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2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-550.01 - Child abuse prevention fund; purpose; definition

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.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-801 - Definitions

8-801.
Definitions
In this article and articles 9,  10,  11,  12,  13 and 14 of this chapter,  unless the context otherwise requires:
1. " Child safety services"  means a specialized child welfare program that is administered by the department as provided in this chapter and that investigates allegations of and seeks to prevent,  intervene in and treat abuse and neglect,  to promote the well-being of the child in a permanent home and to coordinate services to strengthen the family.
2. " Child safety worker"  or " worker"  means a person who has been selected by and trained under the requirements prescribed by the department and who assists in carrying out the provisions of this article.
3. " DCS information" :
(a) Includes all information the department gathers during the course of an investigation conducted under this chapter from the time a file is opened and until it is closed.
(b) Does not include information that is contained in child welfare agency licensing records.
4. " In-home intervention"  means a program of services provided pursuant to article 14 of this chapter while the child is still in the custody of the parent,  guardian or custodian.
5. " Relative"  has the same meaning prescribed in section 8-501.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-804.01 - Maintenance of reports; records

8-804.01.
Maintenance of reports;  records
A. All reports of child abuse and neglect and related records shall be maintained in the department's case management information system in accordance with the time frames established in the department's records retention schedule.
B. In addition to the purposes prescribed in section 8-807,  reports and related records maintained pursuant to subsection A of this section shall be used by the department only for the following purposes:
1. To assess the safety and risk to a child when conducting an investigation or identification of abuse or neglect.
2. To determine placement for a child,  including determining what is the least restrictive setting.
3. To license foster homes,  to certify adoptive homes or to use in the department's employment decisions.
4. To determine the type and level of services and treatment provided to the child and the child's family.
5. To assist in a criminal investigation or prosecution of child abuse or neglect.
6. To meet state and federal reporting requirements.
C. Notwithstanding section 8-807 and except as otherwise provided by law,  reports and related records maintained pursuant to subsection A of this section shall not be used for purposes of employment or background checks,  except for background checks conducted pursuant to section 8-804,  subsection B. Only information contained in the central registry may be used to conduct background checks pursuant to section 8-804,  subsection B.
D. If probable cause exists that abuse or neglect of a child has occurred,  the department shall record this finding. The department may make this finding independent of whether a specific person is identified as responsible for the abuse or neglect.
E. If the department is unable to locate a child who is the subject of a report of abuse or neglect,  the department shall record this finding separate from its other findings.
F. Subject to the requirements of sections 8-804 and 8-811,  whenever possible,  the department shall determine if a specific person is responsible for the abuse or neglect of a child.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-805 - Immunity of participants; nonprivileged communications

8-805.
Immunity of participants;  nonprivileged communications
A. Any person making a complaint,  or providing information or otherwise participating in the program authorized by this article shall be immune from any civil or criminal liability by reason of such action,  unless such person acted with malice or unless such person has been charged with or is suspected of abusing,  abandoning or neglecting the child or children in question.
B. Except as provided in subsection C of this section,  the physician-patient privilege,  husband-wife privilege,  or any privilege except the attorney-client privilege,  provided for by professions such as the practice of social work or nursing covered by law or a code of ethics regarding practitioner-client confidences,  both as they relate to the competency of the witness and to the exclusion of confidential communications,  shall not pertain in any civil or criminal litigation in which a child's neglect,  dependency,  abuse or abandonment is in issue nor in any judicial proceeding resulting from a report submitted pursuant to this article.
C. In any civil or criminal litigation in which a child's neglect,  dependency,  abuse or abandonment is an issue,  a clergyman or priest shall not,  without his consent be examined as a witness concerning any confession made to him in his role as a clergyman or a priest in the course of the discipline enjoined by the church to which he belongs.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-808 - Parent assistance program

8-808.
Parent assistance program
A. A parent assistance program is established in the administrative office of the supreme court for the purpose of providing information to and assisting parents or guardians in understanding the process of removal of a child from the home. The administrative office of the supreme court shall establish parent assistance offices in counties having a population of four hundred thousand persons or more and shall provide twenty-four hour telephone hot line access statewide.
B. The administrative office of the supreme court shall hire and employ staff,  subject to legislative appropriation,  for purposes relating to the functions of the parent assistance program.
C. The parent assistance program shall provide the following information to parents or guardians:
1. The parents' or guardians' legal rights,  including the right to attend court or foster care review board hearings,  and the child's legal rights.
2. The means for accessing personnel who can provide information on:
(a) The well-being of the child who is removed from the home.
(b) The community resources that are available.
3. The procedures for requesting an attorney or a temporary custody hearing and the consequences of failure to make the request.
D. The administrative office of the supreme court shall maintain current statistics on the utilization of and types of calls received by the parent assistance program. The administrative office of the supreme court shall make the information available to the public on request and on the administrative office of the supreme court's website.
E. The administrative office of the supreme court shall coordinate efforts with the department to provide each parent or guardian with written notice of the services offered by the parent assistance program at the time initial contact is made with a family.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-809 - Parents' rights; information on website; rule changes

8-809.
Parents' rights;  information on website;  rule changes
A. The department shall provide on its website information on parents' rights pursuant to section 8-809.01 and other information to assist parents and guardians in understanding the process of removal of a child from the home.
B. The department shall provide on its home page a conspicuous link to the information prescribed in subsection A of this section.
C. The department shall publish on its website any final rule within ten days after the department files the final rule with the secretary of state.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-812 - Child welfare agency; nonoperating identification license; photograph

8-812.
Child welfare agency;  nonoperating identification license;  photograph
A child welfare agency that receives for care and maintenance a child who has been adjudicated dependent shall obtain within ninety days after the child is placed with the agency:
1. A nonoperating identification license issued pursuant to section 28-3165.
2. If the child does not qualify for a nonoperating identification license,  a photograph of the child.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-813 - Preplacement investigation; medical examination; disposition

8-813.
Preplacement investigation;  medical examination;  disposition
A. On the initial out-of-home placement of a child:
1. The division or a licensed child welfare agency shall conduct an investigation of the child designed to establish an appropriate plan for placement of the child.
2. The child shall receive a complete medical examination.
3. The child may receive such further diagnosis and evaluation as are necessary.
B. The department shall develop policies and procedures with public input to allow the child to maintain contact by telephone,  mail or visits with the child's parents,  family members,  friends and other relatives and any former foster parent,  unless the court determines that the contact is not in the child's best interests. Before the department allows contact it must determine that there are no court orders relating to any superior court criminal case that prohibit the parent or guardian from contact with the child.
C. Notwithstanding any law to the contrary,  before a court orders counseling,  testing or other treatment services,  it shall first determine that the proposed services are necessary and appropriate.
D. Subsequent to initial placement,  the child placed in a setting other than the child's parent's home shall have a medical examination at periodic intervals,  not less than once each year.
E. Contagious and infectious diseases shall be treated immediately at the county hospital or other appropriate medical facility.
F. If the investigation and medical examination disclose no physical,  mental or emotional reasons for special care,  and the child is not found delinquent,  the child may be placed in a regular foster home. If special care is required,  or the child has been found delinquent,  the child may be placed only in foster homes that are certified as special foster homes or such other appropriate facilities where children may be treated.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-814 - Permanent guardianship subsidy; offsets; annual review; discontinuation; appeals; definition

8-814.
Permanent guardianship subsidy;  offsets;  annual review;  discontinuation;  appeals;  definition
A. The department shall establish and administer an ongoing program of subsidized permanent guardianship. Subsidies shall be provided from monies appropriated to the department or made available to it from other sources for permanent guardianship purposes.
B. The department may provide a subsidy to an applicant on behalf of a child subject to the requirements of this section.
C. The department shall determine the appropriate amount of the subsidy,  which shall not exceed the maintenance payment allowable for an adoption subsidy pursuant to chapter 1,  article 2 of this title. The amount of the subsidy shall be offset by benefits received from other state or federal programs to which the child is entitled.
D. The department shall conduct an annual review of a subsidy to determine that the permanent guardian continues to be eligible for the subsidy and that the subsidy is for the appropriate amount.
E. A permanent guardian who is receiving a subsidy shall:
1. Cooperate with the department in the annual review process.
2. Notify the department in writing of any change:
(a) That would lead to discontinuance of the subsidy pursuant to subsection F of this section.
(b) In benefits being received from other state or federal programs to which the child is entitled within two weeks of the change.
(c) In address within two weeks of the change.
F. The department shall discontinue a subsidy if any of the following occurs:
1. The permanent guardianship terminates.
2. The child dies or does not reside with the permanent guardian.
3. The child reaches eighteen years of age,  except that the department may continue the subsidy until the child's twenty-second birthday if the child is enrolled in and regularly attending school and has not received a high school diploma or certificate of equivalency.
4. The applicant fails to comply with any requirement in this section.
G. Any decision denying,  reducing or terminating a permanent guardianship subsidy is appealable pursuant to title 41,  chapter 6 and chapter 14,  article 3.
H. For the purposes of this section,  " applicant"  means a person who is appointed as a permanent guardian pursuant to section 8-872 or as a provisional or successor permanent guardian pursuant to section 8-874 and who applies for a subsidy pursuant to this section.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-815 - Indian child welfare act; inquiry

8-815.
Indian child welfare act;  inquiry
A. At the beginning of any court proceeding held pursuant to this chapter,  the court shall inquire if any party has reason to believe that any child who is subject to the proceeding is subject to the Indian child welfare act of 1978 (P.L. 95-608;  92 Stat. 3069;  25 United States Code sections 1901 through 1963). This inquiry is not required if the court has already determined that the Indian child welfare act of 1978 applies.
B. If the child is subject to the Indian child welfare act,  the court and parties shall meet all requirements of the act that are not prescribed by this chapter.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-819 - Determination of neglect

8-819.
Determination of neglect
In determining if a child is neglected,  consideration shall be given to:
1. The drug or alcohol abuse of the child s parent,  guardian or custodian.
2. The use by the mother of a dangerous drug,  a narcotic drug or alcohol during pregnancy if the child,  at birth or within a year after birth,  is demonstrably adversely affected by this use. For the purposes of this paragraph,  " dangerous drug"  and " narcotic drug"  have the same meaning prescribed in section 13-3401.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-822 - Removal of child from home; rules and policies; approval; definition

8-822.
Removal of child from home;  rules and policies;  approval;  definition
A. The department shall adopt rules and establish clear policies and procedures,  where appropriate,  to:
1. Determine the circumstances under which it is appropriate to remove a child from the custody of the child's parents,  guardian or custodian.
2. Ensure the immediate notification of the child's parents,  guardian or custodian regarding the removal of the child from home,  school or child care and the timely interview of the child and the child's parent,  guardian or custodian.
B. The department shall apply its rules,  policies and safety assessment model prescribed in section 8-456 uniformly across this state.
C. Except as provided in subsection D of this section,  the department may not remove a child from the custody of the child's parents,  guardian or custodian unless both of the following occur before the removal:
1. The child safety worker who is recommending the removal submits the reasons for removal and supporting information to the worker's supervisor.
2. The worker's supervisor reviews the reasons and supporting information and approves the removal.
D. If an emergency exists affecting the health or safety of a child,  a child safety worker may remove the child before notifying the worker's supervisor. The child safety worker shall submit the reasons for removal and supporting information to the worker's supervisor for the supervisor's review and approval within two hours after the removal of the child or,  if the removal occurs after regular working hours,  by 8:30 a.m. the next day.
E. For the purposes of this section,  " supervisor"  includes the permanent supervisor of a child safety worker and a temporary supervisor assigned to the child safety worker in the absence of the permanent supervisor.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-825 - Court determinations in preliminary protective hearing

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.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-826 - Further hearings and proceedings

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.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-829 - Judicial determinations; timing; documentation

8-829.
Judicial determinations;  timing;  documentation
A. If a child has been removed from the child's home,  the court shall make protecting the child from abuse or neglect the first priority and shall make the following determinations within the following time periods:
1. In the court's first order that sanctions the removal,  whether continuation of the child's residence in the home would be contrary to the welfare of the child. This order may be the temporary order that the court issues on the filing of a dependency petition.
2. At the preliminary protective hearing,  whether the department made attempts to identify and assess placement with the child's grandparent or another member of the child's extended family including a person who has a significant relationship with the child.
3. Within sixty days after the child is removed from the child's home,  whether reasonable efforts have been made to prevent removal of the child or whether it was reasonable to make no efforts to prevent removal of the child.
4. If the child is not placed with a grandparent or another member of the child's extended family including a person who has a significant relationship with the child within sixty days after the child is removed from the child's home,  why such placement is not in the best interests of the child. The petitioner has the burden of presenting evidence that such placement is not in the child's best interests at the first court hearing thereafter.
5. Within twelve months after the child is removed from the child's home and once every twelve months thereafter,  whether reasonable efforts have been made to finalize the existing permanency plan.
6. If the child is under three years of age,  within six months after the child is removed from the child's home,  whether reasonable efforts have been made to provide reunification services to the parent and whether a parent of a child who is under three years of age has substantially neglected or wilfully refused to participate in reunification services offered by the department.
B. Within one hundred twenty days after the department submits a qualified young adult's signed voluntary agreement to participate in an extended foster care program pursuant to section 8-521.02,  the juvenile court shall determine whether the participation is in the qualified young adult's best interest.
C. The court shall make each determination described in subsection A or B on a case-by-case basis and shall set forth in its written order the specific factual basis for each determination. In making its determination,  the court shall consider documentation that is reasonably available at the time of the determination.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-831 - Parent's blindness; burden of proof; specific written findings; definitions

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.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-842 - Initial dependency hearing; deadlines

8-842.
Initial dependency hearing;  deadlines
A. Except as provided in section 8-826,  the court shall set the initial dependency hearing within twenty-one days after the petition is filed. If service by publication is required,  the court may set an initial dependency hearing within a time period to allow for publication pursuant to the rules of procedure for the juvenile court.
B. At the initial dependency hearing,  the court shall:
1. Determine if the parent or guardian is providing the court and the department with 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.
2. Determine that the department is conducting a due diligence search pursuant to section 8-514.07 and attempting to identify and assess placement of the child with a grandparent or another member of the child's extended family including a person who has a significant relationship with the child.
3. If the child has siblings,  determine that the department is attempting to identify and assess placement of the child with the child's siblings if this is possible and is in the child's best interests.
C. Unless the court has ordered in-home intervention,  the dependency adjudication hearing shall be completed within ninety days after service of the dependency petition.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-843 - Initial dependency hearing; rights

8-843.
Initial dependency hearing;  rights
A. At any dependency hearing,  the court's primary consideration shall be the protection of a child from abuse or neglect.
B. At the initial dependency hearing,  the court shall ensure that the parent or guardian has been advised of the following rights:
1. The right to counsel,  including appointed counsel if the parent or guardian is indigent.
2. The right to trial by the court on the allegations in the petition.
3. The right to cross-examine all witnesses that are called to testify against the parent or guardian.
4. The right to use the process of the court to compel the attendance of witnesses.
C. If the parent or guardian admits or does not contest the allegations in the petition,  the court shall determine that the parent or guardian understands the rights described in subsection B of this section and that the parent or guardian knowingly,  intelligently and voluntarily waives these rights.
D. If the parent or guardian denies the allegations in the petition,  the court shall set the settlement conference,  pretrial conference or mediation prescribed in section 8-844.
E. 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.
F. Notwithstanding any other provision of this section,  the court may stay the proceedings and order in-home intervention as provided in article 14 of this chapter.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-844 - Dependency adjudication hearing; settlement conference or mediation

8-844.
Dependency adjudication hearing;  settlement conference or mediation
A. Before a contested dependency case proceeds to adjudication,  the court shall hold a settlement conference or pretrial conference or shall order mediation. All of the parties in the contested action shall participate in the conference or mediation.
B. The court shall take into consideration as a mitigating factor the availability of reasonable services to the parent or guardian to prevent or eliminate the need for removal of the child and the effort of the parent or guardian to obtain and participate in these services.
C. If,  at the dependency adjudication hearing,  the court:
1. Finds by a preponderance of the evidence that the allegations contained in the petition are true,  the court shall:
(a) Make the following findings as to each parent:
(i) That the court has jurisdiction over the subject matter and the person before the court.
(ii) The factual basis for the dependency.
(iii) That the child is dependent.
(b) Conduct a disposition hearing.
2. Does not find by a preponderance of the evidence that the allegations contained in the petition are true,  the court shall dismiss the petition.
D. The court may adjudicate a child dependent as to one parent or guardian and proceed with a disposition,  review or permanency hearing or any other hearing as to that particular parent or guardian notwithstanding another parent's or guardian s request to contest the allegations in the petition or that another parent or guardian has not been served.
E. The court may hold the disposition hearing on the same date as the dependency adjudication hearing or at a later date that is not more than thirty days after the date of the dependency adjudication hearing.
F. If a parent does not appear at the pretrial conference,  settlement conference or dependency adjudication hearing,  the court,  after determining that the parent has been instructed as provided in section 8-826,  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 make a determination of dependency and disposition based on the record and evidence presented as provided in rules prescribed by the supreme court.
G. Evidence considered by the court in making a decision pursuant to this section shall also include any substantiated allegations of abuse or neglect committed in another jurisdiction.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-844.01 - Allegation of aggravating circumstance

8-844.01.
Allegation of aggravating circumstance
At least fifteen days before the disposition hearing,  the department shall give written notice to the court and the parties if the department intends to present evidence that an aggravating circumstance described in section 8-846,  subsection D,  paragraph 1 exists.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-845 - Disposition hearing

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.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-847 - Periodic review hearings

8-847.
Periodic review hearings
A. After the disposition hearing,  the court shall hold periodic review hearings at least once every six months as required by federal law.
B. At a proceeding to review the disposition orders of the court,  the court shall provide the following persons notice of the review and the right to participate in the proceeding:
1. The authorized agency charged with the child's care and custody.
2. Any foster parents in whose home the child resided within the last six months or resides at present,  except for those foster parents who maintain a receiving foster home where the child has resided for ten days or less. The petitioner shall provide the court with the names and addresses of all foster parents who are entitled to notice pursuant to statute.
3. A shelter care facility or receiving foster home where the child resides or has resided within the last six months for more than ten days. The petitioner shall provide the court with the names and addresses of all shelter care facilities and receiving foster homes that are entitled to notice pursuant to this paragraph.
4. The child's parent or guardian unless the parental rights of that parent or guardian have been terminated by court action or unless the parent has relinquished rights to the child to an agency or has consented to the adoption of the child as provided in section 8-107.
5. The child,  if twelve years of age or older.
6. The child's relative,  as defined in section 8-501,  if that relative files a written notice of right of participation with the court.
7. A person permitted by the court to intervene as a party in the dependency proceeding.
8. A physical custodian of the child within the preceding six months.
9. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement.
10. Any other person as the court may direct.
C. At the first periodic review hearing,  the court shall consider whether a parent of a child who is under three years of age has substantially neglected or wilfully refused to participate in reunification services offered by the department.
D. At any periodic review hearing,  the court shall consider the health and safety of the child as a paramount concern.
E. At any periodic review hearing the court shall determine:
1. Whether the department has identified and assessed placement of the child with a relative or person who has a significant relationship with the child.
2. Whether the parent or guardian has complied with the court order pursuant to section 8-824,  subsection D,  paragraph 6 or section 8-842 subsection B,  paragraph 1.
F. If the court finds that a child is no longer dependent,  before it dismisses the proceeding the court shall provide notice of the sibling information exchange program established pursuant to section 8-543 to the following:
1. An adult who is the former dependent child in the proceeding for whom the periodic review hearing is held.
2. A parent or guardian with legal custody of the former dependent child for whom the periodic review hearing is held.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-861 - Return of child

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.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-863 - Hearing to terminate parental rights; notice; grounds

8-863.
Hearing to terminate parental rights;  notice;  grounds
A. At least ten days before the initial hearing on the termination of parental rights pursuant to this article,  the party who is responsible for filing a motion pursuant to section 8-862,  subsection D shall serve the motion on all parties as prescribed in rule 5(c) of the Arizona rules of civil procedure,  including any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement.
B. The court may terminate the parental rights of a parent if the court finds by clear and convincing evidence one or more of the grounds prescribed in section 8-533.
C. If a parent does not appear at the hearing,  the court,  after determining that the parent has been served as provided in subsection A of this section,  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.
D. Sections 8-538 and 8-539 apply to orders of termination issued pursuant to this section.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-864 - Timing of motions and hearings; consolidation of hearings

8-864.
Timing of motions and hearings;  consolidation of hearings
Notwithstanding any other statute,  the court may order or permit the filing of a motion for termination or permanent guardianship before the permanency hearing is held,  consolidate hearings or provide for a different order of hearings if:
1. The permanency hearing is held no later than the time prescribed in section 8-862,  subsection A.
2. The termination hearing is held no later than the time prescribed in section 8-862,  subsection D,  paragraph 2.
3. The permanent guardianship hearing is held no later than the time prescribed in section 8-862,  subsection F,  paragraph 2.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-873 - Revocation of permanent guardianship

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.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-873.01 - Permanent guardianship dependency proceedings; reunification services

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.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-882 - Program development

8-882.
Program development
In assisting the development of community programs,  the department of child safety in partnership with the Arizona health care cost containment system as joint administrators of the program shall consider the following issues:
1. The determination of eligibility and a screening process to identify:
(a) A parent,  guardian or custodian of a child who is named in a report to the department as a victim of abuse or neglect and whose substance abuse is a significant barrier to maintaining,  preserving or reunifying the family.
(b) A person whose substance abuse is a significant barrier to maintaining or obtaining employment if the person is receiving cash assistance pursuant to title 46,  chapter 2,  article 5.
2. Training and technical assistance to be provided to communities for developing and providing the programs.
3. Collaboration among and integration with public and private agencies,  programs,  service providers,  advocates and consumers.
4. Coordination and integration of funding sources to meet prevention,  treatment and other service needs.
5. The scope of services to be provided that are family centered and that fit within the following categories:
(a) Substance abuse screening and assessment.
(b) Treatment referral.
(c) Treatment services.
(d) Aftercare.
(e) Service coordination.
(f) Other services necessary to achieve the outcome goals identified in section 8-884.
6. Procedures for sharing information to ensure the well-being of a child and the person being treated while maintaining confidentiality as otherwise prescribed by statute. These procedures shall include requirements for treatment providers to keep any court timely informed of the nature and status of treatment for a parent,  guardian or custodian of a child who is the subject of a dependency action before the court.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-883 - Requirements for contractors

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.