Ariz. R. P. Juv. Ct. 325

As amended through August 22, 2024
Rule 325 - Mandatory Judicial Determinations
(a) Priority. The court's first priority after a child is removed from the child's home is protecting the child from abuse or neglect.
(b)Generally. As required by this rule, the court must make the following mandatory determinations in writing within the designated times and must state in a written order or minute entry a factual basis for each determination.
(c)The Court's First Order.
(1) In the court's first order that authorizes the removal of a child from the home in a dependency proceeding, which may be a temporary order that is entered on the filing of a dependency petition, the court must determine in writing whether having the child continue to reside in the home would be contrary to the welfare of the child. The court must include a factual basis for its determination.
(2) After the child is removed from the home, the court must determine in writing if reasonable efforts were made to prevent the child's removal or if it was reasonable to make no efforts to prevent the child's removal. The court's reasonable efforts determination must also include a factual basis. If the court does not make this finding in its first order, the court must make the finding no later than 60 days after the removal.
(d)At the Preliminary Protective Hearing and Initial Dependency Hearing.
(1) At the preliminary protective hearing and the initial dependency hearing, the court must determine whether DCS is attempting to identify and assess:
(A) placement of the child with the child's grandparent or other member of the child's extended family, including a person who has a significant relationship with the child, and
(B) placement of the child with the child's siblings, if such placement is possible and is in the child's best interests.
(2) At the initial dependency hearing, the court must also determine whether DCS is conducting a due diligence search under A.R.S. § 8-514.07.
(e) Periodic Review Hearings. At periodic review hearings required by A.R.S. § 8-847, the court must determine whether:
(1) DCS has identified and assessed placement of the child with a relative or person who has a significant relationship with the child;
(2) the parent or guardian provided the court with the names, relationships, and all available contact information of persons related to the child, or who have a significant relationship with the child, or the parent or guardian informed the court that there is insufficient information available for locating a relative or person who has a significant relationship with the child; and
(3) the parent or guardian immediately informed DCS of new information concerning the existence or location of a relative or person with a significant relationship with the child.
(f)60 Days After Removal from the Home.
(1) If the court did not previously make the findings required by subpart (c)(2), the court, no later than 60 days after the child's removal from the child's home, must determine if reasonable efforts were made to prevent removal of the child, or if it was reasonable to make no efforts to prevent the child's removal.
(2) As provided by A.R.S. § 8-829(A)(4), no later than 60 days after the child is removed from the child's home, if the child is not placed with a grandparent, another member of the child's extended family, or a person with a significant relationship with the child, the court must determine why such placement is not in the best interest of the child. The petitioner has the burden of presenting evidence that such placement is not in the child's best interests at the first court hearing thereafter.
(g)6 Months After Removal of a Child Less Than 3 Years of Age. If the child was less than 3 years of age at time of removal, the court must determine, no later than 6 months after the child was removed from the child's home, whether DCS made reasonable efforts to provide reunification services to the parent and whether that parent substantially neglected or willfully refused to participate in those reunification services.
(h)12 Months After Removal and Thereafter. No later than 12 months after the child was removed from the child's home, and at least once every 12 months thereafter, the court must determine if reasonable efforts were made to finalize the existing permanency plan. The court's order must be in writing and contain a factual basis for the court's finding.
(i)The Permanency Hearing. At the permanency hearing held pursuant to A.R.S. § 8862, the court must determine the efforts that were made to place the child with the child's siblings, or to provide the child with frequent visitation or contact with the child's siblings, unless the court determines that placement, visitation, or contact with all or any siblings is not possible or would be contrary to the child's or a sibling's safety or well-being.
(j)Extended Foster Care Finding. No later than 120 days after DCS submits a qualified young adult's signed voluntary agreement to participate in an extended foster care program pursuant to A.R.S. § 8-521.02, the juvenile court must determine in writing whether participation is in the qualified young adult's best interest.

Ariz. R. P. Juv. Ct. 325

Adopted Dec. 8, 2021, effective 7/1/2022; amended August 24, 2023, effective 10/30/2023; amended December 6, 2023, effective 1/1/2024.