Rule 333 - Contested Review of Temporary Custody(a) Generally. If requested by the parent at the preliminary protective hearing, or at the initial dependency hearing if the parent was not served and did not appear for the preliminary protective hearing, the court must conduct a review of temporary physical custody of the child in an out-of-home placement; and determine: (1) whether removal of the child from the home was clearly necessary, and(2) whether the child should remain in an out-of-home placement.(b)Burden of Proof. The petitioner must show there is probable cause to believe that continued temporary physical custody of the child in an out-of-home placement is clearly necessary to prevent abuse or neglect pending the dependency adjudication pursuant to A.R.S. §§ 8-824(F) and 8-825(C).(c)Procedure. At the temporary custody hearing:(1) The court may limit testimony and evidence pursuant to A.R.S. § 8-824(E)(3).(2) Evidence may be presented in support of, or to rebut a finding of, the need for the continued temporary physical custody of the child in an out-of-home placement. The court may admit evidence under Rule 104(b), including hearsay. See A.R.S. § 8-825.(3) The parent must be permitted to present evidence in support of the child's return at the conclusion of the petitioner's case.(4) A parent may present, and the court may consider as a mitigating factor, evidence of the parent's participation in the healthy families program under A.R.S. § 8-481. See A.R.S. § 8-824(E)(4).(5) A parent may present, and the court must consider as a mitigating factor, the availability of reasonable services to prevent or eliminate the need for removal of the child and the parent's effort to obtain and participate in these services. See A.R.S. § 8-824(E)(5).(d)Findings. The court must find whether there is probable cause to believe that continued temporary physical custody is clearly necessary to prevent abuse or neglect.(e)Orders.(1) If the petitioner failed to meet the burden of proof, the court must order return of the child to the parent pending the determination of the dependency petition, pursuant to A.R.S. § 8-825(C)(1), or(2) if the petitioner met the burden of proof, the court may declare the child a temporary ward of the court pending the determination of the dependency petition and must continue the child in an out-of-home placement pursuant to A.R.S. § 8-825(C)(2).Adopted Dec. 8, 2021, effective 7/1/2022.