Chapter 7 : Section 08

Legal Process: Understanding Roles

Procedures

To participate in the legal process effectively, understand the role of each of the parties described below.

The juvenile court is responsible for hearing all actions that concern issues of dependency, termination of parent-child relationship, adoption, guardianship, and delinquency.

The juvenile court may also:

• consent to the marriage, employment or enlistment in the armed services of a child, if consent is required by law;

• in an action in which parental rights are terminated, change the name of a minor child who is the subject of the action (the court considers the wishes of the child who is 12 years of age or older, with respect to the name change).

The Attorney General's Office is responsible for representing DCS in actions concerning DCS cases. Assistant Attorneys General within the Protective Services Section of the Attorney General's Office appear in court cases on behalf of DCS.

The guardian ad litem may be appointed by the court to represent the child's best interest in a dependency case. Representing the child's best interest is not necessarily the same as representing the child's wishes.

Counsel represents children, parents or other parties to an action. The court is required to appoint an attorney to represent the child at all stages of delinquency, dependency and termination of parent-child relationship proceedings. The court will appoint counsel for the parent or guardian if they are unable to afford an attorney.

All parents or legal guardians of a child are considered to be parties to any action affecting the child, unless their parental rights have been terminated by the court or they have relinquished legal custody of the child.

The child, who is the subject of the dependency, permanent guardianship or termination of parent-child reltionship proceeding, is a party to the action. The child, through their attorney, has the right to be informed of, to be present at, and to be heard in any proceeding involving dependency or termination of parental rights.

Relatives or other individuals may petition the court to be considered interested parties to an action.

Other interested parties who have a legitimate interest in the welfare of the child may file a petition to adopt.

Out-of-home caregivers, pre-adoptive parents, relatives who are identified as a possible caregiver for a child, and the child's tribe are entitled to notice of, and a right to be heard in, any hearing held with respect to the child. Caregivers who did care for the child for 11 days or more within the last six months, are also entitled to notice of, and the right to be heard in, any hearing held with respect to the child. Notification must include the date, time and location of the hearing.

A relative identified as possible placement has the right to be heard in any proceeding with respect to the child.

The DCS Specialist appears in court as a representative of the agency in all hearings affecting a child or family about which the DCS Specialist has relevant information. The DCS Specialist is expected to attend all hearings concerning their cases.

The Court Appointed Special Advocate (CASA) is a volunteer who is appointed by the court to advocate for a dependent child. The CASA's advocates for what they believe is in the child’s best interest. The CASA must meet with the child. The CASA follows the child's case from the time dependency is established until either the court relieves the advocate of responsibility or the court dismisses the action before it. The CASA may appear in court on behalf of the child.

The Foster Care Review Board (FCRB) is a group of volunteers who, under the auspices of the Arizona Supreme Court, reviews the case of every child who is the subject of a dependency action and who remains in out-of-home care, at least every six months. The Foster Care Review Board fulfills the mandate for periodic review under the federal Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272). The FCRB cannot direct the agency to take specific actions concerning a child; however, it may make recommendations to the court regarding plans and services for a child or family.

Effective Date: July 1, 2022

Revision History: November 30, August 09, 2017, February 1, 2021, October 1, 2021