As amended through August 22, 2024
Rule 311 - Participants' Rights(a) Right to Notice. If DCS is a party, it must provide notice of the date, time, and location of all hearings that will be held concerning the child to: (1) the child's current out-of-home placement;(2) any pre-adoptive placement or any relative identified as a possible placement for a child who is in out-of-home care and under the responsibility of DCS;(3) for any periodic review hearings under A.R.S. § 8-847, any placements where the child has resided for more than 10 days during the past 6 months; and(4) a participant Indian tribe that has not intervened or is not endorsed on the court's minute entries. See25 C.F.R. § 23.111.(b) Right to be Heard. Participants have a right to be heard regarding the child at any hearing.(c) Status. Although participants have the right to notice and the right to be heard, they do not have the status of parties.(d) Duties. Participants with whom a child is placed by DCS have a continuing duty to provide DCS with a current and correct mailing address, including any address protected by court order.(e) Review Hearings. This rule does not limit the notice requirements of A.R.S. § 8-847(B) regarding periodic review hearings.(f) Limiting a Participant. The court may limit the presence of a participant to the time the participant is heard or testifies, if: (1) it is in the best interests of the child, or(2) it is necessary to protect the parties' privacy interests and will not be detrimental to the child.Adopted Dec. 8, 2021, effective 7/1/2022.