Rule 338 - Dependency Adjudication Hearing(a) Generally. At the dependency adjudication hearing, the court must determine whether the petitioner has met the burden of proving the child dependent.(b)Time.(1)Requirement. The dependency adjudication hearing must be completed no later than 90 days after service of the dependency petition on the parent.(2)Continuance.(A)Generally. The court may continue a dependency adjudication hearing beyond the time prescribed by A.R.S. § 8-842(C) for 30 days if it is necessary for the full, fair, and proper presentation of evidence and the child's best interests would not be adversely affected.(B) Duration. The court may grant a continuance that exceeds 30 days only upon a finding of extraordinary circumstances, which include but are not limited to acts or omissions that are unforeseen or unavoidable. Failure to complete discovery before the date set for the dependency adjudication hearing does not constitute extraordinary circumstances.(C) Motion. Any party requesting a continuance based on extraordinary circumstances must file a motion that specifies those circumstances and must file the motion no later than 5 days after discovering them.(D) Finding. The court must state in writing the factual basis for extending time based on extraordinary circumstances.(c) Burden of Proof.(1)Cases Not Subject to ICWA. The petitioner must prove the allegations in the petition by a preponderance of the evidence.(2)ICWA Cases. If the child is an Indian child, the petitioner must prove by clear and convincing evidence, including testimony from a qualified expert witness, that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. This proof is required even when a parent admits or does not contest the allegations in a dependency petition. The petitioner also must prove by clear and convincing evidence that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family, and that those efforts have proven unsuccessful. See ICWA § 1912 and 25 C.F.R. § 23.121. These requirements are in addition to the proof required by subpart (c)(1).(d)Admission/No Contest. A parent may waive the right to a contested hearing on the allegations contained in the dependency petition by admitting or not contesting the allegations orally or in writing. In accepting an admission or if the parent does not contest the allegations in the petition, the court must: (1) determine whether the parent understands the rights being waived;(2) determine whether the parent knowingly, intelligently, and voluntarily admits or does not contest the allegations;(3) determine a factual basis to support a finding of dependency; and(4) enter the findings and orders set forth in section (h).(e)Failure to Appear. If a parent fails to appear and pursuant to A.R.S. § 8-844(F), the court may proceed with the dependency adjudication and disposition if it finds on the record specific facts upon which to adjudicate the child dependent and finds that the parent:(1) had notice of the hearing;(2) had been admonished regarding the consequences of failing to appear, including a warning that the hearing could go forward in the parent's absence, and that failure to appear may constitute a waiver of rights and an admission of the allegations contained in the dependency petition; and(3) failed to demonstrate good cause for the failure to appear and is deemed to have waived the parent's rights and admitted the allegations in the dependency petition.(f) Procedure After Denial. If a parent appears at the dependency adjudication hearing and continues to deny the allegations of the petition, the court must conduct a contested adjudication hearing.(g)Amendments to Conform to the Evidence. An amendment to conform to the evidence may be made during or after the presentation of evidence pursuant to Civil Rule 15(b).(h)Findings and Orders. Findings and orders must be in a signed minute entry or order. As to each parent and based on the record and evidence presented, the court must: (1) enter findings that the court has jurisdiction over the subject matter and persons before the court;(2) if the petitioner failed to meet the required burden of proof, dismiss the petition and return the child to the parent;(3) if the parent failed to appear, made the findings required by section (e);(4) if the petitioner met the burden of proof, state specific facts that support a finding of dependency and adjudicate the child dependent;(5) enter orders concerning the placement and custody of the child pending disposition;(6) if ICWA applies, 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;(7) conduct the disposition hearing pursuant to Rule 339, or set the disposition hearing no later than 30 days after the adjudication;(8) address the parent in open court and advise that failure to attend further proceedings without good cause or failure to participate in reunification services may result in the termination of parental rights or the establishment of a permanent guardianship of the child. The court must advise the parent that hearings may go forward in the parent's absence. The court must make specific findings that it advised the parent of the consequences of failing to attend subsequent proceedings or participate in reunification services. 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; and(9) make other findings and enter any other orders appropriate or required by law.Adopted Dec. 8, 2021, effective 7/1/2022; amended August 29, 2022, effective 9/24/2022; amended December 8, 2022, effective 1/1/2023.