Chapter 5 : Section 30

Successor Permanent Guardianship

Policy

When the Department receives an order from the court entered in proceedings to appoint a successor permanent guardian, the Department will comply with the court’s order.

When the Department responds to a report or a communication from the Intake unit that a permanent guardian is unable or unwilling to care for a child, the Department will assess and determine whether the child may be maintained safely in the home with services, whether an appropriate person is available to serve as a successor permanent guardian, or whether a dependency petition should be filed.

Procedures

If an intake does not meet the criteria for a Report

The Intake unit will designate it as an Action Request and it will be assigned to the field based on the original permanent guardian’s zip code.

When a motion to appoint a successor guardian is filed with the court, the Department may be required to complete the following:

Conduct a criminal records check and home study to determine the suitability of the proposed successor guardian to serve as the child’s permanent guardian,
Conduct an investigation whether a dependency petition should be filed,
Place the child in temporary custody if so ordered by the Court, and/or
Monitor a child placed with a provisionally appointed successor permanent guardian and provide support services including assistance with application for guardianship subsidy and other available benefits.

Inform the prospective successor permanent guardian of the requirement to complete a home study including a DCS record search and a criminal background check on all adults in the home.

Conduct a home study on the prospective successor permanent guardian to ascertain the suitability of the home using the Report to the Juvenile Court for Successor Permanent Guardianship found in the Legal Documents tab in Guardian.

If the child is in the home and there are concerns about the safety of the child, contact the Intake unit immediately and report the concern.
If the proposed successor permanent guardian is not suitable, provide information supporting the recommendation not to appoint the proposed successor permanent guardian and include a recommendation whether a dependency petition should be filed, or if an alternative caregiver would serve the needs of the child.
If the proposed successor permanent guardian is suitable and is in the best interests of the child, include a recommendation that the motion be granted.
If there is an existing order in the current permanent guardianship for visitation and contact between the child and extended family including parents and siblings, include a recommendation whether continuation of the order remains in the child’s best interests.
If there is not an existing order or if the Department does not agree with the existing for visitation and contact between the child and extended family including parents and siblings, include a recommendation regarding future visitation and contact that is in the child’s best interests.
If the proposed successor permanent guardian is suitable, include any recommendation by the successor permanent guardian regarding the identity and contact information for a future successor permanent guardian.
Include a statement whether the proposed successor permanent guardian is familiar with and agrees to accept the duties and responsibilities of a permanent guardian.
If the child is at least twelve years of age, include in the home study a statement whether the child agrees or disagrees with appointment of the proposed successor guardian, and the basis for the child’s objection if known.
If the child is an Indian child as defined by the ICWA, provide the following additional information:
- the tribal affiliation of the child and the child’s parents;
- the efforts, if any, by the person filing the motion to notify the child’s tribe(s) of the plan of successor guardianship; and
- whether the proposed successor permanent guardian satisfies the caregiver preferences under ICWA.

If during face to face contact with the family, the DCS Specialist becomes aware of or has reason to believe the child is unsafe or at risk of imminent harm, the DCS Specialist must call the Intake unit to initiate an investigation.

Submit the report of the home study to the court prior to the hearing. Provide a copy to other individuals if ordered by the Court.

If the child is in the home of a proposed successor permanent guardian who resides on an Indian Reservation within Arizona, contact the Indian Child Welfare Specialist at (602) 771-6470.

If the child is in the home of a proposed successor permanent guardian who lives out-of-state, contact the Central Office Guardianship Specialist at (602) 771-6470.

If the court enters an order placing the child in temporary custody of the Department, arrange for pick up of the child. When a child is taken into temporary custody pursuant to a court order, and pending appointment of a successor permanent guardian, it is not necessary to serve a Temporary Custody Notice (TCN).

If the court enters an order appointing the proposed successor permanent guardian as a provisional permanent guardian and directs the Department to monitor the home and provide support services, open the case for in-home services. The Department may provide necessary services to the provisional permanent guardian to support the family, including referral to community services and assistance in applying for available benefits.

A successor permanent guardian, including a provisionally appointed permanent guardian, is eligible to apply for guardianship subsidy. Payment may initiate on the date of the provisional or successor permanent appointment.

If an intake meets the criteria for a report for field investigation

The Intake Specialist will use the procedures in Disposition of Reports and Initial Response to assign the report for field investigation based on the original permanent guardian’s zip code.

The DCS Specialist will follow the procedures in Family Functioning Assessment - Investigation to complete an assessment of child safety. The DCS Specialist may determine that:

The child can be maintained in the home with support services;
The child cannot be maintained in the home but an identified successor guardian is willing to assume immediate responsibility;
The assessment indicates that the current permanent guardian is unable or unwilling to continue to serve as permanent guardian, the child cannot be maintained in the home with support services, and there is no identified available caregiver who is suitable to assume temporary responsibility as a proposed successor permanent guardian. In this circumstance, the DCS Specialist shall take the child into temporary custody (see Temporary Custody ). Serve the permanent guardian with a Temporary Custody Notice (TCN). It is not necessary to serve a TCN to the parents in this circumstance.

Documentation

Document a home study and background checking using the Report to the Juvenile Court for Successor Permanent Guardianship, found in the Legal Documents tab in Guardian.

Document the activities undertaken to complete the home study and background checks in Notes in Guardian.

Document in Notes that a copy of the Permanent Guardian’s Duties and Responsibilities Fact Sheet was given to the proposed successor permanent guardian.

If a dependency petition is filed and the child is placed in the Department’s custody, update the Legal Status and, if necessary, update the Provider record in Guardian.