Chapter 5 : Section 1.2

Restoration of Parental Rights

Procedures

Petition for Restoration of Parent-Child Relationship Filed by Another Party

If the petition for restoration of parent-child relationship is filed by another party, staff with the DCS Program Administrator to ensure that:

• the child is in the custody of the Department;

• the child has not achieved permanency, is unlikely to achieve permanency, and is not in a pre-adoptive placement;

• at least two years have passed since the termination of parent-child relationship, unless there is a good cause determination for an earlier finding; and

• the dependency adjudication finding or the parent-child termination was not due to the parent committing, or failing to protect a child from, any of the following:

  • serious physical injury as defined in A.R.S. §8-201;

  • sexual abuse or sexual conduct with a minor;

  • any conduct that resulted in the near death or death of a minor; or

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

In addition to the above criteria, review the legal status of the child to ensure that all parental rights have been terminated. Contact the assigned Assistant Attorney General when there are concerns that restoration criteria have not been met.

If a parent resides out-of-state, elevate to the Assistant Director of Field Operations and the Assistant Attorney General (AAG).

After reviewing the petition, if criteria for restoration of the parent-child relationship has been met, gather information necessary to assess whether restoration of the parent-child relationship is in the best interest of the child.

Assessing Restoration of the Parent-Child Relationship

The DCS Specialist and DCS Program Supervisor should thoroughly assess the case by:

• conducting a review of the case record;

• interviewing the child(ren) about restoring parental rights;

• conducting face-to-face interviews with the parent(s); and

• contacting collateral contacts, including relatives, service providers, community resources, and any contact that has relevant information to assess progress made toward enhancing parental capacities and addressing concerns that resulted in the termination of parental rights.

In assessing whether restoration of the parent-child relationship is in the child's best interest, consider the following:

• length of time in foster care;

• age of the child;

• efforts to achieve adoption or other permanency goal;

• wishes of the child;

• ability of the child to protect themselves;

• ability of the child to maintain current important connections, including siblings;

• continued/ongoing contact between the child and parent(s);

• caregiver protective capacities and safety threats present at the time of termination of parental rights;

• behavioral changes the parent(s) have made to address the concerns leading to the child coming into care and subsequent termination of parental rights;

• parental consent and desire to restore the parent-child relationship; and

• parent's understanding and ability to meet the child's current medical, behavioral, social and emotional needs.

Discuss the child's thoughts, concerns, needs, and willingness to re-engage with the parent(s). Give the child the opportunity to express themselves without their parent(s), caregivers, or others present. Engage the child's supports and service providers to assist the child in expressing their wishes, if appropriate.

When interviewing the parent(s), discuss the following:

• understanding of the reason for terminating the parent-child relationship;

• change in circumstances of the parent(s);

• services and supports in which the parent(s) have engaged;

• parent's protective factors;

• parent's understanding of the child's current medical, behavioral, social, and emotional needs;

• parent's ability to meet and address the child's current needs;

• parent's ability and willingness to safely provide for the child's needs; and

• expectations of the Department, parent(s) and child moving forward.

The DCS Specialist shall have the parent(s) sign the Authorization to Disclose Health Information, CSO-1038A for the Department to obtain medical, mental health, and other records/information needed to complete a thorough assessment.

Upon completing the assessment of whether restoration of the parent-child relationship is in the child's best interest, contact the AAG to staff the outcome of the assessment and confirm that restoration criteria are met.

If it is determined that moving forward with restoration of the parent-child relationship is in the child's best interest, the DCS Specialist shall complete a DPS criminal history check on the parent subject to the petition and all other adults residing in the home. Within 15 days of the completion of DPS criminal history check:

• Require the parent subject to the petition and all adult household members to complete a fingerprint-based background check. Provide fingerprinting instructions to all adults within the household.

  • A parent who is denied a Level One Fingerprint Clearance Card may still be considered if the offense preventing approval of the Level One Fingerprint Clearance Card is appealable to the Board of Fingerprinting or the Department may waive to requirement for the parent to obtain a fingerprint clearance card using the good cause criteria outlined in Assessing Criminal History Guide, DCS-3390.

  • If any adult household member does not complete the fingerprint-based background check, the child cannot be placed in the home. If any adult household member is denied a Level One Fingerprint Clearance Card, the child cannot be placed in the home unless ordered by the Court or the adult household member is granted a good cause exception from the Board of Fingerprinting.

  • The DCS Specialist should gather all relevant information and consult with the DCS Program Supervisor, DCS Program Manager, or DCS Program Administrator for approval to consider moving forward with recommendations on restoring the parent-child relationship.

• Interview all household members.

Once it is determined that the parent meets criteria and the Department is in agreement with restoration of parental rights, the DCS Specialist will submit a new Service Request in Guardian under Kinship Support Services for a KSS Home Assessment. See Kinship Care for more information on assessing the home.

Upon gathering information necessary to provide an assessment to the court, prepare and submit an Addendum Report to the court that contains the following information:

• reason parental rights were terminated;

• services the parent has completed since parental rights were terminated;

• parent's change of circumstanced that demonstrate the parent has or has not mitigated the safety threats leading to the termination of parental rights;

• parent's understanding of and ability to meet the child's current medical, behavioral, social and emotional needs;

• whether or not the return of the child would create a substantial risk of harm to the child's physical, social, mental or emotional health and safety; and

• documentation of the Department's diligent efforts to locate a permanent caregiver for the child.

If an evidentiary hearing has not yet been scheduled, consult with the AAG about requesting an evidentiary hearing to determine if moving forward with a trial in-home placement is appropriate.

DCS Petition for Restoration of Parent-Child Relationship

The decision to restore parental rights is a critical decision in a case. When the Department is considering filing a petition for restoration of parental rights to achieve permanency for a child, follow procedures above in Assessing Restoration of the Parent-Child Relationship.

Staff with the DCS Program Administrator to determine whether or not to proceed with the petition for restoration of the parent-child relationship.

If a parent resides out-of-state, staff with the Assistant Director of Field Operations and the Assistant Attorney General before proceeding with the petition for restoration of the parent-child relationship.

If it is determined that restoring the parent-child relationship is in the child’s best interest, schedule a staffing with the AAG to review the case and request the Assistant Attorney General file a petition for restoration of the parent-child relationship. The petition must include:

• a statement explaining why the child is unlikely to achieve permanency;

• the child's position on the restoration of the parent-child relationship;

• the consent of the child's parent(s) to the restoration of the parent-child relationship;

• a statement explaining how the child's parent(s) have demonstrated the remediation necessary for restoration of the parent-child relationship, including the ability and willingness to care for the child safely in their home;

• an assessment indicating whether restoration of the parent-child relationship and returning the child would create a substantial risk of harm to the child's physical, social, mental or emotional health or safety;

• documentation of the Department's diligent efforts to locate a permanent caregiver for the child; and

• the transition plan.

Trial In-Home Placement and Evaluation

When the court orders the Department to conduct a trial in-home placement, convene a Permanency Team Decision Making (TDM) meeting to:

• identify the needs of the child and family associated with this change;

• develop a detailed transition plan, taking into account the specific needs of the parent(s) and child, particularly with respect to concrete supports, social supports and connections, parenting knowledge and skills, and the behavioral and emotional needs of the child(ren). See Guide to Placement Transitions, CSO-3134A for more information; and

• complete the Placement Transition Checklist, CSO-3134B.

Submit an Addendum Report to the court by the court ordered due date. The Addendum Report shall outline the Department's assessment of the following areas:

• progress of the family in adequately and safely meeting the child's needs;

• safety and well-being of the child in the parent(s)' home;

• recommendations on the continuation of the trial in-home placement; and

• recommendations regarding case closure.

If a parent resides out-of-state, ICPC approval is required before the trial placement is made. See ICPC: Overview, Referrals, & Placement.

The DCS Specialist shall have weekly face-to-face contact with the child and their parent in the home at the beginning of the transition. The frequency of child and caregiver contact may decrease as appropriate to the case circumstances, after staffing with the DCS Program Supervisor. For further information, follow procedures in Contact with Children, Parents, and Out-of-Home Caregivers. If at any time the child's health, safety or well-being is threatened, or there is a substantiated report of abuse or neglect of the child by the parent(s) during the trial in-home placement, immediately terminate the trial in-home placement. Immediately notify the court, assigned Assistant Attorney General (AAG), the child's attorney, child's guardian ad litem, and the child's tribe, as applicable, of the termination of the trial in-home placement. Follow policy and procedures outlined in Caregiver Stability for Children in Out-of-Home Care.

Parent-Child Relationship Restored

When the court orders the parent-child relationship restored, the dependency is dismissed. Review the minute entry to ensure that the court has signed an Order for Dismissal. Contact the assigned AAG if there are questions about whether the dependency was dismissed.

Meet with the child and the child's parent(s) to develop an Aftercare Plan prior to closing the case. See Aftercare Planning and Services.

Update the Legal Status and Removal Details tab.

Ensure the case record is complete and document the case closure in the Closure tab.

Documentation

Document all contact with parents, caregivers and children using the Notes tab in Guardian.

Document the transition plan in Notes.

Upload the Placement Transition Checklist, CSO-3134B as an Artifact in Guardian.

Document the meetings with the child and the child's parent or guardian and other service team members as appropriate to discuss aftercare services in the Notes tab designated as Case Conference/Staffing type. Include documentation of the outcome of the meetings.

Document the Aftercare Plan in the Closure tab.

End all service requests using the Service Requests tab.

Effective Date: June 10, 2026