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Rule 410. Petition to Adopt

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 410
Formerly cited as AZ ST JUV CT Rule 79
Rule 410. Petition to Adopt
(a) Contents of the Petition. A petition to adopt must be captioned, “In the Matter of___, a person under the age of 18 years,” and the allegations of the petition may be based upon information and belief. In addition to information required by A.R.S. § 8-109, the petition must contain the following information:
(1) whether all necessary consents have been obtained, noting any exceptions as provided by law;
(2) whether a petition for termination of parental rights has been granted or is pending, including any pending special action or appeal;
(3) whether approval has been granted through the Interstate Compact on the Placement of Children, if applicable; and
(4) if the child is an Indian child:
(A) the name of the Indian child's tribe, if known;
(B) whether there is compliance with the placement preferences required under ICWA § 1915 and 25 C.F.R. § 23.130;
(C) whether the petitioner reasonably believes that the Indian child is a resident or domiciliary of an Indian reservation; and
(D) whether the Indian child is a ward of a tribal court.
(b) Setting a Hearing on a Petition. The court must hold the hearing on the petition:
(1) no later than 60 days after the filing of the petition if the child has resided in the home of the prospective adoptive parent for at least one year immediately preceding the filing of the petition for adoption. If the prospective adoptive parent is the stepparent of the child, this requirement applies only if the stepparent has been married to the birth or legal parent of the child for at least one year;
(2) no later than 90 days after the filing of the petition if the child is under three years of age or has resided in the home of the prospective adoptive parent for at least six months preceding the filing of the petition for adoption. If the prospective adoptive parent is the stepparent of the child, this requirement applies only if the stepparent has been married to the birth or legal parent of the child for at least one year; or
(3) in all other cases, no later than 6 months after the filing of the petition.
(c) Expedited Hearing. The court must hold an expedited hearing if a party files a motion supported by an affidavit that an expedited hearing is in the child's best interests and that any of the following is true:
(1) the child is suffering from a chronically debilitating progressive or fatal disease, as diagnosed by a licensed physician;
(2) a prospective adoptive parent, birth parent, or legal parent is terminally ill, as diagnosed by a licensed physician;
(3) the child is free for adoption, is at least 16 years of age, consents to adoption, and has lived with the prospective adoptive parent or parents for at least 6 months; or
(4) the court finds other compelling reasons relating to the special needs and welfare of the child to expedite the hearing.
(d) Indian Child. If there is reason to know the child is an Indian child and the parent or Indian custodian did not voluntarily place the child for adoption, then under 25 C.F.R. § 23.112, the court may not hold a hearing until at least 10 days after receipt of notice by the child's parent or Indian custodian and the tribe or the Secretary of the Interior. On written request by the parent, Indian custodian, or tribe, the court must grant no more than 20 additional days to prepare for the hearing. The child's parent, Indian custodian, or tribe may waive the 10-day notice requirement for purposes of proceeding with the adoption hearing.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 410, AZ ST JUV CT Rule 410
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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