As amended through December 3, 2024
Rule 330 - In-Home Intervention(a) Generally. In-home intervention allows a child to stay in the home after the filing of a dependency petition, while remaining under the supervision of DCS and the court and subject to criteria established in A.R.S. § 8-891 and subpart (b)(2) of this rule.(b)Procedure. The petitioner may request in-home intervention in the dependency petition. Regardless of whether the petitioner made the request in the dependency petition, the court may order in-home intervention if the court makes all the findings required by subpart (b)(2) of this rule.(1)Hearing. The court may consider in-home intervention at any time prior to the dependency adjudication. At a hearing when in-home intervention is considered, the court must ask whether the parent agrees to in-home intervention and to participate in services. In open court, the court must provide Form 2, request that the parent return the signed form, and note on the record that the form was provided. If the parent does not agree to in-home intervention, the court may allow the petitioner to file an amended dependency petition.(2)Findings. Before ordering in-home intervention, the court must find all the following:(A) the child has not been removed from the home pursuant to A.R.S. §§ 8-821 through 8-831;(B) in-home intervention appears likely to resolve the risk issues described in subpart (b)(2)(D);(C) the parent agrees to a case plan and participation in services; and(D) one or both of the following conditions exists:(i) the child is at risk of harm because the parent is unable or unwilling to provide food, clothing, shelter, or medical care, or(ii) the parent is unable to provide proper care, control, and supervision of the child.(3)Orders. The in-home intervention order may include a training or treatment plan for the parent and the child. The order must include a specific time for completion of in-home intervention, which may not exceed one year from the date of the filing of the petition without the court's review and approval. The petitioner must file a status report with recommendations at least two weeks before the review hearing. The court must dismiss the dependency petition if the time for completing in-home intervention has expired without a court extension or a dependency adjudication hearing has not been set.(4)Non-compliance. If the parent violates the in-home intervention order, the court may take whatever steps it deems necessary to obtain compliance, or it may rescind the order and set a dependency adjudication hearing. The court may allow the petitioner to file an amended dependency petition. If the court orders removal, the court must make the determinations required by Rule 325.Adopted Dec. 8, 2021, effective 7/1/2022.