Rule 341 - Review Hearing(a) Generally. Pursuant to A.R.S. § 8-847, the court must conduct periodic review hearings at least once every 6 months after the disposition hearing to review the progress of the parties in achieving the case plan goals and determine whether the child continues to be dependent.(b)Notice.(1)Court's Duty to Notify of the Right to Participate. At a proceeding to review the disposition orders of the court, the court must notify the following persons of the review hearing and their right to participate in the review proceeding and any future proceedings:(A) the authorized agency charged with the child's care and custody;(B) the child's tribe as required under ICWA;(C) any foster parents in whose home the child resides or has resided within the last 6 months, except for those foster parents who maintain a receiving foster home where the child has resided for 10 days or less. The petitioner must provide the court with the names and addresses of all foster parents who are entitled to notice pursuant to statute;(D) a shelter care facility or receiving foster home where the child resides or has resided within the last 6 months for more than 10 days. The petitioner must provide the court with the names and addresses of all shelter care facilities and receiving foster homes that are entitled to notice pursuant to this paragraph;(E) the child's parent, unless: (i) the rights of a parent to the child have been terminated by court action; or(ii) the parent has relinquished rights to the child to an agency or has consented to the adoption of the child as provided in A.R.S. § 8-107.(F) the child, if 12 years of age or older;(G) the child's relative, as defined in A.R.S. § 8-501, if that relative files with the court a written notice to participate;(H) a person permitted by the court to intervene in the dependency proceeding;(I) a physical custodian in whose home the child resides or has resided within the last 6 months;(J) any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement; and(K) any other person the court deems appropriate.(2)Sibling Information Exchange Program. If the court finds that a child is no longer dependent, before it dismisses the proceeding the court must provide notice of the sibling information exchange program as required by A.R.S. § 8543 to the following:(A) the child in the proceeding for whom the periodic review hearing is held, and(B) a parent or guardian with legal custody of the child for whom the periodic review hearing is held.(c)Reports. The petitioner must provide a report to the court and the parties at least 15 days before the review hearing that addresses:(1) the placement of the child;(2) the services being provided to the child and family, including the educational needs of the child;(3) the progress the parties have made in achieving the case plan goals; and(4) whether the child continues to be dependent.(d) Contested Issues. Any party seeking an evidentiary hearing on any issue must file a motion requesting that the matter be set for a contested hearing. The motion must identify the issues to be litigated, the names and addresses of all witnesses, and the estimated time the parties will need to present evidence. Upon receiving the motion, the court may reset the matter to provide sufficient time for an evidentiary hearing or it may proceed with the review hearing as scheduled.(e) Procedure.(1) Absent any party's objection, the court may consider the oral or written reports of the parties, documents entered into evidence at prior proceedings, documents agreed upon by the parties, and any other reports pursuant to Rule 104.(2) Any documents that the parties wish the court to consider as evidence must be marked and admitted before the hearing concludes.(3) The court must address the recommendations of the Foster Care Review Board on the record, as provided by A.R.S. § 8-515.03(1).(4) The court must consider any safety plan as well as any other safety issues that might prevent the child's return to a parent or that might affect the child's placement.(5) At the first periodic review hearing, the court must consider whether a parent of a child under 3 years of age at the time of removal has substantially neglected or willfully refused to participate in reunification services offered by DCS.(f)Findings and Orders. All findings and orders must be in a signed minute entry or order. (1) At the conclusion of the hearing, the court must:(A) dismiss the petition and return the child to the parent if the court finds the child is not dependent, or(B) make a finding that the child continues to be dependent.(2) If the court finds that the child continues to be dependent, the court must:(A) enter orders concerning: (i) the placement, custody, and educational needs of the child, and(ii) services to be provided to the family and child.(B) if the child is not placed with a parent, determine whether DCS has identified and assessed whether placement of the child with a relative or person who has a significant relationship with the child is possible;(C) determine whether the parent has complied with orders the court has issued pursuant to A.R.S. § 8-824(E)(7);(D) set the next review hearing within the time provided by A.R.S. § 8-847;(E) set a permanency hearing no later than 12 months after the date the child was removed from the home;(F) address and advise the parent in open court that the parent's failure to attend further proceedings without good cause or the parent's failure to participate in reunification services, if appropriate, may result in the termination of parental rights or the establishment of a permanent guardianship of the child, based upon the record and evidence presented. The court must advise the parent that the hearings may go forward in the parent's absence. The court must make specific findings that it advised the parent of the consequences of failure to attend subsequent proceedings and 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;(G) if there is reason to know child is an Indian child, make findings pursuant to the standards and burdens of proof required under ICWA, including whether placement of the Indian child is in accordance with ICWA § 1915, 25 C.F.R. § 23.131, and Rule 321; and(H) make other findings as appropriate or required by law.Adopted Dec. 8, 2021, effective 7/1/2022; amended Aug. 29, 2022, effective 1/1/2023.COMMENT TO 2022 AMENDMENT
In considering safety issues under subpart (e)(4), judges and parties should consider the American Bar Association's publication titled Child Safety, A Guide for Judges and Attorneys (2009).