A.R.S. § 8-509 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 509
8-509 Licensing of foster homes; fingerprint waiver; restricted license; renewal of license; provisional license; exemption from licensure; immunization requirements; administration of medication; policies and procedures; definition
Status: in_force

8-509. Licensing of foster homes; fingerprint waiver; restricted license; renewal of license; provisional license; exemption from licensure; immunization requirements; administration of medication; policies and procedures; definition

A. The department shall license and certify foster homes. Licenses are valid for a period of two years.

B. The department shall not issue a license without satisfactory proof that the foster parent or parents have completed six actual hours of approved initial foster parent training as set forth in section 8-503 and that each foster parent and each other adult member of the household has a valid fingerprint clearance card issued pursuant to section 41-1758.07. The foster parent and each other adult member of the household must certify on forms that are provided by the department and that are notarized whether the foster parent or other adult member of the household is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

C. A kinship foster care parent shall apply for a fingerprint clearance card pursuant to section 41-1758.07. In its discretion and for good cause, the department may waive the requirement for a kinship foster care parent to obtain a fingerprint clearance card. In evaluating whether good cause exists, the department shall apply the criteria prescribed in section 41-1758.07, subsections B and C. If the department waives the requirement, the department shall issue to the kinship foster care parent a restricted license that applies only to the children placed with the kinship foster care parent for kinship foster care.

D. The department shall not renew a license without satisfactory proof that the foster parent or parents have completed twelve actual hours of approved ongoing foster parent training during the two-year period of licensure as set forth in section 8-503.

E. If the department determines that completing the training required in subsections B and D of this section would be a hardship to the foster parent or parents, the department may issue a provisional license for a period not to exceed six months. A provisional license may not be renewed.

F. Child welfare agencies that submit foster homes for licensing shall conduct an investigation of the foster home pursuant to licensing rules of the department. The department shall conduct investigations of all other foster homes. If the foster home meets all requirements set by the department, the agency shall submit an application stating the foster home's qualifications to the department. The agency may also recommend the types of licensing and certification to be granted to the foster home.

G. The department shall accept an adoptive home certification study as a licensing home study if the study has been updated within the past three months to include the information necessary to determine whether the home meets foster care licensing standards.

H. This section does not apply if the child is placed in a home by a means other than by court order and if the home does not receive compensation from this state or any political subdivision of this state.

I. The department may not prohibit a person operating a licensed foster home from applying for or receiving compensation as a foster home parent due to employment with this state.

J. The department shall not require a foster parent to immunize the foster parent's natural or adoptive children as a condition of foster home licensure.

K. A licensee may modify the renewal date of a license issued pursuant to this section by submitting an application for modification of renewal date with the department on a form prescribed by the department.  The licensee must specify the new month of renewal on the application.  The modified renewal date must be before, but not more than six months earlier than, the existing renewal date.

L. The foster care review board shall review the cases of children placed by the department in foster homes licensed pursuant to this section as required by section 8-515.03.

M. If a group foster home is licensed pursuant to this section and will be administering medication to a foster child who will be placed in the group foster home, the group foster home shall develop policies and procedures that identify how the group foster home will manage administering medication to a foster child. The policies and procedures shall include all of the following:

1. How the group foster home will provide a foster child with qualified health care on a twenty-four hours a day, seven days a week schedule.

2. The group foster home's process for administering medication to a foster child.

3. The qualifications of staff members of the group foster home who will be administering medication to a foster child.

4. The qualifications of staff members of the group foster home who will be supervising a foster child's self-administration of medication.

5. The supervision, process and documentation of a foster child's self-administration of medication.

6. The documentation process for the administration of medication, medication errors and drug reactions.

7. The documentation and process of notification to a foster child's health care provider of a medication administration error or drug reaction.

8. The procedures for contacting law enforcement, a health care provider or a medical professional when a foster child's refusal to take medication prescribed to the foster child endangers the foster child's or another's health and safety and the procedures for documenting the foster child's refusal to take medication prescribed to the foster child.

N. The department may require a group foster home to employ additional staff when a medically complex child is placed in the care of the group foster home.  The department may require a group foster home to modify the group foster home's policies and procedures required by subsection M of this section to accommodate the needs of a medically complex child.

O. For the purposes of this section, "medically complex child" means a child who the department has determined has or is at risk for a chronic physical or developmental condition and who requires health-related services beyond the health-related services that are required by a child in general.
A.R.S. § 8-1152 — Arizona Code / Title 8 / Chapter 13 / Article 1 / Section 1152
8-1152 Definitions
Status: in_force

8-1152. Definitions

(Caution:  1998 Prop. 105 applies)

In this chapter, unless the context otherwise requires:

1. "Board" means the Arizona early childhood development and health board established by this chapter.

2. "Early childhood development and health programs" means programs and services provided to children prior to kindergarten and their families for the purpose of assisting child development by providing education and other support, including parent and family support programs, child care, preschool, health screenings and access to preventive health services.
A.R.S. § 8-142 — Arizona Code / Title 8 / Chapter 1 / Article 2 / Section 142
8-142 Adoption subsidy program; funding; claims; limitation
Status: in_force

8-142. Adoption subsidy program; funding; claims; limitation

A. The department shall establish and administer an ongoing program of subsidized adoption. Adoption subsidies shall be provided from monies appropriated to the department or made available to it from other sources.

B. The department shall not pay claims for a special services subsidy that are submitted more than nine months after the date of the service for which payment is claimed except as authorized by rules of the department.

C. The department shall not consider an applicant for a state adoption subsidy until the applicant has applied for all existing federal eligibility categories under the title IV-E program.

D. The total amount that may be expended in any fiscal year by the department for the adoption subsidy program shall not exceed the amount appropriated in the general appropriations act for the program and any monies granted by the federal government, together with additional amounts appropriated for the program by any special legislative appropriation. Transfers of monies between and among classes and programs shall continue to be permitted in accordance with the provisions of section 35-173.
A.R.S. § 8-121 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 121
8-121 Confidentiality of information; exceptions
Status: in_force

8-121. Confidentiality of information; exceptions

A. It is unlawful, except for purposes for which files and records or social records or parts thereof or information therefrom have been released pursuant to subsection C of this section or section 8-120, 8-129, 8-134 or 36-340, or except for purposes allowed by order of the court, for any person to disclose, receive or make use of, or authorize, knowingly allow, participate in or acquiesce in the use of, any information involved in any proceeding under this article directly or indirectly derived from the files, records, reports or other papers compiled pursuant to this article, or acquired in the course of the performance of official duties until one hundred years after the date of the order issued pursuant to section 8-116.  After one hundred years has elapsed from the date of the order issued pursuant to section 8-116 the court shall transfer all files, records, reports and other documents in possession of the court relating to the adoption to the Arizona state library, archives and public records.  The items transferred pursuant to this subsection shall be available for public inspection during business hours and may be made available in an alternative format.

B.  This section does not prohibit persons employed by the court, the division or an agency from conducting the investigations or performing other duties pursuant to this article within the normal course of their employment.

C. This section does not prohibit persons employed by the court, the division, an attorney participating or assisting in a direct placement adoption pursuant to section 8-130 or an agency from providing partial or complete identifying information between a birth parent and adoptive parent when the parties mutually agree to share specific identifying information and make a written request to the court, the division or the agency.

D. A person may petition the court to obtain information relating to an adoption in the possession of the court, the division or any agency or attorney involved in the adoption. Nonidentifying information may be released by the court pursuant to section 8-129. The court shall not release identifying information unless the person requesting the information has established a compelling need for disclosure of the information or consent has been obtained pursuant to subsection E of this section or from the birth parent pursuant to section 8-106. If a compelling need for disclosure of information is established, the court may decide what information, if any, should be disclosed and to whom and under what conditions disclosure may be made.

E. An adoptee who is eighteen years of age or older or a birth parent may file at any time with the court and the agency, division or attorney who participated in the adoption a notarized statement granting consent, withholding consent or withdrawing a consent previously given for the release of confidential information. If an adoptee who is eighteen years of age or older and the birth mother or birth father have filed a notarized statement granting consent to the release of confidential information, the court may disclose information, except identifying information relating to a birth parent who did not grant written consent, to the adoptee or birth parent.

F. This section does not prohibit a person from notifying a birth parent of the death of a child that the birth parent has placed for adoption.
A.R.S. § 8-208 — Arizona Code / Title 8 / Chapter 2 / Article 1 / Section 208
8-208 Juvenile court records; public inspection; exceptions
Status: in_force

8-208. Juvenile court records; public inspection; exceptions

A. The following records relating to a juvenile who is referred to juvenile court are open to public inspection:

1. Referrals involving delinquent acts, after the referrals have been made to the juvenile court or the county attorney has diverted the matter according to section 8-321.

2. Arrest records, after the juvenile is an accused as defined by section 13-501.

3. Delinquency hearings.

4. Disposition hearings.

5. A summary of delinquency, disposition and transfer hearings.

6. Revocation of probation hearings.

7. Appellate review.

8. Diversion proceedings involving delinquent acts.

B. On the request of an adult probation officer or state or local prosecutor, the juvenile court shall release to an adult probation department or prosecutor all information in its possession concerning a person who is charged with a criminal offense.

C. The juvenile court shall release all information in its possession concerning a person who is arrested for a criminal offense to superior court programs or departments, other court divisions or judges or as authorized by the superior court for the purpose of assisting in the determination of release from custody, bond and pretrial supervision.

D. On request by the appropriate jail authorities for the purpose of determining classification, treatment and security, the juvenile court shall release all information in its possession concerning persons who are under eighteen years of age, who have been transferred from juvenile court for criminal prosecution and who are being held in a county jail pending trial.

E. The court shall edit the records to protect the identity of the victim or the immediate family of the victim if the victim has died as a result of the alleged offense.

F. Except as otherwise provided by law, the records of an adoption, severance or dependency proceeding shall not be open to public inspection.

G. The court may order that the records be kept confidential and withheld from public inspection if the court determines that the subject matter of any record involves a clear public interest in confidentiality.

H. The disclosure of educational records received pursuant to section 15-141 shall comply with the family educational and privacy rights act of 1974 (20 United States Code section 1232g).
A.R.S. § 8-349 — Arizona Code / Title 8 / Chapter 3 / Article 3 / Section 349
8-349 Destruction of juvenile records; electronic research records; definition
Status: in_force

8-349. Destruction of juvenile records; electronic research records; definition

A. A person who is at least eighteen years of age and who has been adjudicated delinquent or incorrigible may apply for destruction of the person's juvenile court and department of juvenile corrections records if the records involve an adjudication for an offense other than an offense listed in section 13-501, subsection A or B or title 28, chapter 4.

B. The person shall attest to all of the following in the application:

1. The person is at least eighteen years of age.

2. The person has not been convicted of a felony offense or adjudicated delinquent for an offense that would be an offense listed in section 13-501, subsection A or B or title 28, chapter 4.

3. A criminal charge is not pending.

4. The person has completed all of the terms and conditions of court-ordered probation or been discharged from the department of juvenile corrections pursuant to section 41-2820 on successful completion of the individual treatment plan.

5. All restitution is paid in full.

6. The person is not under the jurisdiction of the juvenile court or the department of juvenile corrections.

7. The person is not currently required to register pursuant to section 13-3821.

8. The person has either paid all fines in full or has requested the court to modify the outstanding fines pursuant to subsection K of this section.

C. The juvenile court may order the destruction of records under subsection A of this section if the court finds all of the following:

1. The person is at least eighteen years of age.

2. The person has not been convicted of a felony offense.

3. A criminal charge is not pending.

4. The person was not adjudicated for an offense listed in section 13-501, subsection A or B or title 28, chapter 4.

5. The person successfully completed the terms and conditions of probation or was discharged from the department of juvenile corrections pursuant to section 41-2820 on successful completion of the individual treatment plan.

6. All restitution is paid in full.

7. All fines are either paid in full or have been modified pursuant to subsection K of this section.

8. The person is not under the jurisdiction of the juvenile court or the department of juvenile corrections.

9. The person is not currently required to register pursuant to section 13-3821.

D. A person who is not eligible to have the person's records destroyed pursuant to subsection A of this section may apply to have the person's juvenile court and department of juvenile corrections records destroyed pursuant to subsection E of this section. The person shall attest to all of the following in an application:

1. The person is at least twenty-five years of age.

2. The person has not been convicted of a felony offense.

3. A criminal charge is not pending.

4. All restitution is paid in full.

5. The person has either paid all fines in full or has requested the court to modify the outstanding fines pursuant to subsection K of this section.

6. The person is not currently required to register pursuant to section 13-3821.

E. The juvenile court may order the destruction of records if the court finds that all of the following apply to a person who files an application pursuant to subsection D of this section:

1. The person is at least twenty-five years of age.

2. The person has not been convicted of a felony offense.

3. A criminal charge is not pending.

4. All restitution is paid in full.

5. All fines are either paid in full or have been modified pursuant to subsection K of this section.

6. The person is not currently required to register pursuant to section 13-3821.

7. The destruction of the records would further the rehabilitative process of the applicant.

F. The juvenile court and the department of juvenile corrections may store any records for research purposes.

G. At the juvenile's disposition hearing, the court shall inform the juvenile, in writing, of the right to the destruction of the juvenile's court and department of juvenile corrections records.

H. The clerk of the court may not charge a filing fee for the application to destroy juvenile records.

I. The clerk of the court shall transmit a copy of an application submitted pursuant to this section to the county attorney in the county in which the referral was made.

J. The county attorney may file an objection to an application that is submitted pursuant to this section for the destruction of records.

K. On a showing of good cause, the court may modify any fine imposed by the court except for victim restitution.

L. The juvenile court may not consider outstanding fees, assessments and surcharges when determining whether to destroy the juvenile's court and department of juvenile corrections records.

M. The juvenile court, the clerk of the superior court and the juvenile probation department, either on order of the juvenile court after the person files an application with the court or on notification by the probation department, shall destroy the records that concern a referral or citation that did not result in an adjudication. Records that are eligible for destruction pursuant to this subsection shall be destroyed within ninety days after the person who was the subject of the referral or citation reaches eighteen years of age or when destruction is ordered by the court. The probation department shall send a copy of the notice to the department of public safety central state repository.

N. Within six months after receiving a notification from the superior court that a person's juvenile delinquency or incorrigibility records were destroyed, the department of child safety shall destroy all court, juvenile probation and department of juvenile corrections records that are in the department of child safety's possession and that were produced in the delinquency or incorrigibility matter.

O. The clerk of the court shall notify the department of public safety if a person's record is destroyed pursuant to this section.

P. For the purposes of this section, "successfully" means, in the discretion of the court, the person satisfied the conditions of probation.
A.R.S. § 8-873.01 — Arizona Code / Title 8 / Chapter 4 / Article 12 / Section 873.01
8-873.01 Permanent guardianship dependency proceedings; reunification services
Status: in_force

8-873.01. Permanent guardianship dependency proceedings; reunification services

A. If a dependency petition is filed on a permanent guardian, the court shall order reunification services in the pending dependency proceeding for the parent whose child was previously adjudicated dependent resulting in the appointment of the permanent guardian if, after receiving notice, the parent meets all of the following:

1. Is willing to care for the child.

2. Makes a written or oral request to the court to participate in reunification services at the parent's initial appearance.

3. Proves by clear and convincing evidence that there has been a significant change of circumstances that indicates that the parent may be able to care for the child and that reunification services are in the child's best interests.

B. If the parent is willing to care for the child and requests to participate in reunification services, the court shall set a hearing to determine if there has been a significant change of circumstances that indicates that the parent may be able to care for the child and if reunification services are in the child's best interests.

C. If the court finds by clear and convincing evidence that there has been a significant change of circumstances that indicates that the parent may be able to care for the child and that reunification services are in the child's best interests, the court shall order the department to provide reunification services to the parent.
A.R.S. § 8-550.01 — Arizona Code / Title 8 / Chapter 4 / Article 7 / Section 550.01
8-550.01 Child abuse prevention fund; purpose; definition
Status: in_force

8-550.01. Child abuse prevention fund; purpose; definition

A. Beginning on January 1, 1998, the child abuse prevention fund is established consisting of monies received pursuant to section 12-284.03, subsection A, paragraph 3, section 36-3504, subsection C, sections 41-178 and 43-613. The director shall administer the fund for the purposes prescribed in this article.

B. Subject to legislative appropriation, the director shall expend monies in the fund to provide financial assistance to community child abuse and neglect prevention programs and family resource programs that, in the judgment of the director, offer prevention services and family resource programs to children and their parents or guardians and that comply with departmental accounting and auditing rules for the receipt of public monies.

C. Subject to legislative appropriation, the director may expend not more than five per cent of the monies in the fund for administrative expenses related to the fund.

D. The appropriated funds shall only be used for the designated purposes specified in statute.

E. Monies in the fund do not revert to the state general fund.

F. For the purposes of this section, "family resource program" means a program that offers community-based services that provide sustained assistance and support to a family at various stages in its development and that promotes parental competence and behavior that will lead to the healthy and positive personal development of parents and children through:

1. Assistance to build family skills and assist parents in improving their capacity to be supportive and nurturing.

2. Assistance to enable a family to use other formal and informal resources and opportunities for assistance that are available within the family's community.

3. Supportive networks to enhance the child rearing capacity of parents and to assist in compensating for the increased social isolation and vulnerability of a family.
A.R.S. § 8-261 — Arizona Code / Title 8 / Chapter 2 / Article 5 / Section 261
8-261 Definitions
Status: in_force

8-261. Definitions

In this article, unless the context otherwise requires:

1. "Court" means the juvenile division of the superior court.

2. "Family counseling programs" means those public and private programs established pursuant to rules and guidelines promulgated and administered by the presiding judge of the juvenile division of the superior court in each participating county and approved by the supreme court for the purpose of strengthening family relationships and prevention of juvenile delinquency.

3. "Juvenile population" means the number of persons under the age of eighteen years in each county, as determined at least annually by the department of economic security.

4. "Matching funds" means state monies distributed by the supreme court to a participating county on a four-to-one ratio provided by the state and participating county respectively.
A.R.S. § 8-291.11 — Arizona Code / Title 8 / Chapter 2 / Article 8 / Section 291.11
8-291.11 Records
Status: in_force

8-291.11. Records

The court and the department of health services shall keep records of the offenses for which a juvenile was charged, any court ordered examination and treatment outcomes.
A.R.S. § 8-461 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 461
8-461 Child safety collections; fund; definition
Status: in_force

8-461. Child safety collections; fund; definition

A. If a recipient of public assistance has a person who is legally responsible for that person's support and who is presently able to reimburse the department for public assistance provided, the department, through the attorney general or county attorney, shall proceed in the following order against:

1. The spouse of a recipient.

2. The former spouse of a recipient.

3. A father or mother not presently receiving public assistance.

4. Any other legally responsible person.

B. If a recipient of public assistance receives an overpayment of support or is determined ineligible, the department may recover the support incorrectly paid during that time period. The department shall deposit monies recovered in the child safety collections fund established pursuant to this section.

C. On request of the department, the attorney general or county attorney shall commence an action in the superior court in the county where the recipient of public assistance resides or in the superior court in Maricopa county, against the persons in the order specified in subsection A of this section, to recover the assistance granted and to secure an order requiring payment of amounts that become due in the future for which the person is liable.

D. The child safety collections fund is established consisting of monies received pursuant to this section and section 41-2752.  The department shall administer the fund.  Subject to legislative appropriation, the department shall use fund monies to improve public assistance collection activities. The department shall deposit, pursuant to sections 35-146 and 35-147, twenty-five per cent of the monies collected pursuant to this section in the child safety collections fund and seventy-five per cent of the monies collected pursuant to this section in the state general fund.  Notwithstanding this subsection, the department shall deposit, pursuant to sections 35-146 and 35-147, fifty per cent of the monies collected pursuant to section 41-2752 in the child safety collections fund and the remaining fifty per cent of the monies collected pursuant to section 41-2752 shall be deposited in the state general fund.

E. For the purposes of this section, "public assistance" means monies paid by the department to or for the benefit of a dependent child and foster care maintenance paid pursuant to 42 United States Code sections 670 through 676.
A.R.S. § 8-873 — Arizona Code / Title 8 / Chapter 4 / Article 12 / Section 873
8-873 Revocation of permanent guardianship
Status: in_force

8-873. Revocation of permanent guardianship

A. The child, a parent of the child, the guardian of the child or any party to the dependency proceeding may file a petition for the revocation of an order granting permanent guardianship if there is a significant change of circumstances, including:

1. The child's parent is able and willing to properly care for the child.

2. The child's permanent guardian is unable to properly care for the child.

B. The court shall appoint a guardian ad litem for the child in any proceeding for the revocation of permanent guardianship.

C. The court may revoke the order granting permanent guardianship of a child who previously has been adjudicated a dependent child if the party petitioning for revocation proves a change of circumstances by clear and convincing evidence and the revocation is in the child's best interest.  When making this determination, the court shall consider all of the following:

1. The child's position on the revocation of the guardianship if the child is at least twelve years of age.

2. The duration of the guardianship and the level of contact between the parent and the child during the guardianship.

3. Any other relevant factor.

D. The court may revoke the order granting permanent guardianship of a child who has been the subject of a dependency petition but who has not been adjudicated a dependent child and order that the child be returned to the child's parent if all of the following are true:

1. The child, parent of the child, party to the dependency petition or guardian petitions the court for revocation.

2. The court finds by clear and convincing evidence that the parent has remedied the grounds alleged in the guardianship motion.

3. The court finds by clear and convincing evidence that the return of the child would not create a substantial risk of harm to the child's physical, mental or emotional health or safety. When making this determination, the court shall consider all of the following:

(a) The child's position on the revocation of the guardianship if the child is at least twelve years of age.

(b) The duration of the guardianship and the level of contact between the parent and the child during the guardianship.

(c) Any other relevant factor.

E. The court may set a case plan of guardianship after revocation of a permanent guardianship even though no successor guardian has been identified if the court has ordered that no reunification services be provided to the child's parent.
A.R.S. § 8-102.01 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 102.01
8-102.01 Jurisdiction
Status: in_force

8-102.01. Jurisdiction

If a petition for adoption is filed prior to a child's eighteenth birthday jurisdiction of the superior court continues for purposes of entering an order of adoption of such child even if the child becomes eighteen years of age prior to the final adoption hearing.
A.R.S. § 8-548.04 — Arizona Code / Title 8 / Chapter 4 / Article 6 / Section 548.04
8-548.04 Financial arrangements
Status: in_force

8-548.04. Financial arrangements

The compact administrator, subject to the approval of the director of the department of administration, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
A.R.S. § 8-302 — Arizona Code / Title 8 / Chapter 3 / Article 1 / Section 302
8-302 Transfer between juvenile and criminal courts
Status: in_force

8-302. Transfer between juvenile and criminal courts

A. If during the pendency of a criminal charge in any court of this state the court determines that the defendant is a juvenile who is not subject to prosecution as an adult pursuant to section 13-501, the court shall transfer the case to the juvenile court, together with all of the original accusatory pleadings and other papers, documents and transcripts of any testimony relating to the case. On transfer, the court shall order that the defendant be taken to a place of detention designated by the juvenile court or to that court itself or shall release the juvenile to the custody of the juvenile's parent or guardian or any other person legally responsible for the juvenile. If the juvenile is released to the juvenile's parent or guardian or any other person legally responsible for the juvenile, the court shall require that the parent, guardian or other person bring the juvenile to appear before the juvenile court at a designated time. The juvenile court shall then proceed with all further proceedings as if a petition alleging delinquency had been filed with the juvenile court under section 8-301 on the effective date of the transfer. This subsection does not apply to a juvenile who is subject to prosecution pursuant to section 13-501 but who is convicted of an offense not listed in section 13-501.

B. If during the pendency of a criminal charge in any court of this state the court determines that the defendant is a juvenile who is subject to prosecution as an adult pursuant to section 13-501, subsection B, on motion of the prosecutor the court shall transfer the case to the juvenile court, together with all of the original accusatory pleadings and other papers, documents and transcripts of any testimony relating to the case. On transfer, the court shall order that the juvenile be taken to a place of detention designated by the juvenile court or to that court itself or shall release the juvenile to the custody of the juvenile's parent or guardian or any other person legally responsible for the juvenile. If the juvenile is released to the juvenile's parent or guardian or any other person legally responsible for the juvenile, the court shall require that the parent, guardian or other person bring the juvenile to appear before the juvenile court at a designated time. The juvenile court shall then proceed with all further proceedings as if a petition alleging delinquency had been filed with the juvenile court under section 8-301 on the effective date of the transfer.

C. During the pendency of a delinquency action in any court of this state, on the motion of the prosecution and before the adjudication hearing, the court shall dismiss without prejudice any count in the petition charging an offense for which the juvenile is subject to prosecution as an adult pursuant to section 13-501 to allow criminal charges to be filed.

D. If a juvenile reaches eighteen years of age during the pendency of a delinquency action or before completion of the sentence in any court in this state for an act that if committed by an adult would be a misdemeanor or petty offense or a civil traffic violation, the court shall transfer the case to the appropriate criminal court, together with all of the original accusatory pleadings and other papers, documents and transcripts of any testimony relating to the case and any sentencing order. The appropriate criminal court shall then proceed with all further proceedings as if a uniform Arizona traffic ticket and complaint form or a complaint alleging a misdemeanor or petty offense or a civil traffic violation had been filed with the appropriate criminal court pursuant to section 13-3903 or the Arizona rules of criminal procedure, the rules of procedure in traffic cases or the rules of procedure in civil traffic violation cases.
A.R.S. § 8-535 — Arizona Code / Title 8 / Chapter 4 / Article 5 / Section 535
8-535 Notice of initial hearing; waiver; guardian ad litem
Status: in_force

8-535. Notice of initial hearing; waiver; guardian ad litem

A. After the petition has been filed, the clerk of the superior court shall set a time and place for the initial hearing. Notice of the initial hearing and a copy of the petition shall be given to the parents of the child, the guardian of the person of the child, the person having legal custody of the child, any individual standing in loco parentis to the child, the tribe of any Indian child as defined by the federal Indian child welfare act of 1978 (25 United States Code section 1903) and the guardian ad litem of any party as provided for service of process in civil actions. In addition to the service of process requirements in civil actions, any parent, any Indian custodian and the tribe of an Indian child shall be notified of the initial hearing by certified or registered mail, return receipt requested, as required by the federal Indian child welfare act of 1978 (25 United States Code section 1912). The notice required by this subsection shall include the following statement:

You have a right to appear as a party in this proceeding. The failure of a parent to appear at the initial hearing, the pretrial conference, the status conference or the termination adjudication hearing may result in an adjudication terminating the parent-child relationship of that parent.

B. The initial hearing shall take place not sooner than ten days after the completion of service of notice.

C. Notice and appearance may be waived by a parent before the court or in writing and attested to by two or more credible witnesses who are eighteen or more years of age subscribing their names thereto in the presence of the person executing the waiver or shall be duly acknowledged before an officer authorized to take acknowledgements by the person signing the waiver of notice and appearance. The face of the waiver shall contain language explaining the meaning and consequences of the waiver and the termination of parental rights. The parent who has executed such a waiver shall not be required to appear.

D. If a parent does not appear at the initial hearing, the court, after determining that the parent has been served with proper legal notice, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may terminate the parent-child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court.

E. At the initial hearing, the court shall:

1. Schedule a pretrial conference or status conference.

2. Schedule the termination adjudication hearing.

3. Instruct the parent that the failure to appear at the pretrial conference, status conference or termination adjudication hearing may result in an adjudication terminating the parent-child relationship as to a parent who does not appear.

F. On the motion of any party or on its own motion, the court shall appoint a guardian ad litem if it determines that there are reasonable grounds to believe that a party to the proceeding is mentally incompetent or is otherwise in need of a guardian ad litem.

G. The county attorney, on the request of the court or a governmental agency or on the county attorney's own motion, may intervene in any proceedings under this article to represent the interest of the child.

H. A potential father who fails to file a paternity action within thirty days after completion of service of the notice prescribed in section 8-106, subsection G waives his right to be notified regarding the termination of parental rights and his consent to the termination of parental rights is not required.
A.R.S. § 8-871 — Arizona Code / Title 8 / Chapter 4 / Article 12 / Section 871
8-871 Permanent guardianship of a child
Status: in_force

8-871. Permanent guardianship of a child

A. The court may establish a permanent guardianship between a child and the guardian if the prospective guardianship is in the child's best interests and all of the following apply:

1. The child has been adjudicated a dependent child or is the subject of a pending dependency petition. If the child has not been adjudicated dependent, all parties have been served pursuant to section 8-872, subsection B and no party objects, the court may grant a permanent guardianship. If the child has not been adjudicated dependent and any party objects to a motion for permanent guardianship, the court may schedule a settlement conference or mediation or may strike the motion and proceed with the dependency petition.

2. The child has been in the custody of the prospective permanent guardian for at least nine months. The court may waive this requirement for good cause.

3. If the child is in the custody of the department or agency, the department or agency has made reasonable efforts to reunite the parent and child and further efforts would be unproductive.  The court may waive this requirement if it finds one or more of the following:

(a) Reunification efforts are not required by law.

(b) Reunification of the parent and child is not in the child's best interests because the parent is unwilling or unable to properly care for the child.

(c) The child is the subject of a pending dependency petition and there has been no adjudication of dependency.

4. The likelihood that the child would be adopted is remote or termination of parental rights would not be in the child's best interests.

B. If the child is the subject of a pending dependency petition not filed by the department, the court shall notify the department of the motion for permanent guardianship not later than fourteen court days after the motion is filed, and the department may conduct an investigation into the allegations contained in the dependency petition. The department shall have ten court days from the court's notification to inform the court and parties of its position on the guardianship. If the department objects to the motion, the department may take action necessary to protect the health and safety of the child who is the subject of the guardianship motion, including moving to intervene in the dependency action or filing a separate dependency petition. The department, the agency or a person designated as an officer of the court shall provide a guardianship report pursuant to section 8-872, subsection E to the court not later than ten days following the court's order to provide the report.

C. The court may consider any adult, including a relative or foster parent, as a permanent guardian. An agency or institution may not be a permanent guardian. The court may appoint a person nominated by the child if the child is at least twelve years of age, unless the court finds that the appointment would not be in the child's best interests. The court shall consider the child's objection to the appointment of the person nominated as permanent guardian.

D. In proceedings for permanent guardianship, the court shall give primary consideration to the physical, mental and emotional needs and safety of the child.

E. Unless otherwise set forth in the final order of permanent guardianship, a permanent guardian is vested with all of the rights and responsibilities set forth in section 14-5209 relating to the powers and duties of a guardian of a minor, other than those rights and responsibilities of the birth or adoptive parent, if any, that are set forth in the decree of permanent guardianship.

F. At the guardianship hearing, or by notice filed after the appointment of a permanent guardian or a successor permanent guardian pursuant to section 8-874, the guardian may advise the court as to the identity and contact information of potential successor permanent guardians.

G. The department or agency shall not be responsible for the requirements pursuant to subsection A, paragraph 3 of this section for a petition concerning a child who is not in the care, custody and control of the department or agency.
A.R.S. § 8-304 — Arizona Code / Title 8 / Chapter 3 / Article 1 / Section 304
8-304 Investigation of alleged acts of delinquency, dependency and incorrigibility
Status: in_force

8-304. Investigation of alleged acts of delinquency, dependency and incorrigibility

A. The law enforcement officer having jurisdiction in the place in which an act of delinquency or incorrigibility is alleged to have occurred is responsible for the complete investigation surrounding the alleged commission of the act.

B. A department investigator is responsible for the complete investigation of all complaints of alleged dependency, and a criminal conduct allegation shall be investigated in cooperation with the appropriate law enforcement agencies and according to the protocols established pursuant to section 8-817.  The department shall be responsible for the disposition of such child unless the matter requires the intervention of the court.
A.R.S. § 8-804.02 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 804.02
8-804.02 Tiered system for placement on central registry; rules
Status: in_force

8-804.02. Tiered system for placement on central registry; rules

A. The department shall adopt rules by September 15, 2025 to establish a tiered system for the placement and maintenance of persons found to have committed an act of child abuse or neglect on the central registry of child abuse and neglect. In adopting rules, the department shall:

1. Consider the nexus between the act of abuse or neglect and the potential risk a person found to have committed an act of abuse or neglect may pose if the person were in a position or setting outside of the person's home that involves the care of or substantial contact with children.

2. Determine which acts of abuse or neglect require the placement of a person on the central registry.

3. Designate tiers based on the type of abuse or neglect and the nexus of that abuse or neglect to potential risk and specify the length of time that entries in each tier must be maintained. The length of time for each tier may not exceed twenty-five years.

4. Include standards and procedures for a person who is listed on the central registry to request early removal from the central registry.

B. On or before May 15, 2026, the department shall conform all entries in the central registry, regardless of the date of entry, to the rules adopted pursuant to subsection A of this section.
A.R.S. § 8-514.05 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 514.05
8-514.05 Foster care provider and department access to child health information; consent to treatment
Status: in_force

8-514.05. Foster care provider and department access to child health information; consent to treatment

A. If a health plan, a health care provider licensed or certified pursuant to title 32 or title XIX of the social security act or a health care institution licensed pursuant to title 36, chapter 4 has provided or is providing services to a child placed in out-of-home placement and has custody or control of that child's medical or behavioral health records, the plan, provider or institution must provide the following to the child's foster parent, group home staff, foster home staff, relative or other person or agency in whose care the child is currently placed pursuant to this article or article 6 of this chapter:

1. Medical records.

2. Behavioral health records.

3. Information relating to the child's condition and treatment.

4. The child's prescription and nonprescription drugs, medications, durable medical equipment, devices and related information.

B. If a health plan, a health care provider licensed or certified pursuant to title 32 or title XIX of the social security act or a health care institution licensed pursuant to title 36, chapter 4 has provided or is providing services to a child for whom the department has legal custody or is providing foster care or substance abuse services and has custody or control of that child's medical or behavioral health records, the plan, provider or institution must provide the following to the department's employees who are involved in the child's case management:

1. Medical records.

2. Behavioral health records.

3. Information relating to the child's condition and treatment.

4. The child's prescription and nonprescription drugs, medications, durable medical equipment, devices and related information.

C. If the department has temporary custody of a child pursuant to this title or has legal custody pursuant to a court order, the department:

1. May consent to any of the following:

(a) Evaluation and treatment for emergency conditions that are not life threatening.

(b) Routine medical and dental treatment and procedures, including early periodic screening diagnosis and treatment services, and services by health care providers to relieve pain or treat symptoms of common childhood illnesses or conditions.

(c) Surgery.

(d) Blood transfusions.

(e) General anesthesia.

(f) Testing for the presence of the human immunodeficiency virus.

2. May not consent to abortions.

3. To the extent possible, shall consult with each biological parent of the child whose parental rights have not been terminated when making health care decisions for a child in the department's custody.

D. The foster parent, group home staff, foster home staff, relative or other person or agency in whose care the child is currently placed pursuant to this article or article 6 of this chapter:

1. May give consent for the following:

(a) Evaluation and treatment for emergency conditions that are not life threatening.

(b) Routine medical and dental treatment and procedures, including early periodic screening diagnosis and treatment services, and services by health care providers to relieve pain or treat symptoms of common childhood illnesses or conditions.

(c) Testing for the presence of the human immunodeficiency virus.

2. Shall not consent to:

(a) General anesthesia.

(b) Surgery.

(c) Blood transfusions.

(d) Abortions.
A.R.S. § 8-341.01 — Arizona Code / Title 8 / Chapter 3 / Article 3 / Section 341.01
8-341.01 Residential treatment services; definition
Status: in_force

8-341.01. Residential treatment services; definition

A. If at a disposition hearing or a subsequent hearing the court orders a delinquent juvenile or incorrigible child to receive residential treatment services, other than psychiatric acute care services as defined in section 8-271, the placement must be supported by a written psychological, psychiatric or medical evaluation recommending residential treatment services.  The court may waive the written evaluation for good cause shown.

B. If the court orders a child to receive residential treatment services, the court shall find by clear and convincing evidence that both:

1. The child requires residential treatment services to address the child's behavioral, psychological, social or mental health needs.

2. Available alternatives to residential treatment services were considered, but that residential treatment services are the least restrictive alternative.

C. The court shall review the child's continuing need for residential treatment services at least every sixty days after the date of the treatment order. The residential treatment facility shall submit a progress report to the court at least five days before the review and shall provide copies of its report to all parties, including the child's attorney and guardian ad litem. The progress report shall include the recommendations of the child's treatment facility and shall include at least the following:

1. The nature of the treatment provided, including any medications and the child's current diagnosis.

2. The child's need for continued residential treatment services, including the estimated length of the services.

3. A projected discharge date.

4. The level of care required by the child and the potential placement options that are available to the child on discharge.

5. A statement from the medical or clinical director of the residential treatment services facility or the director's designee as to whether residential treatment services are necessary to meet the child's needs and whether the facility that is providing the residential treatment services to the child is the least restrictive available alternative.

D. On its own motion or the motion of a party, the court may hold an expedited hearing to review the continued placement of the child in residential treatment.

E. If the child is also found to be dependent or is temporarily subject to court jurisdiction pending an adjudication of a dependency petition, the probation department shall notify the department of child safety that placement of the child for residential treatment services is being recommended. The department shall receive copies of any reports relating to the child's placement for residential treatment services. The department may attend and participate in all hearings and any other proceedings relating to the placement or continued placement for residential treatment services.

F. For the purposes of this section, "child" or "juvenile" includes a person who is under eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8-202, subsection H, under nineteen years of age.
A.R.S. § 8-825 — Arizona Code / Title 8 / Chapter 4 / Article 9 / Section 825
8-825 Court determinations in preliminary protective hearing
Status: in_force

8-825. Court determinations in preliminary protective hearing

A. The court's determination in the preliminary protective hearing may be based on evidence that is hearsay, in whole or in part, in the following forms:

1. The allegations of the petition.

2. An affidavit.

3. Sworn testimony.

4. The written reports of expert witnesses.

5. The department's written reports if the child safety worker is present and available for cross-examination.

6. Documentary evidence without foundation if there is a substantial basis for believing the foundation will be available at the dependency hearing and the document is otherwise admissible.

7. The testimony of a witness concerning the declarations of another person if the evidence is cumulative or there is a reasonable ground to believe that the other person will be personally available for trial.

B. Evidence considered by the court pursuant to subsection A of this section shall also include any available evidence of substantiated allegations of abuse or neglect committed in another jurisdiction.

C. The court shall determine whether temporary custody of the child is clearly necessary to prevent abuse or neglect pending the hearing on the dependency petition. The court:

1. On finding that the petitioner has not met the burden prescribed in section 8-824, subsection F, shall return the child to the child's parent, guardian or custodian pending the dependency hearing.

2. On finding that the petitioner has met the burden prescribed in section 8-824, subsection F, may declare the child a temporary ward of the court pending the dependency hearing.

D. 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.
A.R.S. § 8-520 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 520
8-520 Violations; classification
Status: in_force

8-520. Violations; classification

Any agency, society, association, institution or person, whether incorporated or unincorporated, and any individual acting for or in its name, which engages in caring for children or children and adults or of placing children for care pursuant to this article, without having first procured a license as a child welfare agency as provided in this article, or which knowingly fails or refuses to report as required by the provisions of this article, or which knowingly obstructs or hinders the division, the department of economic security or the agents of either agency in the inspection or investigation of the agency, societies, associations, institutions or persons under the respective agency's control or charge, or any person knowingly violating any of the other provisions of this article is guilty of a class 2 misdemeanor unless another classification is specifically prescribed in this article.
A.R.S. § 8-1194 — Arizona Code / Title 8 / Chapter 13 / Article 5 / Section 1194
8-1194 Meetings; travel expenses
Status: in_force

8-1194. Meetings; travel expenses

(Caution:  1998 Prop. 105 applies)

A. The board shall hold at least six regular meetings annually at times it directs.  Special meetings may be held on the call of the presiding officer.

B. Members of the board are not eligible to receive compensation but are eligible for travel expenses and reimbursement for subsistence pursuant to title 38, chapter 4, article 2.  Reimbursement shall be paid on claims approved by the executive director from the administrative costs account of the early childhood development and health fund established by section 8-1181.
A.R.S. § 8-883 — Arizona Code / Title 8 / Chapter 4 / Article 13 / Section 883
8-883 Requirements for contractors
Status: in_force

8-883. Requirements for contractors

In developing the requirements for contractors who provide prevention and treatment of substance abuse in communities, the department of child safety in partnership with the Arizona health care cost containment system as joint administrators of the program shall:

1. Prescribe that contractors develop and implement the program through collaboration with representatives of the community served so that services are provided in a comprehensive and integrated manner that is responsive to cultural, demographic and geographic diversity.

2. Require contractors to specify what outcomes they are addressing, consistent with the requirements prescribed in section 8-884, and how these outcomes will be achieved.

3. Require contractors to cooperate with the evaluation prescribed in section 8-884.

4. Prescribe any other requirements necessary to meet the outcome goals identified in section 8-884.
A.R.S. § 8-512 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 512
8-512 Comprehensive medical and dental care; guidelines
Status: in_force

8-512. Comprehensive medical and dental care; guidelines

A. The department shall provide comprehensive medical and dental care, including behavioral health services, as prescribed by rules of the department, for each child who is:

1. In a voluntary placement pursuant to section 8-806.

2. In the custody of the department in an out-of-home placement.

3. In the custody of a probation department and placed in foster care. The department shall not provide this care if the cost exceeds funds currently appropriated and available for that purpose.

B. The comprehensive medical and dental care consists of those benefits provided by the Arizona health care cost containment system benefit as prescribed in title 36, chapter 29, article 1 and as set forth in the approved medicaid state plan.

C. The department shall require providers to submit claims for medical and dental services pursuant to section 36-2903.01.

D. The department shall require that the provider pursue other third party payors before submitting a claim to the department. Payment received by a provider from the department is considered payment by the department of the department's liability for the bill. A provider may collect any unpaid portion of its bill from other third party payors or in situations covered by title 33, chapter 7, article 3.

E. The department shall not pay claims for services pursuant to this section that are submitted more than one hundred eighty days after the date of the service for which the payment is claimed.

F. The department may provide for payment through an insurance plan, hospital service plan, medical service plan, or any other health service plan authorized to do business in this state, fiscal intermediary or a combination of such plans or methods. The state shall not be liable for and the department shall not pay to any plan or intermediary any portion of the cost of comprehensive medical and dental care in excess of funds appropriated and available for such purpose at the time the plan or intermediary incurs the expense for such care.

G. The total amount of state monies that may be spent in any fiscal year by the department for comprehensive medical and dental care shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
A.R.S. § 8-106 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 106
8-106 Consent to adoption; waiver; consent to the release of information; notification to potential fathers
Status: in_force

8-106. Consent to adoption; waiver; consent to the release of information; notification to potential fathers

A. The court shall not grant an adoption of a child unless consent to adopt has been obtained and filed with the court from the following:

1. The child's birth or adoptive mother, if living.

2. The child's father if any of the following is true:

(a) The father was married to the child's mother at the time of conception or at any time between conception and the child's birth unless his paternity is excluded or another man's paternity is established pursuant to title 25, chapter 6, article 1.

(b) The father has adopted the child.

(c) The father's paternity is established under title 25, chapter 6, article 1 or section 36-334.

3. A child who is twelve years of age or older and who gives consent in open court.

4. Any guardian of the person of the child who is appointed by a court and who is given authority by it to consent to the child's adoption.

5. An agency that has been given consent to place the child for adoption by the parent or parents whose consent would be necessary under paragraph 1 or 2 of this subsection, or that has been given authority in other legal proceedings to place the child for adoption.

6. The guardian of any adult parent for whom a guardian is currently appointed.

7. The division if it has been given consent to place the child for adoption by the parent or parents whose consent would otherwise be necessary pursuant to paragraph 1 or 2 of this subsection or if it has been given authority in other legal proceedings to place the child for adoption.  The court may waive the requirement for consent if the court determines, after a hearing on actual notice to all persons who may be adversely affected, that waiving the requirement is clearly in the child's best interest.

B. It is not necessary for a person to obtain consent to adopt from the following:

1. An adult parent for whom a guardian is currently appointed.

2. A parent whose parental rights have been terminated by court order.

3. A parent who has previously consented to an agency's or the division's placement of the child for adoption.

4. A person whose consent is not required under subsection A of this section.

C. The minority of the child or parent does not affect the child's or parent's competency to give consent in the instances set forth in this section.

D. A consent to adopt is irrevocable unless obtained by fraud, duress or undue influence.

E. An agency, the division or an attorney participating or assisting in a direct placement adoption pursuant to section 8-130 shall obtain from a birth parent, at the time consent for adoption is obtained, a notarized statement that acknowledges that when the child being adopted reaches eighteen years of age, the child may obtain a copy of the child's original birth certificate as provided in section 36-340. The birth parent shall also submit the contact preference form prescribed in section 36-340 to the agency, division or attorney for filing with the court.

F. A notarized affidavit signed by the mother listing all potential fathers shall be filed with the court. The affidavit shall attest that all of the information contained in the affidavit is complete and accurate.

G. Notice shall be served on each potential father as provided for the service of process in civil actions. The notice shall be substantially in the form prescribed in subsection I of this section and shall inform the potential father of all of the following:

1. That adoption is planned.

2. The potential father's right to consent or withhold consent to the adoption.

3. The potential father's responsibility to initiate paternity proceedings under title 25, chapter 6, article 1, and to serve the mother within thirty days of completion of service.

4. The potential father's responsibility to proceed to judgment in the paternity action.

5. The potential father's right to seek custody.

6. The potential father's responsibility to begin to provide financial support for the child if paternity is established.

7. That the potential father's failure to file a paternity action pursuant to title 25, chapter 6, article 1, and to serve the mother and proceed to judgment in the paternity action as prescribed by this section, bars the potential father from bringing or maintaining any action to assert any interest in the child.

H. Service on a mother of a title 25, chapter 6, article 1 paternity action pursuant to this section may be accepted by an attorney or agency that is licensed in this state and that is representing the mother. A mother may omit her address from the affidavit and notice to potential fathers if the address of her attorney or the agency is provided in the affidavit. Service on an attorney or agency pursuant to this subsection is limited to service of the initial verified petition and summons in the paternity action.  Service on the attorney does not make the attorney the attorney of record for the mother in the paternity action and does not make the agency the agent for the mother in the paternity action.

I. The notice required pursuant to subsection G of this section shall be in substantially the following form:

Notice:

Notice is given to _______________ that you have been identified by ______________________, the natural mother, as a potential father of a child to be born or, born on _____________, in _________.

You are informed of the following:

1. ________________, the natural mother, plans to place the child for adoption.

2. Under sections 8-106 and 8-107, Arizona Revised Statutes, you have the right to consent or withhold consent to the adoption.

3. Your written consent to the adoption is irrevocable once you give it.

4. If you withhold consent to the adoption, you must initiate paternity proceedings under title 25, chapter 6, article 1, Arizona Revised Statutes, and serve the mother within thirty days after completion of service of this notice.

5. You have the obligation to proceed to judgment in the paternity action.

6. You have the right to seek custody.

7. If you are established as the child's father, you must begin to provide financial support for the child.

8. If you do not file a paternity action under title 25, chapter 6, article 1, Arizona Revised Statutes, and do not serve the mother within thirty days after completion of the service of this notice and pursue the action to judgment, you cannot bring or maintain any action to assert any interest in the child.

9. The Indian child welfare act may supersede the Arizona Revised Statutes regarding adoption and paternity.

10. For the purposes of service of a paternity action under title 25, chapter 6, article 1, Arizona Revised Statutes, service may be made on the mother at _____________ or her agency or attorney at ___________.

11. You may wish to consult with an attorney to assist you in responding to this notice.

J. A potential father who fails to file a paternity action and who does not serve the mother within thirty days after completion of service on the potential father as prescribed in subsection G of this section waives his right to be notified of any judicial hearing regarding the child's adoption or the termination of parental rights and his consent to the adoption or termination is not required.
A.R.S. § 8-826 — Arizona Code / Title 8 / Chapter 4 / Article 9 / Section 826
8-826 Further hearings and proceedings
Status: in_force

8-826. Further hearings and proceedings

If a parent or guardian denies the allegations at the preliminary protective hearing the court may set the date for the dependency adjudication hearing as to that parent or guardian. An initial dependency hearing shall not be held as to that parent or guardian. The court shall also schedule the settlement conference, pretrial conference or mediation that is prescribed in section 8-844. The court shall also instruct the parent or guardian that the failure to appear at the pretrial conference, settlement conference or dependency adjudication hearing may result in an adjudication of dependency and disposition as to the parent or guardian who does not appear.
A.R.S. § 8-806 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 806
8-806 Voluntary placement; conditions; notice of placement; time limit; rules
Status: in_force

8-806. Voluntary placement; conditions; notice of placement; time limit; rules

A. A child is eligible to be accepted into voluntary placement by a child safety worker on behalf of the department.

B. On acceptance of a child into voluntary placement, the worker must prepare a notice of placement and file the notice in the case file of the child.

C. A period of voluntary placement pursuant to this section shall not exceed ninety days. A worker shall not accept a child into voluntary placement for more than two periods within twenty-four consecutive months unless a dependency petition is pending.

D. The department may accept a voluntary placement agreement only if the department can provide necessary services that are likely to remedy the circumstances that bring the child into care within the ninety day period and one of the following applies:

1. The department plans to return the child to the parent, guardian or custodian who signed the child into voluntary placement.

2. While the child is in voluntary placement, the parent, guardian or custodian arranges a safe alternative placement for the child after the voluntary placement.

E. A worker shall not accept a child into voluntary placement without the written informed consent of the child's parent, guardian or custodian.  The department shall terminate voluntary placement on receipt of written revocation of consent by the parent, guardian or custodian.

F. A worker shall not accept a child, age twelve or older and not with a developmental disability, into voluntary placement without the written informed consent of the child unless the department determines that voluntary placement of the child is clearly necessary to prevent abuse.

G. The fact of voluntary placement does not constitute abandonment, abuse or dependency as defined in this article and may not be used in a judicial proceeding as an admission of criminal wrongdoing by that parent, guardian or custodian.

H. The department shall adopt rules in accordance with title 41, chapter 6 for the purpose of assessing parents for the full or partial cost of voluntary placement.

I. The department must develop a case plan with the child's parent, guardian or custodian within ten days of a child's voluntary placement as follows:

1. The case plan shall establish the services necessary to promote the safety of the child on the planned return of the child to the parent, guardian, custodian or alternative placement.

2. The department shall provide, contract with a service provider to provide or assist in accessing community resources to provide the services in the case plan.

3. The department must share the case plan with the foster parent, physical custodian or other voluntary placement provider of the child.

J. Before returning the child to a parent, guardian, custodian or alternative placement, the department shall inform the parent, guardian, custodian or alternative placement about available financial and nonfinancial services and eligibility requirements and shall assist the parent, guardian, custodian or alternative placement to complete the necessary applications.
A.R.S. § 8-409 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 409
8-409 Consultation between crime victim advocate and victim; privileged information; exception
Status: in_force

8-409. Consultation between crime victim advocate and victim; privileged information; exception

A. A crime victim advocate shall not disclose as a witness or otherwise any communication made by or with the victim, including any communication made to or in the presence of others, unless the victim consents in writing to the disclosure.

B. Unless the victim consents in writing to the disclosure, a crime victim advocate shall not disclose records, notes, documents, correspondence, reports or memoranda that contain opinions, theories or other information made while advising, counseling or assisting the victim or that are based on communications made by or with the victim, including communications made to or in the presence of others.

C. The communication is not privileged if the crime victim advocate knows that the victim will give or has given perjured testimony or if the communication contains exculpatory material.

D. An accused may make a motion for disclosure of privileged information.  If the court finds there is reasonable cause to believe the material is exculpatory, the court shall hold a hearing in camera. Material that the court finds is exculpatory shall be disclosed to the accused.

E. If, with the written or verbal consent of the victim, the crime victim advocate discloses to the prosecutor or a law enforcement agency any communication between the victim and the crime victim advocate or any records, notes, documents, correspondence, reports or memoranda, the prosecutor or law enforcement agent shall disclose the material to the accused's attorney only if the information is otherwise exculpatory.

F. Notwithstanding subsections A and B of this section, if a crime victim consents either verbally or in writing, a crime victim advocate may disclose information to other professionals and administrative support persons that the advocate works with for the purpose of assisting the advocate in providing services to the victim and to the court in furtherance of any victims' right pursuant to this chapter.
A.R.S. § 8-846 — Arizona Code / Title 8 / Chapter 4 / Article 10 / Section 846
8-846 Services provided to the child and family
Status: in_force

8-846. Services provided to the child and family

A. Except as provided in subsections D, E and F of this section, if the child has been removed from the home, the court shall order the department to make reasonable efforts to provide services to the child and the child's parent.

B. If the court determines that services supplemental to those provided through the department are available from another source at no cost to this state, the court may order the services on agreement of the provider.

C. The court may employ an individual or individuals to facilitate collaboration between the parties and to ensure the delivery of court-ordered services.  An employee acting in that capacity has access to all documents and information necessary to ensure service delivery regarding the child and the child's family without obtaining prior approval from the child, the child's family or the court. The employee may disclose documents and information the employee acquires, reviews or produces only as prescribed pursuant to section 8-807.

D. The court shall consider the following factors in determining whether reunification services are required to be provided. Reunification services are not required to be provided if the court finds by clear and convincing evidence that:

1. One or more of the following aggravating circumstances exist:

(a) A party to the action provides a verified affidavit that states that a reasonably diligent search has failed to identify and locate the parent within three months after the filing of the dependency petition or the parent has expressed no interest in reunification with the child for at least three months after the filing of the dependency petition.

(b) The parent or guardian is suffering from a mental illness or mental deficiency of such magnitude that it renders the parent or guardian incapable of benefitting from the reunification services. This finding shall be based on competent evidence from a psychologist or physician that establishes that, even with the provision of reunification services, the parent or guardian is unlikely to be capable of adequately caring for the child within twelve months after the date of the child's removal from the home.

(c) The child previously has been removed and adjudicated dependent due to physical or sexual abuse. After the adjudication the child was returned to the custody of the parent or guardian and then subsequently removed within eighteen months due to additional physical or sexual abuse.

(d) The parent or guardian committed an act that constitutes a dangerous crime against children as defined in section 13-705 or caused a child to suffer serious physical injury or emotional injury or the parent or guardian knew or reasonably should have known that another person committed an act that constitutes a dangerous crime against children as defined in section 13-705 or caused a child to suffer serious physical injury or emotional injury.

(e) The parent's rights to another child have been terminated, the parent has not successfully addressed the issues that led to the termination and the parent is unable to discharge parental responsibilities.

(f) After a finding that a child is dependent, all of the following are true:

(i) A child has been removed from the parent or guardian on at least two previous occasions.

(ii) Reunification services were offered or provided to the parent or guardian after the removal.

(iii) The parent or guardian is unable to discharge parental responsibilities.

(g) A child who is currently under six months of age was exposed to a drug or substance as described in section 8-201, paragraph 25, subdivision (c) and both of the following are true:

(i) The parent of the child is unable to discharge parental responsibilities because of a history of chronic abuse of dangerous drugs or controlled substances.

(ii) Reasonable grounds exist to believe that the parent's condition will continue for a prolonged or indeterminate period based on a competent opinion from a licensed health care provider with experience in the area of substance abuse disorders. For the purposes of this item "licensed health care provider" means a physician licensed pursuant to title 32, chapter 13 or 17, a psychologist licensed pursuant to title 32, chapter 19.1, a nurse practitioner licensed pursuant to title 32, chapter 15 whose population foci include psychiatric and mental health or a licensed independent addiction counselor licensed pursuant to title 32, chapter 33.

2. The parent or guardian of a child has been convicted of a dangerous crime against children as defined in section 13-705, murder or manslaughter of a child, or of sexual abuse of a child, sexual assault of a child, sexual conduct with a minor, molestation of a child, commercial sexual exploitation of a minor, sexual exploitation of a minor or luring a minor for sexual exploitation.

3. The parent or guardian of a child has been convicted of aiding or abetting or attempting, conspiring or soliciting to commit any of the crimes listed in paragraph 2 of this subsection.

E. The court shall consider any criminal prosecution relating to the offenses that led to the child's removal from the home and shall abide by any orders of the criminal court.  Information may be provided by law enforcement or the county attorney.

F. If a dependency petition was filed pursuant to section 8-873.01 or 8-874, subsection J, the court may direct the division not to provide reunification services to the child's parents unless the court finds by clear and convincing evidence that these services would be in the child's best interests.
A.R.S. § 8-327 — Arizona Code / Title 8 / Chapter 3 / Article 2 / Section 327
8-327 Transfer hearing
Status: in_force

8-327. Transfer hearing

A. The state may request an order of the juvenile court transferring jurisdiction of the criminal prosecution of any felony filed in the juvenile court to the criminal division of the superior court.

B. On request of the state that a juvenile be transferred, the court shall hold a transfer hearing before the adjudication hearing.

C. If the judge finds by a preponderance of the evidence that probable cause exists to believe that the offense was committed, that the juvenile committed the offense and that the public safety would best be served by the transfer of the juvenile for criminal prosecution, the judge shall order that the juvenile be transferred for criminal prosecution to the appropriate court having jurisdiction of the offense. The judge shall state on the record the reasons for transferring or not transferring the juvenile for criminal prosecution.

D. The court shall consider the following factors in determining if the public safety would be served by the transfer of a juvenile for criminal prosecution:

1. The seriousness of the offense involved.

2. The record and previous history of the juvenile, including previous contacts with the courts and law enforcement, previous periods of any court ordered probation and the results of that probation.

3. Any previous commitments of the juvenile to juvenile residential placements and secure institutions.

4. If the juvenile was previously committed to the department of juvenile corrections for a felony offense.

5. If the juvenile committed another felony offense while the juvenile was a ward of the department of juvenile corrections.

6. If the juvenile committed the alleged offense while participating in, assisting, promoting or furthering the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise.

7. The views of the victim of the offense.

8. If the degree of the juvenile's participation in the offense was relatively minor but not so minor as to constitute a defense to prosecution.

9. The juvenile's mental and emotional condition.

10. The likelihood of the juvenile's reasonable rehabilitation through the use of services and facilities that are currently available to the juvenile court.

E. At the conclusion of the transfer hearing, the court shall make a written determination whether the juvenile should be transferred to the criminal division of the superior court for criminal prosecution. The court shall not defer the decision as to the transfer. If the court determines that the juvenile should not be transferred to the criminal division of the superior court, the court shall set an adjudication hearing.
A.R.S. § 8-504 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 504
8-504 Sanitation, fire and hazard inspection
Status: in_force

8-504. Sanitation, fire and hazard inspection

A. The division shall visit each child welfare agency and foster home and inspect the premises used for care of children for sanitation, fire and other actual and potential hazards.  The division shall take action it deems necessary to carry out the duties imposed by this section including the denial of the application for licensure and the suspension or revocation of a license.

B. The division may delegate any additional inspection, examination or study provided for by this article, including inspection of premises for fire hazards, to an agency, department, political subdivision or governmental entity deemed appropriate by the division.
A.R.S. § 8-308 — Arizona Code / Title 8 / Chapter 3 / Article 1 / Section 308
8-308 Required attendance of parent, legal guardian or custodian in court; contempt
Status: in_force

8-308. Required attendance of parent, legal guardian or custodian in court; contempt

A. The parent, legal guardian or custodian of a juvenile or child against whom a petition has been filed alleging the commission of a delinquent or incorrigible act shall be served with a notice to appear and shall appear with the juvenile or child at the juvenile court at the time set by the juvenile court.  Upon a showing of good cause that the parent, guardian, or custodian cannot appear on the date and time set by the court, the court may waive the requirement that the parent, guardian or custodian appear. The court shall state on the record the reasons for waiving the requirement that the parent, guardian or custodian appear. Failure of a parent, guardian or custodian to appear shall not bar further proceedings by the court.

B.  If a parent, legal guardian or custodian fails to appear with the juvenile or child in juvenile court, and good cause for the failure to appear is not found as provided in subsection A of this section, the court shall issue an order to show cause to the parent, legal guardian or custodian as to why that person shall not be held in contempt.
A.R.S. § 8-221 — Arizona Code / Title 8 / Chapter 2 / Article 2 / Section 221
8-221 Counsel right of juvenile, parent or guardian; appointment; guardian ad litem
Status: in_force

8-221. Counsel right of juvenile, parent or guardian; appointment; guardian ad litem

A. The court shall appoint an attorney for a child in all delinquency proceedings that commence with a petition or that may involve detention, dependency proceedings or termination of parental rights proceedings that are conducted pursuant to this title. The court shall appoint the attorney before the first hearing. The attorney shall represent the child at all stages of the proceedings and, in a dependency proceeding, through dismissal.

B. If a parent or guardian is found to be indigent and entitled to counsel, the juvenile court shall appoint an attorney to represent the person or persons unless the person knowingly, intelligently and voluntarily waives counsel.

C. Before any court appearance that may result in institutionalization or mental health hospitalization of a juvenile, the court shall appoint counsel for the juvenile if counsel has not been previously appointed or retained by or for the juvenile.

D. The county board of supervisors may fix a reasonable sum to be paid by the county for the services of an appointed attorney.

E. In a county where there is a public defender, the public defender may act as attorney in either:

1. A delinquency or incorrigibility proceeding when requested by the juvenile court.

2. Any other juvenile proceeding that is conducted pursuant to this title if the board of supervisors authorizes the appointment of the public defender.

F. In all juvenile court proceedings in which the dependency petition includes an allegation that the juvenile is abused or neglected, the court may appoint a guardian ad litem to protect the juvenile's best interests. This guardian ad litem shall be an attorney. The guardian ad litem is not the child's attorney.

G. Any guardian ad litem or attorney appointed for a juvenile shall meet with the juvenile before the preliminary protective hearing, if possible, or within fourteen days after the preliminary protective hearing.  The guardian ad litem or attorney appointed for the juvenile also shall meet with the juvenile before all substantive hearings. On a showing of extraordinary circumstances, the judge may modify this requirement for any substantive hearing.
A.R.S. § 8-206 — Arizona Code / Title 8 / Chapter 2 / Article 1 / Section 206
8-206 Venue
Status: in_force

8-206. Venue

A. The venue of proceedings in the juvenile court shall be determined by the county of the residence of the juvenile, or the county where the alleged dependency or incorrigibility occurs.

B. The venue of proceedings in the juvenile court in which a petition alleging a delinquent act is filed is the county where the alleged delinquent act occurs.

C. The venue of proceedings in the juvenile court in which a referral alleging a delinquent act is diverted pursuant to section 8-321 is the county of residence of the juvenile or the county where the alleged delinquent act occurs.

D. If the residence of the juvenile and the situs of the alleged dependency or incorrigibility are in different counties, invoking proceedings in one county shall bar proceedings in the others.

E. On agreement of the judge in the county of disposition and the judge in the county of residence and after considering the interests of the victim, juvenile and supervising probation officer, a juvenile may be supervised on probation in the county of the juvenile's residence. The judge in the juvenile's county of residence has authority to enforce the terms and conditions of the juvenile's probation.
A.R.S. § 8-515.02 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 515.02
8-515.02 Case assignment; distribution of records
Status: in_force

8-515.02. Case assignment; distribution of records

A. The juvenile court in each county shall assign cases of children in out-of-home placement to a local board so that local boards are assigned an approximately equal number of children. In a case where a child resides in a county other than the resident county of the child's parents, the county of the child's original jurisdiction shall maintain jurisdiction unless, for valid reasons, the judge of such county transfers jurisdiction. A list of the cases so assigned shall be sent to the local board and the supreme court.

B. Notwithstanding subsection A of this section, the juvenile court in each county in its discretion may assign appropriate cases of children in out-of-home placement to a local foster care review board for early review of the case plan within sixty days after the removal of the child from the child's home.
A.R.S. § 8-823 — Arizona Code / Title 8 / Chapter 4 / Article 9 / Section 823
8-823 Notice of taking into temporary custody
Status: in_force

8-823. Notice of taking into temporary custody

A. If a child is taken into temporary custody pursuant to this article, the interested person, peace officer or child safety worker taking the child into custody shall provide written notice within six hours to the parent or guardian of the child, unless:

1. The parent or guardian is present when the child is taken into custody, then written and verbal notice shall be provided immediately.

2. The residence of the parent or guardian is outside this state and notice cannot be provided within six hours, then written notice shall be provided within twenty-four hours.

3. The residence of the parent or guardian is not ascertainable, then reasonable efforts shall be made to locate and notify the parent or guardian of the child as soon as possible.

B. The written notice shall contain a signature line for the parent or guardian to acknowledge receipt of both written and verbal notices.  The written and verbal notices shall contain the name of the person and agency taking the child into custody, the location from which the child was taken and all of the following information:

1. Specific reasons as to why the child is being removed.  The notice shall list the specific factors that caused the determination of imminent danger.

2. Services that are available to the parent or guardian, including a statement of parental rights and information on how to contact the ombudsman-citizens aide's office and an explanation of the services that office offers.

3. The date and time of the taking into custody.

4. The name and telephone number of the agency responsible for the child.

5. A statement of the reasons for temporary custody of the child.

6. A statement that the child must be returned within seventy-two hours excluding Saturdays, Sundays and holidays unless a dependency petition is filed and a statement that a child in temporary custody for examination because an exigent circumstance described in section 8-821, subsection L, paragraph 2 exists must be returned within twelve hours unless abuse or neglect is diagnosed.

7. One of the following:

(a) If a dependency petition has not been filed or if the information prescribed in subdivision (b) is not available, a statement that if a dependency petition is filed, the parent or guardian will be provided a written notice not later than twenty-four hours after the petition is filed that contains the information prescribed in subdivision (b).

(b) In all other cases, the date, time and place of the preliminary protective hearing to be held pursuant to section 8-824 and the requirements of subsection D of this section.

8. A statement of the right of the parent or guardian to counsel and that counsel will be appointed pursuant to section 8-221 through the juvenile court if a dependency petition is filed and the person is indigent.

9. Information regarding the ability of the person about whom the report was made to provide a verbal, telephonic or written response to the allegations.  A verbal response shall be included in the written report of the investigation.  A written response, including any documentation, shall be included in the case file.

10. A statement that the hearing may result in further proceedings to terminate parental rights.

11. A statement that the parent or guardian must immediately provide to the department the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.  If there is not sufficient information available to locate a relative or person with a significant relationship with the child, the parent shall inform the department of this fact. If the parent or guardian obtains information regarding the existence or location of a relative or person with a significant relationship with the child, the parent or guardian shall immediately provide that information to the department.

12. A statement that the parent or guardian must be prepared to provide to the court at the preliminary protective hearing the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.

C. The child safety worker shall provide the parent or guardian with the notice even if the parent or guardian refuses to sign the acknowledgment.

D. Immediately before the time of the preliminary protective hearing, the persons described in section 8-824, subsection B shall meet and attempt to reach an agreement about placement of the child, services to be provided to the child, parent or guardian and visitation of the child.  The parties shall meet with their counsel, if any, before this meeting. Consideration shall be given to the availability of reasonable services to the parent or guardian and the child's health and safety shall be a paramount concern. The persons described in section 8-824, subsection C may attend the meeting to reach an agreement.

E. If a dependency petition is filed by the department, the child safety worker is responsible for delivering the notice of the preliminary protective hearing prescribed in subsection B, paragraph 7 of this section to the parent or guardian.  In all other cases, the person who files the dependency petition is responsible for delivery of this notice to the parent or guardian.  If the location of the parent or guardian is unknown, the person who is responsible for serving this notice shall make reasonable efforts to locate and notify the parent or guardian.
A.R.S. § 8-514.07 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 514.07
8-514.07 Kinship foster care; relative identification and notification; due diligence search
Status: in_force

8-514.07. Kinship foster care; relative identification and notification; due diligence search

A. If a child is taken into temporary custody, as part of the ongoing search, the department shall use due diligence in an initial search to identify and notify adult relatives of the child and persons with a significant relationship with the child within thirty days after the child is taken into temporary custody.

B. The search to identify adult relatives of the child or persons with a significant relationship with the child must include:

1. An interview with the child's parent.

2. An interview with the child.

3. Interviews with identified adult relatives.

4. Interviews with other persons who are likely to have information regarding the location of adult relatives of the child or persons with a significant relationship with the child.

5. A comprehensive search of available records that are likely to help identify and locate a person being sought, including:

(a) Employment records.

(b) Vehicle registration records.

(c) Child support enforcement records.

(d) Utility accounts.

(e) Previous residential addresses.

(f) Law enforcement records.

(g) State department of corrections records.

6. Thorough inquiries by the court of the parties during case hearings.

7. Any other means the department deems likely to identify adult relatives of the child or persons with a significant relationship with the child.

C. Within thirty days after the child is taken into temporary custody and at each subsequent review and report hearing or permanency planning hearing, the department shall file with the court documentation regarding attempts made pursuant to this section or as otherwise required by the court to identify and notify adult relatives of the child and persons with a significant relationship with the child. This documentation shall include a detailed narrative explaining the department's efforts to consider each potential placement and the specific outcome.

D. The department shall provide notice to adult relatives of the child and persons with a significant relationship with the child who are identified through the search requirements of this section.  The notice shall do the following:

1. Specify that the child has been or is being removed from the child's parental custody.

2. Explain the options an adult relative of the child or a person with a significant relationship with the child has to participate in the care or placement of the child.

3. Explain that financial assistance and other forms of support are available to adult relatives of the child and persons with a significant relationship with the child with whom the child is placed.

4. Describe the process for becoming a licensed foster parent and the additional services and support that are available for children placed in approved foster homes.

5. Require an adult relative of the child or a person with a significant relationship with the child to respond within thirty days after receiving notice that the child has been removed from the home.

E. If the child is not placed with an adult relative of the child or person with a significant relationship with the child or the child is placed with an adult relative or person with a significant relationship with the child who is unable or unwilling to provide permanent placement for the child, the department shall continue to conduct an ongoing search for adult relatives of the child or persons with a significant relationship with the child. The department shall engage in search efforts if ordered by the court, a change in the child's placement occurs or a party shows that the search is in the best interest of the child.

F. The department shall file with the court documentation of both of the following:

1. The completed due diligence search efforts.  This documentation shall include:

(a) The names of and relevant information about adult relatives of the child or persons with a significant relationship with the child.

(b) The steps taken by the department to locate and contact adult relatives of the child or persons with a significant relationship with the child.

(c) The responses received from adult relatives of the child or persons with a significant relationship with the child.

(d) The dates of each attempted or completed contact with an adult relative of the child or a person with a significant relationship with the child.

(e) The reasons why an adult relative of the child or a person with a significant relationship with the child was not considered for temporary or permanent placement of the child.

2. All efforts for placement of the child through an interstate compact agreement pursuant to section 8-548. This documentation shall include:

(a) The names of adult relatives of the child or persons with a significant relationship with the child who were considered for an interstate placement.

(b) Any pending placement of the child through an interstate compact agreement.

(c) All potential out-of-state placements outside of an interstate compact agreement and the reasons such placements have not been initiated.

G. If an out-of-state placement option exists and the department has failed to file a request with the receiving state pursuant to the requirements of an interstate compact agreement pursuant to section 8-548, the court shall enter a finding that the department has not made a due diligence search and shall order the department to file a request with the receiving state pursuant to the terms of the interstate compact agreement.
A.R.S. § 8-103 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 103
8-103 Who may adopt
Status: in_force

8-103. Who may adopt

A. Any adult resident of this state, whether married, unmarried or legally separated, is eligible to qualify to adopt children. A husband and wife may jointly adopt children.

B. An adult nonresident of this state, whether married, unmarried or legally separated, is eligible to qualify to adopt a child if all of the following apply:

1. The child is a dependent child and currently under the jurisdiction of the juvenile court in this state.

2. The child currently resides in the home of the applicant.

3. The department placed the child in the home of the applicant pursuant to section 8-548.

4. The department recommends the adoption of the child by the applicant.

5. The foster care review board has reviewed the child's case as required by section 8-515.03, except that the court may not delay the child's adoption if the foster care review board has not reviewed the child's case.

C. Pursuant to rules adopted by the department, the department or adoption agency shall place a child in an adoptive home that best meets the safety, social, emotional, physical and mental health needs of the child.  Other relevant factors for consideration, in no order of preference, shall include:

1. The marital status and the length and stability of the marital relationship of the prospective adoptive parents.

2. Placement with the child's siblings pursuant to section 8-862.

3. Established relationships between the child and the prospective adoptive family as described in section 8-862, including placement with a grandparent or another member of the child's extended family, including a person or foster parent who has a significant relationship with the child.

4. The prospective adoptive family's ability to meet the child's safety, social, emotional, physical and mental health needs and the ability to financially provide for the child.

5. The wishes of the child who is twelve years of age or older.

6. The wishes of the child's birth parents unless the rights of the parent have been terminated or the court has established a case plan of severance and adoption.

7. The availability of relatives, the child's current or former foster parents or other significant persons to provide support to the prospective adoptive family and child.

D. If all relevant factors are equal and the choice is between a married man and woman certified to adopt and a single adult certified to adopt, placement preference shall be with a married man and woman.

E. In each adoption proceeding, the court shall make findings on the record regarding the best interests of the child pursuant to law.
A.R.S. § 8-128 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 128
8-128 Violation; classification
Status: in_force

8-128. Violation; classification

A person who knowingly violates any provision of this article is guilty of a class 6 felony.
A.R.S. § 8-531 — Arizona Code / Title 8 / Chapter 4 / Article 5 / Section 531
8-531 Definitions
Status: in_force

8-531. Definitions

In this article, unless the context otherwise requires:

1. "Abandonment" means the failure of a parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandonment includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment.

2. "Agency" means an agency licensed by the division to place children for adoption.

3. "Child" means a person less than eighteen years of age.

4. "Custodian" means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of a court of competent jurisdiction.

5. "Custody" or "legal custody" means a status embodying all of the following rights and responsibilities:

(a) The right to have physical possession of the child.

(b) The right and the duty to protect, train and discipline the child.

(c) The responsibility to provide the child with adequate food, clothing, shelter, education and medical care, provided that such rights and responsibilities shall be exercised subject to the powers, rights, duties and responsibilities of the guardian of the person and subject to the residual parental rights and responsibilities if they have not been terminated by judicial decree.

6. "Division" means the department.

7. "Guardian ad litem" means a person appointed by the court to protect the interest of a minor or an incompetent in a particular case before the court.

8. "Guardianship of the person" with respect to a minor means the duty and authority to make important decisions in matters affecting the minor including but not necessarily limited either in number or kind to:

(a) The authority to consent to marriage, to enlistment in the armed forces of the United States and to major medical, psychiatric and surgical treatment, to represent the minor in legal actions and to make other decisions concerning the child of substantial legal significance.

(b) The authority and duty of reasonable visitation, except to the extent that such right of visitation has been limited by court order.

(c) The rights and responsibilities of legal custody, except where legal custody has been vested in another individual or in an authorized agency.

(d) When the parent-child relationship has been terminated by judicial decree with respect to the parents, or only living parent, or when there is no living parent, the authority to consent to the adoption of the child and to make any other decision concerning the child that the child's parents could make.

9. "Juvenile court" means the juvenile division of the superior court.

10. "Parent" means the natural or adoptive mother or father of a child.

11. "Parent-child relationship" includes all rights, privileges, duties and obligations existing between parent and child, including inheritance rights.

12. "Parties" includes the child, the petitioners and any parent of the child required to consent to the adoption pursuant to section 8-106.
A.R.S. § 8-539 — Arizona Code / Title 8 / Chapter 4 / Article 5 / Section 539
8-539 Effect of court order
Status: in_force

8-539. Effect of court order

An order terminating the parent-child relationship shall divest the parent and the child of all legal rights, privileges, duties and obligations with respect to each other except the right of the child to inherit and support from the parent. This right of inheritance and support shall only be terminated by a final order of adoption.
A.R.S. § 8-389 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 389
8-389 Preliminary notice of rights
Status: in_force

8-389. Preliminary notice of rights

A. If the victim has requested notice and if the accused is in custody at the time of charging, or seven days after the prosecutor charges a delinquent offense if the accused is not in custody, the prosecutor's office shall give the victim notice of the following:

1. All of the victim's rights through disposition under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, this article and court rules.

2. The charge or charges against the accused and a clear and concise statement of the procedural steps involved in a delinquency prosecution.

3. The procedures a victim shall follow to invoke the victim's right to confer with the prosecuting attorney pursuant to section 8-399.

4. The person within the prosecutor's office to contact for more information.

B. Notwithstanding subsection A of this section, if a prosecutor declines to proceed with a prosecution after the final submission of a case by a law enforcement agency at the end of an investigation, the prosecutor, before the decision not to proceed is final, shall notify the victim and provide the victim with the reasons for declining to proceed with the case. The notice shall inform the victim of the victim's right on request to confer with the prosecutor before the decision not to proceed is final.
A.R.S. § 8-205 — Arizona Code / Title 8 / Chapter 2 / Article 1 / Section 205
8-205 Powers and duties of juvenile court personnel
Status: in_force

8-205. Powers and duties of juvenile court personnel

Subject to the limitations of this chapter and chapter 3 of this title or as imposed by the juvenile court, an authorized juvenile court officer shall:

1. Except as provided by section 8-323, receive and examine all referrals or Arizona uniform traffic ticket and complaint forms involving an alleged delinquent juvenile or incorrigible child.

2. Perform other duties as required or prescribed by the presiding judge of the juvenile court.

3. Have the authority of a peace officer in the performance of the court officer's duties.

4. Receive petitions alleging a child or children as dependent and transmit the petitions to the juvenile court.
A.R.S. § 8-420 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 420
8-420 Right to leave work; scheduled proceedings; employment rights; nondiscrimination; confidentiality; definition
Status: in_force

8-420. Right to leave work; scheduled proceedings; employment rights; nondiscrimination; confidentiality; definition

A. An employer who has fifty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of that employer, shall allow an employee who is a victim of a juvenile offense to:

1. Leave work to exercise the employee's right to be present at a proceeding pursuant to sections 8-395, 8-400, 8-401, 8-402, 8-403, 8-405, 8-406 and 8-415.

2. Obtain or attempt to obtain an order of protection, an injunction against harassment or any other injunctive relief to help ensure the health, safety or welfare of the victim or the victim's child.

B. An employer may not dismiss an employee who is a victim of a juvenile offense because the employee exercises the right to leave work pursuant to subsection A of this section.

C. An employer is not required to compensate an employee who is a victim of a juvenile offense when the employee leaves work pursuant to subsection A of this section.

D. If an employee leaves work pursuant to subsection A of this section, the employee may elect to use or an employer may require the employee to use the employee's accrued paid vacation, personal leave or sick leave.

E. An employee who is a victim of a juvenile offense shall not lose seniority or precedence while absent from employment pursuant to subsection A of this section.

F. Before an employee may leave work pursuant to subsection A of this section, the employee shall do all of the following:

1. Provide the employer with a copy of the form provided to the employee by the law enforcement agency pursuant to section 8-386, subsection A or a copy of the information the law enforcement agency provides to the employee pursuant to section 8-386, subsection E.

2. If applicable, give the employer a copy of the notice of each scheduled proceeding that is provided to the victim by the agency that is responsible for providing notice to the victim.

G. It is unlawful for an employer or an employer's agent to refuse to hire or employ, to bar or to discharge from employment or to discriminate against an individual in compensation or other terms, conditions or privileges of employment because the individual leaves work pursuant to subsection A of this section.

H. Employers shall keep confidential records regarding the employee's leave pursuant to this section.

I. An employer may limit the leave provided under this section if the employee's leave creates an undue hardship to the employer's business.

J. The prosecutor shall inform the victim of the victim's rights pursuant to this section.  A victim may notify the prosecutor if exercising the victim's right to leave under this section would create an undue hardship for the victim's employer.  The prosecutor shall communicate the notice to the court during the scheduling of proceedings where the victim has the right to be present.  The court shall continue to take the victim's schedule into consideration when scheduling a proceeding pursuant to subsection A of this section.

K. For the purposes of this section, "undue hardship" means a significant difficulty and expense to a business and includes the consideration of the size of the employer's business and the employer's critical need of the employee.
A.R.S. § 8-402 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 402
8-402 Postarrest detention decisions
Status: in_force

8-402. Postarrest detention decisions

The victim has the right to be heard at any proceeding in which the court considers the postarrest release of the juvenile accused of committing a delinquent act against the victim or the conditions of that release.
A.R.S. § 8-123 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 123
8-123 Irregularities; curative period
Status: in_force

8-123. Irregularities; curative period

After one year from the date the adoption decree is entered, any irregularity in the proceeding shall be deemed cured and the validity of the decree shall not thereafter be subject to attack on any such ground in any collateral or direct proceeding.
A.R.S. § 8-531.01 — Arizona Code / Title 8 / Chapter 4 / Article 5 / Section 531.01
8-531.01 Prohibition
Status: in_force

8-531.01. Prohibition

Notwithstanding any other provision of this chapter, no child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner shall, for that reason alone, be considered to be an abused, neglected or dependent child.
A.R.S. § 8-901 — Arizona Code / Title 8 / Chapter 5 / Article 1 / Section 901
8-901 Missing, kidnapped or runaway children; mandatory reporting
Status: in_force

8-901. Missing, kidnapped or runaway children; mandatory reporting

A. A law enforcement agency that receives a report of a missing, kidnapped or runaway child shall do all of the following:

1. Within two hours after receiving the report and all necessary and available information, submit the following information to the Arizona crime information center, the national crime information center computer networks and the national missing and unidentified persons system:

(a) The name, date of birth, sex, race, height, weight and eye and hair color of the child.

(b) A recent photograph of the child, if available.

(c) The date and location of the last known contact with the child.

(d) The category under which the child is reported missing.

2. Not later than thirty days after the original entry of the record, verify and update the record with any additional information, including, where available, medical and dental records and a photograph taken during the previous one hundred eighty days.

3. Institute or assist with appropriate search and investigative procedures.

4. Maintain a close liaison with state and local child welfare systems and the national center for missing and exploited children for the exchange of information and technical assistance in the missing child case.

5. Grant permission to the national crime information center terminal contractor for this state to update the missing child record in the national crime information center computer networks with additional information that is learned during the investigation and that relates to the missing child.

B. A law enforcement agency that receives a report of a missing, kidnapped or runaway child who is in the foster care system shall notify the national center for missing and exploited children in addition to the entities listed in subsection A of this section.

C. An entry may not be removed from any database or system until the child is found or the case is closed.
A.R.S. § 8-118 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 118
8-118 Petition withdrawal or denial; custody
Status: in_force

8-118. Petition withdrawal or denial; custody

In any case in which the petition is withdrawn or denied the court shall order the removal of the child from the proposed adoptive home if the court finds that such removal is in the child's best interest. If such removal is ordered, the court shall vest temporary legal custody in an agency with power to remove the child and to plan for the child's welfare. The court shall fix responsibility for temporary child support. The court may make such other orders as it deems necessary to protect and further the best interests of the child.
A.R.S. § 8-511 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 511
8-511 Short-term caregiver
Status: in_force

8-511. Short-term caregiver

A. Except as prescribed in subsection B, if circumstances require a foster parent to leave a foster child in the care of another person, the foster parent shall:

1. Use reasonable judgment in the foster parent's choice of an adult to provide the care.

2. Notify the department case manager before the care exceeds twenty-four hours, in a nonemergency situation.

3. Notify the department case manager before the care exceeds seventy-two hours, in an emergency situation.

B. A foster parent who is certified to provide care to a child with developmental disabilities, a medically fragile child or a child receiving treatment foster care shall implement the alternate care plan that is approved by the department, if the foster parent must leave the foster child in the care of another person.
A.R.S. § 8-163 — Arizona Code / Title 8 / Chapter 1 / Article 3 / Section 163
8-163 Eligibility
Status: in_force

8-163. Eligibility

A. Parents who have adopted a child with special needs may apply to the department for reimbursement of the nonrecurring expenses of that adoption.

B. To be eligible for reimbursement, the application must document the following:

1. The child cannot or should not be returned to the home of the child's parents.

2. The special needs of the child require financial assistance in order to place that child with the adoptive parents.

3. Reasonable effort has been made to place the child without providing reimbursement for nonrecurring adoption expenses, unless this is against the best interests of the child.

C. The department shall review the completed application, including supporting documentation provided by the applicant, to determine eligibility for reimbursement of nonrecurring adoption expenses.
A.R.S. § 8-399 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 399
8-399 Victim conference with prosecuting attorney
Status: in_force

8-399. Victim conference with prosecuting attorney

A. On request of the victim, the prosecuting attorney shall confer with the victim about the disposition of a delinquent offense, including the victim's views about a decision not to proceed with prosecution, dismissal, withdrawal of a request for transfer, plea or disposition negotiations and, if a petition has been filed, preadjudication diversion programs.

B. On request of the victim, the prosecuting attorney shall confer with the victim before the commencement of an adjudication or transfer hearing.

C. The right of the victim to confer with the prosecuting attorney does not include the authority to direct the prosecution of the case.
A.R.S. § 8-1193 — Arizona Code / Title 8 / Chapter 13 / Article 5 / Section 1193
8-1193 Public record, open meeting, and conflict of interest laws
Status: in_force

8-1193. Public record, open meeting, and conflict of interest laws

(Caution:  1998 Prop. 105 applies)

The Arizona early childhood development and health board and the regional partnership councils are public agencies. They are therefore subject to:

1. The open meeting law, title 38, chapter 3, article 3.1

2. The public records law, title 39, chapter 1.

3. The conflict of interest law, title 38, chapter 3, article 8.
A.R.S. § 8-1172 — Arizona Code / Title 8 / Chapter 13 / Article 3 / Section 1172
8-1172 Program and grant proposal requirements
Status: in_force

8-1172. Program and grant proposal requirements

(Caution:  1998 Prop. 105 applies)

Grant proposals seeking funding from either the board or a regional partnership council and proposals for programs to be conducted directly by a regional partnership council must include:

A. A detailed description of how the funds will be used.

B. An explanation of how the program will meet one or more of the objectives permitted by section 8-1171.

C. An explanation of how the program will meet the needs identified in the most recent statewide or regional needs and assets assessment prepared pursuant to section 8-1192 or 8-1161.

D. An explanation of how the program has made or will make use of other available resources, including federal, state, local and private monies, to achieve its objectives.

E. A description of the financial controls and accountability measures the program will employ.

F. A description of how the program will evaluate its success in meeting the identified objectives and obtaining outcomes for children and families.
A.R.S. § 8-346 — Arizona Code / Title 8 / Chapter 3 / Article 3 / Section 346
8-346 Restitution fund; restitution contracts
Status: in_force

8-346. Restitution fund; restitution contracts

A. The county board of supervisors shall establish a separate fund for the payment of restitution in juvenile delinquency proceedings by juveniles who are ordered to pay restitution and who are financially unable to pay or who are otherwise unable to be employed to earn money to pay restitution. The fund consists of state and local appropriations and grants, gifts, devises and donations from any public or private source.

B. The county board of supervisors may apply to the internal revenue service for a ruling that donations to the fund are tax deductible.

C. The county attorney or the court may direct the payment of monies from the fund to the victim for unpaid charitable work done by the juvenile to pay restitution that was ordered by the juvenile court or that the juvenile agreed to pay as part of a diversion program administered by the county attorney or the juvenile court. If a juvenile performs unpaid charitable work pursuant to this section, the agency providing the work shall supervise the juvenile's work. The juvenile shall be credited for each hour worked at an hourly rate set by the county attorney or the juvenile court.

D. If monies are available, the victim shall be paid from monies that are credited to the juvenile for work performed.

E. The county attorney or the juvenile court shall not retain more than twenty per cent of the money credited to the fund for the payment of administrative costs and expenses.

F. The county attorney or the juvenile court may enter into contracts with this state, any political subdivision of this state or private entities to provide appropriate services by juveniles who are ordered to pay restitution by the juvenile court or who have agreed to pay restitution as part of a diversion program that is administered by the county attorney or the juvenile court.
A.R.S. § 8-831 — Arizona Code / Title 8 / Chapter 4 / Article 9 / Section 831
8-831 Parent's blindness; burden of proof; specific written findings; definitions
Status: in_force

8-831. Parent's blindness; burden of proof; specific written findings; definitions

A. A court may not do either of the following:

1. Authorize the removal of a child from the child's home based on the blindness of the child's parent, if it is otherwise in the best interests of the child to remain in the child's home.

2. Refuse to allow the visitation by or reunification of a parent with a child based on the blindness of the parent, if the visitation or reunification is otherwise in the best interests of the child.

B. If a parent's blindness is alleged to have a detrimental impact on a child, the party who raises the allegation has the burden of proving by clear and convincing evidence that the parent's behavior endangers or is likely to endanger the health, safety or welfare of the child.

C. If the court grants removal of the child or denies or limits the parent's visitation or reunification with the child, the court shall make specific written findings that state the basis of the removal, denial or limitation.

D. For the purposes of this section:

1. "Blindness" means having either of the following:

(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

2. "Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.
A.R.S. § 8-131 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 131
8-131 Exemption of division from licensure; compliance with standards
Status: in_force

8-131. Exemption of division from licensure; compliance with standards

The division is not required to be licensed but the division shall comply with the provisions of this article and with the standards required by the division for licensed adoption agencies.
A.R.S. § 8-463 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 463
8-463 Department of child safety employees; employees of contractors; fingerprint requirement
Status: in_force

8-463. Department of child safety employees; employees of contractors; fingerprint requirement

A. Each employee of the department who has contact with children or who is employed in an information technology position shall have a valid fingerprint clearance card issued pursuant to section 41-1758.07 or provide to the department documentation of the person's application for a fingerprint clearance card.  The employee shall certify on forms that are provided by the department and that are notarized that the employee is not awaiting trial on or has never been convicted of or admitted in open court or pursuant to a plea agreement to committing any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

B. The department may not disclose information obtained pursuant to this section except to members of the department's staff solely for employment purposes.

C. An employee of a contractor or subcontractor who is employed in an information technology position and who will have access to department information as part of the employee's job duties must meet the requirements of subsection A of this section. An employee of a contractor or subcontractor in an information technology position may not have access to department information until the employee meets the requirements of subsection A of this section. If such an employee fails to obtain a fingerprint clearance card, the employee shall immediately be denied access to any department information technology system.  The contractor or subcontractor is responsible for the costs of obtaining the employee's fingerprint clearance card and may charge these costs to the fingerprinted employee.  The department may allow all or part of the costs to obtain a fingerprint clearance card to be included as an allowable cost in a contract.
A.R.S. § 8-419 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 419
8-419 Victim reconciliation services
Status: in_force

8-419. Victim reconciliation services

The presiding judge of the juvenile court in each county may establish and provide voluntary victim reconciliation and restitution services to assist victims of juvenile crimes.
A.R.S. § 8-1195 — Arizona Code / Title 8 / Chapter 13 / Article 5 / Section 1195
8-1195 Executive director compensation; duties; regional and board staff; central office; expenditure of funds
Status: in_force

8-1195. Executive director compensation; duties; regional and board staff; central office; expenditure of funds

(Caution:  1998 Prop. 105 applies)

A. The board shall appoint and set the compensation of the executive director.

B. The executive director is responsible for managing, administering and supervising the activities of the board's staff, including regional directors and staff hired pursuant to section 8-1163.

C. The executive director shall appoint and set the compensation of:

1. Regional directors and staff as authorized by the board pursuant to section 8-1163.

2. Additional board staff necessary to perform the duties specified by this chapter.

D. The executive director, regional directors, regional staff and other board staff are eligible to receive compensation pursuant to section 38-611 and are public employees for purposes of title 38.  Their compensation may only be paid from the administrative costs account established by section 8-1181.

E. The executive director shall establish, equip and maintain a central office and such field offices as the executive director deems necessary.

F. The executive director or his designee shall authorize all expenditures of money under this chapter, which shall be paid as other claims against this state out of the early childhood development and health fund established by section 8-1181.
A.R.S. § 8-381 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 381
8-381 Applicability
Status: in_force

8-381. Applicability

This article applies to acts that are committed by a juvenile and that if committed by an adult would be either:

1. A misdemeanor offense.

2. A felony offense.

3. A petty offense.

4. A violation of a local criminal ordinance.
A.R.S. § 8-271 — Arizona Code / Title 8 / Chapter 2 / Article 6 / Section 271
8-271 Definitions
Status: in_force

8-271. Definitions

In this article, unless the context otherwise requires:

1. "Dually adjudicated child" means a child who is found to be dependent or temporarily subject to court jurisdiction pending an adjudication of a dependency petition and who is alleged or found to have committed a delinquent or incorrigible act.

2. "Entity" means the department of child safety, the department of juvenile corrections or a child welfare agency that has been granted legal care, custody and control of a child by order of the juvenile court and that is responsible for securing inpatient psychiatric acute care services or residential treatment services for a child.  Entity includes a probation department or juvenile detention center that either recommends or is ordered by the court to provide inpatient psychiatric acute care services or residential treatment services for a child.

3. "Inpatient assessment" includes all of the following:

(a) The observation of a child's behavior while the child is in an inpatient assessment facility.

(b) Psychological or psychiatric testing, if indicated.

(c) A determination as to whether a child needs inpatient psychiatric acute care services and whether inpatient psychiatric acute care services are the least restrictive available alternative.

(d) The administration of psychotropic medication and medication monitoring, if necessary to complete the assessment or to prevent the child from being a danger to self or others.

(e) A written report that summarizes the results of an inpatient assessment, including specific recommendations for follow-up care.

(f) A psychiatric or psychological assessment, including a clinical interview with a child.

(g) An explanation to a child of the least restrictive alternatives available to meet the child's mental health needs.

(h) A determination as to whether the child may be suffering from a mental disorder, is a danger to self or others or is a child with a persistent or acute disability or grave disability, as defined in section 36-501.

(i) A review of a child's medical, social and psychological records, if available.

4. "Level one behavioral health facility" means a behavioral health service agency that is licensed by the department of health services and that provides a structured treatment setting with twenty-four hour a day supervision and an intensive treatment program.

5. "Outpatient assessment" includes all of the following:

(a) A psychiatric or psychological assessment, including a clinical interview with a child.

(b) An explanation to a child of the least restrictive alternatives available to meet the child's mental health needs if determined at the time of the assessment.

(c) A determination as to whether the child may be suffering from a mental disorder, is a danger to self or others or is a child with a persistent or acute disability or grave disability.

(d) A review of a child's medical, social and psychological records, if available.

(e) A determination as to whether the child needs an inpatient assessment or inpatient psychiatric acute care services and whether an inpatient assessment or inpatient psychiatric acute care services are the least restrictive available alternative.

6. "Physician" means a person who is licensed pursuant to title 32, chapter 13 or 17.

7. "Psychiatric acute care facility" or "inpatient assessment facility" means a facility that is licensed by the department of health services as a level one behavioral health facility and that provides psychiatric acute care services.

8. "Psychiatric acute care services" means any of the following:

(a) Emergency or crisis behavioral health services.

(b) Psychiatric and psychological assessments and short-term intensive behavioral health counseling and treatment for acute episodes or mental disorders.

(c) Medication stabilization and twenty-four hour a day nursing care for a child who suffers from acute psychiatric or mental disorders or who needs to have a chronic mental illness stabilized.

9. "Psychiatrist" means a person who is licensed pursuant to title 32, chapter 13 or 17.

10. "Psychologist" means a person who is licensed pursuant to title 32, chapter 19.1.

11. "Residential treatment services" means services, other than psychiatric acute care services, that are provided by a level one behavioral health facility.
A.R.S. § 8-530 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 530
8-530 Foster parents and kinship foster care parents; rights
Status: in_force

8-530. Foster parents and kinship foster care parents; rights

A. A foster parent or kinship foster care parent in this state has the following rights:

1. To be treated with consideration and respect for the foster parent or kinship foster care parent's personal dignity and privacy.

2. To be included as a valued member of the team that provides services to the foster child, including participation in meetings that involve the child's service team.

3. To receive support services that assist the foster parent or kinship foster care parent to care for the child in the foster home, including open and timely responses from agency personnel.

4. To be informed of all information regarding the child that will impact the foster home or family life during the care of the foster child.

5. To contribute to the permanency plan for the child in the foster home.

6. To have placement information kept confidential when it is necessary to protect the foster parent or kinship foster care parent and the members of the foster parent's or kinship foster care parent's household.

7. To be assisted in dealing with family loss and separation when a child leaves the foster home.

8. To be informed of all agency policies and procedures that relate to the foster parent's or kinship foster care parent's role as a foster parent or kinship foster care parent.

9. To receive training that will enhance the foster parent's or kinship foster care parent's skills and ability to cope as a foster parent or kinship foster care parent.

10. To report a violation of the rights specified in this section without fear of punishment, interference, coercion or retaliation.

11. To be able to receive services and reach personnel on a twenty-four hour, seven days per week basis.

12. To be granted a reasonable plan for respite from the role of foster parent or kinship foster care parent.

13. To confidentiality regarding issues that arise in the foster home.

14. To not be discriminated against on the basis of religion, race, color, creed, sex, national origin, age or physical disability.

15. To receive an evaluation on the foster parent's or kinship foster care parent's performance.

16. To be notified of a child returning to foster care pursuant to section 8-530.01 or when a child who is currently placed in foster care or kinship foster care becomes available for adoption.

B. The department shall provide information regarding a foster parent's or kinship foster care parent's rights pursuant to this section and assistance in understanding and enforcing these rights to each foster parent and kinship foster care parent when a child is placed in a foster parent's or kinship foster care parent's care or when there is a change in the child's foster care or kinship foster care plan. The information shall include the telephone number and email address of the department, the department's office of the ombudsman and the ombudsman-citizens aide.

C. If a foster parent or kinship foster care parent believes that the person's rights under this section have been violated, the foster parent or kinship foster care parent or the foster parent's or kinship foster care parent's representative may file a complaint with the department, the department's office of the ombudsman or the ombudsman-citizens aide pursuant to section 41-1376. A formal grievance may be initiated with the ombudsman at any time.  If a foster parent or kinship foster care parent or a foster parent's or kinship foster care parent's representative files a complaint pursuant to this subsection, the person may also notify the juvenile court and all parties to the child's ongoing dependency, severance or adoption proceeding orally or in writing of the complaint.

D. The rights provided in this section do not establish an independent cause of action.
A.R.S. § 8-469.01 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 469.01
8-469.01 Child welfare agencies; group foster homes; proposed rate increases; expenditure review
Status: in_force

8-469.01. Child welfare agencies; group foster homes; proposed rate increases; expenditure review

Before the department increases the child placement rate for a child welfare agency or group foster home, the department shall submit the proposed child placement rate increase to the joint legislative budget committee for review. The department shall submit the proposed increase in the child placement rate to the joint legislative budget committee at least ninety days before the proposed child placement rate increase is to take effect.
A.R.S. § 8-515.04 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 515.04
8-515.04 State foster care review board; members; personnel; training programs; annual report; compensation
Status: in_force

8-515.04. State foster care review board; members; personnel; training programs; annual report; compensation

A. The state foster care review board is established within the supreme court consisting of three persons who have knowledge of the problems of foster care and who are appointed by the supreme court and of the members of the local foster care review boards who are appointed by the presiding judge of the juvenile court. In counties having only one foster care review board, the judge shall appoint one member. In counties having more than one foster care review board, the presiding judge of the juvenile court shall appoint to the state board only one member for every ten boards except that not more than six members may be appointed from any county. Members of the state board who are local board members shall serve terms that are coterminous with their terms as members of local review boards.  Members who are appointed by the supreme court shall serve terms that are not less than two years, nor more than five years.

B. The state foster care review board shall select a chairperson and a vice chairperson and any other officers it deems necessary.

C. The state foster care review board shall meet not less than twice annually and more frequently on the call of the chairperson or as the board determines.  The supreme court may adopt reasonable rules relating to the functions and procedures of the local boards and the state board in accordance with the duties of the boards as provided in this article. The state board shall review and coordinate the activities of the local boards.

D. The supreme court shall employ a coordinator and other personnel it deems necessary to carry out the duties of the state foster care review board and the local boards. Compensation for all personnel shall be determined pursuant to section 38-611.

E. The state foster care review board shall establish training programs for local board members, which shall include periodic in-service training.

F. On or before November 1 of each year, the state foster care review board shall submit a report to the governor, the president of the senate, the speaker of the house of representatives and the chairpersons of the senate and house of representatives health and human services committees, or their successor committees, and shall provide a copy of this report to the secretary of state. The annual report shall contain all of the following information:

1. The number of times the state board failed to submit state board reports to the juvenile court within a time frame that allows sufficient time for judicial review before a dependency hearing.

2. The state board's progress in facilitating and increasing parent and foster parent attendance at local board reviews.

3. The number of times the state board failed to timely and accurately enter data about child dependency cases and local board reviews into the state board data system.

G. State foster care review board members shall be compensated as determined pursuant to title 38, chapter 4, article 2.
A.R.S. § 8-505 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 505
8-505 Issuance of licenses; application; investigation; renewal; public information
Status: in_force

8-505. Issuance of licenses; application; investigation; renewal; public information

A. The issuance of initial and renewal licenses for child welfare agencies shall be made by the division.

B. A child welfare agency shall not receive any child for care or maintenance or for placement in a foster home unless the agency is licensed by the division. Application for a license shall be made on a form prescribed by the division.

C. Before issuing a license to an agency, the division shall investigate the activities and standards of care of the agency, its financial stability, the character and training of the applicant, the need for the agency and the adequacy of its intended services to insure the welfare of children. A provisional license may be issued to any agency whose services are needed but that is temporarily unable to conform to the established standards of care. If the applicant meets the standards established by the division, a regular license shall be issued for a period of one year.

D. Each license shall state in general terms the kind of child welfare service the licensee is authorized to undertake, the number of children that can be received if the licensee is a private agency, their ages and sex, and, if authorized to place and supervise children in foster homes, the geographical area the agency is equipped to serve.

E. Every license shall expire one year from the date of issuance, and may be renewed annually on application of the agency, except that provisional licenses may be issued for not more than six months from the date of issuance and may not be renewed.

F. Financial statements that are prepared by a child welfare agency as part of the licensing process pursuant to this section are public records and are subject to disclosure pursuant to section 39-121.01.
A.R.S. § 8-134 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 134
8-134 Confidential intermediary
Status: in_force

8-134. Confidential intermediary

A. Any of the following persons may use the services of a confidential intermediary who is listed with the court:

1. The adoptive parents of an adoptee who is at least eighteen years of age or, if the adoptive parents are deceased, the adoptee's guardian.

2. An adoptee if the adoptee is at least eighteen years of age.

3. If an adoptee is deceased, the adoptee's spouse if the spouse is the legal parent or guardian of any child of the adoptee.

4. If an adoptee is deceased, any progeny of the adoptee who is at least eighteen years of age.

5. Either of the birth parents of an adoptee.

6. The biological grandparent of the adoptee or other members of the adoptee's extended biological family.

7. A biological sibling of the adoptee if the sibling is at least eighteen years of age.

B. An adoption agency licensed by this state, the division or an individual who meets the requirements adopted pursuant to subsections I and J of this section may serve as a confidential intermediary.

C. Notwithstanding sections 8-120 and 8-121, a confidential intermediary may inspect documents compiled pursuant to this article. Documents include the court records, division records, agency records and maternity home records. The confidential intermediary shall keep confidential all information obtained during the course of the investigation. The intermediary shall use confidential information only to arrange a contact or share information between the person who initiates the search and the person who is the subject of the search. A confidential intermediary shall review the court record before making any contact with an adoptee to determine if an affidavit has been filed pursuant to subsection E of this section.  Except as provided pursuant to subsection A, paragraphs 1, 2, 4 and 7 and subsection G of this section, a confidential intermediary shall not contact persons under twenty-one years of age.

D. The confidential intermediary shall obtain written consent from the person who initiated the search and the person who is the subject of the search before arranging for the sharing of identifying information or a contact between them. If the confidential intermediary discovers the subject of the search is deceased or that the identity of the birth father was unknown to or not revealed by the birth mother, the confidential intermediary shall share this information with the person initiating the search. If the confidential intermediary, after a diligent effort, is unable to locate the subject of the search to obtain written consent to share information, the confidential intermediary shall share this information with the person initiating the search and prepare and place with the compiled documents a written report describing search efforts.  If the person who initiated the search petitions the court to release identifying information, the court shall review the report prepared by the confidential intermediary and shall decide if the information may be released and in what manner the information may be released if the court determines there is good cause.

E. An adoptive parent who has not informed an adoptee that the adoptee was adopted may file an affidavit so stating with the court where the adoption took place.  The affidavit may be withdrawn at any time by the adoptive parent.  If an affidavit is a part of the court record, the confidential intermediary shall not make contact with the adoptee unless the adoptive parent withdraws the affidavit and grants permission in writing or the adoptee has filed an affidavit stating that the adoptee knows about the adoption and wishes to make contact with the birth parent.

F. A birth parent who has not informed the parent's biological offspring of the existence of the adoptee may file an affidavit so stating with the court where the adoption took place. The affidavit may be withdrawn at any time by the birth parent.  If an affidavit is a part of the court record, the confidential intermediary shall not make contact with the biological sibling unless the birth parent withdraws the affidavit and grants permission in writing or the biological sibling has filed an affidavit stating that the biological sibling knows about the adoptee and wishes to make contact with the adoptee.

G. On receipt of a written statement from a physician or a registered nurse practitioner that explains in detail how a health condition may seriously affect the health of the adoptee or a direct descendant of the adoptee, the court shall order the confidential intermediary program to appoint a confidential intermediary. The confidential intermediary shall make a diligent effort to notify an adoptee who has attained eighteen years of age, an adoptive parent or guardian of an adoptee who has not attained eighteen years of age or a direct descendant of a deceased adoptee that the nonidentifying information is available and shall be provided on written request.

H. On receipt of a written statement from a physician or a registered nurse practitioner that explains in detail why a serious health condition of the adoptee or a direct descendant of the adoptee should be communicated to the birth parent or biological sibling to enable the birth parent or biological sibling to make an informed medical decision, the court shall order the confidential intermediary program to appoint a confidential intermediary.  The confidential intermediary shall make a diligent effort to notify those individuals that the nonidentifying information is available and shall be provided on written request.

I. The Arizona supreme court shall administer the confidential intermediary program.  The court shall adopt rules and procedures necessary to implement the program, including qualifications, required fees, minimum standards for certification, training and standards of conduct of confidential intermediaries, and shall establish the fees that may be charged by a confidential intermediary.

J. A person shall not act as a confidential intermediary unless the person possesses a confidential intermediary certificate issued by the supreme court.  In order to be certified as a confidential intermediary a person shall meet and maintain the minimum standards prescribed by this section and the rules adopted by the supreme court.

K. In carrying out the provisions of this section the supreme court shall require applicants for a confidential intermediary certificate to furnish fingerprints and the supreme court shall obtain criminal history record information pursuant to section 41-1750. The applicant for certification shall pay a fee to the department of public safety to reimburse the department of public safety for the cost of obtaining the applicant's criminal history record information required by this section.  The fee shall not exceed the actual cost of obtaining the applicant's criminal history record information.

L. The actual and reasonable cost to the agency, division or court of providing information pursuant to the confidential intermediary program shall be paid by the person requesting the services of a confidential intermediary. If the juvenile court of a county is supplying the information, the actual and reasonable costs shall be paid to the clerk of the court of that county who shall transmit the monies to the county treasurer of that county for deposit in the juvenile probation services fund to be utilized by the juvenile court of that county for reimbursing the court for costs associated with providing information pursuant to the confidential intermediary program. If the division is supplying the information, the actual and reasonable costs shall be paid to the division. If an agency is supplying the information, the actual and reasonable costs shall be paid to the agency.
A.R.S. § 8-115 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 115
8-115 Hearing; procedure; record; evidence
Status: in_force

8-115. Hearing; procedure; record; evidence

A. The court shall hold a hearing on a petition filed pursuant to this article in as informal a manner as the requirements of due process and fairness permit. The prospective adoptive parent, the spouse of a prospective adoptive parent and the child to be adopted shall attend unless the court orders otherwise. The court shall allow persons who have a direct interest in the case, including invited guests of the adoptive family, to attend the hearing. The attendees shall not disclose the content of testimony provided at the hearing.  Nothing in this subsection restricts the ability for the juvenile court or clerk of the court to communicate relevant case information with the family court or clerk of the court.  The court may require the presence of other witnesses as it deems necessary.

B. The court shall make its findings based on a preponderance of the evidence. The court may consider any and all reports required by this article or ordered by the court pursuant to this article.
A.R.S. § 8-248 — Arizona Code / Title 8 / Chapter 2 / Article 4 / Section 248
8-248 Hearing; service providers; definition
Status: in_force

8-248. Hearing; service providers; definition

A. On motion of any party asserting that a child or parent has a statutory or contractual right to receive services from an agency or private service provider, either directly or as a third party beneficiary, a court, after giving notice and an opportunity to be heard, may order the agency or private service provider to appear at a hearing to discuss the child or parent’s service plan.

B. If the child or parent is eligible to receive behavioral health services with title XIX or XXI of the social security act monies, the court may order the agency or private service provider to provide only those behavioral health services that the agency or private service provider determines to be medically necessary covered services.

C. This section does not prohibit the agency or private service provider that has received notice of the hearing from meeting with the parent or child's representative before the hearing to coordinate services.

D. For the purposes of this section, "private service provider" means any individual or entity that receives federal, state or local government funding or reimbursement for providing services directly to a child who is adjudicated a ward of the court.
A.R.S. § 8-506.01 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 506.01
8-506.01 Denial, suspension, revocation or change of license; child welfare agency; appeal
Status: in_force

8-506.01. Denial, suspension, revocation or change of license; child welfare agency; appeal

The division may deny the application or suspend or revoke the license of any child welfare agency for the wilful violation of any provision of this article or for failure to maintain the standards of the care prescribed by the division. Written notice of the grounds of the suspension or the proposed denial or revocation or any other material change in the license status, including provisional status, shall be given to the applicant or holder of the license. Within twenty days after receipt of written notice of a proposed denial, revocation, suspension or change, the applicant or holder may request a hearing in accordance with title 41, chapter 6, article 10.  If the hearing is requested it shall be held within ten days of the request, at which time the applicant or holder has the right to subpoena witnesses, present testimony and confront witnesses.
A.R.S. § 8-234 — Arizona Code / Title 8 / Chapter 2 / Article 3 / Section 234
8-234 Treatment, community restitution, restraining and protective orders
Status: in_force

8-234. Treatment, community restitution, restraining and protective orders

A. A parent or legal guardian of a person who is under eighteen years of age shall exercise reasonable care, supervision, protection and control over the parent's or legal guardian's minor child.

B. On petition of a party or on the court's own motion, the court may make an order directing, restraining or otherwise controlling the conduct of a person if:

1. An order or disposition of a delinquent, dependent or incorrigible child has been or is about to be made in a proceeding under this chapter.

2. The court finds that such conduct is or may be detrimental or harmful to the child, will tend to defeat the execution of an order or disposition made or to be made or will assist in or is necessary for the rehabilitation of the child.

3. Notice of the petition or motion and the grounds for the petition or motion and an opportunity to be heard on the petition or motion have been given to the person against whom the order is directed.

C. The court may invoke its contempt powers pursuant to section 8-247 to enforce any treatment, counseling, education or other restraining or protective order that applies to:

1. The child, the parents or guardian of the child or any other party before the court who is the subject of an order to participate in a counseling, treatment or education program or any other restraining or protective order.

2. The legal custodians or agencies, including agency personnel, that are ordered to provide treatment or services to the child, the child's family or any party named in the dispositional order.

D. The court may not order a parent or guardian to pay the cost of any counseling, treatment or education program ordered pursuant to subsection F of this section.

E. If the court after notice and hearing finds that a person has failed to exercise reasonable care, supervision, protection and control of a minor pursuant to subsection A of this section or if the court holds a person in contempt for violating an order issued pursuant to this section, the court may immediately take one or more of the following actions:

1. Impose a fine of not more than $1,000, plus any applicable surcharges and assessments.

2. Impose a term of incarceration in jail for a period of not more than thirty days.

3. Order the parents or guardian of the child to perform community restitution with the child.

F. If the court finds that the best interests of the child would be served by participation in a diversion program, in lieu of taking any action pursuant to subsection C of this section, the court may order the parent or guardian of a child to participate in a diversion program, approved by the supreme court, that requires the parent or guardian to perform community restitution or to attend and successfully complete a program of counseling, treatment or education. If the terms and conditions of the diversion order are successfully completed, the court shall dismiss its finding against the parents. If the court finds that the terms and conditions of the diversion order were not successfully completed it may take one or more of the actions specified in subsection B of this section.

G. Before a hearing that may result in incarceration for a person who is alleged to have violated a court order under this section, the court shall advise the person that the person has the right to be represented by counsel and that the court may appoint counsel if the court finds that the person is indigent.

H. This section does not prevent a health insurer that is subject to title 20 or an Arizona health care cost containment system contractor from covering an expense that is related to the child's treatment or care.
A.R.S. § 8-382 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 382
8-382 Definitions
Status: in_force

8-382. Definitions

In this article, unless the context otherwise requires:

1. "Accused" means a juvenile who is referred to juvenile court for committing a delinquent act.

2. "Appellate proceeding" means any contested matter before the state court of appeals, the state supreme court, a federal court of appeals or the United States supreme court.

3. "Arrest" means the actual custodial restraint or temporary custody of a person.

4. "Court" means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency.

5. "Crime victim advocate" means a person who is employed or authorized by a public or private entity to provide counseling, treatment or other supportive assistance to crime victims.

6. "Custodial agency" means any law enforcement officer or agency, a sheriff, a county juvenile detention center, the department of juvenile corrections or a secure mental health facility that has custody of a person who is arrested or in custody for a delinquent or incorrigible offense.

7. "Delinquency proceeding" means any hearing, argument or other matter that is scheduled or held by a juvenile court judge, commissioner or hearing officer and that relates to an alleged or adjudicated delinquent offense.

8. "Delinquent" means a child who is adjudicated to have committed a delinquent act.

9. "Delinquent act" means an act to which this article applies pursuant to section 8-381.

10. "Detention hearing" means the accused's initial appearance before the court to determine release before adjudication.

11. "Final disposition" means the ultimate termination of the delinquency proceeding by a court, including dismissal, acquittal, transfer to adult court or imposition of a disposition after an adjudication for a delinquent offense.

12. "Immediate family" means a victim's spouse, parent, child, sibling, grandparent or lawful guardian.

13. "Juvenile defendant" means a juvenile against whom a petition is filed seeking to have the juvenile adjudicated delinquent.

14. "Lawful representative" means a person who is designated by the victim or appointed by the court and who will act in the best interests of the victim.

15. "Postadjudication release" means release on probation, intensive probation, work furlough, community supervision or home detention, release on conditional liberty pursuant to section 41-2818 by the department of juvenile corrections or any other permanent, conditional or temporary release from confinement, discharge or completion of commitment by the department of juvenile corrections, a sheriff, a municipal jail, a juvenile detention center, a residential treatment facility or a secure mental health facility.

16. "Postadjudication review hearing" means a hearing that is held in open court and that involves a request by the juvenile for review of a disposition.

17. "Postarrest release" means the discharge of the accused from confinement.

18. "Release" means no longer in the custody of the custodial agency and includes transfer from one custodial agency to another custodial agency.

19. "Rights" means any right granted to the victim by the laws of this state.

20. "Victim" means a person against whom the delinquent act was committed, or if the person is killed or incapacitated, the person's spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person's spouse, parent, child, grandparent, sibling, other person related to the person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused.
A.R.S. § 8-390 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 390
8-390 Notice of proceedings
Status: in_force

8-390. Notice of proceedings

A. The court shall give notice to the prosecutor's office in a timely manner of any changes in scheduled proceedings.

B. Except for detention hearings the court shall provide notice of all proceedings to the prosecutor's office at least five days before a scheduled proceeding.

C. If the court finds that it is not reasonable to provide the five days' notice to the prosecutor's office pursuant to subsection B, the court shall state in the record why it was not reasonable to provide five days' notice.

D. On receiving the notice from the court, the prosecutor's office shall, on request, provide notice to the victim in a timely manner of scheduled proceedings, any changes in the schedule and that a predisposition or disposition proceeding may occur immediately following adjudication.
A.R.S. § 8-512.01 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 512.01
8-512.01 Behavioral health services; urgent need; dependent and adopted children; definition
Status: in_force

8-512.01. Behavioral health services; urgent need; dependent and adopted children; definition

A. If a dependent child who is in the legal custody of the department of child safety is placed in an out-of-home placement, the out-of-home placement shall receive immediately on placement of the child from the department an updated complete placement packet, contact information for the child's caseworker, the child's regional behavioral health authority designated point of contact, the telephone number to the Arizona health care cost containment system's customer service line, a list of Arizona health care cost containment system registered providers and information regarding the out-of-home placement's rights, if applicable, under this section.

B. If the out-of-home placement of a dependent child who is in the legal custody of the department of child safety or the adoptive parent of a child who is eligible under title XIX or XXI of the social security act identifies an urgent need for the child to receive behavioral health services, the out-of-home placement or adoptive parent may directly contact a regional behavioral health authority for a screening and evaluation of the child. The regional behavioral health authority shall dispatch an assessment team within seventy-two hours after being notified that the child has entered care in an out-of-home placement or within two hours after being notified that the child has an urgent need.  The regional behavioral health authority shall provide an initial evaluation of the child within seven calendar days after a referral or request for services. If after the screening and evaluation it is determined that the child is in need of behavioral health services, the regional behavioral health authority shall provide an initial behavioral health appointment for the child within twenty-one calendar days after the initial evaluation.

C. On completion of the initial evaluation, the out-of-home placement or adoptive parent:

1. Shall call the regional behavioral health authority designated point of contact and the Arizona health care cost containment system's customer service line if services are not received within twenty-one days to document the failure to receive the service.

2. May access services directly from any Arizona health care cost containment system registered provider regardless of whether the provider is contracted with the regional behavioral health authority.  If the provider is not contracted with the regional behavioral health authority, the provider must submit the provider's claim to the regional behavioral health authority and accept the lesser of one hundred thirty percent of the Arizona health care cost containment system's negotiated rate or the provider's standard rate.

D. If the out-of-home placement or adoptive parent recognizes that the child is in need of crisis services and the crisis services provider in that county is not being responsive to the situation, the out-of-home placement or adoptive parent may contact the child's regional behavioral health authority designated point of contact to coordinate crisis services for the child.

E. If an out-of-home placement or adoptive parent requests the regional behavioral health authority to place a foster child or adoptive child in residential treatment because the child is displaying threatening behavior, the regional behavioral health authority shall respond to the out-of-home placement or adoptive parent within seventy-two hours after the request was made.  If the foster child or adoptive child is hospitalized due to the threatening behavior before the regional behavioral health authority responds, the regional behavioral health authority shall reimburse the hospital for all medically necessary care, including any days of the hospital stay during which the child does not meet criteria for an inpatient stay but is not discharged because the regional behavioral health authority has not authorized a safe and appropriate placement for the child outside of the hospital.

F. If a foster child moves into a different county because of the location of the child's out-of-home placement, the child's out-of-home placement may choose to have the child continue any current treatment in the previous county.  The out-of-home placement may seek any new or additional treatment for the child in the out-of-home placement's county of residence.

G. The Arizona health care cost containment system administration shall track and report annually the number of times the regional behavioral health authority coordinated crisis services because a crisis services provider was unresponsive, the number of times services were not provided within the twenty-one-day time frame, the amount of services accessed directly by an out-of-home placement or adoptive parents that were provided by noncontracted providers, the list of providers that were formerly contracted with the regional behavioral health authority but that terminated the contract and provided services pursuant to this section for one hundred thirty percent of the Arizona health care cost containment system's negotiated rate and the amount the administration spent on services pursuant to this section.  On or before July 1, 2017, the administration shall complete a network adequacy study for behavioral health service providers that provide behavioral health services to children enrolled in the comprehensive medical and dental care program.

H. The Arizona health care cost containment system administration shall adopt corrective action plans, sanctions or other measures to address noncompliance by the regional behavioral health authority, including compliance with the timely payment requirements pursuant to section 36-2904.

I. For the purposes of this section, "out-of-home placement" means a foster home, kinship foster care, a shelter care provider, a receiving home or a group foster home.
A.R.S. § 8-363 — Arizona Code / Title 8 / Chapter 3 / Article 5 / Section 363
8-363 Juvenile compact administrator, compact commissioner; authority to appoint deputy compact administrator; state council
Status: in_force

8-363. Juvenile compact administrator, compact commissioner; authority to appoint deputy compact administrator; state council

Pursuant to the compact, the governor shall:

1. Designate the director of the department of juvenile corrections as the state's interstate compact commissioner and compact administrator.  The director of the department of juvenile corrections, acting as the state's interstate compact commissioner and compact administrator, has the authority to appoint and delegate duties to an interstate deputy compact administrator, including the duty to act as this state's voting representative on the interstate commission for juveniles.  The compact administrator, compact commissioner and deputy compact administrator shall cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact.

2. Create a state council and determine its membership in compliance with section 8-361, article IX.
A.R.S. § 8-548.01 — Arizona Code / Title 8 / Chapter 4 / Article 6 / Section 548.01
8-548.01 Financial responsibility
Status: in_force

8-548.01. Financial responsibility

Financial responsibility for any child placed pursuant to the provisions of the interstate compact on the placement of children shall be determined in accordance with the provisions of article V.
A.R.S. § 8-1182 — Arizona Code / Title 8 / Chapter 13 / Article 4 / Section 1182
8-1182 Acceptance of gifts and grants; acceptance of federal, state and local monies; use
Status: in_force

8-1182. Acceptance of gifts and grants; acceptance of federal, state and local monies; use

(Caution:  1998 Prop. 105 applies)

A. The board may accept and spend federal, state and local monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this chapter.

B. Federal, state, or local monies received pursuant to this section shall be deposited in the grant monies account established by section 8-1181 and shall be used in accordance with the conditions placed on those monies by the government making the grant of funds.

C. Private grants, gifts, contributions and devises shall be deposited in the private gifts account established by section 8-1181 and shall be used in accordance with the permissible conditions, if any, placed on the use of those monies by the donor.
A.R.S. § 8-249 — Arizona Code / Title 8 / Chapter 2 / Article 4 / Section 249
8-249 Restoration of civil rights; persons adjudicated delinquent
Status: in_force

8-249. Restoration of civil rights; persons adjudicated delinquent

A. A person who was adjudicated delinquent and whose period of probation has been completed may have the right to possess or carry a firearm restored by the superior court in the county where the person was adjudicated at the end of the person's term of probation.

B. A person who was adjudicated delinquent and who has been discharged from probation, on proper application, may have the right to carry or possess a firearm restored by the judge of the juvenile court in the county where the person was adjudicated delinquent or the judge's successors.  The clerk of the superior court shall process the application on the request of the person involved or the person's attorney. The clerk of the superior court shall serve a copy of the application on the county attorney.  The clerk of the superior court may not charge a filing fee for the application.

C. If the person's adjudication was for a dangerous offense under section 13-704, a serious offense as defined in section 13-706, burglary in the first degree, burglary in the second degree or arson, the person may not file for the restoration of the right to possess or carry a firearm until the person attains thirty years of age. If the person's adjudication was for any other felony offense, the person may not file for the restoration of the right to possess or carry a firearm for two years from the date of the person's discharge.
A.R.S. § 8-407 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 407
8-407 Victim's discretion; form of statement
Status: in_force

8-407. Victim's discretion; form of statement

A. The victim has discretion to exercise the victim's rights under this article to be present and be heard at a court proceeding, and the absence of the victim at the court proceeding does not preclude the court from continuing the proceeding.

B. Except as provided in subsection C of this section, a victim's right to be heard may be exercised through an oral statement, submission of a written statement or submission of a statement through audiotape or videotape or any other video or digital media that is available to the court.

C. If a person against whom a delinquent act has been committed is in custody for an offense, the person may be heard by submitting a written statement to the court.
A.R.S. § 8-203.01 — Arizona Code / Title 8 / Chapter 2 / Article 1 / Section 203.01
8-203.01 Fingerprinting juvenile probation officers; affidavit
Status: in_force

8-203.01. Fingerprinting juvenile probation officers; affidavit

A. Juvenile probation officers employed by the juvenile court shall be fingerprinted as a condition of employment. A juvenile probation officer shall submit fingerprints and the form prescribed in subsection D of this section to the chief juvenile probation officer within seven working days after the date a juvenile probation officer begins work.  Employment with the juvenile court as a juvenile probation officer is conditioned on the results of the fingerprint check.

B. Fingerprint checks shall be conducted pursuant to section 41-1750, subsection G.

C. The juvenile court shall assume the costs of fingerprint checks and may charge these costs to the fingerprinted juvenile probation officer.

D. Juvenile probation officers shall certify on forms that are provided by the juvenile court and notarized that they are not awaiting trial on and have never been convicted of or admitted committing any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

1. Sexual abuse of a minor.

2. Incest.

3. First or second degree murder.

4. Kidnapping.

5. Arson.

6. Sexual assault.

7. Sexual exploitation of a minor.

8. Contributing to the delinquency of a minor.

9. Commercial sexual exploitation of a minor.

10. Felony offenses involving distribution of marijuana, dangerous drugs or narcotic drugs.

11. Burglary.

12. Robbery.

13. A dangerous crime against children pursuant to section 13-705.

14. Child abuse.

15. Sexual conduct with a minor.

16. Molestation of a child.

E. The juvenile court shall make documented, good faith efforts to contact previous employers of juvenile probation officers to obtain information or recommendations that may be relevant to an individual's fitness for employment as a juvenile probation officer.
A.R.S. § 8-845 — Arizona Code / Title 8 / Chapter 4 / Article 10 / Section 845
8-845 Disposition hearing
Status: in_force

8-845. Disposition hearing

A. After receiving and considering the evidence on the proper disposition of the case, the court may place a dependent child in the care of the child's parents, subject to the supervision of the department. If placement with the child's parents is contrary to the child's welfare, the court may place the child as follows in accordance with the child's best interests:

1. With a grandparent or another member of the child's extended family, including a person who has a significant relationship with the child.

2. In a licensed foster home.

3. In an appropriate public or private agency licensed to care for children.

4. In a suitable school.

5. In the independent living program established pursuant to section 8-521.

6. With any adult as a permanent guardian pursuant to article 12 of this chapter.

B. In reviewing the status of the child and in determining its order of disposition, the court shall consider the health and safety of the child as a paramount concern and the following criteria:

1. The goals of the placement and the appropriateness of the case plan.

2. The services that have been offered to reunite the family.

3. If returning the child home is not likely, the efforts that have been or should be made to evaluate or plan for other permanent placement plans.

4. The efforts that have been made or should be made to place the child with the child's siblings or to provide frequent visitation or contact when placement with siblings has not been possible.

C. The court shall review the permanent plan that has been established for the child. In reviewing the status of the child, the court, insofar as possible, shall seek to reunite the family. If the court does not order reunification of the family, the court shall order a plan of adoption or another permanent plan that is in the child's best interest and that takes into consideration the placement of the child with siblings or that provides for frequent visitation or contact between siblings unless the court determines that either the placement with the siblings or the visitation or contact would be contrary to the child's or a sibling's safety or well-being. If the court finds that an aggravating circumstance described in section 8-846, subsection D, paragraph 1 exists, the department shall file a motion for termination of parental rights within ten business days after the date of the court order, unless termination of parental rights is not in the best interests of the child.

D. Notwithstanding subsection C of this section, reasonable efforts to place a child for adoption may be made concurrently with reasonable efforts to reunify the family.
A.R.S. § 8-874 — Arizona Code / Title 8 / Chapter 4 / Article 12 / Section 874
8-874 Appointment of successor permanent guardian
Status: in_force

8-874. Appointment of successor permanent guardian

A. If a permanent guardian appointed pursuant to section 8-872 is unable or unwilling to continue to serve as permanent guardian, the permanent guardian, the division or an interested party may file a motion for appointment of a successor permanent guardian.  The motion shall be verified by the person filing the motion and shall include the following:

1. The name, sex, address and date and place of birth of each child who is the subject of the motion.

2. The name and address of the permanent guardian.

3. The reason why the permanent guardian is no longer able or willing to serve as permanent guardian of the child.

4. The name and address of the proposed successor permanent guardian, if any.

B. If the motion identifies a proposed successor permanent guardian, the motion shall be accompanied by an affidavit by the proposed successor permanent guardian that states:

1. The relationship between the proposed successor permanent guardian and the child.

2. The proposed successor guardian's agreement to assume the duties and responsibilities of permanent guardian, including compliance with all court orders.

C. On the filing of a motion pursuant to subsection A of this section, the court shall:

1. Set a date for an initial guardianship review hearing within thirty days after the motion is filed.

2. Appoint an attorney for the child and appoint an attorney for the proposed successor guardian, if necessary. The court is not required to appoint an attorney for the parent of the child.

3. Enter temporary orders, which may include:

(a) Placing the child in the temporary custody of an individual or agency or the division and directing the division to provide necessary services as may be necessary for the safety and well-being of the child.

(b) Directing the division to complete a criminal records check and home study to determine the suitability of the proposed successor permanent guardian to serve as the permanent guardian of the child.

(c) Directing the division to conduct an investigation to determine whether dependency proceedings should be initiated.

D. The court shall order the person filing the motion to give notice of the hearing and to provide a copy of the motion together with the court's temporary orders to the permanent guardian, the division, the child's attorney, the child's parents and any other interested person as ordered by the court.  The person filing the motion shall provide notice by first class mail unless the court orders that notice be given by other means.  If the child is subject to the Indian child welfare act of 1978, the person filing the motion shall provide notice, pursuant to 25 United States Code section 1912, to the Indian parent, the Indian custodian and the child's tribe.  If the identity or location of the Indian child's parent cannot be determined, the person filing the motion shall provide notice to the United States secretary of the interior pursuant to 25 United States Code section 1912.

E. If the child is at least twelve years of age, the court shall consider the child's objection to the proposed successor permanent guardian.

F. At the hearing, if the court finds that the proposed successor permanent guardian is suitable to assume the responsibilities of permanent guardian and that appointment would be in the child's best interests, the court shall grant the motion, terminate the appointment of the current permanent guardian and enter any other orders as may be necessary for the safety and well-being of the child, including:

1. Appointing the proposed successor permanent guardian as a provisional permanent guardian of the child for a period not to exceed nine months and setting a hearing to determine whether the appointment should be made permanent.

2. Appointing the proposed successor permanent guardian as permanent guardian of the child if the court finds by clear and convincing evidence that the proposed successor permanent guardian is suitable to serve as the child's permanent guardian and that the appointment would be in the child's best interests.

3. Directing the division to monitor the placement during the period of provisional appointment and to provide necessary services to support the provisional placement, including assisting the provisional permanent guardian to make an application for guardianship subsidy and other available benefits.

G. If the court enters an order appointing a successor permanent guardian, the court shall set a review hearing within one year after the appointment and may order the division or an agency to conduct an investigation and submit a written report before the hearing.

H. A successor permanent guardian is vested with all of the rights and responsibilities prescribed in section 14-5209 relating to the powers and duties of a guardian of a minor, other than those rights and responsibilities of a birth or adoptive parent prescribed in the order appointing the successor permanent guardian.

I. The order appointing the successor permanent guardian may provide for contact between the child and the natural or adoptive parents, siblings and other relatives or kin if contact is in the child's best interests.  The court may order the parent to contribute to the support of the child and to pay any costs for visitation to the extent it finds the parent able to contribute.

J. If the motion to appoint a successor permanent guardian does not comply with this section, or if the court does not appoint a provisional or permanent successor permanent guardian, the court may order the department or the child's attorney to file a dependency petition regarding the child and may enter temporary orders that are necessary for the safety and well-being of the child.  In these cases, the court may direct the department not to provide reunification services to the child's parent unless the court finds by clear and convincing evidence that there has been a significant change of circumstances that indicates that the parent may be able to care for the child and that reunification services for the parent would be in the child's best interests.  The court shall set a hearing to make this determination if, after receiving notice, the parent meets both of the following:

1. Is willing to care for the child.

2. Makes a written or oral request to the court to participate in reunification services at the parent's initial appearance.

K. The court may order that the case plan of guardianship remain in place even though no successor guardian has been identified if the court has ordered that no reunification services be provided to the child's parent.
A.R.S. § 8-358 — Arizona Code / Title 8 / Chapter 3 / Article 4 / Section 358
8-358 Juvenile intensive probation guidelines; report
Status: in_force

8-358. Juvenile intensive probation guidelines; report

A. The supreme court shall establish juvenile intensive probation guidelines. In establishing these guidelines, the supreme court shall ensure that both:

1. Juveniles who are granted intensive probation meet the requirements of section 8-352.

2. Based on the nature of the offense and the delinquent history of the juvenile, there are reasonable grounds to believe that the juvenile is able to remain at liberty without posing a substantial risk to the community.

B. The supreme court shall annually submit a report stating the number of juveniles supervised on intensive probation during the prior year, the nature of the offense and the delinquent history of each of these juveniles to the governor, the speaker of the house of representatives and the president of the senate at the time of its annual budget request and shall provide a copy of this report to the secretary of state. Beginning July 1, 2011, the report shall be submitted electronically.

C. The supreme court shall contract for an evaluation to determine if the provisions of this article reduce the number of serious repetitive offenses committed by juveniles on intensive probation supervision, shall submit the results of the study to the governor, the speaker of the house of representatives and the president of the senate and shall provide a copy of this study to the secretary of state.
A.R.S. § 8-530.03 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 530.03
8-530.03 Child placement; time limits
Status: in_force

8-530.03. Child placement; time limits

A. All parties, counsel and the court shall adhere to the procedural time limits established pursuant to this chapter.

B. Procedural time limits established pursuant to this chapter may not be waived, extended or continued unless it is necessary for the full, fair and proper presentation of evidence.  A continuance of a procedural time limit may not be granted if the delay is not in the best interest of the child.

C. A continuance beyond thirty days shall be granted only on a finding of extraordinary circumstances. Extraordinary circumstances include acts or omissions that are unforeseen or unavoidable.

D. A party requesting a continuance of more than thirty days shall file a motion for an extension of time setting forth the reasons why extraordinary circumstances exist.  The motion shall be filed within five days of the discovery of the extraordinary circumstance. The court's finding of extraordinary circumstances shall be in writing and shall set forth the factual basis for the continuance.

E. The court may not extend the procedural time limit prescribed by section 8-537 for a total period of more than sixty days unless the court makes a written finding that substantial evidence exists that the additional time is in the best interest of the child.

F. On motion of a party or the court, if it is determined that an extension of procedural time limits was due to a party's disclosure violation or lack of due diligence, the court may impose sanctions on that party.
A.R.S. § 8-861 — Arizona Code / Title 8 / Chapter 4 / Article 11 / Section 861
8-861 Return of child
Status: in_force

8-861. Return of child

After the temporary custody hearing, on request of a parent or guardian the court shall order that the child be returned to the child's parent or guardian if the court finds by a preponderance of the evidence that the return of the child would not create a substantial risk of harm to the child's physical, mental or emotional health or safety.  The court shall consider the failure of the parent or guardian to comply with the terms of the case plan as evidence that return of the child would create a substantial risk of harm to the child.
A.R.S. § 8-548.05 — Arizona Code / Title 8 / Chapter 4 / Article 6 / Section 548.05
8-548.05 Visitation, inspection and supervision
Status: in_force

8-548.05. Visitation, inspection and supervision

Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under sections 8-501, 8-503 through 8-520 and 8-813 shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state as contemplated by paragraph (b) of article V of the interstate compact on the placement of children.
A.R.S. § 8-237 — Arizona Code / Title 8 / Chapter 2 / Article 3 / Section 237
8-237 Statement or conduct of minor; hearsay exception
Status: in_force

8-237. Statement or conduct of minor; hearsay exception

The out-of-court statements or nonverbal conduct of a minor regarding acts of abuse or neglect perpetrated on the minor are admissible for all purposes in any adoption, dependency, termination of parental rights or guardianship proceeding under this title if the time, content and circumstances of such a statement or nonverbal conduct provide sufficient indication of its reliability.
A.R.S. § 8-354 — Arizona Code / Title 8 / Chapter 3 / Article 4 / Section 354
8-354 Modification of supervision
Status: in_force

8-354. Modification of supervision

A. The juvenile probation officer shall periodically examine the needs of each juvenile who is granted intensive probation and the risks of modifying the level of supervision of the juvenile. The juvenile probation officer may modify the juvenile's level of intensive probation. The court may at any time modify the placement or the level of supervision of a juvenile who is granted intensive probation.

B. The court may issue a warrant for the arrest of a juvenile who is granted intensive probation. If the juvenile commits an additional offense or violates a condition, the court may revoke intensive probation at any time before the expiration or termination of the period of intensive probation and hold disposition of the juvenile in accordance with section 8-341. If the court finds that a juvenile has committed an additional felony offense that posed a serious threat to or danger to the community or has violated a condition of intensive probation that poses a serious threat to or danger to the community, the court shall revoke intensive probation and hold disposition of the juvenile pursuant to section 8-341.
A.R.S. § 8-127 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 127
8-127 Services of county attorney; exception
Status: in_force

8-127. Services of county attorney; exception

A. The county attorney of the county in which the prospective adoptive parent resides or, if applicable, the county where the child is a ward of the court, on application of the person or persons seeking adoption, shall prepare the adoption petition and act as attorney without expense to the prospective adoptive parent. The county attorney may also prepare a petition to terminate the parent-child relationship pursuant to chapter 4, article 5 of this title and act as attorney without expense to the prospective adoptive parent.  If an adoption is made through an adoption agency licensed pursuant to this title, the agency shall prepare the petition for adoption and shall submit it to the county attorney. If either petition is contested the county attorney, with the consent of the court, may withdraw from further representation of any party to the proceeding and the prospective adoptive parent shall employ counsel.

B. Notwithstanding subsection A of this section, the county attorney:

1. Shall not prepare a petition or act as the attorney for a prospective adoptive parent seeking adoption pursuant to title 14, chapter 8.

2. Is not required to act as an attorney for the prospective adoptive parent concerning the enforcement or modification of an agreement entered into pursuant to section 8-116.01.
A.R.S. § 8-104 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 104
8-104 Venue
Status: in_force

8-104. Venue

A petitioner may begin adoption proceedings in the court in the county where the prospective adoptive parent resides or, if applicable, in the county where the child is a ward.