Tuesday, October 23, 2012

Adoption Arizona


17B A.R.S. Juv.Ct.Rules of Proc., Rule 79
Rule 79. Petition to Adopt



17B A.R.S. Juv.Ct.Rules of Proc., Rule 79

Arizona Revised Statutes Annotated Currentness
Rules of Procedure for the Juvenile Court
 Part IV. Adoption
 4. Adoption
Rule 79. Petition to Adopt


A. Petition to Adopt. The petition to adopt and notice of hearing shall be filed with the clerk of the court. A petition to adopt shall be captioned, “In the Matter of___, a person under the age of 18 years,” and may be based upon information and belief. In addition to information required by law, each petition to adopt shall contain the following information:

1. Whether the child to be adopted is an Indian child subject to the requirements of the Indian Child Welfare Act. If the Act applies, the petition shall include the following:

a. Whether the placement preferences required by Section 1915 of the Act have been complied with;

b. The name of the Indian child's tribe, if known;

c. Whether the Indian child is reasonably believed to be a resident or domiciliary of an Indian reservation; and

d. Whether the Indian child is a ward of a tribal court;

2. Whether all necessary consents have been obtained, noting any exceptions as provided by law;

3. Whether any termination of parental rights proceeding is pending, including any appeal; and

4. Whether approval has been granted through the Interstate Compact on the Placement of Children, if applicable.

B. Hearing.

1. Time Limits. The Court shall hold the hearing on the petition:

a. Within sixty days if the child has resided in the home of the prospective adoptive parent or parents for at least one year immediately preceding the filing of the petition for adoption unless the prospective adoptive parent is the stepparent of the child who has been married to the birth or legal parent of the child for less than one year.;

b. Within ninety days if the child is under three years of age when the petition is filed or has resided in the home of the prospective adoptive parent or parents for at least six months preceding the filing of the petition for adoption unless the prospective adoptive parent is the stepparent of the child who has been married to the birth or legal parent of the child for less than one year.

c. Within six months after the filing the petition in all other cases.

2. Notice. A notice of hearing shall accompany the petition and shall advise the parties as to the date, time and location of the hearing. If the child is an Indian child, in addition to service as required by this rule, the child's parent or Indian custodian and the child's tribe shall be notified pursuant to Rule 76(B) if the parent or Indian custodian did not voluntarily place the child for adoption.

C. Service. A petition to adopt and notice of hearing shall be served by the petitioner, pursuant to Rule 76, upon the following persons:

1. The petitioner,

2. The person, division or agency conducting the social study;

3. Any person, division or agency required by law to give consent unless consent and a waiver of notice has been filed previously with the court; and

4. Any person who has initiated a paternity action as provided by law.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended and effective on an emergency basis Sept. 26, 2008. Adopted on a permanent basis Sept. 3, 2009, effective Jan. 1, 2010.

APPLICATION


17B A. R. S. Juv. Ct. Rules of Proc., Rule 79, AZ ST JUV CT Rule 79

Current with amendments received through 10/1/12

(C) 2012 Thomson Reuters. No Claim to Orig. US Gov. Works.

END OF DOCUMENT


© 2012 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.

17B A.R.S. Juv.Ct.Rules of Proc., Rule 81
Rule 81. Consent to Adopt



17B A.R.S. Juv.Ct.Rules of Proc., Rule 81

Arizona Revised Statutes Annotated Currentness
Rules of Procedure for the Juvenile Court
 Part IV. Adoption
 4. Adoption
Rule 81. Consent to Adopt


A. Motion to Set Hearing. Any person required to sign a consent to adopt before the court shall motion the court, orally or in writing as provided in Rule 74, to set a hearing for the purpose of taking the consent. The court shall set a hearing and shall notify the person seeking to give consent of the location, date and time of the hearing.

B. Procedure. At the hearing, the person seeking to give consent is responsible for the following:

1. Providing the court with proof of identification which shall include a photograph of the person so that the court can verify the identity of the person before taking a consent to adopt;

2. Making arrangements for the presence of a certified court reporter at the hearing if one is required to effectuate an out-of-state adoption; and

3. Providing the court with copies of the consents for signature if required, which shall include an additional copy for the court. All copies for signature shall be accompanied by self-addressed, stamped envelopes if the person consenting will request that the court mail the consents to the state where the adoption will occur.

C. Consent to Adopt an Indian Child. If the child is an Indian child, in addition to requirements as provided by law, the consent to adopt shall contain the following information:

1. The name and birth date of the Indian child;

2. The name of the Indian child's tribe;

3. The identifying number or other indication of the Indian child's membership in the tribe;

4. The name and address of the consenting parent or Indian custodian; and

5. The name and address of the person, division or agency through whom any preadoptive or adoptive placement has been or is to be made.

D. Findings and Orders. At the conclusion of the hearing the court shall, by order or minute entry, state that consents were signed by the person appearing before the court. In the case of an Indian child, the consents shall be accompanied by the presiding judge's certificate that the terms and conditions were fully explained in detail, in English or interpreted in a language the parent or Indian custodian could understand, and were understood by the parent or Indian custodian. The signed consents shall be returned to the person consenting to the adoption. E. Invalid Consent. A consent given less than seventy-two (72) hours after the birth of the child is invalid. In the case of an Indian child, any consent given prior to, or within ten (10) days after the birth of an Indian child is invalid.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended Sept. 18, 2006, effective Jan. 1, 2007.

COMMITTEE COMMENT

This rule governs procedures relating to the signing of consents by a birth parent as part of an out-of-state adoption where the consents are required to be given in open court or consents involving an Indian child.



APPLICATION


17B A. R. S. Juv. Ct. Rules of Proc., Rule 81, AZ ST JUV CT Rule 81

Current with amendments received through 10/1/12

(C) 2012 Thomson Reuters. No Claim to Orig. US Gov. Works.

END OF DOCUMENT


© 2012 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.

17B A.R.S. Juv.Ct.Rules of Proc., Rule 83
Rule 83. Documentation Required to Adopt



17B A.R.S. Juv.Ct.Rules of Proc., Rule 83

Arizona Revised Statutes Annotated Currentness
Rules of Procedure for the Juvenile Court
 Part IV. Adoption
 4. Adoption
Rule 83. Documentation Required to Adopt


A. Within ten (10) days prior to the finalization of an adoption, the petitioner shall provide to the court the following documents, if applicable:

1. A certified copy of the birth certificate of the child to be adopted;

2. A notarized affidavit signed by the birth mother identifying all potential fathers of the child as provided by law;

3. An affidavit that a search of paternity filings was conducted;

4. A certificate from the department of health services signed by the state registrar of vital statistics stating that a diligent search has been made of the registry of notices of claims of paternity from potential fathers and the results of the search;

5. Affidavit of service of process upon all potential fathers as provided by law;

6. An affidavit of compliance from an attorney or agency as provided by law;

7. A verified accounting, unless the prospective adoptive parent is the child's step-parent;

8. Notarized statements from any birth parent granting or denying permission for the child being adopted to obtain identifying information about the child and the consenting parent upon the child reaching twenty-one (21) years of age and granting or denying permission to be informed of the death of the child, as provided by law;

9. The original agreement entered into by the birth parent and prospective adoptive parent regarding future communications among the parties, as provided by law; and

10. The social study, as required by law or ordered by the court.

B. The following documents may be provided to the court prior to or at the time of the hearing:

1. The certificate of adoption;

2. The order of adoption; and

3. All original consents as provided by law.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001.

APPLICATION


17B A. R. S. Juv. Ct. Rules of Proc., Rule 83, AZ ST JUV CT Rule 83

Current with amendments received through 10/1/12

(C) 2012 Thomson Reuters. No Claim to Orig. US Gov. Works.

END OF DOCUMENT


© 2012 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.