Ariz. R. P. Juv. Ct. 326

As amended through December 3, 2024
Rule 326 - Required Admonitions and Findings
(a)Generally.
(1) During every hearing in a dependency, Title 8 guardianship, or termination case, the court must address the parents who are present and advise them of the consequences of failing to appear and failing to participate in reunification services.
(2) The requirement in subpart (a)(1) does not apply to a parent whose parental rights have been terminated or in cases in which the court has established a permanent guardianship.
(b)Admonition.
(1) At a preliminary protective hearing, or at an initial dependency, pretrial conference, initial guardianship, or initial termination hearing, the court must advise the parent who is present that the parent will be deemed to have admitted the allegations in the petition or motion if the parent fails to attend any of the following court hearings without good cause:
(A) a pretrial conference or an adjudication hearing in a dependency, guardianship, or termination hearing;
(B) a pretrial conference in a guardianship proceeding; or
(C) a status conference in a termination proceeding.
(2) The court also must advise the parent that if the parent fails to appear at any of these conferences or hearings, the court may adjudicate the case in the parent's absence and, based on the evidence presented, may grant the petition or motion.
(3) The court must determine at every hearing at which the parent appears that the parent understands the consequences of failing to appear at future court hearings and failing to participate in reunification services.
(4) The court must provide the parent with Form 1, 2, 3, or 4, as applicable, and request the parent to sign and return the form to the court before the hearing adjourns.
(5) The court must make findings concerning the matters set forth in subparts (b)(1) through (b)(4) in a signed minute entry or order.
(c)Failure to Participate in Reunification Services. At every hearing, the court must advise a parent whose rights have not been terminated that substantially neglecting or willfully refusing to remedy the circumstances that caused the parent's child to be in an out-of-home placement, including refusing to participate in reunification services, may be grounds for terminating parental rights.
(d)Failure to Appear. Before the court may proceed with an adjudication hearing as to a parent who fails to appear without good cause at a hearing or conference specified in subpart (b)(1), the court must first find that the parent:
(1) was properly served;
(2) had notice of the hearing; and
(3) had been admonished regarding the consequences of failing to appear at the hearing or conference, including a warning that the adjudication hearing may go forward in absence of the parent, and that failing to appear may constitute a waiver of the parent's rights and an admission to the allegations contained in the petition or motion.
(e)Adjudication. If the requirements of section (d) are satisfied, the court may proceed with the adjudication as provided by Rules 338, 346, or 351, as applicable.
(f)Minute Entries.
(1) The court's minute entries for the hearings described in this rule must contain findings that any parent who was present received the admonition, and that the parent understands it.
(2) Before the conclusion of the preliminary protective hearing, initial dependency, initial guardianship, or initial termination hearing, the court must provide the parent with a written form of the admonition that contains the date, time, and location of the next court hearing and the court's telephone number.
(3) Before the conclusion of hearings other than those described in subpart (b)(1), the court may provide the parent with a written form of the admonition that contains the date, time, and location of the next court hearing or conference and the court's telephone number.
(4) The court's finding pursuant to section (d) must be in a signed minute entry or order.

Ariz. R. P. Juv. Ct. 326

Adopted Dec. 8, 2021, effective 7/1/2022; amended August 29, 2022, effective 9/24/2022; amended December 8, 2022, effective 1/1/2023.