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Arizona Department of Child Safety
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  • Home
  • About
    • About DCS
      • Engage
    • Administration
      • Kathryn Ptak, DCS Director
    • Field Offices
    • Policy & Procedure
      • DCS Policy & Procedure
      • DCS Rules & Rulemaking
      • DCS Equal Employment Opportunity Policy
      • DCS Non-Discrimination Policy
      • DCS Limited English Proficiency Policy
    • Procurement & Contracts
    • Strategic Plan
    • Tribal Relations
    • Community Advisory Committee
    • Volunteer
      • Get Involved
      • Community / Volunteer Interest Form
      • Giving Tree
      • Luggage of Love
      • Community Screening Partners
      • FACT Program
    • Contact Us
  • Careers
    • Career Opportunities
      • Child Safety Specialist
      • Child Welfare Investigative Specialist (OCWI)
      • Search All Positions
    • We Are Compassioneers
  • News & Reports
    • News Releases
    • DCS Reports
    • Performance Measures
      • DCS Monthly / Semi-Annual Report
    • Child Fatalities / Near Fatalities
    • Process for Release of Info
    • Settlement - Tinsley v. Faust
  • Parents
    • Parent Guide
    • Parents Rights
    • Parent Advisory Collaborative
  • Youth in Care
    • Foster Youth Bill of Rights
    • Medical and Behavioral Health Services
    • Resources for Youth
    • Young Adult Program
    • Rights for Children in Out-of-Home Care, CSO-3121
    • Victims' Rights
    • Self-Advocacy Resources
    • Guardian Ad Litem Survey
  • Foster & Adoption
    • Foster Care
      • Start the Journey! Orientation
      • Learn More
      • Kinship Support Services
      • Therapeutic Foster Care
      • Licensing Agencies
      • Information Events
      • Kinship Resources
      • Go-to Guide
      • Foster & Kinship FAQ's
    • Adoption
      • Adoption Stories
    • Caregiver Training
    • Shared Parenting
    • Children's Heart Gallery
    • Search AdoptUSKids
    • Newsletter
  • Resources
    • Frequently Asked Questions
    • Request DCS Information
    • Complaint or Disagreement
      • Ombudsman Complaint Form
    • DCS Forms
    • DCS Brochures & Flyers
  • Services
    • Medical and Behavioral Health Services
      • For Members
      • For Providers
      • Health and Wellness
      • News and Updates
      • Contact CHP
      • Language and Translation
    • DCS Service Array
      • Service Array Materials
    • Prevention
      • Safe Sleep
      • Arizona Families F.I.R.S.T.
      • Healthy Families Arizona
      • Regional Child Abuse Prevention Councils
      • Resources for Parents
      • Back-To-School Resources and Tips for Parents
    • Investigations and OCWI
      • Joint Investigation Protocol
    • Office of Licensing & Regulation (OLR)
    • Young Adult
      • Young Adult Program
      • Young Adult Resources
      • Extended Foster Care
      • Successful Transition to Adulthood
      • Education
    • Victims' Rights
  • Report Child Abuse
    • Child Abuse Hotline
    • Mandated Reporter Overview Training
    • Safe Haven Newborn
    • SB1114 - Child Abuse Hotline Required Posting
  • Home
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  • Frequently Asked Questions

Frequently Asked Questions

Legal

How to Get a Lawyer?

The court will appoint a lawyer to represent the parents. If they cannot afford the lawyer's fee, the court provides legal representation without charge. Information regarding how to contact the attorney will be included on the notice of Preliminary Protective Hearing delivered by the DCS Specialist within 24 hours after the dependency petition is filed. The parents may consult with the lawyer at any time and have the lawyer represent them at all hearings concerning the children and their parental rights. Any disagreements with DCS may also be discussed with the lawyer.

If parents have not requested an attorney before the Preliminary Protective Hearing, or Initial Dependency Hearing, they may make this request at the hearing or at any other time during court involvement.

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.

The Preliminary Protective Hearing

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.

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.

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.

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.

Other Hearings

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.

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.

Case Plans & Staffings

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.

Where are the courts located at?

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

Foster Care Review Board

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.

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.

Court Appointed Special Advocate (CASA) Program

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

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.

Foster Care - When the Court becomes involved in a DCS Case

All foster homes and other facilities used by DCS to provide temporary out-of-home care are licensed by the state and supervised by an assigned licensing worker. Foster parents are trained to provide care and to work with DCS and family members toward the goal of family reunification. DCS Specialist visit regularly with children and foster families to ensure that the necessary services are being provided and to monitor the child’s progress. The department will provide all children with medical and dental services, which may include updating immunizations (If the parent has concerns regarding any medical treatment the DCS Specialists must be contacted). Whenever possible, children needing protection are placed with members of their extended family. Placements with relatives may occur during the period of temporary custody or at any later time. Relatives providing such placements must agree to a background investigation, a home evaluation, and sign an agreement with DCS that specifies the conditions of placement.

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