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A.R.S. § 8-872
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Arizona Revised Statutes Annotated Currentness
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:
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.
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:
(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.
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:
2. Any foster parent with whom the
child has resided within six months before the date of the hearing.
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.
K. The court shall provide the guardian with written notice of the sibling
information exchange program established pursuant to § 8-543.
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; Laws
2007, Ch. 72, § 6, eff. Jan. 1,
2008.
Laws 1999, Ch. 81, § 23, provides:
"Section
8-872, Arizona Revised Statutes, as amended by this act, applies to
actions to establish a permanent guardianship filed on or after the
effective date of this act.
Section 8-525.01, Arizona Revised Statutes, as in effect before the
effective date of this act, applies to actions to establish permanent
guardianship filed before the effective date of this act."
Laws 2007, Ch. 72, § 7, provides:
"Sec. 7. Effective date
"This act is effective from and after December 31, 2007."
A. R. S. § 8-872, AZ ST § 8-872
the
Forty-Ninth Legislature
(2010).
.