Chapter 5 : Section 25

Guardianship: Permanency Planning

Procedures

Obtain approval from the DCS Program Supervisor for a permanency goal of guardianship.

Obtain approval of the DCS Program Administrator for an expedited (pre-adjudication) permanent guardianship of a child under age seven, and approval of the DCS Program Manager for an expedited (pre-adjudication) permanent guardianship of a child age seven or older.

Discuss the characteristics of guardianship with the prospective permanent guardian, ensuring that the guardian understands the legal, and parental responsibilities being undertaken.

If a parent's whereabouts are unknown, and attempts have been made to locate but were unsuccessful, complete the DCS Family Locate referral and email to Family Locate.

Refer children and prospective permanent guardians to the Attorney General's Office for legal services using the Referral for Guardianship, CSO-1065. The Attorney General's Office is responsible for assisting the DCS Specialist in determining whether requirements for permanent guardianship have been met.

Inform prospective permanent guardians of the requirements to complete a home study including fingerprinting and a Department of Child Safety (DCS) records search.

If not already completed, ensure that the prospective permanent guardian and all persons 18 and older permanently living in the household:

• furnish either a valid fingerprint clearance card or a full set of fingerprints;

• have a state and federal criminal history records clearance within the past year; and

• have a current DCS records check that includes a search of Guardian.

Conduct a home study of the prospective permanent guardians to ascertain the appropriateness of the home using the Report to Juvenile Court for Permanent Guardianship, found in Legal Documents in Guardian. Submit the report of the home study to the juvenile court and all parties prior to the hearing.

If the prospective permanent guardian lives out-of-state, take these additional steps:

• Inform prospective permanent guardians that the motion for guardianship may be filed where the child resides or in the county where the child is a ward. The laws of the state in which the guardianship is granted apply to the child and the family.

• Inform the prospective permanent guardian, who resides out-of-state, that guardianship subsidy is available only for permanent guardians appointed through juvenile court in Arizona.

• Make referrals for guardianship for children who are Arizona court wards placed in another state through the Interstate Compact on the Placement of Children (ICPC).

• Receive ICPC approval of the prospective permanent guardian's home, prior to submitting the Referral for Guardianship. Confirm that fingerprinting and the home study requirements are completed prior to a referral for legal services to the Attorney General's Office.

Provide the following information to the Attorney General's Office for incorporation into the petition:

• the name, sex, residence, and date and place of birth of the child;

• the facts and circumstances supporting the grounds for permanent guardianship;

• the name and address of the prospective permanent guardian;

• the date of placement with the prospective permanent guardian;

• a statement that the prospective permanent guardian agrees to accept the duties and responsibilities of guardianship;

• the relationship of the child to the prospective permanent guardian;

• the basis for juvenile court's jurisdiction;

• the names, addresses, marital status, and dates of birth of the birth parents, if known; and

• whether the child is subject to the Indian Child Welfare Act (ICWA) of 1978

• If the child is an Indian child as defined by the ICWA, provide the following additional information:

• the tribal affiliation of the child's parents;

• the actions taken to notify the parents' tribe(s) of the plan of permanent guardianship and the result of those contacts (including names, addresses, titles, telephone numbers of persons contacted and copies of any correspondence with the tribe); and

• the efforts made to comply with the placement preferences under ICWA.

Provide the Attorney General's Office with sufficient information to enable them to notify the following individuals of the filing of the guardianship petition, including:

• the parents of the child (excluding a parent who relinquished parental rights or whose parental rights are terminated);

• the foster parents with whom the child is currently residing;

• the child's current physical custodian;

• any foster parents with whom the child has resided within six months before the date of the hearing;

• the prospective permanent guardian if the guardian is not the current physical custodian;

• any person appointed to represent a party (including the child's attorney and guardian ad litem);

• any parent, Indian custodian and tribe of an Indian child as defined by the Indian Child Welfare Act of 1978; and

• any other person that the juvenile court orders.

Forward the completed Referral for Guardianship, to the Attorney General's Office with the following:

• report to Juvenile Court for permanent guardianship including Attachments;

• acceptance of the Duties and Responsibilities of Guardianship;

• results of criminal history records check, state and federal;

• child's birth certificate;

• parent's death certificate, if applicable; and

• written correspondence to and from the tribes regarding the plan of permanent guardianship.

If the guardianship involves a child placed out-of-state, forward a copy of the home study with the cover memo. Keep one copy in the child's record.

If a motion for guardianship is made for a child subject to a pending dependency not filed by the Department, the Department may investigate the allegations in the dependency petition and notify the court about its position regarding the motion for permanent guardianship. When the Department objects to the motion, the Department may join the petition, file its own petition, or take another course of action necessary to ensure the safety of the child.

Documentation

Document the selection of Guardianship as a permanency goal in the Case Plan in Guardian.

Document the appropriateness of pursuing a plan of permanent guardianship through completion of the Permanent Guardianship Checklist and place in the hard copy file.

Document the appropriateness of pursuing an expedited permanent guardianship through completion of the Permanent Guardianship Checklist and place in the hard copy file.

Effective Date: September 24, 2022

Revision History: November 30, 2012, August 9, 2017, February 1, 2021