As amended through December 3, 2024
Rule 328 - Petition, Temporary Orders and Findings, Notice of Preliminary Protective Hearing, Amended Petition(a)Form and Content of a Petition.(1)Generally. A dependency petition invokes the authority of the court to act on behalf of a child who is alleged to be a dependent child.(2)Verification. A petition must be verified and contain a concise statement of facts to support the conclusion that the child is dependent.(3)Form. A petition must include the information described in A.R.S. § 8-841(B) and (C).(4)Caption. The petition must be captioned, "In the Matter of __________, a person under the age of 18 years." A petition seeking in-home intervention must include in the caption the words "In-home intervention requested" in parentheses below the words "Dependency Petition." (b)Temporary Orders and Findings. If the petition establishes that the best interests of the child require immediate action, the court may enter an order that makes the child a temporary ward of the court and may enter orders that address the physical custody of the child pending the preliminary protective hearing. The court also may enter temporary orders as necessary for the child's safety and welfare and must make determinations required by Rule 325 and other findings required by law.(c)Setting a Preliminary Protective Hearing. The court must set a preliminary protective hearing no fewer than 5 days or more than 7 days after the child is taken into custody, excluding weekends and holidays. If clearly necessary to prevent abuse or neglect, to preserve the rights of a party, or for other good cause, the court may grant one continuance that does not exceed 5 days.(d)Notice of the Preliminary Protective Hearing. In addition to information required by A.R.S. § 8-841(E), a notice of hearing must inform the parent: (1) that a failure to appear at the preliminary protective hearing without good cause may result in a finding that the parent has waived the parent's legal rights and is deemed to have admitted the allegations in the petition;(2) that the hearing may proceed in the absence of the parent and may result in an adjudication of dependency, the termination of parental rights, or the establishment of a permanent guardianship; and(3) of the right to request that the hearing be closed to the public.(e)Amended Petition. At least 30 days before trial, the petitioner may move for a court order permitting amendments to a petition. The petitioner must show good cause if the request is made fewer than 30 days before trial. Leave to amend must be freely given when justice requires. The motion must include the proposed amended petition. An amended petition must be served under Rule 106.Adopted Dec. 8, 2021, effective 7/1/2022.