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Senate Engrossed |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SENATE BILL 1405 |
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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 termination of the parent-child relationship if the court finds that it should otherwise grant the adoption.
Sec. 2. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.