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Rule 339. Disposition Hearing

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 III. Child Dependency and Guardianship, Termination of Parental Rights
3. Dependency Proceedings
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 339
Formerly cited as AZ ST JUV CT Rule 56
Rule 339. Disposition Hearing
Currentness
(a) Generally. The court must conduct a disposition hearing for a dependent child pursuant to A.R.S. § 8-845.
(b) Time Limits. The court must hold a disposition hearing no later than 30 days after the dependency adjudication hearing.
(c) Considerations. To determine the appropriate disposition, including the placement of the child and the case plan, the court may consider the parties' positions, any reliable statements or documents, and any testimony or other evidence, including information the court may have considered at a previous hearing.
(d) Court Action. At the conclusion of the hearing, in a signed minute entry or order, the court must:
(1) if DCS is a party, order DCS to make reasonable efforts to provide services to the child and child's parent pursuant to A.R.S. § 8-846(A);
(2) if DCS is not a party, direct the parties, at the court's discretion, to participate in reasonable services that will facilitate reunification of the family or another permanent plan for the child pursuant to A.R.S. § 8-825(D)(2);
(3) enter orders concerning the placement and custody of the child;
(4) set a review hearing within 6 months and set the permanency hearing;
(5) advise the parties present at the hearing and those identified in Rule 341(b)(1) of their right to participate in periodic review hearings;
(6) if ICWA applies, make findings regarding the standards and burdens of proof required under ICWA and the Regulations, including whether placement of the Indian child is in accordance with ICWA § 1915 and 25 C.F.R. § 23.131 or whether there is good cause to deviate from the placement preferences; and
(7) make any other findings and enter any other orders as may be appropriate or required by law.
(e) Advisement Regarding Failure to Appear or to Participate in Reunification Services. At the conclusion of the hearing, the court must address the parent in open court and advise the parent that failing to attend further proceedings without good cause or to participate in reunification services may result in termination of parental rights or the establishment of a permanent guardianship of the child. The court must advise the parent that the hearings may go forward in the parent's absence. The court must make specific findings that it advised the parent of these consequences and that the parent understands these consequences. See A.R.S. § 8-824(E)(6) and (8). The court may provide the parent with a copy of Form 1, request the parent to sign and return a copy of the form, and note on the record that the form was provided.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 339, AZ ST JUV CT Rule 339
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
End of Document