Rule 340 - Motion to Determine the Provision of Reunification Services(a)Generally.(1) A party may file a motion pursuant to A.R.S. § 8-846 asking the court to relieve DCS of the duty to provide reunification services.(2) If the child is an Indian child, the court's granting of the motion does not determine whether active efforts are necessary under ICWA § 1912 and 25 C.F.R. §§ 23.120 and 23.121. (b)Procedure. The court must consider whether one or more of the statutory circumstances in A.R.S. § 8-846(D) through (F) exist. (1) The court may rule on the motion without a hearing unless a hearing is requested.(2) If a party requests a hearing, evidence may be presented concerning whether reunification services are required, which may include:(A) the parties' oral or written reports;(B) documents entered into evidence at prior proceedings;(C) expert testimony or reports;(D) documents agreed upon by the parties; and(E) any other evidence admitted by the court.(c)Findings. If the court finds by clear and convincing evidence that reunification services are not required, the court must set forth the specific factual basis for its findings in a signed minute entry or written order and, if the child is an Indian child, include findings pursuant to the standards and burdens of proof required by ICWA § 1912 and 25 C.F.R. § 23.121.(d)Orders.(1) If the court denies the motion, the court must order DCS to continue to make reasonable efforts to provide services to the child and the child's parent as provided by A.R. S. § 8-825(D)(1).(2) If the court grants the motion, the court must order that the petitioner is relieved of the duty to provide reunification services and must enter other orders required by A.R.S. § 8-845(C). If the child has been adjudicated dependent, the court must set a permanency hearing as required by A.R.S. § 8-862(A)(1).Adopted Dec. 8, 2021, effective 7/1/2022.COMMENT TO 2022 AMENDMENT
In cases involving Indian children, the discontinuation of services may adversely affect any future attempt to terminate parental rights. ICWA requires that before terminating parental rights, the court must be satisfied that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts were unsuccessful.