Rule 349 - Revocation of a Permanent Guardianship(a) Generally. The child's guardian or any party to the dependency proceeding may file a petition pursuant to A.R.S. § 8-873 for the revocation of an order granting permanent guardianship.(b) Petition. The petition must state a factual basis describing a significant change of circumstances supporting a revocation and address the appropriate factors cited in A.R.S. § 8-873(A). The petition must be verified.(c) Petitioner's Duties.(1)Generally. The petitioner must provide a copy of the petition to the child's parents and the permanent guardian under Rule 106. The court must provide a copy of the petition to the attorney and GAL appointed for the child under subpart (d)(1).(2)Indian Child. If the child is an Indian child, the petitioner must provide notice as required by ICWA to the parent, Indian custodian, and tribe by registered or certified mail with return receipt requested. If the identity or location of the parent or Indian custodian cannot be determined, the petitioner must notify the Secretary of the Interior by registered or certified mail, who has 15 days after receipt of mailing to provide the requisite notice to the parent or Indian custodian and the tribe. The notice must advise the parent or Indian custodian and the tribe of their right to intervene.(d) Court's Duty Upon Receiving a Petition. Upon receiving a petition to revoke a permanent guardianship, the court: (1) must appoint an attorney and GAL for the child;(2) must set an initial revocation hearing no later than 45 days after the filing of the petition and notify the petitioner, the child's attorney and GAL, the child's parent, and the permanent guardian of the hearing date; and(3) may, if the court has reason to believe that the child is at risk of abuse or neglect, order DCS to investigate and provide a report to the court and the parties no later than 10 court days after the order is entered.(e) Initial Revocation Hearing. At the initial revocation hearing, the court must determine whether a copy of the petition was served as required by section (c); whether DCS, if ordered to investigate, provided its investigative report to the court and parties; and whether a parent, permanent guardian, the child's attorney, or GAL objects to the petition. At the conclusion of the initial revocation hearing, the court may:(1) continue the initial hearing to allow the petitioner and DCS to complete their responsibilities under subparts (c)(1) and (d)(3);(2) order the GAL to prepare a report to the court and to provide a copy of the report to the parties, and continue the initial hearing pending completion of those actions;(3) set a contested hearing if a party objects to the petition;(4) grant the petition if there is no objection and the court has made the required findings under section (g); and(5) enter interim orders.(f) Contested Hearing. If the petition is set for a contested hearing, the petitioner must meet the burden of proof required by A.R.S. § 8-873(C) or (D). The court may consider any evidence at the hearing that is admissible under Rule 104(b).(g) Considerations. Before entering findings and orders, the court must consider: (1) the child's position;(2) the duration of the guardianship;(3) the level of contact between the parent and the child during the guardianship; and(4) any other relevant factor.(h) Findings. The court's findings must be contained in a signed minute entry or order. If the child was adjudicated dependent, the court must make findings under A.R.S. § 8-873(C). If the child was not adjudicated dependent, the court must make findings under A.R.S. § 8-873(D). The court must also: (1) make findings related to the considerations in section (g); and(2) make findings required by ICWA if the child is an Indian child.(i) Orders. The court must enter an order granting or denying the petition to revoke the permanent guardianship. Upon revoking the guardianship, the court may: (1) order the child returned to the legal and physical custody of a parent; and(2) enter other orders that may be appropriate.Added Dec. 8, 2021, effective 7/1/2022; amended Aug. 29, 2022, effective 1/1/2023; amended Aug. 22, 2024, effective 9/14/2024.