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REFERENCE TITLE: adoption petitions |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1490 |
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Introduced by Senators Murphy, Landrum Taylor: Barto, Gray
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AN ACT
Amending section 8-115, 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 8-115, Arizona Revised Statutes, is amended to read:
8-115. Hearing; procedure; record; evidence; contested case
A. The court shall hold a hearing on a petition filed pursuant to this article in as informal a manner as the requirements of due process and fairness permit. The prospective adoptive parent, the spouse of a prospective adoptive parent and the child to be adopted shall attend unless the court orders otherwise. The court shall only allow persons who have a direct interest in the case to attend the hearing. A person who attends a hearing shall not disclose any information about the hearing. The court may require the presence of such other witnesses as it deems necessary.
B. The court shall make its findings based on a preponderance of the evidence. The court may consider any and all reports required by this article or ordered by the court pursuant to this article.
C. Notwithstanding any other law, if the child who is the subject of the adoption petition has been in out-of-home placement for at least fifteen months and has been living with the prospective adoptive parent or parents for at least six months, the court shall grant a petition to adopt even if the child's parent has filed an appeal to the petition for the termination of the parent-child relationship unless that parent can demonstrate to the court's satisfaction that there is a substantial likelihood of prevailing on appeal.