Chapter 2 : Section 9

Temporary Custody

Procedures

Temporary Custody

Temporary custody of a child may be necessary if the child has been determined to be in present or impending danger and:

• there is no less intrusive alternative to taking temporary custody of the child that would reasonably and sufficiently protect the child’s health or safety; or

• the child is suspected to be a victim of a sexual offense or an offense involving a serious physical injury that can be diagnosed only by a physician or licensed health care provider that has specific training in forensic evaluations of child abuse.

When removal from the parent or guardian is necessary to ensure the safety of a child, the options for obtaining temporary custody include the following:

• the child’s parent or guardian consents to placing the child in the temporary custody of the Department;

• a dependency petition is filed and temporary orders from juvenile court place the child in the temporary custody of the Department;

• a court order authorizing temporary custody is obtained from the Initial Appearance court; or

• a Temporary Custody Notice (TCN) is served without obtaining court authorization to protect the child because exigent circumstances exist.

Any child taken into temporary custody shall be returned to their parent or guardian within 72 hours, excluding weekends and holidays, unless a dependency petition is filed or the parent or guardian enters into a Voluntary Placement Agreement with the Department. Refer to Out-of-Home Dependency and Voluntary Placement for more information.

Engage the child's family, including a parent who resides in another household if applicable, to the greatest extent possible in discussions about the child's safety and planning for voluntary interventions that minimize intrusion in the life of the family. Refer to Present Danger Assessment and Planning, and Safety Planning for more information.

When taking temporary custody of a child, the DCS Specialist shall:

• advise the parent or guardian of the specific reasons why the child is being taken into temporary custody;

• request the names, locations, and contact information of:

  • adult relatives of the child;

  • significant others in the family network;

• ask about the child’s medical (including allergies), educational, social, behavioral health, nutritional, and developmental needs;

• obtain prescription medication(s) and the child’s clothing;

• explain to the child what is happening, in a developmentally appropriate manner and in a private area, if possible, including:

  • why the child is being removed,

  • what the child can expect will happen in the next few hours to the next few days,

  • when the child will next see or speak to the parent(s), if known; and

  • if the child is part of a sibling group that will be separated, where the siblings will be and when the child will next see or speak to them;

• give the child an opportunity to ask questions; and

• provide all parents and guardians with required documents.

Obtain medical information about the child from the parent, guardian, and/or custodian including:

• whether the child has a medical need, allergies, or chronic illness that requires special care or treatment; and

• the name and telephone number of the child's physician.

If possible, obtain the parent's, guardian's, or custodian's authorization to provide emergency medical care for the child. If the parent, guardian or custodian refuses or is unavailable, consult with a DCS Program Supervisor regarding authorization for procedures.

If the child has a medical need or chronic illness, make reasonable efforts to contact the child's physician or the physician who most recently examined or treated the child to:

• confirm the diagnosis of the medical need or chronic illness; and

• obtain information on the daily care and treatment required to meet the child's medical need or chronic illness.

Obtain information about relatives, kin, and others who have a significant relationship with the child who may be able to be a caregiver for the child. See Present Danger Assessment and Planning, and Kinship Care for information on assessing and placing with a kinship caregiver.

Parent or Guardian Consent

If a parent or guardian provides consent for their child to be placed in the temporary custody of the Department, court authorization to remove the child is not required.

The DCS Specialist shall explain to the parent or guardian providing consent for the Department to take temporary custody of the child that consent is being given to the following:

• the child will be placed out of their custody with a:

  • licensed out-of-home caregiver,

  • adult relative, or

  • person with a significant relationship with the child;

• limitations may be placed on the parent or guardian’s care, custody, and control of the child, including limitations on contact; and

• there will be on-going intervention by the Department including, but not limited to, an assessment of child safety and development of a family-centered case plan, if applicable.

Unless the parent or guardian is entering into a Voluntary Placement Agreement with the Department, a TCN must be provided to the parent or guardian. See below for more information regarding serving a TCN.

Dependency Process

Temporary custody of a child may be obtained or continued through the filing of a dependency petition:

• with consideration of weekends and holidays, if there is sufficient time to obtain temporary orders before the expiration of the existing plan that is managing child safety if the conclusion reached at the end of a Family Functioning Assessment is:

  • the child is in impending danger,

  • the in-home safety analysis reveals that the child’s safety is unable to be managed in the home (refer to Safety Planning for more information), and

  • there is currently a plan (e.g. Present Danger Plan, Safety Plan, or Voluntary Placement Agreement) that is sufficiently managing child safety and is sustainable until the dependency petition is filed and temporary orders are received; or

• within 72 hours of serving the TCN.

When the court has granted a dependency petition and temporary orders are received from the juvenile court, serve all parents and guardians with a copy of the temporary orders signed by the juvenile court judge. If a parent cannot be identified or located, arrange for service by publication in the newspaper to occur at least five days prior to the dependency hearing. See Locating Missing Parents and Family for Notification.

Court Authorization from the Initial Appearance court

The DCS Specialist shall submit, under oath to the court, an application for authorization to take temporary custody of a child when the child is in present or impending danger unless:

• a parent or guardian consents to the Department taking temporary custody of the child;

• a less intrusive plan is sufficient to manage threats to the child’s safety;

• the child is already a temporary or adjudicated court ward in a dependency matter; or

• exigent circumstances exist. See Exigent Circumstances below.

The DCS Specialist or DCS Program Supervisor shall submit a written application utilizing the Juvenile Access Communication Exchange (JAX) web portal. The application must state:

• the professional qualifications of the DCS Specialist or DCS Program Supervisor who is submitting the application;

• specific present danger condition(s) or impending danger threat(s) for each child listed on the application;

• circumstances that require temporary custody including a detailed account of circumstances and supporting facts;

• specific reasons why a less intrusive option is not feasible or sufficient to manage the safety of the child in the home and why remaining in the home is contrary to the child's welfare; and

• the identity and description of each child to be placed in temporary custody, including if there is reason to know if the child is an Indian child. See Removal and Temporary Custody of an Indian Child.

In addition to the information required above, the application must also explain facts that demonstrate probable cause exists to believe temporary custody of the child is clearly necessary to protect the child from suffering abuse or neglect, and remaining in the child’s current home is contrary to the welfare of the child.

For any child believed to be an Indian child or ICWA eligible the facts stated must support a finding that temporary custody is necessary to prevent imminent physical damage or harm to the child. See Removal and Temporary Custody of an Indian Child.

As soon as possible after receipt of a written application, a judicial officer will consider the application. The judicial officer may question the DCS Specialist and/or DCS Program Supervisor who submitted the application. Any additional information requested shall be submitted in writing by the DCS Specialist or DCS Program Supervisor.

In the event the online application is inoperable, complete the Juvenile Removal Offline Form and fax the completed form to the Initial Appearance (IA) court at (602) 253-2645. Include a return fax number to receive the order of approval or denial.

If the JAX web portal and the fax system cannot be used, telephone the IA court at (602) 372-9421 and provide the information required in the application verbally. Contact the IA court directly if there are any problems with the submission of an application.

Upon receipt of an approved order, the Department may:

• execute the order (remove the child(ren) included in the order) within 10 calendar days of the issuance of the order; or

• elect to not execute the order if:

  • additional information or circumstances indicate temporary custody is no longer necessary to protect the child; or

  • circumstances have changed and a less intrusive plan will be sufficient to manage any threats to the child's safety.

The temporary custody authorized by the order will expire 72 hours after the execution of the order, excluding weekends and holidays, unless a dependency petition is filed or the parent or guardian enters into a Voluntary Placement Agreement with the Department.

If the judicial officer denies the application:

• immediately contact the Program Manager and consult with the Attorney General’s Office to determine if independent grounds exist to file a dependency petition with the juvenile court; and

• send an e-mail to CourtAuthorizedRemovals@AZDCS.gov with the child(ren)’s name, person number, assessment number and the information contained in the application.

When executing the court order authorizing the removal of the child, provide the parent or guardian a TCN, a printed copy of the application for court authorization, and the order signed by the judicial officer.

If the disclosure of the application for court authorization and the order signed by the judicial officer would cause specific material harm to a DCS or criminal investigation, only provide a copy of the TCN to the parent or guardian. Upload all documents as Artifacts in Guardian and document the specific reasons why disclosure of the application and order would cause specific material harm.

If a dependency petition is filed, the application and order for temporary custody must be filed with the petition, in addition to the TCN. Notify the Duty Attorney General at the time of filing the dependency petition if specific material harm concerns continue to exist regarding the disclosure of the application and order. See Safeguarding Records and Records Request.

Serving a TCN under Exigent Circumstances

Exigent circumstances exist when there is probable cause to believe that the child is likely to suffer serious harm in the time it would take to obtain a court order for removal and either of the following is true:

• There is no less intrusive alternative to taking temporary custody of the child that would reasonably and sufficiently protect the child’s health or safety (See Present Danger Assessment and Planning and Safety Planning), or

• The child is suspected to be a victim of a sexual offense or an offense involving a serious physical injury that can be diagnosed only by a physician or a health care provider who is licensed and has specific training in forensic evaluations of child abuse.

If exigent circumstances exist, the child may be taken into temporary custody without prior court authorization. The DCS Specialist shall provide each parent, guardian, and/or custodian a copy of the TCN and/or Notice of Removal. See below for more information regarding serving a TCN and/or Notice of Removal.

A child who is taken into temporary custody for a medical examination must be returned to their parent or guardian within 12 hours unless the examination reveals abuse. If the examination reveals abuse, the DCS Specialist will notify the parent or guardian if the child will not be returned within the 12-hour period.

If the examination reveals abuse and the child will not be returned within the 12-hour period, make the following determinations within 72 hours of serving the TCN:

• Whether or not a less intrusive plan would be sufficient to manage the child’s safety in the home, and

• Whether or not a dependency petition will be filed.

When the DCS Specialist suspects that abuse has occurred, but a physician or other health care provider is unable to confirm the abuse, or the DCS Specialist has received differing or conflicting medical opinions from the same or different physicians regarding the diagnosis or specific medical finding(s), the person records (including all medical opinions) should be reviewed within 48 hours with:

• a physician who has substantial experience and expertise in child abuse diagnosis, or

• a multidisciplinary team (including a physician who has substantial experience and expertise in child abuse diagnosis, any attending physician, the DCS Specialist and the DCS Program Supervisor).

The DCS Specialist will base the intervention on the most serious diagnosis if a multidisciplinary team or expert medical consultation is unavailable.

If a multidisciplinary team or expert medical consultation is unavailable in your area, consult with a DCS Program Supervisor and have the DCS Program Supervisor or Program Manager contact the DCS CHP Chief Medical Officer at 602-351-2245.

Notice of Temporary Custody

If a child is taken into temporary custody when the parent or guardian is not present, the DCS Specialist must attempt to notify the parent or guardian immediately either in person or by phone.

The DCS Specialist must provide verbal and written notification of the removal to all parents or guardians within six hours unless the:

• Parent or guardian is present when the child is taken into custody. In this case, written and verbal notice shall be provided immediately.

• Parent or guardian resides or is incarcerated out-of-state and notice cannot be provided within six hours. In this case, written notice must be provided within 24 hours.

• Address and location of the parent or guardian is not known. If the address and location of the parent or guardian is unknown, do the following to locate and notify the parent or guardian of the child as soon as possible;

  • if the address cannot be obtained, initiate a search for missing parent with the Arizona Parent Locator Service (see Locating Missing Parents and Family for Notification),

  • make reasonable efforts to obtain the parent or guardian's address by contacting relatives, friends, and/or employers.

When notification must occur in writing, the DCS Specialist shall deliver or express mail the following to the parent or guardian:

• Temporary Custody Notice, CSO-1000A;

• A copy of the application and court order authorizing removal, if applicable; and

• A Guide to the Department of Child Safety, CSO-1010A.

If the parent or guardian is not available and the place of employment is known, the DCS Specialist will discreetly state that they’re with DCS, leave their name, phone number, and request a return call.

The DCS Specialist shall execute the TCN by doing the following:

• Complete the Temporary Custody Notice, noting the following information on the form:

  • the specific danger threat(s) that are the reason for temporary custody;

  • select how temporary custody was obtained (Parent or Guardian Consent, Court Authorized, or Exigent Circumstances);

  • the services available to the parent or guardian, including a statement of parental rights and information on how to contact the DCS Ombudsman and the Arizona Ombudsman-Citizens' Aide offices and an explanation of the services that office offers;

  • the date and time when the child was taken into custody, as well as the name and telephone number of the assigned DCS Specialist and Program Supervisor; and

  • if available, record the date, time, and place of the Preliminary Protective hearing on the TCN.

• Explain to the family what will happen next, and when they can expect to hear from the DCS Specialist again.

• If serving the parent or guardian in-person, request they sign the TCN. If they decline to sign, record “Declines to Sign” on the signature line.

• If the date, time, and place of the Preliminary Protective Hearing are not available at the time the TCN is served, provide written notice of this information to the parent, guardian and/or custodian within 24 hours of filing the dependency petition.

The DCS Specialist must send a copy of the TCN to:

• any divorced or non-custodial parent, regardless of the specific arrangements of the custody agreement; and

• any person alleged to be the child's father, whether or not his name appears on the birth certificate and whether or not allegations that they are the father are confirmed.

Notice of Removal

If the child was removed from a setting other than the home of a parent, guardian, and/or custodian, complete the Notice of Removal, CSO-1039A. Give one copy to an appropriate individual at the place of removal. Proceed with verbal and written notice of parents, guardians and/or custodians.

The following reasons may require removal of a child without caregiver knowledge:

• immediate need for a medical examination;

• provision of emergency out-of-home living arrangement due to present danger to the child; or

• identity or whereabouts of caregiver are unknown.

Emergency Removal of Court Wards

Children who remain in their homes

Court authorization to take temporary custody is required to remove a child who is a temporary or adjudicated dependent court ward under an in-home dependency and is currently in the care of their parent or guardian from the juvenile court with current jurisdiction over the child.

Unless emergency circumstances exist, prior to taking temporary custody of the child submit a worksheet to the Attorney General’s office requesting a motion for removal using the Motion for Change of Physical Custody.

If emergency circumstances exist that require a child who is a temporary or adjudicated dependent court ward to be removed from the home of their parent or guardian the DCS Specialist shall:

• provide a Notice of Removal to the parent or guardian and make reasonable attempts to notify all parents/guardians of the child, and the child’s tribe (if applicable),

• inquire about any family or kin who may be a potential caregiver, and

• schedule a Team Decision Making (TDM) meeting as outlined in Team Decision Making.

If the child will not be returning to the parent or guardian, immediately contact the assigned Assistant Attorney General (AAG) and submit a motion for removal using the Motion for Change of Physical Custody to the juvenile court.

Children placed in out-of-home care

If a child who is already in the temporary custody of the Department or is already adjudicated dependent must be removed from a licensed foster home or kinship caregiver to protect the child from harm or risk of harm, the DCS Specialist shall:

• provide a Notice of Removal to the current out-of-home caregiver of the child,

• make reasonable attempts to notify all parents and guardians of the child, and the child’s tribe (if applicable), and inquire about any family or kin who may be a potential caregiver, and

• schedule a TDM meeting or Child and Family Team meeting as outlined in Team Decision Making.

If removing a child from a licensed foster home and the licensed foster parent disagrees with the plan to move the child, follow procedures in Caregiver Stability for Children in Out-of-Home Care including the Foster Home Transition Conference.

If the child will not be returning to the licensed foster home, contact the assigned AAG and submit a Motion for Change of Physical Custody to the juvenile court within 10 days of the emergency removal of the child from the home.

Supervisor Approval

A discussion with the DCS Program Supervisor and approval is required prior consulting with the Program Manager about taking temporary custody of any child. For additional information, see Providing Strength-Based Supervision.

Program Manager Approval

The DCS Program Manager, or designee, approval is required prior to removing any child. Following the supervision discussion, the DCS Program Supervisor shall contact the DCS Program Manager, or designee, for consultation to obtain approval prior to the removal of any child. The DCS Program Manager shall assign a designee when they will be unavailable at any time for any reason.

In exigent circumstances, a child may be removed without prior consultation if failure to do so would be a danger to the child. Notify and consult with the DCS Program Manager or designee once the child is safely removed.

Documentation

Any time a child is removed from the care of their parent or guardian, provide each parent and guardian a copy of the TCN and/or Notice of Removal unless temporary custody was obtained or already exists through a dependency petition. Documentation shall include verbal and written notification of and reason for the child's removal to the parent, guardian, or custodian and the parent, guardian or custodian's response to the TCN. Upload all documents as Artifacts in Guardian.

If temporary custody was obtained through the IA court, in addition to providing a TCN, provide each parent or guardian a copy of the application and signed court order authorizing temporary custody, unless it would cause specific material harm to a DCS or criminal investigation. Upload all documents as Artifacts in Guardian.

If court authorization was obtained, file a copy of the TCN, the application and a copy of the signed order authorizing temporary custody in the hard copy record. Upload all documents as Artifacts in Guardian.

If court authorization was not obtained, document the circumstances under which the parent or guardian consented or the exigent circumstances that were present at the time of the emergency removal. Upload the TCN and/or Notice of Removal as an Artifact in Guardian. File a copy of the TCN and/or the Notice of Removal in the hard copy record.

When a child is taken into temporary custody, complete the Legal Action and following Removal Details in Guardian:

• Removal Reasons;

• Deprivation Factors;

• Household of Removal; and

• Legal Status.

Upload the Present Danger or Safety Plan in Guardian, if not created in Guardian.

Document in Notes all efforts and contact with potential kinship caregivers, including the results of DPS criminal history records and Central Registry checks, as outlined in Kinship Care.

If a dependency petition is filed after a child has been taken into temporary custody, a copy of the TCN and if applicable, the application and court order authorizing temporary custody must be filed with the petition.

File one copy of the notice of the date, time and place of the Preliminary Protective hearing in the hard copy record if the date, time and location of the hearing was not available at the time the TCN was served and as an Artifact in Guardian.

Submit the Report to the Juvenile Court for Preliminary Protective Hearing and/or Initial Dependency Hearing as described in Court Reports. This report must be submitted to the juvenile court no later than 24 hours before the hearing.

Document the child's out-of-home living arrangement by following the procedures outlined in Placement Needs of Children in Out-of-Home Care and Foster Care Rates Allowances and Payments.

Document the child's medical need or chronic illness, the daily care and treatment required to meet the child's medical need or chronic illness, examination and child's physician information in Guardian.

If applicable, include reasonable efforts to contact the child's physician or the physician who most recently examined or treated a child who has a medical need or chronic illness in Notes

Effective Date: March 29, 2022

Revision History: November 30, 2012, September 13, 2013, February 4, 2015, July 7, 2018, August 6, 2016, June 24, 2019, February 1, 2021, September 28, 2021