17B A.R.S. Juv.Ct.Rules of Proc., Rule 59 Rule 59. Return of the Child

Currentness

A. Purpose. At any time after the temporary custody hearing, a parent, guardian, or Indian custodian may file a motion with the court requesting return of the child to the custody of the parent, guardian or Indian custodian. The court shall set a hearing to determine whether return of the child would create a substantial risk of harm to the child's physical, mental or emotional health or safety.

B. Time Limits. A hearing shall be set within thirty (30) days of the request for return of the child.

C. Reports. The petitioner shall file a report with the court, not less than fifteen (15) days prior to the hearing and shall provide copies to all parties. The report shall address the following:

1. The current case plan and goals of the case plan;

2. The parent, guardian or Indian custodian's compliance with the case plan; and

3. The petitioner's opinion as to whether return of the child to the parent, guardian or Indian custodian would create substantial risk of harm to the child's physical, mental, or emotional health or safety.

D. Procedure. The court shall consider evidence from the parties, in the form of testimony or documents admitted into evidence, which may include hearsay, in whole or in part, to determine whether the child can be returned to the parent, guardian or Indian custodian. The court shall consider the failure of the parent, guardian, or Indian custodian to comply with the terms of the case plan as evidence that return of the child would create a substantial risk of harm to the child.

E. Findings and Orders. All findings and orders shall be in the form of a signed order or contained in a minute entry. The court shall:

1. Return the child to the parent, guardian or Indian custodian if the court finds, by a preponderance of the evidence, that return of the child would not create a substantial risk of harm to the child's physical, mental or emotional health or safety; or

2. Affirm prior custody orders; and

3. Set additional hearings as required by law;

4. Address the parent, guardian or Indian custodian in open court and advise the parent, guardian or Indian custodian that failure to attend further proceedings without good cause shown and failure to participate in reunification services may result in the termination of parental rights or the establishment of a permanent guardianship of the child, based upon the record and evidence presented. The court shall advise the parent, guardian or Indian custodian that the hearings may go forward in the absence of the parent, guardian or Indian custodian. The court shall make specific findings that it advised the parent, guardian or Indian custodian of the consequences of failure to attend subsequent proceedings and participate in reunification services. The court may provide the parent, guardian or Indian custodian with a copy of Form 1, request that the parent, guardian or Indian custodian sign and return a copy of the Form, and note on the record that the Form was provided;

5. If ICWA applies, the court shall make findings pursuant to the standards and burdens of proof as required under ICWA and the Regulations, including whether placement of the Indian child is in accordance with Section 1915 of ICWA and 25 C.F.R. 23.131 or whether there is good cause to deviate from the preferences; and

6. Make findings and enter any other orders as may be appropriate or required by law.

Credits

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended on emergency basis effective Jan. 31, 2002. Adopted in final form and amended, effective May 31, 2002. Amended Jan. 20, 2006, effective July 1, 2006; Sept. 3, 2009, effective Jan. 1, 2010; amended effective Aug. 10, 2017.

17B A. R. S. Juv. Ct. Rules of Proc., Rule 59, AZ ST JUV CT Rule 59

State Court Rules are current with amendments received through 11/1/21. The Code of Judicial Administration is current with amendments received through 11/1/21.

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