Form 1. Notice to Parent: Dependency Action
Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Form 1
Form 1. Notice to Parent: Dependency Action
To the child's parent or legal guardian:
READ THIS NOTICE CAREFULLY.
The Department of Child Safety (DCS) [or __________] has filed a dependency petition concerning your child.
As a parent or legal guardian, you have rights in this case. You have the right to an attorney. Your attorney will be with you at every hearing in your case. You have a right to a trial (called an adjudication hearing) on the allegations in the petition. At the adjudication hearing your attorney can question any witness who testifies against you. You have the rights at the adjudication hearing to subpoena witnesses, to present documents, and to testify on your own behalf. Hearings are open to the public, but you may ask the court to close the hearing.
The court will decide whether your child is dependent based on the evidence. If the court determines that your child is dependent, your child will become a ward of the court. If your child is a ward of the court, DCS and the court will make decisions about your child's care and custody until you show that you are able to do so. If within a certain time you cannot fix the problems that caused your child to become dependent, the court may terminate your parental rights and your child may be adopted, or a permanent guardian may be appointed for your child.
As a parent or legal guardian, you also have responsibilities:
1) You must appear for every court date. You are required to appear for every hearing the court sets, including a pre-trial conference, a settlement conference, and the adjudication hearing. If you don't show up for a court date and you don't have a good reason for not showing up, the court may find that you waived your rights in this case and that you have admitted the allegations in the dependency petition. The court will then schedule other hearings that you must attend and the court will proceed without you if you do not have a good reason for not coming to court.
2) You must participate in reunification services. You must participate in all the services that DCS offers you to help reunite you with your child. Your failure or refusal to remedy the circumstances that caused your child to be removed from the home may be grounds for terminating your parental rights or establishing a permanent guardianship for your child.
3) You must attend termination or guardianship hearings. If a motion or petition is filed to terminate your parental rights or to establish a guardianship, you must attend all additional court hearings concerning that request, including the initial hearing, a pre-trial conference, and the adjudication hearing. If you fail to show up at any of these hearings without a good reason, the court may find that you have waived your right to object to the termination of your parental rights or establishing a guardianship. The court may then consider evidence in your absence and terminate your parental rights or order a permanent guardianship for your child.
Your next court hearing is:
The date and time are:
The judge is:
The courthouse address is:
The courtroom number is:
Your attorney's telephone number is:
The court will presume you understand this notice unless you tell the court at today's hearing that you do not.
My signature means that I received a copy of this notice and that I understand my rights, my responsibilities, and the consequences of failing to appear at future hearings or failing to participate in reunification services.
Signature | Date |
Credits
Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Form 1, AZ ST JUV CT Form 1
State Court Rules are current with amendments received through May 15, 2024. The Code of Judicial Administration is current with amendments received through May 15, 2024.
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