Arizona Laws 8-841. Dependency petition; service; preliminary orders; hearing
A. Except as provided in subsection B of this section the department or any interested party may file a petition to commence proceedings in the juvenile court alleging that a child is dependent.
Terms Used In Arizona Laws 8-841
- Department: means the department of child safety. See Arizona Laws 8-201
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- juvenile: means an individual who is under eighteen years of age. See Arizona Laws 8-201
- Juvenile court: means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility. See Arizona Laws 8-201
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Petition: means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. See Arizona Laws 8-201
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. An interested party may not file a dependency petition concerning a child who has been adjudicated delinquent and is under the jurisdiction of the juvenile court, who is awaiting delinquency adjudication or disposition or who has been released from the department of juvenile corrections within the previous six months, unless both of the following occur:
1. The interested party contacts the department pursuant to section 8-455 at least fourteen days before filing the petition and provides the department with notice of the intent to file a petition pursuant to this subsection, the allegations contained in the petition and the factual basis supporting the allegations.
2. The interested party affirms in the petition that the requirements of paragraph 1 of this subsection have been met.
C. The petition shall be verified and shall contain all of the following:
1. The name, age and address, if any, of the child on whose behalf the petition is brought.
2. The names and addresses, if known, of both parents and any guardian of the child.
3. A concise statement of the facts to support the conclusion that the child is dependent.
4. If the child was taken into temporary custody, the date and time the child was taken into custody.
5. Whether the department believes that an aggravating circumstance described in section 8-846, subsection D, paragraph 1 exists.
6. A statement whether the child is subject to the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code §§ 1901 through 1963).
D. The person who files the petition shall have the petition and a notice served on:
1. The parents and any guardian of the child.
2. The child’s guardian ad litem or attorney.
3. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement.
4. The department if the petition is filed pursuant to subsection B of this section.
E. The notice shall contain all of the following:
1. The name and address of the person to whom the notice is directed.
2. The date, time and place of the hearing on the petition.
3. The name of the child on whose behalf the petition has been filed.
4. A statement that the parent or guardian and the child are entitled to have an attorney present at the hearing and that, if the parent or guardian is indigent and cannot afford an attorney and wants to be represented by an attorney, one will be provided.
5. A statement that the parent or guardian must be prepared to provide to the court at the initial dependency hearing the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.
6. A statement that the hearing may result in further proceedings for permanent guardianship or to terminate parental rights.
F. The petition and notice shall be served on a parent or guardian as soon as possible after the petition is filed and at least five days before the initial dependency hearing if the parent or guardian did not attend the preliminary protective hearing. If a parent or guardian does attend the preliminary protective hearing, the petition and notice shall be served at the preliminary protective hearing.
G. Except as provided in subsection H of this section, on the filing of the petition, the court may issue any temporary orders necessary to provide for the safety and welfare of the child.
H. If a petition is filed pursuant to subsection B of this section, the court may not issue any temporary orders with respect to the department, including placing the child in the department’s legal or physical custody, joining the department as a party or ordering the department to provide any services to the child or the family, without first conducting a hearing. At the hearing, the court shall take evidence on the request of the department or a party. The court shall provide the department and a party at least seventy-two-hours written or electronic notice of the hearing and an opportunity to be heard as to any proposed orders. If the department is provided proper notice and fails to appear, the court may proceed with the hearing.