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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
permanency placement; grandparent; priority
Purpose
Requires, in child permanency proceedings, the court to give priority to permanent placement of a child with the child's grandparent.
Background
Statute requires the court to hold a permanency hearing to determine the future permanent legal status of a child who has been removed from the home by the Department of Child Safety and has not been reunified in a specified amount of time. At the permanency hearing, the court must determine: 1) whether termination of parental rights, adoption, permanent guardianship or some other permanent legal status is the most appropriate plan for the child; 2) whether reasonable efforts have been made to finalize the permanency plan in effect; and 3) what efforts have been made in the permanency plan the place the child with any siblings or to provide frequent visitation or contact.
If the court determines that termination of parental rights or permanent guardianship is clearly in the best interest of the child and the child has been placed in a prospective permanent placement, any action that is inconsistent with the case plan of severance and adoption, including removal of the child from placement, may only occur by order of the court or if the prospective permanent placement requests the child's removal. If a motion to change the case plan or remove the child is filed, the prospective permanent placement must be notified within 15 days before a hearing on the motion. If the prospective permanent placement does not appear at the hearing, the court may not take any action on the motion unless it finds good faith efforts were made to provide a copy of the motion to the prospective permanent placement, who has a right to be heard in the proceeding.
A prospective permanent placement includes: 1) a grandparent or another member of the child's extended family, including a person who has a significant relationship with the child; and 2) a person with an expressed interest in the permanent placement of the child in a certified adoptive home where the child resides, a home that is a permanent placement for a sibling of the child or a licensed family foster home where the child resides (A.R.S. ยง 8-862).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the court, in considering a prospective permanent placement of a child, to give priority to permanent placement with the child's grandparent.
2. Becomes effective on the general effective date.
Prepared by Senate Research
February 17, 2025
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