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Rule 334. Initial Dependency Hearing

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: January 1, 2024

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part III. Child Dependency and Guardianship, Termination of Parental Rights
3. Dependency Proceedings
Effective: January 1, 2024
17B A.R.S. Juv.Ct.Rules of Proc., Rule 334
Formerly cited as AZ ST JUV CT Rule 52
Rule 334. Initial Dependency Hearing
(a) Generally. At the initial dependency hearing, the court must determine whether service has been completed and whether the parent admits, denies, or does not contest the allegations in the dependency petition.
(b) Time for the Hearing.
(1) No Appearance at the Preliminary Protective Hearing. If a parent does not appear at the preliminary protective hearing, the court must set an initial dependency hearing no later than 21 days after the filing of the petition.
(2) Service by Publication. If service by publication is required, the court may set an initial dependency hearing after allowing sufficient time for publication and no less than 10 days after publication is complete.
(c) Procedure. At the initial dependency hearing, the court must:
(1) appoint counsel under Rule 303;
(2) determine:
(A) whether the parties have been served pursuant to A.R.S § 8-841(D) and Rule 329;
(B) whether to close the proceeding and provide the admonition for a hearing that remains open to the public, as required by A.R.S. § 8-525 and Rule 312;
(C) whether paternity has been established as to any father, and if not, the court must ask the mother, and may take her testimony, concerning the identity and location of any potential father;
(D) whether reasonable efforts were made to prevent or eliminate the need for removal of the child from the child's home and if services are available that would eliminate the need for continued removal pursuant to A.R.S. § 8-825(D);
(3) conduct a temporary custody hearing pursuant to A.R.S. § 8-825 if requested by a parent pursuant to Rule 333(a);
(4) consider as a mitigating factor the availability of reasonable services to the parent to prevent or eliminate the need for removal of the child and efforts of the parent to obtain and participate in these services, as provided by A.R.S. § 8-824(E)(5);
(5) inquire if any party has reason to know that the child is an Indian child. See C.F.R. § 23.107;
(6) provide the parent a copy of Form 1 and request the parent sign and return the form to the court and ensure that the parent understands the parent's rights and responsibilities. See A.R.S. § 8-824(D), (E)(6), (E)(8), and (I); and
(7) inquire if the parent wishes to admit, not contest, or deny the allegations in the dependency petition.
(A) Admission/No Contest. If the parent admits or does not contest the allegations in the petition, the court must proceed with the dependency adjudication hearing pursuant to Rule 338 and set or conduct a disposition hearing under Rule 339.
(B) Denial. If the parent denies the allegations contained in the petition, the court must set a settlement conference, pretrial conference, or a mediation, and may set a dependency adjudication.
(d) Failure to Appear. The court may proceed with the dependency adjudication and disposition if it finds on the record specific facts upon which to adjudicate the child dependent and finds that the parent:
(1) had notice of the hearing;
(2) was properly served pursuant to Rule 329;
(3) had been admonished regarding the consequences of failing to appear, including a warning that the hearing could go forward in the parent's absence, and that failure to appear may constitute a waiver of rights and an admission to the allegations contained in the dependency petition; and
(4) failed to demonstrate good cause for the failure to appear.
(e) Determination. If DCS is the petitioner, the court should determine:
(1) whether DCS placed, or is conducting a due diligence search under A.R.S. § 8-514.07 and attempting to place, the child with a grandparent or another member of the child's extended family, including a person who has a significant relationship with the child;
(2) whether DCS placed, or is attempting to place, the child with the child's siblings, if such placement is possible and is in the child's best interests, and if that is not possible, to maintain frequent visitation or other ongoing contact between all siblings;
(3) identify on the record all the documents the court has received and will consider, including DCS's report prepared pursuant to A.R.S. § 8-824(H) and other evidence permitted by A.R.S. § 8-825; and
(4) whether the parent is providing the court and DCS with the names, relationships, and contact information necessary to locate persons who are related to the child or who have a significant relationship with the child.
(f) Findings. All findings must be contained in a signed minute entry or order. At the conclusion of the hearing the court must make findings that include:
(1) that the court has jurisdiction over the subject matter and persons before the court;
(2) if a parent requested a review of temporary custody, that the hearing has been held;
(3) whether there is probable cause to believe that continued temporary physical custody of the child is clearly necessary to prevent abuse or neglect pending the dependency adjudication;
(4) confirmation under 25 C.F.R. § 23.107--and based on a report, declaration, or testimony included in the record or by court order--that petitioner has used or will use due diligence to identify and work with all tribes for which there is reason to know the child may be a member or eligible for membership, to verify whether the child is in fact a member or a biological parent is a member and the child is eligible for membership;
(5) if there is reason to know the child is an Indian child, whether the standards and burdens of proof required by ICWA are met, including whether placement is in accordance with ICWA § 1915 and 25 C.F.R. § 23.131 or whether there is good cause to deviate from the preferences or continue the initial dependency and defer the findings as permitted by section (h);
(6) that the parent was advised of, and understands the consequences of:
(A) failing to participate in reunification services, and
(B) failing to attend future proceedings.
(7) if applicable, the reasons why siblings have not been placed together; and
(8) other findings as appropriate and required by law.
(g) Orders. At the conclusion of the hearing, the court must enter orders:
(1) returning the child to the parent, or if the child is not returned to the parent, affirming or modifying the prior orders regarding the placement of the child pending the determination of the dependency petition and visitation/parenting time, if any, pursuant to A.R.S. §§ 8-824(J), 8-825(C), and Rule 333;
(2) if paternity has not been established, that it be established through testing or execution of a voluntary acknowledgement of paternity;
(3) if siblings have not been placed together, requiring that DCS make reasonable efforts to place a child with siblings, if such placement is in the children's best interests, or if that is not possible, to maintain frequent visitation or other ongoing contact between the siblings;
(4) except as provided in A.R.S. §§ 8-824(H)(9) and 8-846, regarding services for the child and parent as follows:
(A) if the child is in the custody of DCS, that DCS make reasonable efforts to provide services to facilitate reunification, including visitation/parenting time; or
(B) if the child is not in the custody of DCS, that the parties participate in reasonable services that will facilitate reunification of the family, including visitation/parenting time, or another permanency plan for the child.
(5) if the petitioner has not verified whether the child is an Indian child, that the petitioner must continue to use due diligence to make that determination;
(6) where the court knows or has reason to know that an Indian child in involved, that the petitioner notify the parent, the Indian child's tribe, or the Secretary of the Interior, as required by ICWA § 1912(a);
(7) that the parent provide the court with the names, relationship, and contact information necessary to locate persons who are related to the child or who have a significant relationship with the child, unless the parent informs the court that there is not sufficient information available to locate a relative or person with a significant relationship with the child;
(8) that the parent immediately inform DCS and the court at future hearings if they become aware of new information on the location of a relative or individual with whom the child has a significant relationship;
(9) that the petitioner effectuate service on any party under Rule 329 who has not been served and set a continued initial dependency hearing or a publication hearing in accordance with A.R.S. § 8-842;
(10) setting dates for future proceedings, which may include a settlement conference, mediation, a pretrial conference, or an adjudication if a denial is entered;
(11) that may stay the proceedings, and order an in-home intervention if appropriate and as provided by A.R.S. §§ 8-842(C) and 8-843(F) and Rule 330;
(12) as appropriate and required by law and Rules 338 and 339 if the party admits or does not contest the allegations in the petition or fails to appear; and
(13) entering other orders as appropriate or required by law.
(h) Continuance.
(1) Generally. The court may continue the initial dependency hearing if:
(A) service of process on the parties and notification under ICWA has not been completed;
(B) additional time is required to comply with the requirements of ICWA or additional time is requested by the child's tribe;
(C) additional time is required to obtain and consult with an attorney and the child's best interests would not be adversely affected;
(D) it is necessary for the full, fair, and proper presentation of evidence and the best interests of the child would not be adversely affected; or
(E) the court makes a finding of extraordinary circumstances, which include but are not limited to acts or omissions that are unforeseen or unavoidable.
(2) Motion. Any party requesting a continuance based on extraordinary circumstances must file a motion that specifies those circumstances and must file the motion no later than 5 days after discovering them.
(3) Finding. The court's finding of extraordinary circumstances must be in writing and set forth the factual basis for the continuance.
(4) Duration. A continuance cannot exceed 30 days unless the court makes a finding of extraordinary circumstances under (h)(1)(E).

Credits

Added Dec. 8, 2021, effective July 1, 2022. Amended on an emergency basis Aug. 29, 2022, effective Sept. 24, 2022, permanently adopted Dec. 8, 2022, effective Jan. 1, 2023; amended on an emergency basis Aug. 24, 2023, effective Oct. 30, 2023, permanently adopted Dec. 6, 2023, effective Jan. 1, 2024.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 334, AZ ST JUV CT Rule 334
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
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