Reference Title: permanent guardianships

AN ACT
AMENDING SECTIONS 8-525 AND 8-525.01, ARIZONA REVISED STATUTES; RELATING TO CHILD WELFARE AND PLACEMENT.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 8-525, Arizona Revised Statutes, is amended to read:

8-525 . Permanent guardianship of a child

A. The court may establish a permanent guardianship between a child and the guardian if the prospective guardianship is in the child's best interest INTERESTS and all of the following apply:

1. The child has been adjudicated a dependent child.

2. The child has been in the custody of the prospective permanent guardian for at least nine months as a dependent child. THE COURT MAY WAIVE THIS REQUIREMENT FOR GOOD CAUSE.

3. The division or agency having custody of the child has made IF THE CHILD IS IN THE CUSTODY OF THE DIVISION OR AGENCY, THE DIVISION OR AGENCY HAS MADE reasonable efforts to reunite the parent and child and further efforts would be unproductive. THE COURT MAY WAIVE THIS REQUIREMENT IF IT FINDS THAT REUNIFICATION EFFORTS ARE NOT REQUIRED BY LAW

4. OR IF reunification of the parent and child is not in the child's best interests because the parent is unwilling or unable to properly care for the child.

5. 4. The likelihood that the child would be adopted is remote or termination of parental rights would not be in the child's best interest INTERESTS .

B. The court may consider any adult, including a relative or foster parent, as a permanent guardian , provided that the division or agency grants consent to the guardianship, if the child is in the division's or agency's custody . An agency or institution may not be a permanent guardian. The court shall appoint a person nominated by the child if the child is fourteen or more years of age, unless the court finds that the appointment would not be in the child's best interest INTERESTS .

C. In proceedings for permanent guardianship, the court shall give primary consideration to the physical, mental and emotional needs of the child.

D. Unless otherwise set forth in the final order of permanent guardianship, a permanent guardian is vested with all of the rights and responsibilities set forth in section 14-5209 relating to the powers and duties of a guardian of a minor, other than those rights and responsibilities of the birth or adoptive parent, if any, that are set forth in the decree of permanent guardianship.

E. THE DIVISION OR AGENCY SHALL NOT BE RESPONSIBLE FOR REQUIREMENTS PURSUANT TO SUBSECTION A, PARAGRAPH 3 OF THIS SECTION FOR A PETITION CONCERNING A CHILD NOT IN THE CARE, CUSTODY AND CONTROL OF THE DIVISION OR AGENCY.

Sec. 2. Section 8-525.01, Arizona Revised Statutes, is amended to read:

8-525.01 . Permanent guardianship; procedure

A. Any person may file a petition for permanent guardianship. The petition shall be verified by the petitioner and shall include the following:

1. The name, sex, residence , AND date and place of birth of the child.

2. The facts and circumstances supporting the grounds for permanent guardianship.

3. The name and address of the prospective guardian and a statement that the prospective guardian agrees to accept the duties and responsibilities of guardianship.

4. The basis for the court's jurisdiction.

5. The relationship of the child to the petitioner and the prospective guardian.

6. If WHETHER the child is subject to the federal Indian child welfare act of 1978 (25 United States Code sections 1901 through 1963) and if so:

(a) The tribal affiliations of the child's parents.

(b) The specific actions the petitioner has taken to notify the parents' tribe and the results of those contacts, including the names, addresses, titles and telephone numbers of the persons contacted. The petitioner shall attach to the petition as exhibits any correspondence with the tribes.

(c) The specific efforts that were made to comply with the placement preferences under the federal Indian child welfare act of 1978 or the placement preferences of the appropriate Indian tribes.

7. The name, addresses ADDRESS , marital status and dates DATE of birth of the birth parents, if known.

B. The petitioner shall serve notice of the filing of the petition, accompanied by a copy of the petition, on the following persons:

1. The parents of the child including a parent who has not previously been made a party to the dependency proceeding.

2. The foster parents with whom the child is residing.

3. The foster parents with whom the child has resided for six months within the last twelve months.

4. The legal and physical custodians of the child.

5. The division , PERSON or agency having legal care, custody and control of the child.

6. Any person who is appointed to represent a party, including the child's attorney and guardian ad litem.

7. The Indian tribes of the child's parents and any Indian custodian if the child is subject to the federal Indian child welfare act of 1978. For the purposes of this paragraph, "Indian custodian" has the same meaning as prescribed in 25 United States Code section 1903(6).

8. Any other person that the court orders.

C. Service of notice shall be made pursuant to the rules of civil procedure. The notice shall state that the person served must file a written response to the application within twenty days after receipt of service if the person intends to contest the guardianship.

D. In a proceeding for permanent guardianship, upon the request of a parent, the court shall appoint counsel for any parent found to be indigent if the parent is not already represented by counsel. The court may also appoint one for the child if a guardian ad litem has not already been appointed.

E. Before a final hearing, the division, the agency or a person designated as an officer of the court shall conduct an investigation addressing the factors set forth in section 8-525, and whether the prospective permanent guardian or guardians are fit and proper persons to become permanent guardians and whether the best interests of the child would be served by granting the permanent guardianship. The findings of such THIS investigation shall be set forth in a written report provided to the court and all parties prior to BEFORE the hearing. The court , in its discretion, may require additional investigation if it finds that the welfare of the child will be served or if additional information is necessary to make an appropriate decision regarding the permanent guardianship. The court may charge a reasonable fee for this investigation pursuant to section 8-133, if performed by an officer of the court.

F. The petitioner has the burden of proof by clear and convincing evidence. In any proceeding involving a child who is subject to the federal Indian child welfare act of 1978, the petitioner has the burden of proof by beyond a reasonable doubt.

G. A court order vesting permanent guardianship with an individual divests the birth or adoptive parent of legal custody of or guardianship for the child but does not terminate the parent's rights. A court order for permanent guardianship does not affect the child's inheritance rights from and through the child's birth or adoptive parents.

H. On finding that grounds exist for a permanent guardianship, the court may incorporate into the final order provisions for visitation with the natural parents, siblings or other relatives of the child if such THIS order would be in the child's best interests and any other provision that is necessary to rehabilitate the child or to provide for the child's continuing safety and well-being. The court may order a parent to contribute to the support of the child to the extent it finds the parent is able.

I. UPON THE ENTRY OF THE ORDER ESTABLISHING A PERMANENT GUARDIANSHIP, THE DEPENDENCY ACTION SHALL BE DISMISSED. IF THE CHILD WAS IN THE LEGAL CUSTODY OF THE DIVISION DURING THE DEPENDENCY, THE COURT MAY ORDER THE DIVISION TO CONDUCT THE INVESTIGATION AND PREPARE THE REPORT FOR THE FIRST REPORT AND REVIEW HEARING. The court shall retain jurisdiction to enforce its final order of permanent guardianship. The court shall cause a report and review to be held within one year following the entry of the final order and may set such other and further proceedings as may be in the best interests of the child. Prior to BEFORE a report and review hearing, the court may cause an investigation to be conducted of the facts and circumstances surrounding the welfare and best interests of the child and a written report to be filed with the court. The court may charge a reasonable fee for this investigation pursuant to section 8-133, if performed by an officer of the court.

J. THE DIVISION OR AGENCY SHALL NOT BE RESPONSIBLE FOR REQUIREMENTS PURSUANT TO SUBSECTIONS E, H AND I OF THIS SECTION FOR A PETITION CONCERNING A CHILD NOT IN THE CARE, CUSTODY AND CONTROL OF THE DIVISION OR AGENCY.

APPROVED BY THE GOVERNOR APRIL 24, 1997.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 25, 1997.