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Frequently Asked Questions

Legal

Can guardianship be undone?

Yes, a judge may revoke a guardianship.

Services for the Family When There is Court Involvement

The Department of Child Safety provides services to help families deal with problems and work toward the goal of family reunification. Usually, there is no charge for these services. The DCS Specialist talks with family members to decide what is needed. There are also other agencies or groups in Arizona that offer help. Services that may be suggested include:

Help in getting food, housing, clothing and medical care.
Intensive family preservation services.
Psychological evaluations.
Individual, family or relationship counseling.
Day care.
Parent aide services.
Parenting skills training.
Educational programs, job training or vocational rehabilitation.
Sexual assault or domestic violence counseling.
Drug or alcohol treatment programs.
Peer self-help groups.

Visitation - When the Court becomes involved in a DCS Case

Visitation with children in the custody of DCS is approved on a case-by-case basis. All case plans for children in out-of-home care include a Visitation Agreement which is developed by the case manager and family members. Family members include persons who are related by blood or law, are legal guardians, siblings, or adults with a meaningful relationship with the child. Family members should contact the child's DCS Specialist to request visitation.

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.

Parent Responsibilities - When the Court becomes involved in a DCS Case

During Department of Child Safety involvement, parents are expected to:

Work with DCS to solve family problems.
Attend and participate in case staffing's, FCRB reviews and court hearings.
Provide DCS with information about the children.
Keep DCS informed about changes such as a new address, telephone number, job, income, marriage, or other living changes.
Follow court orders.
Visit children regularly when they are in out-of-home placements.
Contribute to the cost of children's out-of-home care.
Keep appointments made with DCS, attorneys, therapists and others who are working with the family.
Immediately provide DCS the names, type of relationship and all information you have to locate persons related to or who have a significant relationship with your child. This includes the child's grandparents, great-grandparents, brothers or sisters of whole or half-blood, aunts, uncles and first cousins.
Tell DCS if you do not have enough information to locate a relative or person who has a significant relationship with the child.
If you do not have all of this information, immediately provide the information to DCS when you get the information.
Be ready to provide this information to the Juvenile Court at the Preliminary Protective Hearing.

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.

When Children Are Returned Home - When the Court becomes involved in a DCS Case?

The goal of DCS is to return every child who has been removed to a safe and permanent home. The agency helps parents in solving problems and making a safe living situation for their children. Although the DCS Specialist may recommend that a child return home, the court makes the final determination about when the child is returned. DCS works diligently with families to reunify them as quickly as possible and usually continues to provide needed services for some period after family reunification has occurred.

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.

How can I get court dates?

Your DCS caseworker can give you upcoming court information. If your case is in Maricopa County, you can call the DCS Warm Line at 1-877-543-7633 and select option 3.

Where are the courts located at?

You can find a list of courts here: https://www.azcourts.gov/AZ-Courts/AZ-Courts-Locator

Do different rules and time frames apply for younger children?

If the parents have not made efforts towards reunification, the state may file for termination of parental rights earlier if children under 3 years of age have been in care for 6 months.

As a foster parent, do I have a right to attend court proceedings?

Yes. Rule 41 (I) of the Arizona Rules of Procedure for Juvenile Court gives you that right to notice, to attend, and to be heard in a court proceeding.

Where are FCRB meetings held?

Visit this website to learn more: https://www.azcourts.gov/fcrb/Adult-Participation/County-Locations

What is adoption?

Adoption is the legal transfer of all parenting rights and responsibilities from the biological parent to a new parent. The biological parent's parental rights have been severed and the adoptive parents have all the rights of birth parents.

What is a case plan?

The Department shall facilitate the development of an individualized, family-centered, written case plan for every child, youth, and family receiving ongoing services from the Department.

The case plan identifies the permanency goal and target date, desired outcomes, tasks, time frames, and responsible parties. You can find more information by visiting the DCS Policy Manual here.

Arizona Department of Child Safety

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