Selecting the Permanency Goal

Policy

Unless the court finds that aggravating circumstances exist, consideration of permanency goals shall occur in the following order of preference:

• Remain with Family;

• Family Reunification;

• Adoption;

• Permanent Guardianship;

• Another Planned Permanent Living Arrangement (APPLA).

For children receiving in-home services, the permanency goal shall be Remain with Family.

For children receiving out-of-home care services, the initial permanency goal shall be Family Reunification, unless the Department is considering termination of parental rights due to the presence of aggravating circumstances. When aggravating circumstances exist, the Department may propose the initial permanency goal as undetermined.

The Department shall recommend to the court that the permanency goal be changed from Remain with Family or Family Reunification to another option when, following discussion in a case plan staffing, the Department determines that:

• reunification services are contrary to the child’s best interests;

• aggravating circumstances exist; or

• no available services or interventions will enable the family to address the safety and risk factors that prevent the child from living safely at home within a time frame that meets the needs of the child.

Reunification services are not required to be provided if the court finds by clear and convincing evidence that one or more of the following aggravating circumstances exist and relieves the Department of its duty to provide reunification services:

• The child previously was removed, adjudicated dependent due to physical or sexual abuse and, after the adjudication, the child was returned to the parent or guardian and then removed within eighteen months due to additional neglect or abuse.

• A party to the action provides a verified affidavit that states that a reasonably diligent search failed to identify and locate the parent within three months after the filing of the dependency petition or the parent has expressed no interest in reunification with the child for at least three months after the filing of the dependency petition.

• The parent or guardian is suffering from a mental illness or mental deficiency of such magnitude that it renders the parent or guardian incapable of benefiting from the reunification services. This finding shall be based on competent evidence from a psychologist or physician that establishes that, even with the provision of reunification services, the parent or guardian is unlikely to be capable of adequately caring for the child within twelve months after the date of the child's removal from the home.

• The parent or guardian:

  • committed an act that constitutes a dangerous crime against children as defined in A.R.S. § 13-705; or

  • caused a child to suffer serious physical injury or emotional injury.

• The parent or guardian knew or reasonably should have known that another person committed an act that constitutes a dangerous crime against children as defined in A.R.S. § 13-705.

• The parent's rights to another child have been terminated, the parent has not successfully addressed the issues that led to the termination, and the parent is unable to discharge parental responsibilities.

• After a finding that the child is dependent:

  • the child has been removed from the parent on at least two previous occasions;

  • reunification services were offered or provided to the parent/guardian after removal; and

  • the parent/guardian is unable to discharge parental responsibilities.

• The parent or guardian of a child has been convicted of:

  • a dangerous crime against children as defined in A.R.S. § 13-705;

  • murder or manslaughter of a child;

  • sexual abuse, sexual assault or molestation of a child;

  • sexual conduct with a minor;

  • commercial sexual exploitation of a minor;

  • sexual exploitation of a minor;

  • luring a minor for sexual exploitation; or

  • the parent or guardian of a child has been convicted of aiding or abetting or attempting, conspiring or soliciting to commit any of the crimes listed directly above.

• A child who is currently under six months of age was exposed to a drug or substance and the exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional and both of the following are true:

  • the parent of the child is unable to discharge parental responsibilities because of a history of chronic abuse of dangerous drugs or controlled substances; and

  • reasonable grounds exist to believe that the parents' condition will continue for a prolonged or indeterminate period based on a competent opinion from a licensed health care provider with experience in the area of substance abuse disorders.

Concurrent case planning shall occur for all children placed in out-of-home care with a permanency goal of Family Reunification when the prognosis of achieving family reunification is poor and unlikely to occur within 12 months of the child's initial removal.

The Department shall seek a permanency goal of Adoption for children who cannot be reunified with their families, unless a compelling reason to not pursue adoption exists.

The Department shall seek a permanency goal of Permanent Guardianship when:

• the child cannot be reunified;

• adoption has been considered; and

• the child (if age appropriate), family and Department are in agreement that guardianship is in the child’s best interest (for example, to maintain cultural, sibling and/or family connections, or when a child age 12 or older will not consent to adoption.)

The Department shall seek a permanency goal of Another Planned Permanent Living Arrangement (APPLA) only for youth age 16 years and older when family reunification, adoption, and permanent guardianship have been actively pursued by the Department and are determined not attainable prior to the child reaching the age of majority or not in the child’s best interests. When APPLA is the permanency goal, the Department shall enter into a formal agreement with the youth to document the permanent living arrangement.

The Department shall not change the permanency goal previously approved by the court or discontinue reunification services unless ordered by the court. Pending court approval of a change in the permanency goal, the Department shall increase efforts to implement the concurrent plan.