Rule 329 - Service of the Dependency Petition, Temporary Orders, and Notice of Hearing(a)Service or Acceptance of Service. Service is complete when the dependency petition, temporary orders, and a notice of the dependency hearing: (1) are provided to a parent at the preliminary protective conference or at the preliminary protective hearing;(2) when the parent signs an acceptance of service; or(3) when the assigned attorney accepts service on behalf of the parent under Rule 303(a)(3).(b)Other Methods of Service. If a parent is not served pursuant to section (a), the petitioner must serve copies of the dependency petition, temporary orders, and a notice of the dependency hearing on the parent as soon as possible after the petition is filed but no fewer than 5 days before the initial dependency hearing or the continued initial dependency hearing, or 10 days before the hearing when a parent is served by publication. Service must be made in the manner provided by Civil Rules 4(f), 4.1, or 4.2 or as otherwise provided by this rule. For dependency proceedings, Civil Rules 4(f), 4.1, and 4.2 are modified as follows: (1)No Summons. References to service of summons are inapplicable because no summons is issued.(2)Petitioner and Respondent. References to "plaintiff" mean the petitioner. References to "defendant" or "respondent" mean the parent.(3)No Written Response. No responsive pleading to the petition is required. However, a party served must appear at the time and place indicated on the notice of the dependency hearing and temporary orders served with the petition.(4)Service by Publication. A serving party is not required to file a motion for leave to serve by publication before initiating such service. At or before the publication hearing, the serving party must provide the court with an affidavit establishing reasonably diligent efforts to identify and locate the person being served and that service by publication was the best means of service practicable under the circumstances.(c)Service within Arizona. If a parent is not served pursuant to section (a), service of process on a parent within Arizona must be completed pursuant to Civil Rule 4.1(d). When warranted by the circumstances, service may also be completed under Civil Rule 4.1 sections (g), (k), or (l).(d)Service within Arizona but Outside the County. When the petitioner knows the address of a parent who resides outside the county where the petition is pending, the petitioner may serve the parent by mailing a copy of the petition, notice of hearing, and temporary order through the post office or a national courier service, with a return receipt. When the post office or national courier service has returned the signed receipt, the petitioner must file with the clerk an affidavit stating:(1) the circumstances warranting the use of service by mail;(2) that copies of the petition, notice of hearing and temporary orders were mailed to the person being served;(3) that the copies were in fact received by the person to be served as evidenced by the receipt, a copy of which must be attached to the affidavit; and(4) the date of receipt by the party being served and the date the receipt was received by the sender. The affidavit is prima facie evidence of personal service of the petition, notice of hearing, and temporary orders, and service is deemed complete from the date of receipt by the party being served, provided that such completion is no fewer than 5 days before the hearing and that the affidavit required by this section has been filed prior to or at the time of the hearing.
(e)Service Outside Arizona. Service outside the state must be completed pursuant to Civil Rule 4.2(a), (c), (f), (i), or (j).(f)Service on an Incarcerated Person. A person who is incarcerated in a jail or prison within Arizona or outside Arizona but within a judicial district of the United States may be served by mail or national courier service, with the return or confirmation of service completed by an official of the jail, prison, or correctional facility. The signature of an official of the jail, prison, or correctional facility on the return receipt or signature confirmation is sufficient proof of service on the person being served, as of the date of the signature. In addition, the petitioner must send copies of the documents being served to the inmate, and to the inmate's assigned dependency attorney, by first class mail.(g)Serving a Conservator for a Minor. If a conservator has been appointed for the child, the conservator must be served pursuant to Civil Rule 4.1.(h)Service under ICWA.(1) If the petition alleges or the court has reason to know the child at issue is an Indian child, then in addition to service of process required by these rules, the petitioner must notify the parent, Indian custodian, and child's tribe or tribes as ICWA requires. The petitioner must provide notice by registered or certified mail with a return receipt requested.(2) If the identity or location of the parent or Indian custodian cannot be determined, the petitioner must give notice to the Secretary of the Interior by certified mail with a return receipt requested. The Secretary of the Interior has 15 days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe. The notice must advise the parent or Indian custodian and the tribe of the right to intervene.(3) The court may not hold a hearing until at least 10 days after receipt of notice by the parent or Indian custodian and the tribe or the Secretary of the Interior. The court must grant up to 20 additional days to prepare for the hearing if a request is made by the parent or Indian custodian or the tribe.(i)Waiver under ICWA. The parent, Indian custodian, or the child's tribe may waive the 10-day notice requirement pursuant to ICWA and allow the preliminary protective hearing to proceed within the time limit provided by state law.Adopted Dec. 8, 2021, effective 7/1/2022.COMMENT TO 2022 AMENDMENT
The provision permitting the parent, Indian custodian, or the child's tribe to waive the 10-day notice requirement does not conflict with ICWA and reflects current practice in some counties. Inclusion of the waiver provision allows timely disposition of cases without interfering with the rights afforded the parent, Indian custodian, or the tribe under ICWA. When the preliminary protective hearing is held as an emergency hearing under ICWA § 1922 and 25 C.F.R. § 23.113 the 10-day notice requirement does not apply.