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REFERENCE TITLE: adoption; visitation pending final decree |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1100 |
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Introduced by Senators Landrum Taylor, Lopez, Murphy: Gray, Jackson
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AN ACT
Amending section 8-113, Arizona Revised Statutes; relating to adoption.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-113, Arizona Revised Statutes, is amended to read:
8-113. Removal from home; expedited hearings; probationary period; rights and responsibilities; visitation limitations
A. A child who has been placed in a certified adoptive home by any agency or the division shall not be removed from the home except on order of the juvenile court. The agency or the division may request a hearing for removal before the juvenile court, and in those cases, a hearing shall be held not less than ten days after notice has been given to the certified prospective adoptive parent or parents.
B. This section does not prohibit prospective adoptive parents from voluntarily returning any child to the placing agency or the division or does not prevent the removal of a child pursuant to section 8‑821 or 8‑802.
C. Pending the final adoption hearing, the child is subject to further investigation by the division, an officer of the court or an agency that is required to do the social study pursuant to section 8‑105.
D. The court shall hold the hearing on the petition:
1. Within sixty days if the child has resided in the home of the prospective adoptive parent or parents for at least one year immediately preceding the filing of the petition for adoption. If the prospective adoptive parent is the stepparent of the child, this requirement applies only if the stepparent has been married to the birth or legal parent of the child for at least one year.
2. Within ninety days if the child is under three years of age or has resided in the home of the prospective adoptive parent or parents for at least six months preceding the filing of the petition for adoption. If the prospective adoptive parent is the stepparent of the child, this requirement applies only if the stepparent has been married to the birth or legal parent of the child for at least one year.
3. In all other cases, within six months after the filing of the petition for adoption.
E. If subsection D, paragraph 1 or 2 of this section applies, the petitioner shall file a notification of that fact with the petition to adopt.
F. The court shall postpone a hearing scheduled to be held pursuant to subsection D of this section if the court has not received the results of the criminal records check at least forty‑eight hours before the final hearing. The court shall reschedule the hearing within twenty‑one days after receiving the results.
G. The court or the petitioner may postpone the final hearing up to sixty days in order to give notice to any interested party or for other good cause.
H. The court shall hold an expedited hearing on a motion that is supported by a sworn affidavit that the expedited hearing is in the child's best interests and that any of the following is true:
1. The child is suffering from a chronically debilitating, progressive or fatal disease as diagnosed by a licensed physician.
2. A prospective adoptive parent, birth parent or legal parent is terminally ill, as diagnosed by a licensed physician.
3. The court finds other compelling reasons relating to the special needs and welfare of the child to expedite the hearing.
I. During the probationary period or any extension, prospective adoptive parents who have complied with the provisions of this chapter have the following rights and responsibilities with respect to the child:
1. The right to physical custody of the child unless the child is removed by order of the juvenile court after notice and a hearing.
2. The right to consent to necessary medical procedures for the child.
3. The right to consent to participation in social and athletic activities for the child.
4. The responsibility to provide proper care and support for the child in addition to that already provided by the placing agency or division.
5. The right to refuse visitation between the child and a birth parent if that parent's rights have been terminated unless the juvenile court orders visitation. It is presumed that visitation between the child and a birth parent is not in the best interest of the child placed with a prospective adoptive parent. The court may order visitation if the birth parent submits clear and convincing evidence that refutes this presumption.