A.R.S. § 8-841

 

Arizona Revised Statutes Annotated Currentness
Title 8. Children
Chapter 10. Dependent Children
Article 3. Dependency Determination and Disposition

§ 8-841. Dependency petition; service; preliminary orders

A. Any interested party may file a petition to commence proceedings in the juvenile court alleging that a child is dependent.

B. 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. 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 sections 1901 through 1963).

C. 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.

D. 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, type of relationship and all available information necessary to locate persons 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.

E. 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.

F. On the filing of the petition, the court may issue any temporary orders necessary to provide for the safety and welfare of the child.

CREDIT(S)

Added by Laws 1997, Ch. 222, § 52, eff. July 1, 1998. Amended by Laws 1998, Ch. 276, § 27, eff. Jan. 1, 1999; Laws 1999, Ch. 81, § 14; Laws 2000, Ch. 369, § 11; Laws 2001, Ch. 218, § 3; Laws 2009, Ch. 148, § 4, eff. Jan. 1, 2010.

HISTORICAL AND STATUTORY NOTES

The 1998 amendment by Ch. 276 rewrote subsec. E, which had read:

"E. The petition and notice shall be served as soon as possible after the petition is filed and at least five days before the initial dependency hearing unless they are served at the hearing to review temporary custody."

The 1999 amendment by Ch. 81 inserted "for permanent guardianship or", in subsec. D, par. 5.

The 2000 amendment by Ch. 369 inserted subsec. B, par. 5, and subsec. C, par. 3.

The 2001 amendment by Ch. 218 added subsec. F relating to temporary orders necessary to provide for the safety and welfare of the child.

The 2009 amendment by Ch. 148 added a new subsec. D, par. 5; and redesignated former subsec. D, par. 5 as par. 6.

Laws 2009, Ch. 148, § 8 , provides:

"Sec. 8. Delayed effective date

"This act is effective from and after December 31, 2009."

Reviser's Notes:

1997 Note. Pursuant to authority of § 41-1304.02, subsections D, E and F were relettered as C, D and E, respectively, to correct a manifest clerical error.

A. R. S. § 8-841, AZ ST § 8-841

Current through the Second Regular Session and Ninth Special Session of        
the Forty-Ninth Legislature (2010).                                     .      

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