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Rule 418. Enforcement or Modification of Post-Placement Agreements

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 418
Formerly cited as AZ ST JUV CT Rule 87
Rule 418. Enforcement or Modification of Post-Placement Agreements
(a) Motion to Enforce or Modify. After a good faith attempt to mediate any disagreements, any party to a court-approved post-placement agreement under A.R.S. ยง 8-116.01 may move the court to enforce or modify the agreement. The motion must state the parties' efforts to mediate their disagreements before the motion was filed. The court must set a hearing and notify the parties of the location, date, and time of hearing.
(b) Findings and Orders.
(1) At the conclusion of the hearing, the court will determine whether there has been a breach of the post-placement agreement, and whether the original agreement should be enforced or modified.
(2) The court may modify an approved agreement if it finds that modification is necessary to serve the best interests of the child and one of the following is true:
(A) the modification is agreed to by the adoptive parents, or
(B) exceptional circumstances have arisen since the agreement was approved that justify modification of the agreement.
(3) The court must make its findings in a signed minute entry or order.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 418, AZ ST JUV CT Rule 418
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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