Dependency

What is a Dependency?

Any interested party may petition the Juvenile Department to determine dependency when concerns about a child’s safety or well-being arise (A.R.S. § 8-841). The Department of Child Safety (DCS) may remove a child from the custody of his/her parent by consent of the parent/guardian, through a court-authorized removal issued by the Superior Court of Arizona that finds probable cause for the removal, or by exigent circumstances (A.R.S. § 8-821). Each parent/guardian has a right to contest the dependency and family reunification is the primary goal in most cases.

The Court must set an initial hearing within 5 to 7 days if a child is removed from the parent/guardian’s care or within 21 days if the child is not removed.

Specialty Courts

Family Treatment Court (FTC) is a problem-solving court that provides an avenue to support reunification for parents who have struggled with substance abuse issues, and who have become involved with the juvenile dependency process.

What is ICWA?

The Indian Child Welfare Act (ICWA) was passed into Law in 1978, designed to protect American Indian and Alaska Native children in child welfare systems. The ICWA law sets protection to support native children remain connected to their families, sacred cultures, and communities. Compliance with ICWA is mandatory, ICWA applies when there is a child custody proceeding involving an Indian child (25 U.S.C. § 1903 [2012];25 C.F.R. § § 23.2, 23.103 [2016]).

ICWA Court in Maricopa County

The ICWA Court was established in the Superior Court of Arizona in Maricopa County in August 2022 to streamline our court’s handling of ICWA matters. Prior to that time, ICWA cases were dispersed amongst 17 Judicial Officers who held a caseload of 200-300 dependency cases. The ICWA Court now has one dedicated Judicial Officer trained in best practices who handles all ICWA or likely ICWA cases. The ICWA Court seeks to increase compliance with ICWA standards and facilitate collaboration with tribes and child welfare to meet our shared goal of improving outcomes for native families in child welfare cases.

Mission Statement

The ICWA Court in Maricopa County is committed to upholding the gold standard of child welfare practice by embracing the Indian Child Welfare Act (ICWA) through active, ongoing collaboration with tribal entities, community partners, and with Native families. This Court seeks to preserve and protect cultural identity and tribal connections while respecting tribal sovereignty.

Resources

https://dcs.az.gov/parents/indian-child-welfare-act-icwa
https://itcaonline.com/
https://www.nicwa.org/about/
https://www.bia.gov/bia/ois/dhs/icwa

STRENGTH Court exists to provide a coordinated, multidisciplinary, and person-centered response to youth in the child welfare or delinquency systems who have been sex trafficked. STRENGTH stands for “succeed through resilience – empower new growth through hope.” STRENGTH Court values youth voice and is voluntary. Youth speak directly with a Judicial Officer, and a multi-disciplinary team supports the youth in reaching their goals.

Programs

Court-Appointed Special Advocate (CASA)

CASA volunteers research records and monitor the progress of the children and family throughout a dependency case and advocate for the children’s current and future needs in court, school, and agency meetings. A CASA volunteer’s independent evaluation allows the court to make better-informed decisions.

Community Coordination

Community Coordinators are referred on dependency cases when barriers to service provision for the child and family are identified during the court process. As non-judicial liaisons for the Bench, Community Coordinators assist with the identification and resolution of singular and systemic barriers.

Court Orientation for Dependent Youth (CODY)

CODY is an opportunity for youth with an open dependency case to come to court and meet all the players in the Dependency court process and ask questions.

Conciliation Services

We are a team of child welfare professionals tasked with facilitating problem-solving events for the court.

Cradle to Crayons (C2C)

Is a multi-level approach modeled after the Zero to Three Safe Babies model which applies the science of early childhood development to meet the urgent needs of infants and toddlers under court jurisdiction, focusing on system change and utilizing a strength-based practice to support and increase child and family well-being. In Maricopa County, the C2C approach is applied to dependency cases where at least one child in the family is under the age of three years at the time the dependency petition is filed.

Reach for Resilience (R4R)

R4R has two program components with a focus on supporting victims of domestic violence and trafficking. R4R Domestic Violence has a Program Specialist who is assigned to support parents who have open dependency cases and have been victims of domestic violence. The Program Specialist meets with the parent to engage the parent in services, form a professional relationship, identify barriers to successful outcomes, and ensure the parent's voice is heard. R4R STRENGTH has a Program Specialist and an Education Specialist who are assigned to support youth who are a part of the STRENGTH calendars and have been identified as victims of trafficking. The Program Specialist engages with the youth to build professional relationships and identify needs and barriers to successful outcomes. The Program Specialist collaborates with the youth's team and attends case staffing facilitated by other team members or facilitates collaborative staffing if one is not already occurring.

Dependency Caseflow

Dependency Caseflow (PDF)

Dependency Caseflow Spanish (PDF)

Beginning of Case

This is a mandatory meeting of all parties to the dependency action and other interested persons as permitted by the court and is held immediately before the preliminary protective hearing. The purpose of the conference is to attempt to reach an agreement about temporary custody and placement of the child, services to be provided to the child, parent or guardian, and visitation of the child. The availability of reasonable services to the parent or guardian shall be considered. The child's health and safety shall be a paramount concern. The PPC is run by the Conciliation Services team.

This hearing is held on each case, no less than five and not more than seven working days, excluding Saturdays, Sundays and state holidays, after the child is taken into custody and a dependency petition is filed. The court may grant one continuance not to exceed five days. The purpose of the hearing is to determine whether temporary custody of the child is clearly necessary to prevent abuse or neglect pending the hearing on the dependency petition. The court will receive any agreement reached at the pre-hearing conference. The parent or guardian is advised of their rights and will admit or deny the allegations in the petition. The court will determine if reasonable efforts were made to prevent or eliminate the need for removal of the child and if services are available that would eliminate the need for continued removal. The court will enter orders regarding the child's placement and visitation, if the child is not returned to the parent or guardian. The court will order the Department to make reasonable efforts to provide reunification services unless the court finds that the provision of such services is contrary to the best interest of the child. The court will inform the parent or guardian that the hearing may result in further proceedings to terminate parental rights. The court will give paramount consideration to the child's health and safety in making determinations.

The initial dependency hearing must be held within 21 days of the date on which the dependency petition was filed as to a parent or guardian, not present at the preliminary protective hearing. An initial dependency hearing is not held as to a parent or guardian who denies the allegations at the preliminary protective hearing. At the initial hearing, the parent or guardian is advised of their rights and will admit or deny the allegations in the petition. The court will determine if reasonable efforts were made to prevent or eliminate the need for continued removal of the child and if services are available that would eliminate the need for continued removal. Unless the court finds reunification is contrary to the best interests of the child, the court will order the Department to make reasonable efforts to provide reunification services, if the child is not returned to the parent or guardian. The court may stay the proceeding and order In-Home Intervention.

Middle of Case

The settlement conference or mediation is set when the parent or guardian denies the allegations in the petition and must occur prior to the pre-trial conference or dependency adjudication hearing. All parties to the contested action must participate in the settlement conference or mediation. The purpose of the settlement conference or mediation is to attempt to settle the issues of dependency and disposition in a non-adversarial manner and to avoid a trial. Any agreement reached is reduced to writing and submitted to the court for approval.

This hearing must be completed within 90 days of service of the dependency petition on the parent or guardian. If critical circumstances exist, the court may extend this deadline by 30 days. At this hearing, the court determines whether the allegations of dependency are sustained by a preponderance of the evidence. If the allegations are sustained, the court may either proceed with a disposition hearing or set the disposition hearing within 30 days.

This hearing must be held at the same time or within 30 days of the dependency adjudication hearing. The purpose of this hearing is to obtain specific orders regarding the child's placement, services, and appropriateness of the case plan. The court considers the goals of the placement, appropriateness of the case plan, services that have been offered to reunify the family, and the efforts that have been or should be made to evaluate or plan for other permanent placements. If the court does not order reunification of the family, the court shall order a plan of adoption or other permanent plan that is in the child's best interest.

These hearings (also known as periodic review hearings) are held at least once every six months after the disposition hearing to review the dispositional orders of the court. They may be either contested or uncontested.

This hearing is held: within 30 days of the disposition hearing if reunification services were not ordered; or within 12 months of the child's removal from the home; or for children under three years of age, within six months of the child's removal from the home.

The court will determine the permanent plan for the child and order the plan to be accomplished within a specified period of time. If the court finds that termination of parental rights or permanent guardianship is in the child's best interest, the court will order a motion to terminate parental rights or for permanent guardianship be filed within ten days.

End of Case

This hearing is held within 30 days after the permanency hearing. If the permanent guardianship is contested, the court shall set a date for the trial on the motion for permanent guardianship within 90 days after the permanency hearing. At this hearing, the court determines whether the prospective guardian is a fit and proper person to become a permanent guardian and whether the best interests of the child would be served by granting the permanent guardianship.

The hearing is held within 30 days of the permanency/review hearing or when the court orders the filing of the motion to terminate parental rights. If the parent contests the motion, the court must set a date for trial within 90 days of the permanency/review hearing. If the petition to terminate parental rights is contested, only those the judge finds to have a direct interest in the case will be permitted to attend the termination adjudication hearing.