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Frequently Asked Questions

Legal

Should the child in care attend court hearings?

Children in care have the right to attend court hearings. Many factors should be considered when deciding whether or not a child in care should attend a hearing, including the child’s age and maturity level, the impact on the child’s education (if the hearing is during school hours), the existence of a no contact order, and the information expected to be discussed at the hearing.

What are the grounds for terminating parental rights in Arizona?

A.R.S. 8-533

Does a child need to give consent for adoption or guardianship?

If the child is 12 years or older, they must consent to the adoption, unless the court determines otherwise.
If a child is 14 years or older, they must consent to a guardianship before it is granted.

Do I need to hire a lawyer to file for adoption?

Yes. The cost of the adoption attorney will be reimbursed.

What court will grant the adoption?

The juvenile court handles adoptions.

I would like to adopt my grandchild. What will change?

If you adopt your grandchild, you will become the legal parent and make all parental decisions for the child.

What is guardianship?

With respect to a minor, Guardianship means the duty and authority to make important decisions in matters affecting the child. You can find more information in regards to Guardianship and DCS you can visit the DCS Policy Manual website here.

What decisions can a Title 8 guardian make?

A guardian is assigned the care, custody and supervision of a child by the court. This means the guardian has rights and responsibilities in making important decisions affecting the life of a child.

What is a guardianship subsidy?

Guardianship subsidy is a monthly payment to the guardian to help with the expenses of caring for the child.

How long does Title 8 Guardianship subsidy last?

Guardian subsidy lasts until the child turns 18 or if the guardianship is terminated or the child no longer resides with the guardian.

What supports are available to children under Title 8 Guardianship?

Cash assistance
AHCCCS (if eligible)
Behavioral health services (if eligible)

Can guardianship be undone?

Yes, a judge may revoke a guardianship.

Can I become a DCS licensed foster home if I have guardianship?

No, once you have guardianship, you cannot become a licensed foster home for that child.

What does a CASA do?

CASA volunteers get to know the child by talking with the child and everyone else in that child's life: parents and relatives, foster parents, teachers, medical professionals, attorneys, social workers and others. They use the information they gather to inform judges and others of what the child needs and what will be the best permanent home for them. Click here to learn more about what a CASA’s responsibilities include.

What is a court hearing?

A court hearing is when the judge is updated about the parents’ progress on their service plan and how the child is doing in placement. Based upon these updates, the judge can make a decision regarding the child’s case plan (for example, ordering for reunification or ordering a case plan change to severance and adoption). Also, the judge may issue orders for additional services for the parents and/or the child.

Arizona Department of Child Safety