ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	Senate: JUD DPA 7-0-1-0 | 3^rd Read 29-0-1-0 House: JUD DP 8-0-0-2

---

SB1079: child placement; procedural time limits

Sponsor: Senator Barto, LD 15

House Engrossed

Overview

Requires all parties involved in child placement proceedings to adhere to procedural time limits. Instructs the court to hold termination and guardianship adjudication hearings within 90 days after the initial hearing.

History

The court must hold a termination adjudication hearing pending a contested petition for termination of a parent-child relationship. Individuals found to have a direct interest in the case by a judge are permitted attendance to a termination adjudication hearing (A.R.S. § 8-537).

The court sets an initial dependency hearing within 21 days after the petition is filed. The court may continue the initial dependency hearing up to 30 days. The dependency adjudication hearing must be completed within 90 days pending service of the dependency petition unless the court orders in-home intervention (A.R.S. § 8-842).

A party to a dependency proceeding may file a motion for permanent guardianship. The petitioner must serve notice of the hearing and a copy of the motion to all relevant parties. The petitioner has the burden of proof in a permanent guardianship proceeding (A.R.S. § 8-872).

Provisions

1. Requires all parties involved in child placement proceedings to adhere to procedural time limits. (Sec. 1)

2. Prohibits procedural time limits from being waived, extended or continued, unless it is necessary for the full and fair presentation of evidence. (Sec. 1)

3. Specifies that a continuance of a procedural time limit may not be granted if the delay is not in the child's best interest. (Sec. 1)

4. Restricts a continuance beyond 30 days on a finding of extraordinary circumstance. (Sec. 1)

5. Defines extraordinary circumstances. (Sec. 1)

6. Outlines procedure for a motion to extend procedural time limits. (Sec. 1)

7. Prohibits the court from extending the procedural time limit for a total period of more than 60 days, unless the court makes a written finding that evidence exists the additional time is in the child's best interest. (Sec. 1)

8. Authorizes the court to impose sanctions on a party if it is determined that an extension of procedural time limits was due to the party's disclosure violation or lack of due diligence. (Sec. 1)

9. Requires the court to hold a termination adjudication hearing within 90 days after the initial severance hearing if termination of a parent-child relationship petition is contested. (Sec. 2)

10. Removes the option to extend an initial dependency hearing. (Sec. 3)

11. Requires the court to hold a guardianship adjudication hearing within 90 days after the initial guardianship hearing. (Sec. 4)

12. Makes technical and conforming changes. (Sec. 2-4)

13.

14.

15. ---------- DOCUMENT FOOTER ---------

16.                   SB 1079

17. Initials LC/DG       Page 0 House Engrossed

18.

19. ---------- DOCUMENT FOOTER ---------