Rule 408. Certification 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 408
Formerly cited as AZ ST JUV CT Rule 77
Rule 408. Certification to Adopt
(a) Application for Certification. Any prospective adoptive parent must submit a written application for certification and be certified by the court as acceptable to adopt children, as provided by A.R.S. § 8-105, before filing a petition to adopt. This requirement does not apply to individuals identified in A.R.S. § 8-105(N).
(b) Dismissal of the Application Due to Insufficient Information. If the court is unable to certify the applicant as acceptable to adopt a child because the application lacks the information required by A.R.S. § 8-105, the court may dismiss the application or permit the applicant to submit supplemental information. If the court dismisses the application, the applicant may submit a subsequent application, in which event the court may consider information contained in the original application.
(3) determine that the applicant is unacceptable to adopt children, in which event it must notify the applicant and the person, department, agency, or entity responsible for preparing the certification report of the court's determination, the reason for the denial, and the applicant's right to a hearing on the denial of certification.
(d) Motion for Hearing on Denial of Certification. The applicant may file a motion requesting a hearing on the denial of certification. The motion must be filed no later than 30 days after entry of the minute entry or order denying certification. The court must set an evidentiary hearing that begins no later than 60 days after the filing of the motion. The court must notify the applicant and the person, division, agency, or entity responsible for preparing the certification report of the location, date, and time of the hearing.
(f) Access to Information. The applicant may obtain a copy of the information contained in the court's file as prescribed by law. Before providing a copy, the clerk must redact the results of the criminal background check, information obtained from DCS records, and information provided by references, other than names.
(i) Findings and Orders. The court must make specific findings of fact concerning the applicant's acceptability to adopt based upon the evidence presented at the hearing. All findings and orders must be in a signed minute entry or written order. The court must advise the applicant of the right to appeal an adverse ruling.
Credits
Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 408, AZ ST JUV CT Rule 408
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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