Rule 336 - Settlement Conference(a) Generally. The court with the parties' agreement may conduct a settlement conference to help identify and resolve issues.(b)Settlement Conference Memorandum. No later than 5 days before the settlement conference, or as otherwise provided by the court, each party must provide the court, but not file or exchange with other parties, a confidential memorandum that addresses the following:(1) a general description of the contested issues and the position of the party with respect to each issue;(2) a general description of the evidence the party will present;(3) a summary of any attempts to settle the matter; and(4) any other information a party believes would be helpful to the settlement process, including acceptable settlement proposals.(c)Procedure.(1) The assigned trial judge may conduct the settlement conference only with the consent of the parties. In all other cases, another judicial officer must conduct the settlement conference.(2) Statements made in the course of the settlement conference must not be used in future hearings, except as permitted by Arizona Rule of Evidence 408.(3) The court may engage in ex parte communications with the consent of all those participating in the conference.(4) The parties must inform the assigned judge of the result of the settlement conference.(d)Findings and Orders; Further Proceedings. All findings and orders must be contained in a signed minute entry or order. At the conclusion of the settlement conference, the court may do any of the following:(1) If the court finds that the parent admits or does not contest that the child is dependent, it may adjudicate the child dependent and enter findings and orders pursuant to Rule 338, and it may set or conduct a disposition hearing pursuant to Rule 339.(2) If the parties are unable to reach agreement, the court must set or affirm a dependency adjudication hearing and may set a pretrial conference.(e)Admonitions.(1) If the court sets a further hearing, it must address the parent in open court and advise that the parent's failure to attend the pretrial conference or the dependency adjudication hearing without good cause may result in a finding that the parent has waived legal rights and is deemed to have admitted the allegations in the dependency petition. The court also must advise the parent that the hearings may go forward in the parent's absence and may result in a finding of dependency based on the record and evidence presented.(2) The court must also advise the parent that failure to participate in reunification services may result in the termination of parental rights or the establishment of a permanent guardianship of the child.(3) The court must find that the parent was advised of and understands the consequences of failing to participate in reunification services and failing to attend future proceedings. The court may provide the parent with a copy of Form 1, request that the parent sign and return a copy of the form, and note on the record that the form was provided.(f) ICWA. If ICWA applies, the court must make findings pursuant to the standards and burdens of proof required under ICWA and the Regulations, including whether placement of the Indian child is in accordance with ICWA § 1915 and 25 C.F.R. § 23.131 or whether there is good cause to deviate from the preferences.(g)Other Findings and Orders. The court may make other findings and enter any other orders that may be appropriate or required by law.Adopted Dec. 8, 2021, effective 7/1/2022.