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REFERENCE TITLE: dependency petition; filing party |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1075 |
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Introduced by Senator Brophy McGee
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AN ACT
amending section 8‑841, Arizona Revised Statutes; relating to dependency petitions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-841, Arizona Revised Statutes, is amended to read:
8-841. Dependency petition; service; preliminary orders
A. The department or any interested party relative of a child may file a petition to commence proceedings in the juvenile court alleging that a child is dependent.
B. The petition shall be verified and shall contain all of the following:
1. The name, age and address, if any, of the child on whose behalf the petition is brought.
2. The names and addresses, if known, of both parents and any guardian of the child.
3. A concise statement of the facts to support the conclusion that the child is dependent.
4. If the child was taken into temporary custody, the date and time the child was taken into custody.
5. Whether the department believes that an aggravating circumstance described in section 8‑846, subsection D, paragraph 1 exists.
6. A statement whether the child is subject to the Indian child welfare act of 1978 (P.L. 95‑608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963).
C. The person who files the petition shall have the petition and a notice served on:
1. The parents and any guardian of the child.
2. The child's guardian ad litem or attorney.
3. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster‑adoptive placement.
D. The notice shall contain all of the following:
1. The name and address of the person to whom the notice is directed.
2. The date, time and place of the hearing on the petition.
3. The name of the child on whose behalf the petition has been filed.
4. A statement that the parent or guardian and the child are entitled to have an attorney present at the hearing and that, if the parent or guardian is indigent and cannot afford an attorney and wants to be represented by an attorney, one will be provided.
5. A statement that the parent or guardian must be prepared to provide to the court at the initial dependency hearing the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.
6. A statement that the hearing may result in further proceedings for permanent guardianship or to terminate parental rights.
E. The petition and notice shall be served on a parent or guardian as soon as possible after the petition is filed and at least five days before the initial dependency hearing if the parent or guardian did not attend the preliminary protective hearing. If a parent or guardian does attend the preliminary protective hearing, the petition and notice shall be served at the preliminary protective hearing.
F. On the filing of the petition, the court may issue any temporary orders necessary to provide for the safety and welfare of the child.