Rule 332. Preliminary Protective Hearing
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., Rule 332
Formerly cited as AZ ST JUV CT Rule 50
Rule 332. Preliminary Protective Hearing
(2) Emergency Removal or Placement. If there is reason to know the child is an Indian child and the child was removed from the physical custody of the parent or Indian custodian, the preliminary protective hearing must meet the requirements for an emergency hearing provided in ICWA § 1922 and 25 C.F.R. § 23.113. The petition or accompanying documents must contain the information listed in 25 C.F.R. § 23.113, including the efforts to contact the parent, Indian custodian, and tribe about the emergency proceeding.
(A) The court must determine whether a judicial officer made a finding before the dependency petition was filed regarding the child's removal from the home, as provided by Rule 327(d)(1) and 25 C.F.R. § 23.113(d) and affirm the findings. Or, if a judicial officer did not previously make that finding, then it must find whether there was probable cause to believe that the emergency removal or placement was necessary to prevent imminent physical damage or harm to the child pursuant to 25 C.F.R. § 23.113(d). At the preliminary protective hearing, a parent may request a hearing to contest the finding.
(C) If the court has made a finding that emergency removal or placement was not necessary to prevent imminent physical damage or harm, the court must return the child to the parent or Indian custodian, unless the court finds by a preponderance of the evidence that returning the child to the parent or Indian custodian would subject the child to substantial and immediate danger or threat of such danger, as provided by 25 C.F.R. § 23.114.
(B) No Reason to Know. If the court does not have sufficient evidence to determine that the child is an Indian child, then pursuant to 25 C.F.R. § 23.107, the petitioner must use due diligence to identify and work with all tribes in 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) that the 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;
(1) returning the child to the parent, or if the child is not returned to the parent, declaring the child a ward of the court and entering 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(e);
(6) that the parent provide the court 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, 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;
Credits
Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 332, AZ ST JUV CT Rule 332
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.
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