Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part I. General Provisions

Rule 8. Applicability of the Indian Child Welfare Act

A. The Indian Child Welfare Act, 25 U.S.C. 1901 et seq., shall not apply to delinquency, incorrigibility or transfer proceedings involving an Indian child.

B. Incorporation.  All provisions of the Indian Child Welfare Act shall be incorporated by reference, including any amendments to the Act.

C. Findings.  The court shall make all findings pursuant to the standards and burdens of proof as required by the Indian Child Welfare Act.

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part III. Dependency, Guardianship and Termination of Parental Rights

2. General Provisions

Rule 37. Definitions

A. Parties. Reference to a party to the action means a child, parent, guardian, the Arizona Department of Economic Security or petitioner, and any person or entity who has been permitted to intervene pursuant to Rule 24, Ariz. R. Civ. P., or the Indian Child Welfare Act.

B. Participants. Participants shall include foster parents and any other person permitted by the court or authorized by law to participate in the proceedings. Participants shall be notified of all applicable proceedings, as required by law or ordered by the court.

C. Definitions and Mandatory Placement Preferences pursuant to the Indian Child Welfare Act, 25U.S.C. 1903 and 1915:

1. Parent. The term parent means any biological parent of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. It does not include the unwed father where paternity has not been acknowledged or established.

2. Indian Child. The term Indian child means any unmarried person under the age of eighteen (18) and who is either a member of an Indian tribe or is eligible for membership in an Indian tribe and is the biological child of a member of the Indian tribe. The findings and elevated burden of proof required by the Indian Child Welfare Act shall not apply until the court finds that the child is either a member of an Indian tribe or is eligible for membership in an Indian tribe and is the biological child of a member of the Indian tribe.

3. Indian Child's Tribe. The term Indian child's tribe means the Indian tribe in which an Indian child is a member or eligible for membership or, in the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contacts.

4. Indian Custodian. The Indian custodian means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law, or to whom temporary physical care, custody and control has been transferred by the parent of the child.

5. Indian Tribe. Indian tribe means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaska Native village as defined in 43 U.S.C. 1602(c).

6. Extended Family Member. The term extended family member means a person as defined by law or custom of the Indian child's tribe, or, in the absence of such law or custom, means a person who has reached the age of eighteen (18) and who is the Indian child's grandparent, aunt or uncle, sister or brother, sister-in-law or brother-in-law, niece or nephew, first or second cousin, or step-parent.

7. Foster Care or Preadoptive Placement Preferences. Any child accepted for foster care or preadoptive placement shall be in the least restrictive setting which most approximates a family and in which the child's special needs, if any, may be met. The child shall be placed within a reasonable proximity to the child's home, taking into account any special needs of the child. In any foster care or preadoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with:

a. A member of the Indian child's extended family;

b. A foster home licensed, approved or specified by the Indian child's tribe;

c. An Indian foster home licensed or approved by an authorized non-Indian licensing authority; or

d. An institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the child's needs.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended Jan. 20, 2006, effective July 1, 2006.

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part III. Dependency, Guardianship and Termination of Parental Rights

2. General Provisions

Rule 38. Assignment, Appointment of Counsel

A. Assignment of Counsel.  Counsel shall be assigned to represent those persons entitled to counsel as provided by law and the Indian Child Welfare Act, from the filing of a dependency petition through the preliminary protective hearing until the court formally appoints counsel or otherwise relieves assigned counsel.  Counsel is required to meet with the client prior to the preliminary protective hearing.  Assigned counsel is not counsel of record for purposes of accepting service of process for a parent, guardian or Indian custodian who does not appear for the preliminary protective hearing.

B. Appointment of Counsel.  The court shall order the appointment of counsel for those persons entitled to counsel and determined to be indigent, as provided by law.  In determining whether a person is indigent, the court shall:

1. Order the person to provide proof of financial resources by filing a financial questionnaire provided by the court.  The court may question the person under oath.  If the court determines the person is not indigent the court may order the person to pay a reasonable portion of the cost of counsel or deny the request for appointment of counsel.

C. Manner of Appointment.  If the court enters an order appointing or denying counsel, a copy of the order or minute entry shall be provided to the parties.

APPLICATION

<New Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001;  Rules 36 through 66 shall apply to cases filed on or after January 1, 2001;  and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part III. Dependency, Guardianship and Termination of Parental Rights

2. General Provisions

Rule 40. Appointment of Guardian Ad Litem

A. The court may appoint a guardian ad litem to protect the interest of the child.  The guardian ad litem may be an attorney, volunteer special advocate or other qualified person.

B. In any proceeding where a parent, guardian or Indian custodian is under eighteen (18) years of age, the court may appoint a guardian ad litem to protect the interests of such parent.

C. If the court has reason to believe a parent, guardian or Indian custodian may be incompetent, the court shall appoint a guardian ad litem to conduct an investigation and report to the court as to whether the parent, guardian or Indian custodian may be incompetent and in need of protection.  The court shall conduct hearings and enter orders as determined to be necessary to protect the interests of the parent, guardian or Indian custodian.

APPLICATION

<New Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001;  Rules 36 through 66 shall apply to cases filed on or after January 1, 2001;  and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part III. Dependency, Guardianship and Termination of Parental Rights

3. Dependency

Rule 48. Petition, Temporary Orders and Findings, Notice of Hearing, and Service of Process.

A. Petition. A dependency petition invokes the authority of the court to act on behalf of a child who is alleged to be a dependent child. A petition on behalf of a dependent child shall be generally in the form and contain the information required by law. The action shall be captioned, "In the Matter of __________ a person under the age of 18 years," may be based upon information and belief and shall state whether the child is an Indian child as defined by the Indian Child Welfare Act. The petitioner shall indicate a request for in-home intervention by including the words "In-home intervention requested" in parentheses below the words "Dependency Petition."

B. Temporary orders and findings. When the interests of the child require immediate action, upon the filing of a petition under oath, the court may enter an order making the child a temporary ward of the court pending the hearing, which shall be scheduled at that time. Upon the filing of a petition, the court may issue temporary orders necessary to provide for the safety and welfare of the child, shall make determinations required by Rule 47.1 and shall make findings as required by law.

C. Notice of hearing [S]. In addition to information required by law, the notice of hearing shall advise the parent, guardian or Indian custodian that failure to appear, without good cause shown, may result in a finding that the parent, guardian or Indian custodian has waived legal rights and is deemed to have admitted the allegations in the petition. The notice shall state that the hearings may go forward in the absence of the parent, guardian or Indian custodian and may result in an adjudication of dependency, the termination of parental rights or the establishment of a permanent guardianship based upon the record and evidence presented. The notice of hearing shall also advise of the right to make a request, or motion prior to any hearing that the hearing be open to the public.

D. Service of petition. The petitioner shall serve a copy of the petition, notice of hearing and temporary orders upon those persons as required by law. The petitioner shall provide any parent, guardian or Indian custodian appearing at the preliminary protective hearing with a copy of the petition, notice of hearing and temporary orders which shall constitute service, as provided by law. Otherwise, the petition, notice of hearing and temporary orders shall be served in the manner provided for in Rules 4.1 or 4.2, Arizona Rules of Civil Procedure. Except for service of process that occurs at the preliminary protective hearing or the execution of an acceptance of service and waiver, service of process shall be completed no less than five (5) days prior to the court hearing. In dependency proceedings:

1. References to service of summons are inapplicable since no summons is issued;

2. Reference to plaintiff shall mean the petitioner;

3. Reference to defendant shall mean the respondent or respondents;

4. No responsive pleading to the petition is required. A party served shall appear and answer at the time and place indicated on the notice of hearing and temporary orders served with the petition;

5. Service of process within Arizona by mail shall be as follows: When the address of a person who resides outside the county is known, the person may be served by depositing a copy of the petition, notice of hearing and temporary order in the post office, postage prepaid, to be sent to the person to be served by any form of mail requiring a signed and returned receipt. Service by mail pursuant to this section and the return may be made by the party procuring service or by that party's attorney. Upon receipt through the post office of the signed receipt, the serving party shall file an affidavit with the court stating:

a. The circumstances warranting the utilization of service by mail;

b. That copies of the petition, notice of hearing and temporary orders were dispatched to the person being served;

c. That the copies were in fact received by the person to be served as evidenced by the receipt, a copy of which shall be attached to the affidavit; and

d. The date of receipt by the party being served and the date the receipt was received by the sender.

The affidavit shall be prima facie evidence of personal service of the petition, notice of hearing and temporary orders, and service shall be deemed complete from the date of receipt by the party being served, provided that such completion is no less than five (5) days prior to the hearing and that the affidavit required by this section has been filed prior to or at the time of hearing.

6. Otherwise, service of process within Arizona shall be pursuant to Rule 4.1, Ariz. R. Civ. P., paragraphs (d) Service of Summons Upon Individuals, (g) Service of Summons Upon Incompetent Person, (m) Alternative or Substituted Service or (n) Service by Publication and Return;

7. Service upon conservator for a minor. If a conservator has been appointed for the child, the conservator shall be served pursuant to Rule 4.1, Ariz. R. Civ. P;

8. Service of process outside the state shall be pursuant to Rule 4.2, Arizona Rules of Civil Procedure paragraphs (a) Extraterritorial Jurisdiction and Personal Service Out of State, (b) Direct Service, (c) Service by Mail and Return, (f) Service by Publication and Return, (i) Service Upon Individuals in a Foreign Country or (j) Service Upon Minors and Incompetent Persons in a Foreign country; and

9. If the petition alleges or the court has reason to believe the child at issue is an Indian child as defined by the Indian Child Welfare Act, in addition to service of process as required by these rules, notification shall be given to the parent, Indian custodian and child's tribe. Notice shall be provided by registered mail with return receipt requested. If the identity or location of the parent or Indian custodian cannot be determined, notice shall be given to the Secretary of the Interior by registered mail and the Secretary of the Interior shall have fifteen (15) days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe. The notice shall advise the parent or Indian custodian and the tribe of their right to intervene. No hearing shall be held until at least ten (10) days after receipt of notice by the parent or Indian custodian and the tribe or the Secretary. The court shall grant up to twenty (20) additional days to prepare for the hearing if a request is made by the parent or Indian custodian or the tribe.

10. The parent, Indian custodian or the child's tribe may waive the ten (10) day notice requirement, pursuant to the Indian Child Welfare Act, for purposes of proceeding with the preliminary protective hearing within the time limit as provided by state law.

E. Amended petitions. A petition may be amended by the petitioner upon order of the court not less than thirty (30) days prior to trial unless good cause is shown. A motion to amend shall accompany the amended petition and the amended petition shall be served pursuant to paragraph (D) of this rule. Petitions amended to add allegations against a parent not set forth in the original petition shall be served pursuant to Rule 5(c) Ariz. R. Civ. P.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended on emergency basis effective Jan. 31, 2002. Adopted in final form, effective May 31, 2002. Amended and effective on an emergency basis Jan. 26, 2004. Amended and effective June 8, 2004. Amended Jan. 20, 2006, effective July 1, 2006; Dec. 8, 2006, effective Jan. 1, 2007.

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part III. Dependency, Guardianship and Termination of Parental Rights

3. Dependency

Rule 50. Preliminary Protective Hearing.

A. Purpose. At the preliminary protective hearing, the court shall determine whether continued temporary custody of the child is necessary and shall enter appropriate orders as to custody, placement, visitation and the provision of services to the child and family.

B. Procedure. At the preliminary protective hearing, the court shall: advise the parties of the right to request that the preliminary protective hearing and subsequent hearings be open and, if appropriate under Rule 41, grant that the hearing be open and the court shall also:

1. Inquire if any party has reason to believe that the child at issue is subject to the Indian Child Welfare Act;

2. Appoint counsel pursuant to Rule 38(B);

3. Determine whether service has been completed pursuant to Rule 48 or waived as to each party;

4. Identify all documents the court has received and will consider;

5. Review any agreements or stipulations reached at the pre-hearing conference to determine whether the agreement gives paramount consideration to the health and safety of the child. The court may approve or modify any agreements reached by the parties and enter orders as appropriate;

6. Conduct a review of temporary custody as set forth in Rule 51 if no agreement as to placement has been approved by the court;

7. Conduct the initial dependency hearing as set forth in Rule 52 for any party who is present and has been served. The court shall set a continued initial hearing as to any party who was not served and did not appear;

8. Determine whether a proposed case plan for services has been submitted and is appropriate;

9. Determine whether the Arizona Department of Economic Security has made arrangements for the assembly of the medical records of the child, a medical assessment of the child, the implementation of referrals and the communication of recommendations and results, as provided by law; and

10. Make any determinations required by Rule 47.1.

C. Findings and orders. All findings and orders, including any agreements reached by the parties, shall be in the form of a signed order or contained in a minute entry, and shall be provided to the parties at the conclusion of the hearing. The court shall:

1. Make findings and enter orders regarding temporary custody as required by law and Rule 51;

2. Make findings and enter orders as required by Rule 52(D);

3. Order the petitioner to obtain verification of the child's Indian status from the child's Indian tribe or from the United States Department of Interior, Bureau of Indian Affairs, if the court has reason to believe the child is an Indian child;

4. Make findings and enter orders regarding services for the child and family, including visitation, as required by law;

5. Address the parent, guardian or Indian custodian in open court and advise the parent, guardian or Indian custodian that failure to attend the pretrial conference, the settlement conference or the dependency adjudication hearing, without good cause shown, may result in a finding that the parent, guardian or Indian custodian has waived legal rights and is deemed to have admitted the allegations in the dependency petition. 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 and may result in a finding of dependency based upon the record and evidence presented. The party shall also be advised that failure to participate in reunification services may result in the termination of parental rights or the establishment of a permanent guardianship of the child. 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;

6. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act, including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences; and

7. Make findings and enter any other orders as may be appropriate or required by law, including the preparation of a disposition report as required in Rule 56.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended and effective on an emergency basis Jan. 26, 2004. Amended and effective June 8, 2004. Amended Jan. 20, 2006, effective July 1, 2006.

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part III. Dependency, Guardianship and Termination of Parental Rights

3. Dependency

Rule 52. Initial Dependency Hearing.

A. Purpose. At the initial dependency hearing, the court shall determine whether service has been completed and whether the parent, guardian or Indian custodian admits, denies or does not contest the allegations contained in the dependency petition.

B. Time limits. The initial hearing shall be held at the time of the preliminary protective hearing if the parent, guardian or Indian custodian appears or within twenty-one (21) days of the filing of the petition. If service by publication is required, the initial hearing shall be held no sooner than ten (10) days following the completion of service.

C. Procedure. At the initial hearing the court shall:

1. Inquire if any party has reason to believe that the child at issue is subject to the Indian Child Welfare Act;

2. Appoint counsel pursuant to Rule 38(B);

3. Determine whether service of process has been completed pursuant to Rule 48 or waived as to each party;

4. Advise the parent, guardian or Indian custodian of their rights as follows:

a. The right to counsel, including court appointed counsel if the parent, guardian or Indian custodian is indigent;

b. The right to cross examine all witnesses who are called to testify against the parent, guardian or Indian custodian;

c. The right to trial by the court on the allegations in the dependency petition;

d. The right to use the process of the court to compel the attendance of witnesses; and

e. The right to request prior to the hearing that any hearing be open to the public.

5. Determine whether paternity has been established as to any father and take testimony from the mother concerning the identity and location of any potential father; and

6. Inquire of the parent, guardian or Indian custodian whether they wish to admit, deny or not contest the allegations contained in the dependency petition.

a. Admission/No contest. If the parent, guardian or Indian custodian admits or does not contest the allegations in the petition, the court shall proceed with the dependency adjudication hearing pursuant to Rule 55 and set or conduct a disposition hearing pursuant to Rule 56.

b. Denial. If the parent, guardian or Indian custodian denies the allegations contained in the petition, the court shall set a settlement conference, pretrial conference or mediation and continue the child as a temporary ward of the court pending adjudication.

c. Failure to appear. If the parent, guardian or Indian custodian fails to appear at the initial hearing without good cause shown, and the court finds the parent, guardian or Indian custodian had notice of the hearing, was properly served pursuant to Rule 48, and that the notice of hearing advised the parent, guardian or Indian custodian regarding the consequences of failure to appear, including a warning that the hearing could go forward in the absence of the parent, guardian or Indian custodian, and that failure to appear may constitute a waiver of rights and an admission to the allegation contained in the dependency petition, the court may adjudicate the child dependent if the petitioner has established grounds upon which to adjudicate the child dependent, based upon the record and evidence presented. The court shall enter findings and orders pursuant to Rule 55.

D. Findings and Orders.  All findings and orders shall be in the form of a signed order or contained in a minute entry.   At the conclusion of the initial hearing the court shall:

1. Enter findings as to notification and service upon the parties and the court's jurisdiction over the subject matter and persons before the court;

2. Order the petitioner to effectuate service by publication if the requirements of Rules 4.1(n) or 4.2(f), Ariz. R. Civ. P. are established, and it appears that the party cannot reasonably be located;

3. Order the petitioner to obtain verification of the child's Indian status from the child's Indian tribe or from the United States Department of Interior, Bureau of Indian Affairs, if there is reason to believe the child is an Indian child;

4. Order that paternity be established, through paternity testing or authorize the execution of affidavits of paternity, as to any alleged father;

5. Set a continued initial hearing as to any party who was not served and did not appear;

6. Affirm prior orders making the child a temporary ward of the court;

7. Set a settlement conference, a pretrial conference or order the parties to attend mediation;

8. Address the parent, guardian or Indian custodian in open court and advise the parent, guardian or Indian custodian that failure to attend the pretrial conference, the settlement conference or the dependency adjudication hearing, without good cause shown, may result in a finding that the parent, guardian or Indian custodian has waived legal rights and is deemed to have admitted the allegations in the dependency petition. 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 and may result in a finding of dependency based upon the record and evidence presented. The party shall also be advised that failure to participate in reunification services may result in the termination of parental rights or the establishment of a permanent guardianship of the child. 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;

9. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act, including whether placement of the Indian child is in accordance with Section 1915 of the Act or whether there is good cause to deviate from the preferences; and

10. Make findings and enter any other orders as may be appropriate or required by law, including the preparation of a disposition report as required in Rule 56.

E. Continuance. The court may continue the initial dependency hearing, upon a showing of good cause, for reasons which may include:

1. Service of process and/or notification pursuant to the Indian Child Welfare Act has not been completed as to the parties;

2. Additional time is requested by the child's tribe or if additional time is required to comply with the requirements of the Indian Child Welfare Act; or

3. Additional time is required to obtain and/or consult with counsel and the best interests of the child would not be adversely affected.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended and effective on an emergency basis Jan. 26, 2004. Amended Jan. 20, 2006, effective July 1, 2006; Dec. 8, 2006, effective January 1, 2007.

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part III. Dependency, Guardianship and Termination of Parental Rights

3. Dependency

Rule 53. Settlement Conference.

A. Purpose. A settlement conference may be held for the purpose of identifying and resolving issues in a non-adversarial manner. In order to facilitate the conference, counsel shall meet with their clients prior to the conference.

B. Settlement Conference Memorandum. At least five days prior to the settlement conference, each party shall provide the court with a confidential settlement conference memorandum, which shall address the following:

1. A general description of the issues to be litigated and the position of each party with respect to each issue;

2. A general description of the evidence to be presented by each party;

3. A summary of any attempts to settle the matter;

4. An assessment by each party of the anticipated result if the matter did proceed to trial; and

5. Any other information a party believes would be helpful to the settlement process, including acceptable settlement proposals.

C. Procedure.

1. The assigned trial judge shall only participate in settlement discussions with the consent of the parties. In all other cases, the discussions shall be held before another judicial officer.

2. Statements made in the course of settlement negotiations shall not be used in future hearings, except as permitted by Rule 408, Ariz. Rules of Evidence;

3. The court may engage in ex parte communications with the consent of all those participating in the conference; and

4. If the parties are unable to reach agreement as to all issues, the parties shall advise the court of those issues which will be litigated and the time needed to conduct the dependency adjudication hearing.

D. Findings and Orders. All findings and orders shall be in the form of a signed order or contained in a minute entry. At the conclusion of the settlement conference, the court may:

1. Adjudicate the child dependent and enter findings and orders pursuant to Rule 55 and set or conduct a disposition hearing pursuant to Rule 56, if the court finds the parent, guardian or Indian custodian admits or does not contest that the child is dependent;

2. Adjudicate the child dependent and enter findings and orders pursuant to Rule 55 and set or conduct a disposition hearing pursuant to Rule 56 if the court finds that the parent, guardian or Indian custodian failed to appear at the settlement conference without good cause shown, had notice of the hearing, was properly served pursuant to Rule 48 and had been previously admonished regarding the consequences of failure to appear, including a warning that the hearing could go forward in the absence of the parent, guardian or Indian custodian and that failure to appear may constitute a waiver of rights and an admission to the allegations contained in the dependency petition. The court may adjudicate the child dependent based upon the record and evidence presented if the petitioner has established grounds upon which to adjudicate the child dependent;

3. Set a dependency adjudication hearing and may set a pretrial conference if the parties are unable to reach agreement;

4. Address the parent, guardian or Indian custodian in open court and advise the parent, guardian or Indian custodian that failure to attend the pretrial conference or the dependency adjudication hearing, without good cause shown, may result in a finding that the parent, guardian or Indian custodian has waived legal rights and is deemed to have admitted the allegations in the dependency petition. 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 and may result in a finding of dependency based upon the record and evidence presented. The party shall also be advised that failure to participate in reunification services may result in the termination of parental rights or the establishment of a permanent guardianship of the child. 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;

5. If the Indian Child Welfare Act applies, the court shall make findings pursuant to the standards and burdens of proof as required by the Act, including whether placement of the Indian child is in accordance with Section 1915 of the Act 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, including the preparation of a disposition report as required in Rule 56.

CREDIT(S)

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended Jan. 20, 2006, effective July 1, 2006.

Arizona Revised Statutes

Rules of Procedure for the Juvenile Court

Part III. Dependency, Guardianship and Termination of Parental Rights

3. Dependency

Rule 54. Pretrial Conference.

A. Purpose. A pretrial conference may be held prior to the dependency adjudication hearing to determine whether the parties are prepared and intend to proceed to trial or whether resolution of remaining issues in a non-adversarial manner is possible and to address any issues raised by the parties. Counsel shall meet with their clients prior to the conference.

B. Procedure.

1. If the parties wish to discuss possible settlement, the court shall conduct a settlement conference pursuant to Rule 53; or

2. If the parties advise the court that the matter will proceed to trial, the parties and the court shall confer to determine:

a. Whether disclosure has been made pursuant to Rule 44(B)(2);

b. The time needed for trial;

c. The scheduling of witnesses;

d. Any other issues raised by the parties as may be appropriate; and

e. Whether the trial will be open to the public.

f. How a verbatim record of the dependency adjudication hearing will be made.

C. Findings and Orders. All findings and orders shall be in the form of a signed order or contained in a minute entry. At the conclusion of the pretrial conference, the court may:

1. Adjudicate the child dependent and enter its findings and orders pursuant to Rule 55 and set or conduct a disposition hearing pursuant to Rule 56 if the court finds the parent, guardian or Indian custodian admits or does not contest that the child is dependent;

2. Adjudicate the child dependent and enter findings and orders pursuant to Rule 55 and set or conduct a disposition hearing pursuant to Rule 56 if the court finds that the parent, guardian or Indian custodian failed to appear at the pretrial conference without good cause shown, had notice of the hearing, was properly served pursuant to Rule 48 and had been previously admonished regarding the consequences of failure to appear, including a warning that the hearing could go forward in the absence of the parent, guardian or Indian custodian and that failure to appear may constitute a waiver of rights and an admission to the allegations contained in the dependency petition. The court may adjudicate the child dependent based upon the record and evidence presented if the petitioner has established grounds upon which to adjudicate the child dependent;

a. Set a dependency adjudication hearing date if the parties are unable to reach agreement. The court may order the parties to submit individual or joint pretrial statements to each other and the court prior to trial and/or submit proposed findings of fact and conclusions of law.