Rule 327 - [Effective until 1/1/2025] Court Authorized Removal(a) Generally.A child safety worker, a child welfare investigator, or a peace officer (collectively referred to in this rule as "the applicant") may submit an application under oath requesting court authorization for DCS to take temporary custody of a child. The court must then determine whether to authorize DCS to take temporary custody of the child. See A.R.S. § 8-821.(b) Burden of Proof. The applicant must state specific facts showing that probable cause exists to believe:(1) court authorization for DCS to take temporary custody of the child is clearly necessary to protect the child from suffering abuse or neglect, and(2) it would be contrary to the child's welfare if the child remained in the home. If the applicant has reason to know the child is an Indian child, the applicant must also state facts that support a finding that authorization of temporary custody is necessary to prevent imminent physical damage or harm to the child, as required by 25 C.F.R. § 23.113(b)(1). The applicant also must provide the information in the application and in a dependency petition required by 25 C.F.R. § 23.113(d).
(c)Procedure.(1)Application. An applicant may request the court to authorize DCS to take temporary custody of a child by submitting the application to a judicial officer designated by the Maricopa County superior court presiding judge to receive and respond to applications under this rule. The application must state:(A) the applicant's professional qualifications;(B) the particular reasons that each child is presently or imminently in danger of abuse or neglect;(C) a detailed account of facts and circumstances that require authorization of temporary custody;(D) efforts made to determine the availability of less restrictive voluntary options, including care by a parent or relative, that effectively removes or controls the danger; and(E) the identity and description of each child for whom temporary custody authorization is sought.(2)Form. The application must be in a written format and manner approved by the Supreme Court Administrative Director. If an applicant is unable to submit a written application, the applicant may apply for authorization of temporary custody by a recorded oral statement or by other means acceptable to the court. The recorded oral statement or other means of communication must be submitted under oath and otherwise comply with this rule.(3)Evidence. Evidence in support of an application may include reliable hearsay, in whole or in part.(4)Consideration. As soon as possible after receipt of a written application or an oral statement, a designated judicial officer will consider the application ex parte. The judicial officer may question the applicant and any witnesses. Any additional information must be submitted in writing or by recorded oral statement.(d)Findings and Orders.(1)Content. An order granting an application must: (A) identify and describe each child with reasonable particularity;(B) identify the factual basis for authorizing temporary custody of each child;(C) state whether there is probable cause to believe that authorization of temporary custody of the child is clearly necessary to prevent abuse or neglect;(D) state whether remaining in the child's home is contrary to the welfare of the child as required by Rule 325(c);(E) if there is reason to know that the child an Indian child, find that authorization of temporary custody is necessary to prevent imminent physical damage or harm to the child, as required by 25 C.F.R. § 23.113(b)(1); and(F) require DCS to initiate a due diligence search under A.R.S. § 8-514.07.(2)Form. If the applicant and judicial officer are not in each other's physical presence, the judicial officer may do one of the following: (A) sign the order authorizing temporary custody using an electronic signature to serve as the original order;(B) sign an electronically transmitted version of the original order which is then deemed to be the original; or(C) orally authorize the applicant to sign the judicial officer's name on the order, after which: (i) the judicial officer must record the time and date of issuance of an orally authorized order on the original order, and(ii) the applicant must send a duplicate original order to the judicial officer who issued the order.(3)Notice. When the Temporary Custody Notice ("TCN") is provided as required by law, DCS must provide the parent or other custodian a copy of the application and the order authorizing temporary custody, unless DCS determines disclosure would cause harm under A.R.S. §§ 8-471, -807, or other provisions of state or federal law, and DCS provides notice of the order in the TCN.(4) Duration, Extension, and Expiration.(A)Duration of Order. DCS may execute the order for 10 calendar days from the date of issuance or until a material change in the factual basis for the probable cause determination, whichever comes first.(B)Inpatient Care Extension of Order. If the child who is the subject of the order is receiving inpatient care when the order is sought and there is no material change in the factual basis for the probable cause determination, DCS may execute the order until the later of 10 days from the issuance of the order or the child's discharge from inpatient care.(C)Expiration of Temporary Custody. A child must not remain in temporary custody for more than 72 hours, excluding Saturdays, Sundays and holidays, unless a dependency petition is filed. The court with dependency jurisdiction over the child will review continuation of temporary custody as provided in Rules 332 and 333.(5)Filing. The application and order must be filed if a dependency petition is filed.Added Dec. 8, 2021, effective 7/1/2022; amended August 24, 2023, effective 10/30/2023; amended December 6, 2023, effective 1/1/2024.