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Rule 402. Meaning of Terms

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 IV. Adoptions
1. General Adoption Provisions
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 402
Formerly cited as AZ ST JUV CT Rule 68
Rule 402. Meaning of Terms
(a) Generally. For purposes of this part:
(1) “Agency” has the meaning provided in A.R.S. § 8-101(2).
(2) “Investigative Report” has the meaning provided in A.R.S. § 8-105.
(3) “Parent” means the child's biological, adoptive, or legal mother or father whose rights have not been terminated. “Parent” does not include a person whose paternity has not been established pursuant to A.R.S. § 25-812 or § 25-814.
(4) “Parties” include the prospective adoptive parent, the person to be adopted, the parents of the person to be adopted, any person or entity whose consent is required 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 113 or ICWA.
(5) “Social Study” has the meaning provided in A.R.S. § 8-112.
(b) ICWA Definitions and Placement Preferences.
(1) Definitions. In cases subject to ICWA, the terms “parent,” “Indian child,” “Indian child's tribe,” “Indian custodian,” “Indian tribe,” and “extended family member” have the meanings shown in Rule 302.
(2) Preadoptive Placement Preferences. A preadoptive placement of an Indian child must comply with ICWA § 1915 and 25 C.F.R. §§ 23.131 through 23.132 and must be the least restrictive setting that most approximates a family and in which the child's special needs, if any, may be met. The child must be placed within reasonable proximity to the child's home, taking into account any special needs of the child. In the absence of good cause to the contrary, preference must be given 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 that has a program suitable to meet the child's needs.
(3) Adoptive Placement Preferences. An adoptive placement of an Indian child must comply with ICWA § 1915 and 25 C.F.R. §§ 23.130 through 23.132. If the child's tribe has not established a different order of preference, preference must 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.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 402, AZ ST JUV CT Rule 402
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