Arizona Laws 8-843. Initial dependency hearing; rights
A. At any dependency hearing, the court’s primary consideration shall be the protection of a child from abuse or neglect.
Terms Used In Arizona Laws 8-843
- Abuse: means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child. See Arizona Laws 8-201
- Department: means the department of child safety. See Arizona Laws 8-201
- 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.
- In-home intervention: means a program of services provided pursuant to article 14 of this chapter while the child is still in the custody of the parent, guardian or custodian. See Arizona Laws 8-801
- including: means not limited to and is not a term of exclusion. 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
- Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
B. At the initial dependency hearing, the court shall ensure that the parent or guardian has been advised of the following rights:
1. The right to counsel, including appointed counsel if the parent or guardian is indigent.
2. The right to trial by the court on the allegations in the petition.
3. The right to cross-examine all witnesses that are called to testify against the parent or guardian.
4. The right to use the process of the court to compel the attendance of witnesses.
C. If the parent or guardian admits or does not contest the allegations in the petition, the court shall determine that the parent or guardian understands the rights described in subsection B of this section and that the parent or guardian knowingly, intelligently and voluntarily waives these rights.
D. If the parent or guardian denies the allegations in the petition, the court shall set the settlement conference, pretrial conference or mediation prescribed in section 8-844.
E. The court shall also determine if reasonable efforts were made to prevent or eliminate the need for removal of a child from the child’s home and if services are available that would eliminate the need for continued removal. If the child is:
1. In the custody of the department, the court shall order the department to make reasonable efforts to provide services to the child and parent to facilitate the reunification of the family, except as provided in section 8-846.
2. Not in the custody of the department and the department is not a party, the court may direct the parties to participate in reasonable services that will facilitate reunification of the family or another permanent plan for the child. The court shall not require the department to provide services pursuant to this paragraph.
F. Notwithstanding any other provision of this section, the court may stay the proceedings and order in-home intervention as provided in article 14 of this chapter.