Frequently Asked Questions

When a dependency petition has been filed, a Preliminary Protective Hearing will be held within 5 to 7 days from the child's removal. The parent, guardian or custodian must talk to their attorney before this hearing and come to a meeting called a Preliminary Protective Conference, before the hearing. Other people can come to this meeting, including relatives, witnesses, or others with whom the child might be placed. At this meeting, efforts will be made to reach an agreement about the child's placement, services that should be provided and visitation with the child. The results of this meeting will be discussed at the hearing. At the hearing the court will make orders about the child's placement, visitation, tasks and services to be provided. If the parent, guardian or custodian denies the allegation in the petition, the court may set a date for an Initial Dependency Hearing.

An Initial Dependency Hearing will be set within 21 days after the petition is filed. At this hearing the court can declare the child dependent or set other conferences or mediation. When a child is declared dependent, it basically means the court has ruled that child is in need of parental care and control and that the state of Arizona is legally responsible to provide that. At the same time, a DCS case is now filed in the courts (called a dependency) and DCS will work with the family providing services to address the issues of concern so that the family can reunify if possible.

After a child has been declared dependent the court holds a review hearing at least every six months. The purpose of the review hearings is to evaluate the progress made in solving family problems. At these hearings, the court also reviews the child's placement and decides if its continued involvement is necessary. The court is also required by law to hold a Permanency Hearing if the dependency has been in effect for at least one (1) year. The purpose of the permanency hearing is to determine if the child would be safe if returned home, or if another permanent plan, such as adoption, guardianship or long-term foster care is the most appropriate plan for the child.

A case plan is required for every child and family receiving ongoing services from DCS, consistent with the requirements of federal and state law. The case plan is a document that identifies what behavioral changes are required from the parent and/or the child to address the safety threats and risk factors that caused the child to be removed from the home and/or prevent the child from living safely at home without DCS involvement. The case plan identifies the case goal for the child (permanency), services/supports to be provided to achieve the behavioral changes, person responsible, and planned date of review. The case plan also must include what services/supports will be provided to assure the child's health, behavior, educational, and independent living needs. The case plan is written and developed with the family. If the parent is not able or willing to participate in the development of the case plan, it will be noted in the plan. The DCS Specialist must provide parents with a copy of the case plan. This proposed case plan must be a part of the report that is submitted to the court at the time of the Preliminary Protective Hearing.

A staffing is a meeting held with parents and others who are providing services to the family to develop or review the case plan. At the first staffing the permanent case plan is developed. Parents are encouraged and expected to be involved in this planning process. Staffings also provide an opportunity for all participants to discuss progress, exchange ideas and suggestions, and to work together cooperatively to resolve family problems. Regular staffings are scheduled at least every six months to discuss case progress.

When a child is placed outside his/her own home, the Foster Care review Board (FCRB) reviews the case within six months of the original date of placement and every six months after that while the child remains in out-of-home care. The function of the FCRB is to review the case plan, and progress toward its goal and objectives and to make sure the child is receiving appropriate care. The FCRB is made up of community members who are appointed by the juvenile court judge in each county. They are not employed by the Department of Child Safety or by the court. People who attend these reviews include the FCRB members, the DCS Specialist, and if appropriate, the parents, the child, and the placement and service providers. The FCRB makes recommendations to the court about individual cases but has no decision-making authority. The court considers the recommendations of the FCRB with other information such as evidence and testimony from parents, case managers and attorneys. You can find more information on FCRB by visiting the DCS Policy Manual website here.

Court Appointed Special Advocate (CASA)volunteers are citizens who are appointed by dependency court judges and are trained to investigate the circumstances of children who have been removed from their homes primarily due to abuse or neglect. They become a voice for foster children and help protect their rights by advocating for their best interests, their safety and permanency and by acting as eyes and ears for the court.

For additional information go to: www.azcourts.gov/CASA