Rule 410. Petition to Adopt
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 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) 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
(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 May 15, 2024. The Code of Judicial Administration is current with amendments received through May 15, 2024.
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