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Rule 342. Motion for Return of the Child

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 342
Formerly cited as AZ ST JUV CT Rule 59
Rule 342. Motion for Return of the Child
Currentness
(a) Generally. At any time after the temporary custody hearing, a parent may file a motion with a supporting factual basis that asks the court to return the child to the parent's custody pursuant to A.R.S. § 8-861.
(b) Time Limits. The court must set a hearing no later than 30 days after the filing date of the motion unless the parties agree otherwise.
(c) Burden of Proof. The moving party has the burden of establishing by a preponderance of the evidence that the return of the child would not create a substantial risk of harm to that child's physical, mental, or emotional health or safety.
(d) Report and Response.
(1) DCS is the Petitioner. When DCS is the petitioner, it must file a report with the court at least 15 days before the hearing and provide copies to all parties. The report must address the following:
(A) the current case plan and goals of the case plan;
(B) the parent's compliance with the case plan; and
(C) the petitioner's opinion on whether returning the child to the parent would create a substantial risk of harm to the child's physical, mental, or emotional health or safety.
(2) DCS is Not the Petitioner. When DCS is not the petitioner, the petitioner must file a response to the motion at least 15 days before the hearing.
(e) Procedure. The court may consider evidence admissible under Rule 104(b), which may include hearsay, to determine whether the child can be returned to the parent. The court must consider any failure of the parent to comply with the terms of the case plan as evidence that return of the child would create a substantial risk of harm to the child.
(f) Findings and Orders. The court must make factual findings even when no party objects to the motion. All findings and orders must be in a signed minute entry or order. The court must:
(1) return the child to the parent if the court finds that the parent met the burden of proof under section (c); or if the parent did not meet the burden of proof under section (c), the court must deny the motion;
(2) set or affirm future hearing dates;
(3) address and advise the parent in open court that the failure to attend further proceedings without good cause and failure to participate in reunification services may result in the termination of parental rights or the establishment of a permanent guardianship of the child, based upon the record and evidence presented. 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 the consequences of failure to attend subsequent proceedings and participate in reunification services. The court may provide the parent with a copy of Form 1, request that the parent sign and return a copy of the form, and note on the record that the form was provided;
(4) if ICWA applies, and the court has not yet done so, make findings pursuant to 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 preferences; and
(5) make any other findings and enter any other orders appropriate or required by law.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 342, AZ ST JUV CT Rule 342
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