Ariz. Admin. Code § 21-5-411

Current through Register Vol. 30, No. 45, November 8, 2024

Section R21-5-411 - Pre-consent Conference with Birth Parents

A. The adoption entity shall have a pre-consent conference with each birth parent who must provide consent to adoption under A.R.S. § 8-106, to explain in a language and form that each birth parent can understand the following:

1. The legal and practical consequences of executing a consent, including:

a. Applicable ICWA provisions; and

b. The fact that the consent, and all other affidavits executed in connection with an adoption, are executed under penalty of perjury;

2. The irrevocability and inalterability of a consent;

3. The legal prohibition against paying the birth parent to execute a consent;

4. The fact that the birth parent has no obligation to sign the consent; and

5. The provisions of A.R S. § 8-106, regarding an affidavit of any potential father

B. The pre-consent conference shall occur:

1. No earlier than 12 hours after the birth of a child if the conference was not held before the birth under subsection (B)(2);

2. No earlier than 60 days before the anticipated due date, if the conference is held before the child's birth;

3. At least 24 hours before presenting a birth parent with the consent form for signature; and

4. At a time that takes into account the known medical and emotional condition of each available birth parent.

C. The person conducting the pre-consent conference shall provide the birth parent with a sample consent form and shall convey the information described in subsection (A) in a language and form that the birth parent can understand.

D. The person conducting the pre-consent conference shall document that the information was given and understood and shall obtain the birth parent's signature on the documentation. If the conference is by telephone under subsection (E), the person may obtain the signature through the mail at a later date. If the conference is not held, the person shall document the reason under subsection (E).

E. The pre-consent conference may be by telephone and is not required if the birth parent cannot be located or refuses to participate in the conference. The adoption entity shall document the reason why the conference did not occur.

F. If required to obtain a consent from a birth father under A.R.S.§ 8-106, the adoption entity shall, prior to obtaining the birth father's signature, advise the birth father of the matters listed in subsection (A) in a form and language the birth father can understand. The adoption entity shall include the advice listed in subsection (A) on the consent form.

Ariz. Admin. Code § R21-5-411

New section made by exempt rulemaking at 21 A.A.R. 3256, effective 1/24/2016.