Rule 346 - Guardianship Adjudication Hearing(a) Generally. At a guardianship adjudication hearing, the court must determine whether the prospective guardian is a fit and proper person to become the permanent guardian of the child, and whether guardianship is in the best interests of the child.(b) Time Limits.(1) Unless the court orders or permits otherwise under A.R.S. § 8-864, the guardianship adjudication hearing must begin no later than 90 days after the filing of a motion for permanent guardianship.(2) The court may continue the hearing for no more than 30 days beyond the 90-day limit if it finds that the continuance is necessary for the full, fair, and proper presentation of evidence and the best interests of the child would not be adversely affected.(3) The court may continue the hearing for a longer period only on a finding of extraordinary circumstances. Extraordinary circumstances include but are not limited to acts or omissions that are unforeseen or unavoidable. Any party requesting a continuance must file a motion that specifies the extraordinary circumstances. The party must file the motion no later than 5 days after discovering those circumstances. The court's finding of extraordinary circumstances must be in writing and set forth the factual basis for the continuance.(c)Burden of Proof.(1) The moving party has the burden of proving the allegations by clear and convincing evidence, except as provided in subpart (c)(2).(2) If the child is an Indian child, the moving party has the burden of proving the allegations beyond a reasonable doubt, in accordance with ICWA § 1912. The moving party also must prove beyond a reasonable doubt, including testimony from a qualified expert witness, that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The moving party must prove that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that those efforts have proven unsuccessful.(d) Admitted or Not Contested. The parent may waive the right to trial on the allegations contained in the guardianship motion by admitting or not contesting the allegations orally or in writing. In either circumstance, the court must: (1) determine whether the parent understands the rights being waived;(2) determine whether the parent knowingly, intelligently, and voluntarily admits or does not contest the allegations;(3) determine whether a factual basis exists to support the establishment of a guardianship; and(4) proceed with entering the findings and orders set forth in section (g).(e)Failure to Appear.(1) The court may proceed with the guardianship adjudication hearing if the parent fails to appear at the hearing without good cause, and the court finds the parent: (A) had notice of the guardianship adjudication hearing;(B) was properly served pursuant to Rule 344; and(C) had been admonished regarding the consequences of failing to appear at the guardianship adjudication hearing, including a warning that the hearing could go forward in the parent's absence and that failing to appear may constitute a waiver of rights and an admission to the allegations in the guardianship motion.(2) At the hearing, the court may establish a guardianship based on the record and evidence presented if the requirements of subpart (e)(1) are satisfied and the moving party can meet the burden of proof required for guardianship. The court must enter its findings and orders pursuant to section (g). If the child is an Indian child, the court must make findings pursuant to the standards and burdens of proof required under ICWA and set forth in subpart (c)(2).(f)Child's Position. The court must consider a child's objection to the appointment of the person nominated as permanent guardian. The court may appoint as guardian the person nominated by a child 12 years of age or older, unless the court finds it would not be in the child's best interests to do so.(g)Findings and Orders. At the conclusion of the hearing, the court must: (1) enter findings as to the court's jurisdiction over the subject matter and persons before the court;(2) if the moving party has met its burden of proof:(A) make specific findings of fact in support of the establishment of a guardianship and appoint a permanent guardian;(B) enter appropriate orders governing the powers and duties of the guardian as set forth in A.R.S. § 14-5209;(C) enter visitation orders, if appropriate;(D) order the parent to contribute to the support of the child, if appropriate;(E) direct DCS to assist the permanent guardian in making an application for guardianship subsidy, if available;(F) set an annual review and order the preparation of a report, as required by A.R.S. § 8-872; and(G) dismiss the dependency action;(3) if the child is an Indian child, the court must make findings pursuant to the standards and burdens of proof required under ICWA;(4) if the moving party fails to meet the burden of proof, the court must deny the guardianship motion, establish a revised permanency plan, and set a review hearing; and(5) make other findings and enter any other orders appropriate or required by law.(h)Successor Permanent Guardian. At the guardianship hearing, or by notice filed after the appointment of a permanent guardian or a successor permanent guardian under A.R.S. § 8-874, the guardian may inform the court of the identity and contact information of potential successor permanent guardians.Adopted Dec. 8, 2021, effective 7/1/2022.