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Rule 416. Hearing to Finalize Adoption

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 416
Formerly cited as AZ ST JUV CT Rule 84
Rule 416. Hearing to Finalize Adoption
(a) Attendance. The prospective adoptive parent, the spouse of the prospective adoptive parent, unless otherwise ordered by the court, and the child to be adopted must attend the hearing. The court may permit virtual attendance as provided by Rule 110. For good cause, the court may permit testimony by an oral deposition of an adoptive parent who is unable to attend the final adoption hearing, if the deposition was conducted in open court before the hearing.
(b) Burden of Proof. The burden of proof is on the petitioner to prove by a preponderance of the evidence that the prospective adoptive parent is a fit and proper person to adopt and that it is in the best interests of the child to be adopted.
(c) Procedure. At the hearing the court must:
(1) receive testimony from the parties verifying the information in the petition to adopt;
(2) if the child is 12 years of age or older, determine whether the child consents to the adoption;
(3) review any post-placement agreements between the parties under A.R.S. § 8-116.01 and approve such agreements, as appropriate;
(4) terminate the parental rights of the birth parent under Arizona law, if not terminated previously;
(5) if the child is an Indian child, determine whether:
(A) the tribe was notified of the proceedings and the right to intervene, if applicable;
(B) the parent or Indian custodian's consent to the adoption was taken in accordance with ICWA § 1913;
(C) the placement complies with the placement preferences set forth in ICWA, or whether good cause exists for deviating from the placement preferences provided in ICWA § 1915 and 25 C.F.R. §§ 23.130 through 23.132; and
(D) the parental rights of the parent or Indian custodian have been terminated in accordance with ICWA § 1912, 25 C.F.R. §§ 23.121 through 23.122, and Rule 351; and
(6) set an additional hearing if the court cannot proceed with the adoption hearing for any reason.
(d) Findings and Orders. The court must make its findings in a signed minute entry or order and grant or deny the petition to adopt at the conclusion of the hearing. The court may take the matter under advisement if information required by law was not received by the court before or at the hearing, as required by these rules.
(e) ICWA. If the child is an Indian child:
(1) the court must make findings and enter orders pursuant to the standards and burdens of proof required under ICWA; and
(2) pursuant to ICWA § 1951, the court must direct the clerk to provide the Secretary of the Interior with a copy of the final adoption decree and the following information:
(A) the name and tribal affiliation of the child;
(B) the names and addresses of the biological parents;
(C) the names and addresses of the adoptive parents; and
(D) contact information for DCS or any agency having files or information relating to such adoptive placement.
(f) Dismissal of a Dependency Action. If the adopted child is a ward of the court in the county where the adoption is granted, the court must dismiss the dependency action. If the child is a ward of the court in another county or state, the court must direct the department or agency that has legal custody of the child to file a motion to dismiss in the county where the child is a ward, or to notify the other state of the adoption order.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 416, AZ ST JUV CT Rule 416
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.
End of Document