Rule 343 - Permanency Hearing(a) Generally. At the permanency hearing, the court must determine the child's permanency plan and enter orders that are necessary to accomplish the plan within a specific time.
(b)Time Limits. Pursuant to A.R.S. § 8-862, the permanency hearing must be held: (1) no later than 30 days after the disposition hearing, if the court under A.R.S. § 8846 relieved DCS of the duty to provide reunification services;(2) no later than 6 months after the removal of a child who was under 3 years at the time of removal from the child's home; or(3) no later than 12 months after the child's removal from the home in all other cases, unless otherwise permitted by law.(c)Procedure. At the permanency hearing, the court: (1) must consider testimony or documents admitted into evidence under Rule 104(b), which may include hearsay;(2) must consider the permanency plan proposed by DCS pursuant to a prior court order; and(3) may allow the child to speak with the court during the hearing to assist the court in determining a permanency plan for the child.(d)Findings and Orders. All findings and orders must be in a signed minute entry or order. The court must make findings and: (1) determine the appropriate permanency plan for the child, make the determination required by Rule 325, and order the petitioner to accomplish the plan within a specific time;(2) set a review hearing within the time required by A.R.S. § 8-847(A), but every review hearing after the permanency hearing for that child may be designated a permanency hearing;(3) if the court determines that termination of parental rights or the establishment of a permanent guardianship is clearly in the best interests of the child, order DCS, the child's attorney, or the child's GAL to file a motion or petition pursuant to A.R.S. § 8-862 to terminate parental rights-or to establish a permanent guardianship-no later than 10 days after the permanency hearing, and appoint counsel for the parent as provided in Rule 303;(4) address and advise the parent in open court that failure to attend further proceedings without good cause and 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 3 (if the permanency plan is guardianship) or Form 4 (if the permanency plan is termination of parental rights), request that the parent sign and return a copy of the form, and note on the record that the form was provided;(5) if there is reason to know the child is an Indian child, the court must 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, or whether there is good cause to deviate from the preferences;(6) if the child is in an out-of-home placement, the court must make a finding as to whether the placement continues to be appropriate and in the child's best interests; and(7) make other findings as appropriate or required by law.Adopted Dec. 8, 2021, effective 7/1/2022.