| Ariz. Rev. Stat. § 8-872
Arizona
Revised Statutes
Title
8. Children
Chapter
10. Dependent Children
Article
5. Permanent Guardianship
§ 8-872. Permanent
guardianship; procedure
A.
Any party to a dependency proceeding may file a motion for permanent guardianship.
The motion shall be verified by the person who files the motion and shall
include the following:
1.
The name, sex, residence and date and place of birth of the child.
2.
The facts and circumstances supporting the grounds for permanent guardianship.
3.
The name and address of the prospective guardian and a statement that
the prospective guardian agrees to accept the duties and responsibilities
of guardianship.
4.
The basis for the court's jurisdiction.
5.
The relationship of the child to the prospective guardian.
6.
Whether the child is subject to the federal Indian child welfare act of
1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code §§ 1901
through 1963) and if so:
(a)
The tribal affiliations of the child's parents.
(b)
The specific actions the person who files the motion has taken to notify
the
parents' tribes and the results of those contacts, including the names,
addresses, titles and telephone numbers of the persons contacted. The
person shall attach to the motion as exhibits any correspondence with
the tribes.
(c)
The specific efforts that were made to comply with the placement preferences
under the federal Indian child welfare act of 1978 or the placement preferences
of the appropriate Indian tribes.
7.
The name, address, marital status and date of birth of the birth parents,
if known.
B.
The person who files the motion shall serve notice of the hearing and
a copy of the motion on all parties as prescribed in rule 5(c) of the
Arizona rules of civil procedure, including any person who has filed a
petition to adopt or who has physical custody pursuant to a court order
in a foster-adoptive placement. In addition to the requirements of rule
5(c) of the Arizona rules of civil procedure, the notice shall be sent
by registered mail, return receipt
requested, to any parent, Indian custodian and tribe of an Indian child
as defined by the federal Indian child welfare act of 1978 (25 United
States Code § 1903).
C.
The person who files the motion shall provide a copy of the notice of
hearing to the following persons if the person has not been served pursuant
to subsection B of this section:
1.
The child's current physical custodian.
2.
Any foster parent with whom the child has resided within six months before
the date of the hearing.
3.
The prospective guardian if the guardian is not the current physical custodian.
4.
Any other person the court orders to be provided notice.
D.
In a proceeding for permanent guardianship, on the request of a parent,
the court shall appoint counsel for any parent found to be indigent if
the parent is not already represented by counsel. The court may also appoint
one for the child if a guardian ad litem has not already been appointed.
E.
Before a final hearing, the division, the agency or a person designated
as an officer of the court shall conduct an investigation addressing the
factors set forth in § 8-871, whether the prospective permanent guardian
or guardians are fit and proper persons to become permanent guardians
and whether the best interests of the child would be served by granting
the permanent guardianship. The findings of this investigation shall be
set forth in a written report provided to the court and all parties before
the hearing. The court may require additional investigation if it finds
that the welfare of the child will be served or if additional information
is necessary to make an appropriate decision regarding the permanent guardianship.
The court may charge
a reasonable fee for this investigation pursuant to § 8-133, if performed
by an officer of the court.
F.
The person who files the motion has the burden of proof by clear and convincing
evidence. In any proceeding involving a child who is subject to the federal
Indian child welfare act of 1978, the person who files the motion has
the burden of proof by beyond a reasonable doubt.
G.
A court order vesting permanent guardianship with an individual divests
the birth or adoptive parent of legal custody of or guardianship for the
child but does not terminate the parent's rights. A court order for permanent
guardianship does not affect the child's inheritance rights from and through
the child's birth or adoptive parents.
H.
On finding that grounds exist for a permanent guardianship, the court
may incorporate into the final order provisions for visitation with the
natural parents, siblings or other relatives of the child if this order
would be in the child's
best interests and any other provision that is necessary to rehabilitate
the child or to provide for the child's continuing safety and well-being.
The court may order a parent to contribute to the support of the child
to the extent it finds the parent is able.
I.
On the entry of the order establishing a permanent guardianship, the dependency
action shall be dismissed. If the child was in the legal custody of the
division during the dependency, the court may order the division to conduct
the investigation and prepare the report for the first report and review
hearing. The court shall retain jurisdiction to enforce its final order
of permanent guardianship. The court shall cause a report and review to
be held within one year following the entry of the final order and may
set such other and further proceedings as may be in the best interests
of the child. Before a report and review hearing, the court may cause
an investigation to be conducted of the facts and circumstances surrounding
the welfare and best interests of the child and a written report to be
filed with the court. The court may charge a reasonable fee for this investigation
pursuant to § 8-133, if performed by an officer of the court.
J.
The division or agency shall not be responsible for the requirements pursuant
to subsections E, H and I of this section for a motion concerning a child
not in the care, custody and control of the division or agency.
CREDIT(S)
Added as § 8-525.01
by Laws 1994, Ch. 335, § 3. Amended by Laws 1997, Ch. 169, §
2. Renumbered as § 8-872 and amended by Laws 1999, Ch. 81, §§
4, 21; Laws 2000, Ch. 369, § 16.
APPLICABILITY
<This
section, as amended by Laws 1999, Ch. 81, § 21, applies to actions
to establish a permanent guardianship filed on or after August 6, 1999.>
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