When a child in your family has a troubled home life, it is painful and frightening. The child you love may have parents who struggle to care for them or keep them in dangerous circumstances. Often, children in these situations have legal troubles of their own. Once the law intervenes, the child could face a long, uncertain process, and if they have no other option, they may have to stay in foster care.

If a child in Arizona is suffering neglect, abuse, or other legal difficulties, the court can declare them “dependent” on the court. This process is intended to protect children who are unsafe in their homes. The law has options for relatives with a strong relationship to a child who is in a dependency proceeding. When necessary, a relative can even bring a dependency proceeding on the child’s behalf, rather than leaving it to the state.

Is this right for your family? If a dependency proceeding has already begun, how can you step up in court to bring the child home?

Dependency Proceedings in Arizona

A court can declare an Arizona child dependent when the child is in any of the following situations:

  • Without a parent or guardian who is able or willing to provide “proper and effective parental care and control”
  • “Destitute … not provided with the necessities of life, including adequate food, clothing, shelter or medical care”
  • In an “unfit” home due to “abuse, neglect, cruelty or depravity by a parent, a guardian or any other person having custody or care of the child”
  • Under eight years old when they have “committed an act that would result in adjudication as a delinquent juvenile or incorrigible child if committed by an older juvenile or child”
  • “Incompetent or not restorable to competency and who is alleged to have committed a serious offense” (such as murder or armed robbery)

See A.R.S. § 8-201(15).

As a relative of the child, it’s essential for you to consult an Arizona dependency attorney about any involvement in the case. To protect the child and maintain your position, you must understand the laws involved and the typical timeline for the court process. Separate regulations may apply for Native American children, as well as for children under the age of 6 months.

The Dependency Process and Relative Caregivers

When the Department of Child Safety (DCS) receives a report of a child facing abuse, neglect, or abandonment, they begin an investigation—the first step towards the filing of a dependency petition. If the investigating worker finds an emergency situation or believes that the allegation is substantiated, they can have the child removed from the home.

DCS may then place the child with “a relative or a person who has a significant relationship with [the] child.” See A.R.S. § 8-514.02. Any adult member of this caregiver’s household will have to undergo a background check and submit fingerprints. During this placement, the caregiver cannot:

  • allow the child to have contact with the allegedly abusive parent,
  • let the child leave the state, or
  • place the child with anyone else.

Within 72 hours, DCS must either return the child to the home or file a petition for dependency in juvenile court. During this time, DCS may hold a Team Decision Meeting (TDM) to discuss the situation with the parents and determine whether to pursue an in-home intervention rather than a dependency filing.

If the parents agree to accept help and implement a plan, the child can return home. See A.R.S. § 8-891. However, if the parents do not appear for a TDM or comply with the plan, DCS will proceed to file a petition.

Although DCS files most dependency petitions in Arizona, any “interested person” can do so. Filing a private dependency petition requires:

  • making specific allegations about the reasons for dependency, together with evidence
  • informing DCS if the child has been involved with the system before
  • requesting temporary physical custody of the child
  • scheduling an initial hearing (IH) in 21 days

Within five to seven days after DCS files a dependency petition, the court will hold a preliminary protective hearing (PPH); they may also do so in a private dependency filing. This hearing will determine, among other things, the child’s placement during the dependency proceedings. Court proceedings could last up to a year.

One of the parents’ responsibilities is to provide the court with the names of the children’s relatives so that they have a chance to become involved. The court will ask DCS about its efforts to place the child with a relative rather than in foster care, which is one of the court’s priorities.

If you are a relative who already has the child in your custody—or is eligible to do so—the court can allow you to be present at the PPH. The court may also want to hear from you. Talk to your attorney about this hearing, especially if you have information you believe the court should know.

The court must schedule a final dependency petition hearing within 90 days. At this time, the parents can contest the dependency. The judge can set conditions for them to regain custody of the child. This process has to end within a year of filing, or within 6 months if the child is under 3 years of age.

What Comes Next?

The juvenile court process can be difficult and harrowing, but it’s meant to be in the child’s best interest. Working with our Arizona family law team will help you make sure that it really is—protecting the child as much as you can and helping to secure their future. Call us today at 480-448-0608 to make an appointment for your first case review.