Chapter 5 : Section 13

Petitioning & Finalization

Procedures

Considering a Petition to Adopt

Before recommending a petition for adoption, consider:

• if the child is working through normal issues of adjustment to the adoptive home, including separation and loss, power and control, attachment and bonding:

• if the adoptive family appears able to cope with the child's mechanisms for working out these issues and is committed to addressing and resolving these issues with the child;

• the available support systems to help the adoptive family with future challenges related to the adoption:

• the child or the adoptive family's circumstances that may require expediting the adoption; and

• if applicable, the prospective adoptive parent’s understanding of the legal consequences of proceeding to file the petition to adopt a child where the order terminating parental rights is or may be appealed.

When considering whether to file a petition to adopt when the termination of parental rights order is or may be appealed, obtain approval from your Program Supervisor, Program Manager and AAG’s before proceeding.

When the prospective adoptive parent is the child's step-parent who has been legally married to the child's birth or legal parent for at least one year and the child has resided with the step-parent and parent for at least six months; or, is the adult sibling by whole or half-blood, aunt, uncle, grandparent or great-grandparent and the child has resided with the prospective adoptive parent for at least six months, complete the Social Study Report (in the Legal Documents tab in Guardian), including the results of:

• the state and federal criminal history records check; and

• Central Registry records check, on all adults permanently living in the household.

When the prospective adoptive parent has adopted a child in this state, or was appointed permanent guardian of the child in the preceding three years or is a foster parent licensed by this state, and the child has resided with the prospective adoptive parent for at least six months, complete the Social Study Report (in the Legal Documents tab in Guardian), including:

• the results of the Central Registry records check on all adults permanently living in the household; and

• a review of any material changes in circumstances since the previous adoption, permanent guardianship or license renewal that affect the parent's ability to adopt.

Prospective adoptive parents who reside in Arizona or non-residents who qualify pursuant to ARS § 8-103(B) may file the Petition to Adopt through the Office of the Attorney General, the County Attorney or a private attorney. The Department shall provide all necessary documentation to the selected attorney.

The prospective adoptive parents, in consultation with the attorney and DCS Specialist, will decide whether the Petition to Adopt for a child being adopted in Arizona is filed in the county where the adoptive family resides or in the county where the child is a ward.

Preparing documents for Filing of Petition to Adopt

Consult with the DCS supervisor to determine responsibility for completion of the following activities:

• To obtain the agency's consent for adoption, request, in writing, a signed, witnessed and notarized Consent of Department to Adoption, CSO-1052, from the Program Manager or designee. Send the original and one copy to the courtesy supervision case manager, if applicable.

• To prepare for the filing of the Petition to Adopt, complete, or have the adoptive parents complete, the documents required by the attorney filing the petition, which may include but not be limited to the:

  • Application for Adoption or Adoption Certification Application.

  • Department of Health Services form, VS-5, Certificate of Adoption, parts I and II.

  • Original Consent of Department to Adoption (issued by the Department after the social study report has been completed and the child has been in the adoptive home for six months).

  • Other documentation as required by the attorney or the court.

• If not previously signed, have the adoptive parent(s) sign the completed Adoptive Placement Agreement, CSO-1055A.

• For prospective adoptive parents who are adopting a child when the order terminating the parent-child relationship is or may be appealed, confirm the prospective adoptive parents have read and understand the legal consequences should the appeal be granted and the adoption decree overturned as described in the Adoptive Placement Agreement.

When the Department has been requested to consent to an adoption and the DCS Specialist assesses that adoption by the family is not in the child’s best interests, the DCS Specialist shall document their specific reasons for this assessment. The DCS Specialist shall consult with their Program Administrator or designee to determine if the Department should consent to the adoption. If the decision is to not consent, the DCS Specialist shall immediately notify the Assistant Attorney General. NOTE: The court may waive the Department’s consent if the court determines, after a hearing on actual notice to all persons who may be adversely affected, that waiving the requirement is clearly in the child’s best interest.

Preparing Finalization Documentation

To prepare for the finalization of the adoption petition:

• For step-parents and specified relatives, ensure the state and federal criminal history records and Central Registry records clearance of child abuse and neglect reports and history on all adults permanently living in the household are current within the last year. Do not complete a state and federal criminal records check on a birth or legal parent who has custody of the child to be adopted.

• For former Arizona adoptive parents, Arizona licensed foster parents and permanent guardians, complete a review of any material changes in circumstances that affect the prospective adoptive parent's ability to adopt since the parent's adoption certification or foster parent license renewal or permanent guardianship.

For all prospective adoptive parents, complete the Social Study Report (in the Legal Documents tab in Guardian.) NOTE: Social Study part 2 is not intended to be a substitute for the 10-day report to the court for any adoption.

Submit the following documents to the court and the Office of the Attorney General, ten days prior to the hearing on the Petition to Adopt.

• When the prospective adoptive parent is the child's step-parent who has been married to the child's natural or legal parent for at least one year and the child has resided with the step-parent and parent for at least six months; or is the adult sibling by whole or half-blood, aunt, uncle, grandparent or great-grandparent and the child has resided with the prospective adoptive parent for at least six months submit:

  • Social Study Report;

  • Verification of the state and federal criminal history records check (within the last year) or a valid level one fingerprint clearance card sent to the court;

  • Results of the current Central Registry records check;

  • Arizona State Department of Health Services form VS-5, Certificate of Adoption;

  • Communication Agreement, if applicable; and

  • Addendum Report to Juvenile Court, if applicable.

• When the prospective adoptive parent has adopted a child in this state, or was appointed permanent guardian of the child in the preceding three years or is a foster parent licensed by this state, and the child has resided with the prospective adoptive parent for at least six months, submit:

  • Social Study Report;

  • Results of the current Central Registry records check;

  • Arizona State Department of Health Services form VS-5, Certificate of Adoption;

  • Communication Agreement, if applicable; and

  • Addendum Report to Juvenile Court, if applicable.

• For all other prospective adoptive parents, submit the following:

  • the Social Study Report;

  • Communication Agreement, if applicable;

  • Arizona State Department of Health Services form VS-5, Certificate of Adoption; and

  • Addendum Report to Juvenile Court, if applicable.

If the prospective adoptive parent retained an attorney to file the Petition to Adopt, send the above documents as applicable, excluding the results of the state and federal criminal history records check and the Central Registry records check, to the attorney.

After the Petition to Adopt has been filed, provide written notification of the date, time and location of the hearing on the petition to the adoptive parents.

If the adoptive family has applied for Adoption Subsidy, confirm the application was received by the Adoption Subsidy unit. If Adoption Subsidy has been approved, ensure that there is a signed Adoption Subsidy agreement prior to finalization of the adoption.

Submit the Social Study Report to the Juvenile Court no less than ten (10) days before the scheduled final adoption hearing.

24 hours prior to the final adoption hearing, conduct a check of the Guardian database to determine if there are any open DCS investigations on the prospective adoptive family.

Attend the final hearing and testify, as required.

If necessary, facilitate the sharing of identifying information between the adoptive and birth parents. See Safeguarding Case Records.

If a child has been in the adoptive home for nine months or longer and a Petition to Adopt has not been filed, unless extenuating circumstances exist, convene a case conference to discuss reasons for the delay. Participants should include the Program Supervisor, Program Manager, or designee and others who are involved with the case. The purpose of the case conference is to discuss the reasons for the delay and to develop a plan to address identified issues. The plan should include the identification of specific services or supports that are to be provided, dates those are to begin, and a projected date for review of the plan and progress that has been made.

Finalization

End the child’s removal in Guardian, as well as other DCS services, including child care.

Ensure that the dependency is dismissed.

Notify the Assistant Attorney General and FCRB that the adoption is final.

Submit a copy of the Order of Adoption showing the finalization date to the assigned Adoption Subsidy Specialist.

For Indian children subject to the Indian Child Welfare Act, follow procedures in Termination of Parental Rights and Adoption of an Indian Child.

After the final Order of Adoption and the dismissal of dependency is received, close the case record in Guardian within two days. Route the hard copy records to closed records.

If the adoptive parent elects to remain on the Adoption Registry, add the adopted child in the Contacts tab in the Provider record.

If the adoptive parent elects not to remain on the Adoption Registry, update the Provider record to reflect this, and end any services in Guardian. Send a letter to the family notifying them that their case record has been closed.

Documentation

Document the date the packet was sent to the Office of the Attorney General, the county attorney or the attorney representing the prospective adoptive parent in Notes.

File a copy of the packet documents in the child's hard copy record.

File a copy of the notification letter sent to the prospective adoptive parents in the child’s hard copy case record.

Effective Date: February 1, 2021

Revision History: November 30, 2012, August 6, 2016, October 17, 2016, July 03, 2018, November 20, 2017, August 27, 2019