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Rule 217. Mandatory Judicial Determinations

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part II. Delinquency
1. Delinquency Scope and Procedures
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 217
Formerly cited as AZ ST JUV CT Rule 19.1
Rule 217. Mandatory Judicial Determinations
(a) Application. The procedures in this rule apply if:
(1) the juvenile court has entered into signed agreements to obtain reimbursement under Title IV-E of the Social Security Act as implemented by:
(A) the Adoption and Safe Families Act of 1997 (ASFA), Pub. L. No. 105-89 (42 U.S.C. §§ 671(a)(15) through 672(a)(1)) and the implementing regulations of the Department of Health and Human Services (45 C.F.R. § 1356.21), or
(B) the FFPSA; and
(2) a juvenile in a delinquency case is removed from the juvenile's home or continues in a court-sanctioned placement out of the home and receives services that are eligible for federal reimbursement.
(b) Generally. When a juvenile has been removed from the juvenile's home by state authority in a delinquency proceeding, the court must:
(1) protect the juvenile from abuse or neglect;
(2) make the mandatory determinations required by this rule in writing and within the designated times; and
(3) state in a signed minute entry or order a factual basis for each determination.
(c) The Court's First Order.
(1) Contrary to Welfare Determination. In the court's first order that authorizes or sanctions the removal of a juvenile from the home in a delinquency proceeding, the court must determine in writing whether continuation of the juvenile's residence in the juvenile's home would be contrary to the welfare of the juvenile.
(2) Reasonable Efforts Regarding Removal Determination. After the juvenile is removed from the home, the court's first order must determine in writing if reasonable efforts were made to prevent the juvenile's removal or if it was reasonable to make no efforts to prevent the juvenile's removal. If the court does not make this finding in its first order, the court must make the finding no later than 60 days after the removal.
(d) Periodic Judicial Reviews.
(1) The court must review a case subject to this rule at least every 6 months after the disposition hearing, or as otherwise required by law. At each review the court must determine:
(A) whether the juvenile is in a safe placement;
(B) whether the placement is appropriate, and whether it is still necessary;
(C) the extent of compliance with the case plan; and
(D) the extent of progress that has been made toward alleviating or mitigating the causes necessitating the out-of-home placement.
(2) The court should also project a likely date by which the juvenile may be returned to and safely maintained in the home, or a likely date when the court will finalize an alternative permanency plan.
(e) Determination of Reasonable Efforts to Finalize a Permanency Plan. No later than 12 months after the juvenile is removed from the juvenile's home, and at least once every 12 months thereafter, the court must determine whether reasonable efforts have been made to finalize the existing permanency plan. The court's findings must be in writing and contain a factual basis for each finding. Before the time by which the judicial determination must be made, the probation department must file a report outlining the efforts made to finalize the permanency plan that is then in effect.
(f) Qualified Residential Treatment Program (“QRTP”). The procedures in Rule 335 apply if a child is placed in a QRTP during a delinquency proceeding and the placement agency seeks Title IV-E funding for that placement.
(g) Basis and Legal Effect of Title IV-E Judicial Determinations. The court may base Title IV-E judicial determinations on written or oral information. Title IV-E judicial determinations may not be used as evidence of delinquent acts by a juvenile.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 217, AZ ST JUV CT Rule 217
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
End of Document