has been established as to any father and take testimony from the mother concerning the identity and location of any potential father; and

6. Inquire of the parent, guardian or Indian custodian whether they wish to admit, deny or not contest the allegations contained in the dependency petition.

a. Admission/No contest. If the parent, guardian or Indian custodian admits or does not contest the allegations in the petition, the court shall proceed with the dependency adjudication hearing pursuant to Rule 55 and set or conduct a disposition hearing pursuant to Rule 56.

b. Denial. If the parent, guardian or Indian custodian denies the allegations contained in the petition, the court shall set a settlement conference, pretrial conference or mediation and continue the child as a temporary ward of the court pending adjudication.

c. Failure to appear. If the parent, guardian or Indian custodian fails to appear at the initial hearing without good cause shown, and the court finds the parent, guardian or Indian custodian had notice of the hearing, was properly served pursuant to Rule 48, and that the notice of hearing advised the parent, guardian or Indian custodian regarding the consequences of failure to appear, including a warning that the hearing could go forward in the absence of the parent, guardian or Indian custodian, and that failure to appear may constitute a waiver of rights and an admission to the allegation contained in the dependency petition, the court may adjudicate the child dependent if the petitioner has established grounds upon which to adjudicate the child dependent, based upon the record and evidence presented. The court shall enter findings and orders pursuant to Rule 55.

D. Findings and Orders. All findings and orders shall be in the form of a signed order or contained in a minute entry. At the conclusion of the initial hearing the court shall:

1. Enter findings as to notification and service upon the parties and the court's jurisdiction over the subject matter and persons before the court;

2. Order the petitioner to effectuate service by publication if the requirements of Rules 4.1(n) or 4.2(f), Ariz. R. Civ. P. are established, and it appears that the party cannot reasonably be located;

3. Order the petitioner to obtain verification of the child's Indian status from the child's Indian tribe or from the United States Department of Interior, Bureau of Indian Affairs, if there is reason to believe the child is an Indian child;

4. Order that paternity be established, through paternity testing or authorize the execution of affidavits of paternity, as to any alleged father;

5. Set a continued initial hearing as to any party who was not served and did not appear;

6. Affirm prior orders making the child a temporary ward of the court;

7. Set a settlement conference, a pretrial conference or order the parties to attend mediation;

8. Address the parent, guardian or Indian custodian in open court and advise the parent, guardian or Indian custodian that failure to attend the pretrial conference, the settlement conference or the dependency adjudication hearing, without good cause shown, may result in a finding that the parent, guardian or Indian custodian has waived legal rights and is deemed to have admitted the allegations in the dependency petition. The court shall advise the parent, guardian or Indian custodian that the hearings may go forward in the absence of the parent, guardian or Indian custodian and may result in a finding of dependency based upon the record and evidence presented. The party shall also be advised that failure to participate in reunification services may result in the termination of parental rights or the establishment of a permanent guardianship of the child. The court shall make specific findings that it advised the parent, guardian or Indian custodian of the consequences of failure to attend subsequent proceedings and participate in reunification services. The court may provide the parent, guardian or Indian custodian with a copy of Form 1, request that the parent, guardian or Indian custodian sign and return a copy of the Form, and note on the record that the Form was provided;

9. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act, including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences; and

10. Order the parent or guardian to provide the court with the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child unless the parent or guardian informs the court that there is not sufficient information available to locate a relative or person with a significant relationship with the child. The court shall order the parent or guardian to inform the department immediately if the parent or guardian becomes aware of new information related to the existence or location of a relative or person with a significant relationship with the child.

11. Make findings and enter any other orders as may be appropriate or required by law, including the preparation of a disposition report as required in Rule 56.

E. Continuance. The court may continue the initial dependency hearing, upon a showing of good cause, for reasons which may include:

1. Service of process and/or notification pursuant to the Indian Child Welfare Act has not been completed as to the parties;

2. Additional time is requested by the child's tribe or if additional time is required to comply with the requirements of the Indian Child Welfare Act; or

3. Additional time is required to obtain and/or consult with counsel and the best interests of the child would not be adversely affected.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended and effective on an emergency basis Jan. 26, 2004. Amended Jan. 20, 2006, effective July 1, 2006; Dec. 8, 2006, effective January 1, 2007; amended and effective on an emergency basis Sept. 30, 2009; amended Sept. 3, 2009, effective Jan. 1, 2010. Amended June 30, 2010, effective on an emergency basis July 29, 2010. Amended and effective on a permanent basis, Sept. 2, 2010. Amended and effective Sept. 2, 2010.

COMMITTEE COMMENT

See comment to Rule 50.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

HISTORICAL NOTES

[Editor's Note] It was further ordered in the January 26, 2004 order that the changes shall be circulated for public comment, and that the comments shall be filed in the Supreme Court Clerk's Office on or before April 2, 2004. Approved June 8, 2004 on a permanent basis.

17B A. R. S. Juv. Ct. Rules of Proc., Rule 52, AZ ST JUV CT Rule 52

Current with amendments received through 5/15/11                                

Juv. Ct. R.P. 53

 

17B A.R.S. Juv.Ct.Rules of Proc., Rule 53 Arizona Revised Statutes Annotated Currentness

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

Rule 53. Settlement Conference

A. Purpose. A settlement conference may be held for the purpose of identifying and resolving issues in a non-adversarial manner. In order to facilitate the conference, counsel shall meet with their clients prior to the conference.

B. Settlement Conference Memorandum. At least five days prior to the settlement conference, each party shall provide the court with a confidential settlement conference memorandum, which shall address the following:

1. A general description of the issues to be litigated and the position of each party with respect to each issue;

2. A general description of the evidence to be presented by each party;

3. A summary of any attempts to settle the matter;

4. An assessment by each party of the anticipated result if the matter did proceed to trial; and

5. Any other information a party believes would be helpful to the settlement process, including acceptable settlement proposals.

C. Procedure.

1. The assigned trial judge shall only participate in settlement discussions with the consent of the parties. In all other cases, the discussions shall be held before another judicial officer.

2. Statements made in the course of settlement negotiations shall not be used in future hearings, except as permitted by Rule 408, Ariz. Rules of Evidence;

3. The court may engage in ex parte communications with the consent of all those participating in the conference; and

4. If the parties are unable to reach agreement as to all issues, the parties shall advise the court of those issues which will be litigated and the time needed to conduct the dependency adjudication hearing.

D. Findings and Orders. All findings and orders shall be in the form of a signed order or contained in a minute entry. At the conclusion of the settlement conference, the court may:

1. Adjudicate the child dependent and enter findings and orders pursuant to Rule 55 and set or conduct a disposition hearing pursuant to Rule 56, if the court finds the parent, guardian or Indian custodian admits or does not contest that the child is dependent;

2. Adjudicate the child dependent and enter findings and orders pursuant to Rule 55 and set or conduct a disposition hearing pursuant to Rule 56 if the court finds that the parent, guardian or Indian custodian failed to appear at the settlement conference without good cause shown, had notice of the hearing, was properly served pursuant to Rule 48 and had been previously admonished regarding the consequences of failure to appear, including a warning that the hearing could go forward in the absence of the parent, guardian or Indian custodian and that failure to appear may constitute a waiver of rights and an admission to the allegations contained in the dependency petition. The court may adjudicate the child dependent based upon the record and evidence presented if the petitioner has established grounds upon which to adjudicate the child dependent;

3. Set a dependency adjudication hearing and may set a pretrial conference if the parties are unable to reach agreement;

4. Address the parent, guardian or Indian custodian in open court and advise the parent, guardian or Indian custodian that failure to attend the pretrial conference or the dependency adjudication hearing, without good cause shown, may result in a finding that the parent, guardian or Indian custodian has waived legal rights and is deemed to have admitted the allegations in the dependency petition. The court shall advise the parent, guardian or Indian custodian that the hearings may go forward in the absence of the parent, guardian or Indian custodian and may result in a finding of dependency based upon the record and evidence presented. The party shall also be advised that failure to participate in reunification services may result in the termination of parental rights or the establishment of a permanent guardianship of the child. The court shall make specific findings that it advised the parent, guardian or Indian custodian of the consequences of failure to attend subsequent proceedings and participate in reunification services. The court may provide the parent, guardian or Indian custodian with a copy of Form 1, request that the parent, guardian or Indian custodian sign and return a copy of the Form, and note on the record that the Form was provided;

5. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act, including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences; and

6. Make findings and enter any other orders as may be appropriate or required by law, including the preparation of a disposition report as required in Rule 56.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended Jan. 20, 2006, effective July 1, 2006; Sept. 3, 2009, effective Jan. 1, 2010.

COMMITTEE COMMENT

See comment to Rule 50.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

17B A. R. S. Juv. Ct. Rules of Proc., Rule 53, AZ ST JUV CT Rule 53

Current with amendments received through 5/15/11                                


Juv. Ct. R.P. 54

 

17B A.R.S. Juv.Ct.Rules of Proc., Rule 54
Arizona Revised Statutes Annotated Currentness
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part III. Dependency, Guardianship and Termination of Parental Rights
3. Dependency

Rule 54. Pretrial conference

A. Purpose. A pretrial conference may be held prior to the dependency adjudication hearing to determine whether the parties are prepared and intend to proceed to trial or whether resolution of remaining issues in a non-adversarial manner is possible and to address any issues raised by the parties. Counsel shall meet with their clients prior to the conference.

B. Procedure.

1. If the parties wish to discuss possible settlement, the court shall conduct a settlement conference pursuant to Rule 53; or

2. If the parties advise the court that the matter will proceed to trial, the parties and the court shall confer to determine:

a. Whether disclosure has been made pursuant to Rule 44(B)(2);

b. The time needed for trial;

c. The scheduling of witnesses;

d. Any other issues raised by the parties as may be appropriate; and

e. Whether the trial will be closed to the public.

f. How a verbatim record of the dependency adjudication hearing will be made.

C. Findings and Orders. All findings and orders shall be in the form of a signed order or contained in a minute entry. At the conclusion of the pretrial conference, the court may:

1. Adjudicate the child dependent and enter its findings and orders pursuant to Rule 55 and set or conduct a disposition hearing pursuant to Rule 56 if the court finds the parent, guardian or Indian custodian admits or does not contest that the child is dependent;

2. Adjudicate the child dependent and enter findings and orders pursuant to Rule 55 and set or conduct a disposition hearing pursuant to Rule 56 if the court finds that the parent, guardian or Indian custodian failed to appear at the pretrial conference without good cause shown, had notice of the hearing, was properly served pursuant to Rule 48 and had been previously admonished regarding the consequences of failure to appear, including a warning that the hearing could go forward in the absence of the parent, guardian or Indian custodian and that failure to appear may constitute a waiver of rights and an admission to the allegations contained in the dependency petition. The court may adjudicate the child dependent based upon the record and evidence presented if the petitioner has established grounds upon which to adjudicate the child dependent;

a. Set a dependency adjudication hearing date if the parties are unable to reach agreement. The court may order the parties to submit individual or joint pretrial statements to each other and the court prior to trial and/or submit proposed findings of fact and conclusions of law. The pretrial statement shall contain the information set forth in Rule 44(B)(2)(a-e).

b. Address the parent, guardian or Indian custodian in open court and advise the parent, guardian or Indian custodian that failure to attend the dependency adjudication hearing, without good cause shown, may result in a finding that the parent, guardian or Indian custodian has waived legal rights and is deemed to have admitted the allegations in the dependency petition. The court shall advise the parent, guardian or Indian custodian that the hearings may go forward in the absence of the parent, guardian or Indian custodian and may result in a finding of dependency based upon the record and evidence presented. The party shall also be advised that failure to participate in reunification services may result in the termination of parental rights or the establishment of a permanent guardianship of the child. The court shall make specific findings that it advised the parent, guardian or Indian custodian of the consequences of failure to attend subsequent proceedings and participate in reunification services. The court may provide the parent, guardian or Indian custodian with a copy of Form 1, request that the parent, guardian or Indian custodian sign and return a copy of the Form, and note on the record that the Form was provided;

c. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act, including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences; and

d. Make findings and enter any other orders as may be appropriate or required by law, including limiting the issues to be litigated at the dependency adjudication hearing and ordering the preparation of a disposition report as required in Rule 56.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended and effective on an emergency basis Jan. 26, 2004. Amended Jan. 20, 2006, effective July 1, 2006; Sept. 18, 2006, effective Jan. 1, 2007; Sept. 3, 2009, effective Jan. 1, 2010. Amended and effective Sept. 2, 2010.

COMMITTEE COMMENT

See comment to Rule 50.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

HISTORICAL NOTES

[Editor's Note] It was further ordered in the January 26, 2004 order that the changes shall be circulated for public comment, and that the comments shall be filed in the Supreme Court Clerk's Office on or before April 2, 2004. Approved June 8, 2004 on a permanent basis.

17B A. R. S. Juv. Ct. Rules of Proc., Rule 54, AZ ST JUV CT Rule 54

Current with amendments received through 5/15/11                               

 


Juv. Ct. R.P. 55

 

17B A.R.S. Juv.Ct.Rules of Proc., Rule 55., Arizona Revised Statutes Annotated Currentness
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part III. Dependency, Guardianship and Termination of Parental Rights
3. Dependency

Rule 55. Dependency Adjudication Hearing

A. Purpose. The court shall conduct the adjudication hearing for the purpose of determining whether the petitioner has met the burden of proving the child dependent.

B. Time Limits. The dependency adjudication hearing shall be completed within ninety (90) days of service of the dependency petition on the parent, guardian or Indian custodian. The court may continue a dependency adjudication hearing beyond the time prescribed by law only upon a finding of extraordinary circumstances. Extraordinary circumstances include but are not limited to acts or omissions that are unforeseen or unavoidable. Any party requesting a continuance shall file a motion for extension of time, setting forth the reasons why extraordinary circumstances exist. The motion shall be filed within five (5) days of the discovery that extraordinary circumstances exist. The court's finding of extraordinary circumstances shall be in writing and shall set forth the factual basis for the continuance.

C. Burden of Proof. The petitioner must prove the allegations in the petition by a preponderance of the evidence. In addition, if the child is an Indian child, the petitioner must prove, by clear and convincing evidence, including testimony from a qualified expert witness, that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The petitioner must also satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that those efforts have proven unsuccessful.

D. Procedure. The presentation of evidence at the dependency adjudication hearing shall be as informal as the requirements of due process and fairness permit and shall generally proceed in a manner similar to the trial of a civil action before the court without a jury.

1. Admission/No Contest. A parent, guardian or Indian custodian may waive the right to trial on the allegations contained in the dependency petition by admitting or not contesting the allegations. An admission or plea of no contest may be oral or in writing. In accepting an admission or plea of no contest, the court shall:

a. Determine whether the party understands the rights being waived;

b. Determine whether the admission or plea of no contest is knowingly, intelligently and voluntarily made;

c. Determine whether a factual basis exists to support a finding of dependency; and

d. Proceed with entering the findings and orders as set forth in subsection (E) of this rule.

2. Failure to Appear. If the parent, guardian or Indian custodian fails to appear at the dependency adjudication hearing without good cause shown and the court finds the parent, guardian or Indian custodian had notice of the hearing, was properly served pursuant to Rule 48 and had been previously admonished regarding the consequences of failure to appear, including a warning that the hearing could go forward in the absence of the parent, guardian or Indian custodian and that failure to appear may constitute a waiver of rights and an admission to the allegations contained in the dependency petition, the court may adjudicate the child dependent based upon the record and evidence presented if the petitioner has proven grounds upon which to adjudicate the child dependent. The court shall enter its findings and orders pursuant to subsection (E) of this rule.

3. Amendments to Conform to Evidence. Any amendments made to conform to the evidence shall be made pursuant to Rule 15(b), Ariz. R. Civ. P.

E. Findings and Orders. All findings and orders shall be in the form of a signed order or contained in a minute entry. As to each parent, guardian or Indian custodian, based upon the record and evidence presented, the court shall:

1. Enter findings that the court has jurisdiction over the subject matter and persons before the court;

2. Dismiss the petition and return the child to the parent, guardian or Indian custodian if the petitioner fails to meet the required burden of proof; or

3. Set forth specific findings of fact in support of a finding of dependency and adjudicate the child dependent, as defined by law, if the petitioner met the burden of proof; and

4. Conduct the disposition hearing pursuant to Rule 56 or set the disposition hearing within thirty (30) days and order the preparation of a disposition report as required by Rule 56(C);

5. Enter orders concerning the placement and custody of the child pending disposition;

6. Address the parent, guardian or Indian custodian in open court and advise the parent, guardian or Indian custodian that failure to attend further proceedings without good cause shown and failure to participate in reunification services may result in the termination of parental rights or the establishment of a permanent guardianship of the child, based upon the record and evidence presented. The court shall advise the parent, guardian or Indian custodian that the hearings may go forward in the absence of the parent, guardian or Indian custodian. The court shall make specific findings that it advised the parent, guardian or Indian custodian of the consequences of failure to attend subsequent proceedings and participate in reunification services. The court may provide the parent, guardian or Indian custodian with a copy of Form 1, request that the parent, guardian or Indian custodian sign and return a copy of the Form, and note on the record that the Form was provided;

7. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act, including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences; and

8. Make findings and enter any other orders as may be appropriate or required by law.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended Jan. 20, 2006, effective July 1, 2006; Sept. 3, 2009, effective Jan. 1, 2010.

COMMITTEE COMMENT

It is the recommendation of the committee that, in addition to the admonition set forth in this rule, the court should consider providing the parent, guardian or Indian custodian with a separate written copy of the admonition in order to protect the due process rights of the parent, guardian or Indian custodian. See Forms 2 and 3.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

17B A. R. S. Juv. Ct. Rules of Proc., Rule 55, AZ ST JUV CT Rule 55

Current with amendments received through 5/15/11                                

Juv. Ct. R.P. 56

 

17B A.R.S. Juv.Ct.Rules of Proc., Rule 56
Arizona Revised Statutes Annotated Currentness
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part III. Dependency, Guardianship and Termination of Parental Rights
3. Dependency

Rule 56. Disposition Hearing

A. Purpose. The court shall conduct a disposition hearing to determine the appropriate placement of a child who has been adjudicated dependent and shall review the permanent case plan which has been established for the child.

B. Time Limits. The disposition hearing shall be held within thirty (30) days of the dependency adjudication or in conjunction with the preliminary protective hearing, initial dependency hearing, mediation, settlement or pretrial conference or dependency adjudication hearing.

C. Disposition Report. The court may order the petitioner to prepare and file a disposition report which shall include dispositional recommendations and the basis for the recommendations made. The report shall be provided to the court and the parties five (5) days prior to the hearing, unless otherwise ordered by the court.

D. Procedure. The court shall determine the appropriate disposition and may consider evidence, in the form of testimony or documents, which may include:

1. The oral or written disposition reports of the parties;

2. Documents previously entered into evidence at prior proceedings;

3. Expert testimony or reports;

4. Documents agreed upon by the parties; and

5. Any other evidence admitted by the court.

E. Findings and Orders. All findings and orders shall be in the form of a signed order or contained in a minute entry. The court shall determine the appropriate case plan and shall:

1. Enter orders concerning appropriate services required to achieve the case plan;

2. Enter orders concerning the placement and custody of the child;

3. Set a review hearing within six (6) months and set the permanency planning hearing;

4. Order concurrent planning if appropriate;

5. Address the parent, guardian or Indian custodian in open court and advise the parent, guardian or Indian custodian that failure to attend further proceedings without good cause shown and failure to participate in reunification services may result in the termination of parental rights or the establishment of a permanent guardianship of the child, based upon the record and evidence presented. The court shall advise the parent, guardian or Indian custodian that the hearings may go forward in the absence of the parent, guardian or Indian custodian. The court shall make specific findings that it advised the parent, guardian or Indian custodian of the consequences of failure to attend subsequent proceedings and participate in reunification services. The court may provide the parent, guardian or Indian custodian with a copy of Form 1, request that the parent, guardian or Indian custodian sign and return a copy of the Form, and note on the record that the Form was provided;

6. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act, including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences; and

7. Make any determinations required by Rule 47.1 and make any other findings and enter any other orders as may be appropriate or required by law.

8. Advise the parties present at the hearing and identified in Rule 58(B)(1) of their right to participate in periodic review hearings.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended on emergency basis effective Jan. 31, 2002. Adopted in final form, effective May 31, 2002. Amended and effective on an emergency basis Jan. 26, 2004. Amended Jan. 20, 2006, effective July 1, 2006. Amended and effective on an emergency basis Sept. 26, 2008. Adopted on a permanent basis and amended Sept. 3, 2009, effective Jan. 1, 2010. Amended June 30, 2010, effective on an emergency basis July 29, 2010.

COMMITTEE COMMENT

See comment to Rule 55.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

HISTORICAL NOTES

[Editor's Note] It was further ordered in the January 26, 2004 order that the changes shall be circulated for public comment, and that the comments shall be filed in the Supreme Court Clerk's Office on or before April 2, 2004. Approved June 8, 2004 on a permanent basis.

17B A. R. S. Juv. Ct. Rules of Proc., Rule 56, AZ ST JUV CT Rule 56

Current with amendments received through 5/15/11                                

Juv. Ct. R.P. 57

 

17B A.R.S. Juv.Ct.Rules of Proc., Rule 57
Arizona Revised Statutes Annotated Currentness
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part III. Dependency, Guardianship and Termination of Parental Rights
3. Dependency

Rule 57. Provision of Reunification Services Hearing

A. Purpose. Services to the child and the parent designed to facilitate the reunification of the family are not required if the court, after hearing, finds the existence of certain aggravating circumstances, as set forth by law.

B. Procedure. The court shall hear evidence concerning whether reunification services are required and may consider evidence as set forth in Rule 56(D).

C. Findings and Orders. All findings shall be in writing, in the form of a minute entry or order. If the court finds, by clear and convincing evidence, that reunification efforts are not required, the court shall:

1. Set forth the specific factual basis for its findings;

2. Order an appropriate case plan into effect and enter orders as necessary to achieve the case plan;

3. Enter orders concerning the placement and custody of the child;

4. Set a permanency hearing, as required by law;

5. Address the parent, guardian or Indian custodian in open court and advise the parent, guardian or Indian custodian that failure to attend further proceedings without good cause shown may result in the termination of parental rights or the establishment of a permanent guardianship of the child, based upon the record and evidence presented. The court shall advise the parent, guardian or Indian custodian that the hearings may go forward in the absence of the parent, guardian or Indian custodian. The court shall make specific findings that it advised the parent, guardian or Indian custodian of the consequences of failure to attend subsequent proceedings. The court may provide the parent, guardian or Indian custodian with a copy of Form 1, request that the parent, guardian or Indian custodian sign and return a copy of the Form, and note on the record that the Form was provided;

6. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act; including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences; and

7. Enter any other orders as may be appropriate or required by law.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended on emergency basis effective Jan. 31, 2002. Adopted in final form and amended, effective May 31, 2002; amended Sept. 3, 2009, effective Jan. 1, 2010.

COMMITTEE COMMENT

In cases involving Indian children, the discontinuation of services may adversely impact any future attempt to terminate parental rights. The Indian Child Welfare Act requires that prior to terminating parental rights, the court must be satisfied that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proven unsuccessful.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

17B A. R. S. Juv. Ct. Rules of Proc., Rule 57, AZ ST JUV CT Rule 57

Current with amendments received through 5/15/11                                

 


Juv. Ct. R.P. 58

 

17B A.R.S. Juv.Ct.Rules of Proc., Rule 58
Arizona Revised Statutes Annotated Currentness
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part III. Dependency, Guardianship and Termination of Parental Rights
3. Dependency

Rule 58. Review Hearing

A. Purpose. The court shall conduct review hearings, as provided by law, in order to review the progress of the parties in achieving the case plan goals and determine whether the child continues to be dependent.

B. Notice.

1. Right to participate. At a proceeding to review the disposition orders of the court, the court shall provide the following persons notices of the review and the right to participate in the proceeding and any future proceedings:

a. The authorized agency charged with the child's care and custody.

b. Any foster parents in whose home the child resided within the last six months or resides at present, except for those foster parents who maintain a receiving foster home where the child has resided for ten days or less. The petitioner shall provide the court with the names and addresses of all foster parents who are entitled to notice pursuant to statute.

c. A shelter care facility or receiving foster home where the child resides or has resided within the last six months for more than thirty days. The petitioner shall provide the court with the names and addresses of all shelter care facilities and receiving foster homes that are entitled to notice pursuant to this paragraph.

d. The child's parent or guardian unless the parental rights of that parent or guardian have been terminated by court action or unless the parent has relinquished rights to the child to an agency or has consented to the adoption of the child as provided in A.R.S. § 8-107.

e. The child, if twelve years of age or older.

f. The child's relative, as defined in A.R.S. § 8-501, if that relative files a written notice of right of participation with the court.

g. A person permitted by the court to intervene as a party in the dependency proceeding.

h. A physical custodian of the child within the preceding six months.

i. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement.

j. Any other person as the court may direct.

2. Sibling information exchange program. If the court finds that a child is no longer dependent, before it dismisses the proceeding the court shall provide notice of the sibling information exchange program to the following:

a. An adult who is the former dependent child in the proceeding for whom the periodic review hearing is held.

b. A parent or guardian with legal custody of the former dependent child for whom the periodic review hearing is held.

C. Reports. The petitioner shall provide a report to the court and the parties at least fifteen (15) days prior to the hearing which shall address:

1. The placement of the child;

2. The services being provided to the child and family;

3. The progress the parties have made in achieving the case plan goals; and

4. Whether the child continues to be dependent.

D. Contested Issues Any party seeking an evidentiary hearing on any issue shall file a motion requesting that the matter be set for a contested hearing. The motion shall identify the issues to be litigated, the names and addresses of all witnesses and the estimated time the parties will need to present evidence. The court may reset the matter or proceed with the hearing as scheduled.

E. Procedure.

1. Absent any objection by a party, the court may consider the oral or written reports of the parties, documents previously entered into evidence at prior proceedings, documents agreed upon by the parties and any other reports, pursuant to Rule 45; and

2. All documents which the parties wish the court to consider as evidence shall be marked and admitted prior to the conclusion of the hearing.

3. The court shall address the recommendations of the Foster Care Review Board on the record, as provided by law.

4. At the first periodic review hearing, the court shall consider whether a parent of a child who is under three years of age at the time of removal has substantially neglected or willfully refused to participate in reunification services offered by the department.

F. Findings and Orders. All findings and orders shall be in the form of a signed order or contained in a minute entry. At the conclusion of the hearing, the court shall:

1. Dismiss the petition and return the child to the parent, guardian or Indian custodian if the court finds the child is not dependent; or

2. Make specific findings of fact that the child continues to be dependent; and

3. Enter appropriate orders concerning placement and custody of the child and services to be provided to the family;

4. Set a review hearing within the time as provided by law;

5. Set a permanency hearing not more than twelve (12) months from the date the child was removed from the home;

6. Address the parent, guardian or Indian custodian in open court and advise the parent, guardian or Indian custodian that failure to attend further proceedings without good cause shown and failure to participate in reunification services, if appropriate, may result in the termination of parental rights or the establishment of a permanent guardianship of the child, based upon the record and evidence presented. The court shall advise the parent, guardian or Indian custodian that the hearings may go forward in the absence of the parent, guardian or Indian custodian. The court shall make specific findings that it advised the parent, guardian or Indian custodian of the consequences of failure to attend subsequent proceedings and participate in reunification services. The court may provide the parent, guardian or Indian custodian with a copy of Form 1, request that the parent, guardian or Indian custodian sign and return a copy of the Form, and note on the record that the Form was provided;

7. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act, including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences; and

8. Make findings and enter any other orders as may be appropriate or required by law.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended on emergency basis effective Jan. 31, 2002. Adopted in final form, effective May 31, 2002. Amended Jan. 20, 2006, effective July 1, 2006. Amended and effective on an emergency basis Sept. 26, 2008. Adopted on a permanent basis and amended Sept. 3, 2009, effective Jan. 1, 2010. Amended and effective on an emergency basis Sept. 30, 2009. Amended and effective on a permanent basis, Sept. 2, 2010.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

17B A. R. S. Juv. Ct. Rules of Proc., Rule 58, AZ ST JUV CT Rule 58

Current with amendments received through 5/15/11                                

 


Juv. Ct. R.P. 59

 

17B A.R.S. Juv.Ct.Rules of Proc., Rule 59
Arizona Revised Statutes Annotated Currentness
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part III. Dependency, Guardianship and Termination of Parental Rights
3. Dependency

Rule 59. Return of the Child

A. Purpose. At any time after the temporary custody hearing, a parent, guardian, or Indian custodian may file a motion with the court requesting return of the child to the custody of the parent, guardian or Indian custodian. The court shall set a hearing to determine whether return of the child would create a substantial risk of harm to the child's physical, mental or emotional health or safety.

B. Time Limits. A hearing shall be set within thirty (30) days of the request for return of the child.

C. Reports. The petitioner shall file a report with the court, not less than fifteen (15) days prior to the hearing and shall provide copies to all parties. The report shall address the following:

1. The current case plan and goals of the case plan;

2. The parent, guardian or Indian custodian's compliance with the case plan; and

3. The petitioner's opinion as to whether return of the child to the parent, guardian or Indian custodian would create substantial risk of harm to the child's physical, mental, or emotional health or safety.

D. Procedure. The court shall consider evidence from the parties, in the form of testimony or documents admitted into evidence, which may include hearsay, in whole or in part, to determine whether the child can be returned to the parent, guardian or Indian custodian. The court shall consider the failure of the parent, guardian, or Indian custodian to comply with the terms of the case plan as evidence that return of the child would create a substantial risk of harm to the child.

E. Findings and Orders. All findings and orders shall be in the form of a signed order or contained in a minute entry. The court shall:

1. Return the child to the parent, guardian or Indian custodian if the court finds, by a preponderance of the evidence, that return of the child would not create a substantial risk of harm to the child's physical, mental or emotional health or safety; or

2. Affirm prior custody orders; and

3. Set additional hearings as required by law;

4. Address the parent, guardian or Indian custodian in open court and advise the parent, guardian or Indian custodian that failure to attend further proceedings without good cause shown and failure to participate in reunification services may result in the termination of parental rights or the establishment of a permanent guardianship of the child, based upon the record and evidence presented. The court shall advise the parent, guardian or Indian custodian that the hearings may go forward in the absence of the parent, guardian or Indian custodian. The court shall make specific findings that it advised the parent, guardian or Indian custodian of the consequences of failure to attend subsequent proceedings and participate in reunification services. The court may provide the parent, guardian or Indian custodian with a copy of Form 1, request that the parent, guardian or Indian custodian sign and return a copy of the Form, and note on the record that the Form was provided;

5. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act, including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences; and

6. Make findings and enter any other orders as may be appropriate or required by law.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended on emergency basis effective Jan. 31, 2002. Adopted in final form and amended, effective May 31, 2002. Amended Jan. 20, 2006, effective July 1, 2006; Sept. 3, 2009, effective Jan. 1, 2010.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

17B A. R. S. Juv. Ct. Rules of Proc., Rule 59, AZ ST JUV CT Rule 59

Current with amendments received through 5/15/11                                

 


Juv. Ct. R.P. 60

 

17B A.R.S. Juv.Ct.Rules of Proc., Rule 60 Arizona Revised Statutes Annotated Currentness

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

Rule 60. Permanency Hearing

A. Purpose. At the permanency hearing the court shall determine the future permanent legal status for the child and shall enter such orders as may be necessary to accomplish the plan within a specific time frame.

B. Consolidation of Hearings. On a motion of any party, or the court's own motion, the court may order that a motion or petition to terminate parental rights or to establish a permanent guardianship be filed prior to the permanency hearing and may consolidate the permanency hearing and the initial termination or guardianship hearing, so long as the permanency hearing is held within twelve (12) months of the child's removal and all of the following are true:

1. The child was removed from the custody of the parent, guardian or Indian custodian;

2. The parent, guardian or Indian custodian has been offered reunification services;

3. The child has not been returned to the parent, guardian or Indian custodian; and

4. A party is requesting the termination of parental rights or the establishment of a permanent guardianship.

C. Time Limits. The permanency hearing shall be held:

1. Within thirty (30) days of the disposition hearing, if the court did not order reunification services; or

2. Within six months of the removal of a child under three years from the child's home.

3. Within twelve (12) months of the child's removal from the home, unless otherwise permitted by law.

D. Procedure. At the permanency hearing the court shall consider evidence from the parties, in the form of testimony or documents admitted into evidence, which may include hearsay, in whole or in part, and age-appropriate consultation with the child, in order to determine what permanent legal status is appropriate for the child. The court shall consider the final plan prepared by the Department of Economic Security, pursuant to prior order of the court.

E. Findings and Orders. All findings and orders shall be in the form of a signed order or contained in a minute entry. The court shall make findings based upon the evidence presented and shall:

1. Determine the appropriate permanent plan for the child, make the determination required by Rule 47.1 and order the petitioner to accomplish the plan within a specific time frame;

2. Set a review hearing within the time required by law;

3. Order the petitioner or the child's attorney or guardian ad litem to file a motion or petition to terminate parental rights or to establish a permanent guardianship within ten (10) days after the permanency hearing if the court determines that termination of parental rights or the establishment of a permanent guardianship is clearly in the best interests of the child and appoint counsel for the parent as provided in Rule 38B;

4. Address the parent, guardian or Indian custodian in open court and advise the parent, guardian or Indian custodian that failure to attend further proceedings without good cause shown and failure to participate in reunification services, if appropriate, may result in the termination of parental rights or the establishment of a permanent guardianship of the child, based upon the record and evidence presented. The court shall advise the parent, guardian or Indian custodian that the hearings may go forward in the absence of the parent, guardian or Indian custodian. The court shall make specific findings that it advised the parent, guardian or Indian custodian of the consequences of failure to attend subsequent proceedings and participate in reunification services. The court may provide the parent, guardian or Indian custodian with a copy of Form 2 (if the permanent plan is guardianship) or Form 3 (if the permanent plan is termination of parental rights), request that the parent, guardian or Indian custodian sign and return a copy of the Form, and note on the record that the Form was provided;

5. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act; including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences; and

6. If a child is in an out-of-state placement the court shall make a finding as to whether the placement continues to be appropriate and in the child's best interest.

7. Make findings and enter any other orders as may be appropriate or required by law.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended on emergency basis effective Jan. 31, 2002. Adopted in final form, effective May 31, 2002. Amended and effective on an emergency basis Jan. 26, 2004. Amended and effective June 8, 2004. Amended Jan. 20, 2006, effective July 1, 2006; May 30, 2007, effective June 15, 2007. Adopted in final form effective Sept. 5, 2007. Amended and effective on an emergency basis Sept. 26, 2008. Adopted on a permanent basis and amended Sept. 3, 2009, effective Jan. 1, 2010.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

HISTORICAL NOTES

[Editor's Note] It was further ordered in the January 26, 2004 order that the changes shall be circulated for public comment, and that the comments shall be filed in the Supreme Court Clerk's Office on or before April 2, 2004. Approved June 8, 2004 on a permanent basis.

[Editor's Note] It was further ordered in the May 30, 2007 order that the amendment was open for comment in accordance with Rules of the Supreme Court, Rule 28 (D) until August 1, 2007.

17B A. R. S. Juv. Ct. Rules of Proc., Rule 60, AZ ST JUV CT Rule 60

Current with amendments received through 5/15/11                                

 


Juv. Ct. R.P. 61

 

17B A.R.S. Juv.Ct.Rules of Proc., Rule 61
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 61. Motion, Notice of Hearing, Service of Process and Orders for Permanent Guardianship

A. Motion. If the court determines that the establishment of a permanent guardianship is in the best interests of a dependent child, the court shall order that a motion for guardianship be filed by the Department of Economic Security or by the child's attorney or guardian ad litem within ten (10) days of the permanency hearing. The motion shall contain all information required by law.

B. Notice of Hearing. A notice of hearing shall accompany the motion for permanent guardianship and shall advise the parent, guardian or Indian custodian of the location, date and time of the initial guardianship hearing. In addition to the information required by law, the notice of hearing shall advise the parent, guardian or Indian custodian that failure to appear without good cause shown may result in a finding that the parent, guardian or Indian custodian has waived legal rights and is deemed to have admitted the allegations in the motion for guardianship. The notice shall advise the parent, guardian or Indian custodian that the hearing may go forward in the absence of the parent, guardian or Indian custodian and may result in the establishment of a permanent guardianship based upon the record and evidence presented. In addition to service of the notice of hearing upon the parties, a copy of the notice of hearing shall also be provided to the following persons:

1. The child's current physical custodian;

2. Any foster parent with whom the child has resided within six (6) months prior to the date of the hearing;

3. The prospective guardian if the guardian is not the current physical custodian; and

4. Any other person the court orders to be provided with the notice of hearing.

C. Service. The motion for guardianship and notice of hearing shall be served by the moving party upon the parties and any other person as provided by law, pursuant to Rule 5(c), Ariz. R. Civ. Pro. If the motion alleges or the court has reason to believe the child at issue is an Indian child as defined by the Indian Child Welfare Act, in addition to service of process as required by this rule, notification shall be given to the parent, Indian custodian and child's tribe. Notice shall be provided by registered mail with return receipt requested. If the identity or location of the parent or Indian custodian cannot be determined, notice shall be given to the Secretary of the Interior by registered mail and the Secretary of the Interior shall have fifteen (15) days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe. The notice shall advise the parent or Indian custodian and the tribe of their right to intervene. No hearing shall be held until at least ten (10) days after receipt of notice by the parent or Indian custodian and the tribe or the Secretary. The court shall grant up to twenty (20) additional days to prepare for the hearing if a request is made by the parent or Indian custodian or the tribe.

1. Waiver. The parent, Indian custodian or the child's tribe may waive the ten (10) day notice requirement for purposes of proceeding with the initial guardianship hearing within the time limit as provided by state law.

D. Orders. Upon the filing of a motion for guardianship, the court shall order that the Arizona Department of Economic Security, an agency or a person designated as an officer of the court to conduct an investigation and prepare a report addressing whether the prospective guardian is a fit and proper person to become guardian of the child and whether it is in the best interests of the child to grant the guardianship. If the child is an Indian child, the report shall address whether the prospective guardian falls within the placement preferences as required by the Act or whether good cause exists to deviate from the placement preferences. A copy of the report shall be provided to the parties and the court ten (10) days prior to the initial guardianship hearing. The court may enter any other orders, pending the hearing, as the court determines to be in the best interests of the child.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended and effective on an emergency basis Sept. 26, 2008. Adopted on a permanent basis Sept. 3, 2009, effective Jan. 1, 2010.

17B A. R. S. Juv. Ct. Rules of Proc., Rule 61, AZ ST JUV CT Rule 61

Current with amendments received through 5/15/11                                

Juv. Ct. R.P. 62

 

17B A.R.S. Juv.Ct.Rules of Proc., Rule 62 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 62. Initial Guardianship Hearing

A. Purpose. At the initial guardianship hearing, the court shall determine whether service has been completed, whether notice of the hearing has been provided to those persons identified pursuant to Rule 61(B) 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 guardianship.

B. Time Limits. If a motion for permanent guardianship is filed, the initial hearing shall be held within thirty (30) days of the permanency hearing.

C. Procedure. At the initial 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. Appoint counsel pursuant to Rule 38(B), unless counsel had previously been appointed;

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

4. Determine whether service of process has been completed or waived as to each party pursuant to Rule 61 and whether notice of the hearing has been provided to those persons identified in Rule 61(B), in addition to the parent, Indian custodian and the child's tribe;

5. Determine whether the investigation and report ordered by the court has been completed and provided to the parties;

6. Advise the parent, guardian or Indian custodian of their rights as follows:

a. The right to counsel, including court appointed counsel if the parent, guardian or Indian custodian is indigent;

b. The right to cross examine all witnesses who are called to testify against the parent, guardian or Indian custodian;

c. The right to trial by the court on the guardianship motion or petition; and

d. The right to use the process of the court to compel the attendance of witnesses.

7. Determine whether the parent, guardian or Indian custodian admits, denies or does not contest the allegations contained in the motion or petition for guardianship.

a. Admission/No Contest. If the parent, guardian or Indian custodian admits or does not contest the allegations, the court shall proceed with the guardianship adjudication hearing and enter findings and orders, pursuant to Rule 63.

b. Denial. If a motion for guardianship was filed and the parent, guardian or Indian custodian denies the allegations, the court shall set the matter for trial within ninety (90) days of the permanency hearing. The court may schedule a settlement conference, a pretrial conference or mediation, if appropriate.

c. Failure to Appear. If the parent, guardian or Indian custodian fails to appear at the initial guardianship hearing without good cause shown, and the court finds the parent, guardian or Indian custodian had notice of the hearing, was properly served pursuant to Rule 61, and had been previously admonished regarding the consequences of failure to appear, including a warning that the hearing could go forward in the absence of the parent, guardian or Indian custodian and that failure to appear may constitute a waiver of rights and an admission to the allegations contained in the guardianship motion, the court may proceed with the adjudication of guardianship based upon the record and evidence presented if the moving party has proven grounds upon which to establish a guardianship. The court shall enter its findings and orders pursuant to Rule 63.

8. Determine how a verbatim record of the guardianship adjudication hearing will be made.

D. Findings and Orders. All findings and orders shall be in the form of a signed order or contained in a minute entry. At the conclusion of the hearing, the court shall:

1. Enter findings as to notification and service upon the parties and those persons designated to receive notice and the court's jurisdiction over the subject matter and persons before the court;

2. Set a continued initial guardianship hearing as to any party who was not served and did not appear;

3. The court may schedule a settlement conference, status conference, pretrial conference or mediation as deemed appropriate;

4. Address the parent, guardian or Indian custodian in open court and advise the parent, guardian or Indian custodian that failure to appear at the guardianship pre-trial conference, settlement conference, or guardianship adjudication hearing, without good cause shown, may result in a finding that the parent, guardian or Indian custodian has waived legal rights and is deemed to have admitted the allegations in the motion for guardianship. The court shall advise the parent, guardian or Indian custodian that the guardianship adjudication hearing may go forward in the absence of the parent, guardian or Indian custodian and may result in the establishment of a permanent guardianship based upon the record and evidence presented. The court shall make specific findings that it advised the parent, guardian or Indian custodian of the consequences of failure to attend subsequent proceedings. The court may provide the parent, guardian or Indian custodian with a copy of Form 2, request that the parent, guardian or Indian custodian sign and return a copy of the Form, and note on the record that the Form was provided;

5. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act, including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences; and

6. Make findings and enter any other orders as may be appropriate or required by law.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended Jan. 20, 2006, effective July 1, 2006; Sept. 18, 2006, effective Jan. 1, 2007; Sept. 3, 2009, effective Jan. 1, 2010.

COMMITTEE COMMENT

It is the recommendation of the committee that, in addition to the admonition set forth in this rule, the court should consider providing the parent, guardian or Indian custodian with a separate written copy of the admonition in order to protect the due process rights of the parent, guardian or Indian custodian. See Form 2.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

17B A. R. S. Juv. Ct. Rules of Proc., Rule 62, AZ ST JUV CT Rule 62

Current with amendments received through 5/15/11                                

Juv. Ct. R.P. 63

 

17B A.R.S. Juv.Ct.Rules of Proc., Rule 63

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. Guardianship Adjudication Hearing

A. Purpose. The court shall conduct the guardianship adjudication hearing for the purpose of determining whether the prospective guardian is a fit and proper person to become the permanent guardian of the child and whether guardianship is in the best interests of the child.

B. Time Limits. The guardianship adjudication hearing shall be set no later than ninety (90) days after the permanency hearing. The court may continue the hearing beyond the ninety (90) day time limit for a period of thirty (30) days if it finds that the continuance is necessary for the full, fair and proper presentation of evidence and the best interests of the child would not be adversely affected. Any continuance beyond thirty (30) days shall only be granted upon a finding of extraordinary circumstances. Extraordinary circumstances include but are not limited to acts or omissions that are unforseen [FN1] or unavoidable. Any party requesting a continuance shall file a motion for extension of time, setting forth the reasons why extraordinary circumstances exist. The motion shall be filed within five (5) days of the discovery that extraordinary circumstances exist. The court's finding of extraordinary circumstances shall be in writing and shall set forth the factual basis for the continuance.

C. Burden of Proof. The moving party has the burden of proving the allegations contained in the motion by clear and convincing evidence or, in the case of an Indian child, beyond a reasonable doubt. In addition, if the child is an Indian child, the moving party must prove, beyond a reasonable doubt, including testimony from a qualified expert witness, that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The petitioner must satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that those efforts have proven unsuccessful.

D. Procedure. The presentation of evidence at the guardianship adjudication hearing shall be as informal as the requirements of due process and fairness permit and shall generally proceed in a manner similar to the trial of a civil action before the court without a jury.

1. Admission/No Contest. The parent, guardian or Indian custodian may waive the right to trial on the allegations contained in the motion for guardianship by admitting or not contesting the allegations. An admission or plea of no contest may be oral or in writing. In accepting an admission or plea of no contest, the court shall:

a. Determine whether the party understands the rights being waived;

b. Determine whether the admission or plea of no contest is knowingly, intelligently and voluntarily made;

c. Determine whether a factual basis exists to support the establishment of a guardianship; and

d. Proceed with entering the findings and orders as set forth in subsection (F) of this rule.

2. Failure to Appear. If the court finds the parent, guardian or Indian custodian failed to appear at the guardianship adjudication hearing without good cause shown, had notice of the hearing, was properly served pursuant to Rule 61 and had been previously admonished regarding the consequences of failure to appear, including a warning that the hearing could go forward in the absence of the parent, guardian or Indian custodian that failure to appear may constitute a waiver of rights and an admission to the allegations contained in the guardianship motion, the court may grant the guardianship based upon the record and evidence presented if the moving party has proven grounds upon which to establish a guardianship. The court shall enter its findings and orders pursuant to subsection (F) of this rule.

3. The court shall give primary consideration to the physical, mental and emotional needs of the child in determining whether to grant the motion for guardianship and shall appoint as guardian the person nominated as guardian by a child twelve (12) years of age or older, unless the court finds it would not be in the child's best interest to do so. The court shall consider the child's objection to the appointment of the person nominated as permanent guardian.

E. Reports. In addition to reports admitted into evidence pursuant to Rule 45, the court shall admit into evidence and consider the investigative report prepared pursuant to Rule 61(D).

F. Findings and Orders. All findings and orders shall be in the form of a signed order or contained in a minute entry. At the conclusion of the hearing the court shall:

1. Enter findings as to the court's jurisdiction over the subject matter and persons before the court;

2. If the moving party has met its burden of proof, as provided by law, the court shall:

a. Make specific findings of fact in support of the establishment of a guardianship and appoint a permanent guardian;

b. Enter appropriate orders governing the powers and duties of the guardian as set forth in A.R.S. 14-5209;

c. Enter appropriate visitation orders. The court may order the parent to contribute to the support of the child, if appropriate; and

d. Set an annual review and order the preparation of a report, as required by law; and dismiss the dependency action.

3. If the moving party fails to meet the burden of proof, the court shall deny the guardianship motion, set a review hearing and order the parties to submit a revised case plan prior to the hearing;

4. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act, including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences;

5. Make findings and enter any other orders as may be appropriate or required by law; and

6. At the guardianship hearing, or by notice filed after the appointment of a permanent guardian or a successor permanent guardian pursuant to A.R.S. § 8- 874, the guardian may advise the court as to the identity and contact information of potential successor permanent guardians.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended Jan. 20, 2006, effective July 1, 2006. Amended and effective on an emergency basis Sept. 26, 2008. Adopted on a permanent basis Sept. 3, 2009, effective January 1, 2010.

[FN1] So in original. Probably should read "unforeseen".

COMMITTEE COMMENT

Although the Indian Child Welfare Act does not specifically reference guardianship proceedings, affording the Indian parent the same protections afforded in termination of parental rights proceedings is consistent with the intent of the Act. While states are required to comply with the requirements of the Act, there is nothing to preclude states from affording Indian families greater protection than that provided by the Act.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

17B A. R. S. Juv. Ct. Rules of Proc., Rule 63, AZ ST JUV CT Rule 63

Current with amendments received through 5/15/11                                

Juv. Ct. R.P. 64

 

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part III. Dependency, Guardianship and Termination of Parental Rights

5. Termination of Parental Rights


Rule 64. Motion, Petition, Notice of Hearing and Service of Process and Orders.


A. Motion for Termination of Parental Rights. If the court determines that termination of parental rights is in the best interests of a dependent child, the court shall order that a motion for termination of parental rights be filed by the Department of Economic Security or the child's attorney or guardian ad litem within ten (10) days of the permanency hearing. The motion shall allege the grounds for termination of parental rights as provided by law and shall state whether the child is an Indian child as defined by the Indian Child Welfare Act.


B. Petition for Termination of Parental Rights. If the child at issue is not a dependent child or is a dependent child who was the subject of a dependency petition filed prior to July 1, 1998, the petitioner shall file a petition for termination of parental rights, pursuant to A.R.S. 8-534 and shall state whether the child is an Indian child as defined by the Indian Child Welfare Act. Nothing in this rule shall preclude the filing of a petition in those cases where the child was the subject of a dependency petition filed after July 1, 1998.


C. Notice of Hearing. A notice of hearing shall accompany the motion or petition for termination of parental rights and shall advise the parent, guardian or Indian custodian of the location, date and time of the initial termination hearing. In addition to the information required by law, the notice of hearing shall advise the parent, guardian or Indian custodian that failure to appear at the initial hearing, pretrial conference, status conference or termination adjudication hearing, without good cause, may result in a finding that the parent, guardian or Indian custodian has waived legal rights, and is deemed to have admitted the allegations in the motion or petition for termination. The notice shall advise the parent, guardian or Indian custodian that the hearings may go forward in the absence of the parent, guardian or Indian custodian and may result in the termination of parental rights based upon the record and evidence presented.


D. Service. If the motion or petition alleges or the court has reason to believe the child at issue is an Indian child as defined by the Indian Child Welfare Act, in addition to service of process as required by this rule, notification shall be given to the parent, Indian custodian and the child's tribe. Notice shall be provided by registered mail with return receipt requested. If the identity or location of the parent or Indian custodian cannot be determined, notice shall be given to the Secretary of the Interior by registered mail and the Secretary of the Interior shall have fifteen (15) days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe.


The notice shall advise the parent or Indian custodian and the tribe of their right to intervene. No hearing shall be held until at least ten (10) days after receipt of notice by the parent or Indian custodian and the tribe or the Secretary. The court shall grant up to twenty (20) additional days to prepare for the hearing if a request is made by the parent or Indian custodian or the tribe.


1. Waiver. The parent, Indian custodian or the child's tribe may waive the ten (10) day notice requirement for purposes of proceeding with the initial termination hearing within the time limit as provided by state law.


2. Motion. The motion for termination and notice of hearing shall be served by the moving party upon the parties and any other person as provided by law, pursuant to Rule 5(c), Ariz. R. Civ. P. at least ten (10) days prior to the initial termination hearing.


3. Petition. The petition for termination of parental rights and notice of hearing shall be served by the petitioner upon the parties and any other person as provided by law, pursuant to A.R.S. 8-535, in the manner provided for in Rules 4.1 or 4.2, Ariz. R. Civ. P.


E. Orders. The court may enter orders, pending the hearing, as the court determines to be in the best interests of the child.


CREDIT(S)


Added Oct. 27, 2000, effective Jan. 1, 2001. Amended and effective on an emergency basis Jan. 26, 2004. Amended Dec. 8, 2006, effective Jan. 1, 2007.


Juv. Ct. R.P. 65

 

17B A.R.S. Juv.Ct.Rules of Proc. ,Rule 65 Arizona Revised Statutes Annotated Currentness

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

Rule 65. Initial Termination Hearing

A. Purpose. At the initial termination hearing, the court shall determine whether service has been completed and whether the parent, guardian or Indian custodian admits, denies or does not contest the allegations contained in the motion or petition for termination of parental rights.

B. Time Limits. If a motion for termination of parental rights is filed, the initial hearing shall be held within thirty (30) days of the permanency hearing. If a petition for termination is filed, the hearing shall be held no sooner than ten (10) days following the completion of service.

C. Procedure. At the initial 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. Appoint counsel pursuant to Rule 38(B); unless counsel had previously been appointed;

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

4. Determine whether service of process has been completed, pursuant to Rule 64 or waived as to each party;

5. Advise the parent, guardian or Indian custodian of their rights as follows:

a. The right to counsel, including court appointed counsel if the parent, guardian or Indian custodian is indigent;

b. The right to cross examine all witnesses who are called to testify against the parent, guardian or Indian custodian;

c. The right to trial by the court on the termination motion or petition; and

d. The right to use the process of the court to compel the attendance of witnesses.

6. Determine whether the parent, guardian or Indian custodian admits, denies or does not contest the allegations contained in the motion or petition to terminate parental rights.

a. Admission/No contest. If the parent, guardian or Indian custodian admits or does not contest the allegations, the court shall proceed with the termination hearing and enter findings and orders, pursuant to Rule 66.

b. Denial. If a motion for termination of parental rights was filed and the parent, guardian or Indian custodian denies the allegations, the court shall set the matter for trial within ninety (90) days of the permanency hearing. The court may schedule a settlement conference, a pretrial conference or mediation, if appropriate. If a petition for termination was filed, the court may schedule mediation and shall set a pretrial conference or status conference.

c. Failure to Appear. If the parent, guardian or Indian custodian fails to appear at the initial termination hearing without good cause shown and the court finds the parent, guardian or Indian custodian had notice of the hearing, was properly served pursuant to Rule 64 and had been previously admonished regarding the consequences of failure to appear, including a warning that the hearing could go forward in the absence of the parent, guardian or Indian custodian and that failure to appear may constitute a waiver of rights and an admission to the allegations contained in the termination motion or petition, the court may proceed with the adjudication of termination based upon the record and evidence presented if the moving party or petitioner has proven grounds upon which to terminate parental rights. The court shall enter its findings and orders pursuant to Rule 66.

7. Determine how a verbatim record of the termination adjudication hearing will be made.

D. Findings and Orders. All findings and orders shall be in the form of a signed order or contained in a minute entry. At the conclusion of the hearing, the court shall:

1. Enter findings as to notification and service upon the parties and the court's jurisdiction over the subject matter and persons before the court;

2. Set a continued initial termination hearing as to any party who was not served and did not appear;

3. Address the parent, guardian or Indian custodian in open court and advise the parent, guardian or Indian custodian that failure to appear at the pretrial conference, status conference or termination adjudication hearing, without good cause shown, may result in a finding that the parent, guardian or Indian custodian has waived legal rights, and is deemed to have admitted the allegations in the motion or petition for termination. The court shall advise the parent, guardian or Indian custodian that the termination adjudication hearing may go forward in the absence of the parent, guardian or Indian custodian and may result in the termination of parental rights based upon the record and evidence presented. The court shall make specific findings that it advised the parent, guardian or Indian custodian of the consequences of failure to attend subsequent proceedings. The court may provide the parent, guardian or Indian custodian with a copy of Form 3, request that the parent, guardian or Indian custodian sign and return a copy of the Form, and note on the record that the Form was provided;

4. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act, including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences; and

5. Make findings and enter any other orders as may be appropriate or required by law.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended and effective on an emergency basis Jan. 26, 2004. Amended and effective June 8, 2004. Amended Jan. 20, 2006, effective July 1, 2006; Sept. 18, 2006, effective Jan. 1, 2007; Dec. 8, 2006, effective Jan. 1, 2007; Sept. 3, 2009, effective Jan. 1, 2010.

COMMITTEE COMMENT

It is the recommendation of the committee that, in addition to the admonition set forth in this rule, the court should consider providing the parent, guardian or Indian custodian with a written copy of the admonition in order to protect the due process rights of the parent, guardian or Indian custodian. See FORM III.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

HISTORICAL NOTES

[Editor's Note] It was further ordered in the January 26, 2004 order that the changes shall be circulated for public comment, and that the comments shall be filed in the Supreme Court Clerk's Office on or before April 2, 2004. Approved June 8, 2004 on a permanent basis.

17B A. R. S. Juv. Ct. Rules of Proc., Rule 65, AZ ST JUV CT Rule 65

Current with amendments received through 5/15/11                                

Juv. Ct. R.P. 66

 

17B A.R.S. Juv.Ct.Rules of Proc., Rule 66 Arizona Revised Statutes Annotated Currentness

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

Rule 66. Termination Adjudication Hearing

A. Purpose. The court shall conduct an adjudicatory hearing in which the court determines whether the moving party or petitioner has met the burden of proving grounds upon which to terminate parental rights and whether termination is in the best interests of the child.

B. Time Limits. If a motion for termination of parental rights was filed, the termination adjudication hearing shall be held no later than ninety (90) days after the permanency hearing. The court may continue the hearing beyond the ninety (90) day time limit for a period thirty (30) days if it finds that the continuance is necessary for the full, fair and proper presentation of evidence, and the best interests of the child would not be adversely affected. Any continuance beyond thirty (30) days shall only be granted upon a finding of extraordinary circumstances. Extraordinary circumstances include, but are not limited to, acts or omissions that are unforseen [FN1] or unavoidable. Any party requesting a continuance shall file a motion for extension of time, setting forth the reasons why extraordinary circumstances exist. The motion shall be filed within five (5) days of the discovery that extraordinary circumstances exist. The court's finding of extraordinary circumstances shall be in writing and shall set forth the factual basis for the continuance.

C. Burden of Proof. The moving party or petitioner has the burden of proving the grounds for termination alleged in the motion or petition by clear and convincing evidence and that the termination would serve the child's best interests by a preponderance of the evidence. In addition, if the child is an Indian child, the moving party or petitioner must prove, beyond a reasonable doubt, including testimony from a qualified expert witness, that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The moving party or petitioner must also satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that those efforts have proven unsuccessful.

D. Procedure. The presentation of evidence at the termination adjudication hearing shall be as informal as the requirements of due process and fairness permit and shall generally proceed in a manner similar to the trial of a civil action before the court without a jury.

1. Admission/No contest. The parent, guardian or Indian custodian may waive the right to trial on the allegations contained in the motion or petition for termination of parental rights by admitting or not contesting the allegations. An admission or plea of no contest may be oral or in writing. In accepting an admission or plea of no contest, the court shall:

a. Determine whether the party understands the rights being waived;

b. Determine whether the admission or plea of no contest is knowingly, intelligently and voluntarily made;

c. Determine whether a factual basis exists to support the termination of parental rights; and

d. Proceed with entering the findings and orders as set forth in subsection (F) of this rule.

2. Failure to Appear. If the court finds the parent, guardian or Indian custodian failed to appear at the termination adjudication hearing without good cause shown, had notice of the hearing, was properly served pursuant to Rule 64 and had been previously admonished regarding the consequences of failure to appear, including a warning that the hearing could go forward in the absence of the parent, guardian or Indian custodian and that failure to appear may constitute a waiver of rights, and an admission to the allegation contained in the motion or petition for termination, the court may terminate parental rights based upon the record and evidence presented if the moving party or petitioner has proven grounds upon which to terminate parental rights. The court shall enter its findings and orders pursuant to subsection (E) of this rule.

E. Termination Social Study. A social study prepared pursuant to A.R.S. 8- 536 or by order of the court is admissible as evidence unless a party has filed a notice of objection as required by Rule 44 (B)(2)(e) and (D)(2). If the court sustains any objections, the court may:

1. Admit the social study into evidence after redacting those portions to which objections were sustained; and

2. Allow the petitioner a reasonable opportunity to call additional witnesses to testify regarding the redacted portions of the social study.

F. Findings and Orders by the court. All findings and orders shall be in the form of a signed order or set forth in a signed minute entry. At the conclusion of the hearing the court shall:

1. Enter findings as to the court's jurisdiction over the subject matter and persons before the court;

2. If the moving party or petitioner has met its burden of proof, the court shall:

a. Make specific findings of fact in support of the termination of parental rights and grant the motion or petition for termination;

b. Appoint a guardian for the child or appoint a guardian for the child and vest legal custody in another person or authorized agency;

c. Enter orders for financial support of the child;

d. Set or reaffirm the dependency review hearing; and

e. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act, including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences.

3. Deny the termination motion or petition if the moving party or petitioner did not meet its burden of proof, and order the parties to submit a revised case plan prior to the dependency review hearing.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended and effective on an emergency basis Jan. 26, 2004. Amended Jan. 20, 2006, effective July 1, 2006; Dec. 8, 2006, effective Jan. 1, 2007; Sept. 3, 2009, effective Jan. 1, 2010.

[FN1] So in original. Probably should read "unforeseen".

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

HISTORICAL NOTES

[Editor's Note] It was further ordered in the January 26, 2004 order that the changes shall be circulated for public comment, and that the comments shall be filed in the Supreme Court Clerk's Office on or before April 2, 2004. Approved June 8, 2004 on a permanent basis.

17B A. R. S. Juv. Ct. Rules of Proc., Rule 66, AZ ST JUV CT Rule 66

Current with amendments received through 5/15/11                                

Juv. Ct. R.P. 68

 

17B A.R.S. Juv.Ct.Rules of Proc., Rule 68 Arizona Revised Statutes Annotated Currentness

Rules of Procedure for the Juvenile Court (Refs & Annos)
Part IV. Adoption
2. General Adoption Provisions

Rule 68. Definitions

A. Definitions.

1. Parent. The term parent means the birth parent whose parental rights have not been terminated or the adoptive parent of a child for whom a final adoption decree has been issued.

2. Parties. Parties include the prospective adoptive parent, the person to be adopted, the parent of the person to be adopted, any person or entity whose consent is required in order to effectuate an adoption and any other person or entity who has been permitted by the court to intervene in the proceedings pursuant to Rule 24, Ariz. R. Civ. Pro. or the Indian Child Welfare Act.

3. Investigative Report. The investigative report shall include the following;

a. A home study;

b. The application for certification to adopt shall be accompanied by a valid fingerprint clearance card of the prospective adoptive parent(s) and a valid fingerprint clearance card for each other adult member of the household, as required by law. The prospective parent and each other adult member of the household must certify on forms that are provided for in A.R.S. § 8-105(D) and that are notarized whether that person is awaiting trial or has ever been convicted of any criminal offenses listed in A.R.S. § 41-1758.07, subsections B and C, in this state or similar offenses in another state or jurisdiction. The application shall identify all adult members of the applicant's household who are subject to fingerprinting. The application shall further advise whether the applicant currently has temporary custody of the child and the expiration date of the custody order; and

c. A check of records through the Child Protective Services Central Registry to determine whether the applicants or any adult living in the applicant's home are listed on the registry.

B. Definitions and Mandated Placement Preferences pursuant to the Indian Child Welfare Act, 25 U.S.C. 1903 and 1915:

1. Parent. The term parent means any biological parent of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. It does not include the unwed father where paternity has not been acknowledged or established.

2. Indian Child. The term Indian child means any unmarried person under the age of eighteen (18) and who is either a member of an Indian tribe or is eligible for membership in an Indian tribe and is the biological child of a member of the Indian tribe.

3. Indian Child's Tribe. The term Indian child's tribe means the Indian tribe in which an Indian child is a member or eligible for membership or, in the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contacts.

4. Indian Custodian. The Indian custodian means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law, or to whom temporary physical care, custody and control has been transferred by the parent of the child.

5. Indian Tribe. Indian tribe means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaska Native village as defined in 43 U.S.C. 1602(c).

6. Extended Family Member. The term extended family member means a person as defined by law or custom of the Indian child's tribe, or, in the absence of such law or custom, means a person who has reached the age of eighteen (18) and who is the Indian child's grandparent, aunt or uncle, sister or brother, sister-in-law or brother-in-law, niece or nephew, first or second cousin, or step-parent.

7. Preadoptive or Foster Care Placement Preferences. Any preadoptive placement of an Indian child shall be in the least restrictive setting which most approximates a family and in which the child's special needs, if any, may be met. The child shall be placed within a reasonable proximity to the child's home, taking into account any special needs of the child. In any foster care or preadoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with:

a. A member of the Indian child's extended family;

b. A foster home licensed, approved or specified by the Indian child's tribe;

c. An Indian foster home licensed or approved by an authorized non-Indian licensing authority; or

d. An institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the child's needs.

8. Adoptive Placement Preferences. In any adoptive placement of an Indian child, a preference shall be given, in the absence of good cause to the contrary, to a placement with:

a. A member of the Indian child's extended family;

b. Other members of the Indian child's tribe; or

c. Other Indian families.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended and effective on an emergency basis Sept. 30, 2009. Amended and effective on a permanent basis, Sept. 2, 2010.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

17B A. R. S. Juv. Ct. Rules of Proc., Rule 68, AZ ST JUV CT Rule 68

Current with amendments received through 5/15/11                                

Juv. Ct. R.P. 69

 

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part IV. Adoption

2. General Adoption Provisions


Rule 69. Appointment, Appearance and Withdrawal of Counsel


A. Appointment.  The court may appoint counsel for those persons entitled to counsel and determined to be indigent as provided by law, these rules or the Indian Child Welfare Act. In determining whether a person is indigent, the court shall:


1. Order the person to provide proof of financial resources by filing a financial questionnaire provided by the court. The court may question the person under oath. If the court determines the person is not indigent the court may order the person to pay a reasonable portion of the cost of counsel or deny the request for appointment of counsel.


B. Appearance.  Counsel shall enter an initial appearance by appearing personally before the court and advising the court that counsel is representing a party or by filing a written notice of appearance with the clerk of the court and providing copies to the assigned judge and all parties.


C. Manner of Appointment.  If the court enters an order appointing or denying counsel, a copy of the order or minute entry shall be provided to the parties.


D. Withdrawal of Counsel.  Requests to withdraw as counsel shall be in writing, unless otherwise authorized by the court, and shall be provided to the parties.


APPLICATION


<New Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001;  Rules 36 through 66 shall apply to cases filed on or after January 1, 2001;  and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>


Juv. Ct. R.P. 75

 

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part IV. Adoption

2. General Adoption Provisions


Rule 75. Release of Information


All records pertaining to adoption proceedings shall be maintained as confidential and shall be withheld from public inspection except upon order of the court or as otherwise provided by law.


APPLICATION


<New Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001;  Rules 36 through 66 shall apply to cases filed on or after January 1, 2001;  and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>


Juv. Ct. R.P. 76

 

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part IV. Adoption

2. General Adoption Provisions


Rule 76. Service of Process


A. Service of Process.  Service of process shall be accomplished pursuant to  Rule 4.1 and 4.2, Ariz.R.Civ.P., unless otherwise set forth in these rules.


B. Notice.  If the petition to adopt alleges or the court has reason to believe the child at issue is an Indian child as defined by the Indian Child Welfare Act, in addition to service of process as required by these rules, notification shall be given to the parent, Indian custodian and child's tribe of any involuntary proceeding involving an Indian child. Notice shall be provided by registered mail with return receipt requested. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, notice shall be given to the Secretary of the Interior by registered mail and the Secretary of the Interior shall have fifteen (15) days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe. The notice shall advise the parent or Indian custodian and the tribe of their right to intervene. No hearing shall be held until at least ten (10) days after receipt of notice by the parent or Indian custodian and the tribe or the Secretary. The court shall grant up to twenty (20) additional days to prepare for the hearing if a request is made by the parent or Indian custodian or the tribe.


APPLICATION


<New Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001;  Rules 36 through 66 shall apply to cases filed on or after January 1, 2001;  and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>


Juv. Ct. R.P. 78

 

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part IV. Adoption

3. Certification


Rule 78. Temporary Custody


A. Petition for Temporary Custody.  A person seeking temporary custody of child shall file a petition and a notice of hearing with the clerk of the court within five (5) days of obtaining the child. The petition shall set forth how the child came into the prospective adoptive parent's care, how long the child has resided with the prospective adoptive parent, why continued custody is in the best interests of the child and whether the child is subject to the Indian Child Welfare Act.


B. Notice of Hearing.  A notice of hearing shall accompany the petition and shall set forth the location, date and time of the hearing and shall require the attendance of the prospective adoptive parent, the child and the person, division or agency responsible for preparing reports for the court if the prospective adoptive parent is not certified to adopt, unless waived by the court.


C. Service.  The petition and notice of hearing shall be served by the person seeking custody in any manner reasonably designed to ensure the attendance of the parties at the hearing and may include faxed, electronic or telephonic notice. In addition to service as required by this rule, if an Indian child is the subject of the temporary custody order, and the child was not placed voluntarily by the parent or Indian custodian, the child's tribe shall be notified of the hearing pursuant to Rule 76B.


D. Procedure.  Upon receipt of the petition, the court shall set a hearing within ten (10) days which may be waived by the court upon a showing of good cause. The court shall determine whether continued custody by the prospective adoptive parent is in the child's best interests.


1. Attendance.  The prospective adoptive parent, the child and any person, representative of the division or agency responsible for preparing reports for the court shall attend the hearing, unless waived by the court for good cause shown.


2. Granting of Custody.  If the court grants temporary custody, the court shall order that an application for certification to adopt be tiled with the court within thirty (30) days of the granting of temporary custody of the child to the prospective adoptive parent if the person is not certified to adopt. If no person or representative of the division or agency has been identified to prepare reports for the court, the court shall set a status hearing within thirty (30) days to determine the status of the certification.


E. Findings and Orders.  All findings and orders shall be in writing and signed by the court, in the form of an order or minute entry. The court shall;


1. Grant or deny the petitioner's request for temporary custody; and


2. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act, including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences.


F. Expiration of Custody Order.  The order granting temporary custody of a child to the prospective adoptive parent shall expire six (6) months after issuance. Prior to the expiration of the temporary custody order the court shall set a status hearing on the custody order to determine whether the prospective adoptive parent has been certified and has filed a petition to adopt. The court may extend the temporary custody order upon a showing of good cause. The court may waive the attendance of the parties at the status hearing if the court has sufficient information to determine whether the prospective adoptive parent is proceeding with the adoption in a timely manner. The court may vacate the hearing upon the filing of a petition to adopt.


G. Revocation of Temporary Custody.  The court may rescind a temporary custody order prior to the date of expiration for good cause. Notice and an opportunity to be heard shall be provided to the prospective adoptive parent and any agency or the division having placed the child.


APPLICATION


<New Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001;  Rules 36 through 66 shall apply to cases filed on or after January 1, 2001;  and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>


Juv. Ct. R.P. 79

 

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part IV. Adoption

4. Adoption

Rule 79. Petition to Adopt

A. Petition to Adopt. The petition to adopt and notice of hearing shall be filed with the clerk of the court. A petition to adopt shall be captioned, "In the Matter of___, a person under the age of 18 years," and may be based upon information and belief. In addition to information required by law, each petition to adopt shall contain the following information:

1. Whether the child to be adopted is an Indian child subject to the requirements of the Indian Child Welfare Act. If the Act applies, the petition shall include the following:

a. Whether the placement preferences required by Section 1915 of the Act have been complied with;

b. The name of the Indian child's tribe, if known;

c. Whether the Indian child is reasonably believed to be a resident or domiciliary of an Indian reservation; and

d. Whether the Indian child is a ward of a tribal court;

2. Whether all necessary consents have been obtained, noting any exceptions as provided by law;

3. Whether any termination of parental rights proceeding is pending, including any appeal; and

4. Whether approval has been granted through the Interstate Compact on the Placement of Children, if applicable.

B. Hearing.

1. Time Limits. The Court shall hold the hearing on the petition:

a. Within sixty days if the child has resided in the home of the prospective adoptive parent or parents for at least one year immediately preceding the filing of the petition for adoption unless the prospective adoptive parent is the stepparent of the child who has been married to the birth or legal parent of the child for less than one year.;

b. Within ninety days if the child is under three years of age when the petition is filed or has resided in the home of the prospective adoptive parent or parents for at least six months preceding the filing of the petition for adoption unless the prospective adoptive parent is the stepparent of the child who has been married to the birth or legal parent of the child for less than one year.

c. Within six months after the filing the petition in all other cases.

2. Notice. A notice of hearing shall accompany the petition and shall advise the parties as to the date, time and location of the hearing. If the child is an Indian child, in addition to service as required by this rule, the child's parent or Indian custodian and the child's tribe shall be notified pursuant to Rule 76(B) if the parent or Indian custodian did not voluntarily place the child for adoption.

C. Service. A petition to adopt and notice of hearing shall be served by the petitioner, pursuant to Rule 76, upon the following persons:

1. The petitioner,

2. The person, division or agency conducting the social study;

3. Any person, division or agency required by law to give consent unless consent and a waiver of notice has been filed previously with the court; and

4. Any person who has initiated a paternity action as provided by law.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended and effective on an emergency basis Sept. 26, 2008. Adopted on a permanent basis Sept. 3, 2009, effective Jan. 1, 2010.

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

17B A. R. S. Juv. Ct. Rules of Proc., Rule 79, AZ ST JUV CT Rule 79

Current with amendments received through 5/15/11                                


Juv. Ct. R.P. 84

 

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part IV. Adoption

4. Adoption


Rule 84. Hearing to Finalize Adoption


A. Attendance.  The prospective adoptive parent, the spouse of the prospective adoptive parent and the child to be adopted shall attend the hearing.  Upon a showing of good cause, the court may permit testimony in the form of an oral deposition, conducted prior to the hearing in open court, from an adoptive parent unable to attend the final adoption hearing as required by law.


B. Burden of Proof.  The burden is on the petitioner to prove by a preponderance of the evidence that the petitioner is a fit and proper person to adopt and that it is in the best interests of the child to be adopted.


C. Procedure.  At the hearing the court shall:


1. Receive testimony from the parties verifying the information set forth in the petition to adopt;


2. Determine whether the child consents to the adoption if the child is twelve  (12) years of age or older;


3. Review any post-placement agreements reached between the parties and approve such agreements, as deemed appropriate;


4. Set additional hearings within the time limits as provided by law if the court cannot proceed with the adoption hearing for whatever reason; and


5. Terminate the parental rights of the birth parent, by a finding of clear and convincing evidence, if not terminated previously.


6. If an Indian child subject to the Act is being adopted, the court shall determine whether:


a. The tribe was notified of the proceedings and the right to intervene, if applicable;


b. The parent or Indian custodian's consent to the adoption was taken in accordance with the Indian Child Welfare Act;


c. The placement complies with the preferences set forth in Section 1915 of the Act or whether good cause exists for deviation from the placement preferences; and


d. The parental rights of the parent or Indian custodian have been terminated.  The court shall enter an order terminating parental rights, based upon evidence beyond a reasonable doubt, including testimony of a qualified expert witness, that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child and that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proven unsuccessful.  This finding shall be in addition to findings made, beyond a reasonable doubt, that the petitioner has met the burden of proving grounds upon which to terminate parental rights.


D. Findings and Orders.  The court shall make its findings in writing, in the form of a minute entry or order and shall grant or deny the petition to adopt at the conclusion of the hearing.  The court may take the matter under advisement if information required by law had not been received by the court prior to or at the hearing, as required by these rules.  If the Indian Child Welfare Act applies, the court shall make findings and enter orders pursuant to the standards and burdens of proof as required by the Act.


1. Wards of the Court.  If the child is a ward of the court in the county where the adoption is granted, the court shall dismiss the dependency action.  If the child is a ward of the court in another county or state, the court shall direct that the division or agency having had legal custody of the child file a motion to dismiss in the county where the child is a ward.


APPLICATION


<New Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001;  Rules 36 through 66 shall apply to cases filed on or after January 1, 2001;  and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>


Juv. Ct. R.P. 85

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part IV. Adoption

4. Adoption


Rule 85. Motion and Hearing to Set Aside Adoption


A. Motion to Set Aside Adoption.  A person seeking to set aside a final order of adoption shall file a motion to set aside the adoption with the clerk of the court.  The motion shall allege grounds only as permitted by Rule 60 (c), Ariz. R. Civ. P. or by the Indian Child Welfare Act.  Upon receipt of the motion, the court shall set an initial hearing within ten (10) days and shall advise the parties as to the date, time and location of the initial hearing. If the child is an Indian child, the court shall proceed in the manner set forth in the Indian Child Welfare Act.


B. Appointment of Guardian ad Litem.  Upon the request of a party or the court's own motion, the court may appoint a guardian ad litem to represent the child.  The court may order the guardian ad litem or the division to conduct an investigation for the purpose of determining whether a dependency petition should be filed in the event the adoption is set aside.  If appropriate, the guardian ad litem shall prepare the dependency petition for filing.


C. Initial Hearing.  The court shall set an initial hearing within ten (10) days of the filing of the motion to set aside. At the hearing the court shall set an evidentiary hearing within forty-five (45) days of the initial hearing and shall order that the parties exchange information as provided in Rule 73(B), no later than thirty (30) days prior to the evidentiary hearing.


D. Burden of Proof.  The burden is upon the person seeking to set aside the adoption to prove the allegations contained in the motion by clear and convincing evidence.


E. Procedure.  The court shall consider evidence, in the form of testimony and/or documents which have been entered into evidence.


F. Indian Child.  After the finalization of an adoption, the parent of an Indian child may withdraw consent to the adoption and petition the court to vacate the adoption decree on the grounds that the consent was obtained through fraud or duress.  Upon a finding by the court that consent was obtained through fraud or duress, the court shall vacate the decree and return the Indian child to the parent.  No adoption which has been effective for two or more years may be invalidated unless otherwise permitted under State law.


G. Findings and Orders.  The court shall make its findings in writing, in the form of a minute entry or order.  The court shall advise the parties of their right to appeal and shall enter orders concerning the custody of the child if the adoption is set aside.  If the Indian Child Welfare Act applies, the court shall make findings and enter orders pursuant to the standards and burdens of proof as required by the Act.


APPLICATION


<New Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001;  Rules 36 through 66 shall apply to cases filed on or after January 1, 2001;  and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

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