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Rule 411. Service of the Petition to Adopt and Notice of 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 IV. Adoptions
2. Adoption Proceedings
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 411
Formerly cited as AZ ST JUV CT Rule 76;  AZ ST JUV CT Rule 79
Rule 411. Service of the Petition to Adopt and Notice of Hearing
(a) Generally. Except as provided in section (c), service of the petition and a notice of hearing must be accomplished under Civil Rules 4.1 and 4.2, but Civil Rules 4.1 and 4.2 are deemed modified as follows:
(1) No Summons. References to service of a summons are inapplicable because no summons is issued.
(2) Petitioner and Respondent. References to “plaintiff” mean the petitioner. References to “defendant” mean the respondent.
(b) Persons to Serve. The petitioner must serve the petition and a notice of hearing on the following persons:
(1) the person, department, or agency conducting the social study required by A.R.S. § 8-112;
(2) any person, department, or agency required by A.R.S. § 8-106 to give consent, unless consent and a waiver of notice were filed previously; and
(3) any person who has initiated a paternity action within the time required by A.R.S. § 8-106 (J).
(c) Indian Child. If there is reason to know that the child is an Indian child and the parent or Indian custodian did not voluntarily place the child for adoption, then in addition to service of process required by this rule, under 25 C.F.R. § 23.111, the petitioner must also give notice to the parent, Indian custodian, and tribe by registered or certified mail with return receipt requested. If the identity or location of the parent or Indian custodian cannot be determined, the moving party must give notice by registered or certified mail to the Secretary of the Interior, who has 15 days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe of the right to intervene.
(d) Objections. Any person objecting to the petition must promptly file an objection before the hearing.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 411, AZ ST JUV CT Rule 411
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.
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