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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.

What is the difference between adoption and guardianship?

Adopted parents become the legal parents and the biological parents parental rights are terminated. A guardianship does not sever the parental rights of the biological parents.

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.

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.

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.

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.

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 receivingÂ 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, andÂ the placementÂ 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.

Licensing

What does the licensing process look like?

To become licensed, you must complete Foster Parent College, which includes 15 hours of in class instruction as well as an online component. Additional tasks include fingerprinting for all adults in the home, physical exams, CPR certification, home study interviews, background checks, and more.

how long will it take me to get licensed?

On average, it takes about 4-6 months to complete the process.

What is the role of a licensing agency?

Your licensing agency will assist you through the licensure process, support you when children are placed in your home, advocate for/with you during meetings, and more.

How do I prepare for my foster care license home inspection?

Your licensing agency will prepare you for the home inspection. They will be able to provide you will all the paperwork and ensure that you have the required safety items.

What happens after I am licensed?

After you receive your license, a child may be placed into your home. You will have quarterly meetings with your agency's licensing worker. Every two years, you will need to complete 12 hours of advanced training and complete the license renewal process.

Does it cost anything to get licensed?

There are no direct fees to get licensed, however there may be fees for specific parts of the licensure process, such as your copay to obtain a physician's statement.

I have criminal charges in my background; can I still be licensed?

It's possible. In order to become a licensed foster caregiver, you must be able to obtain a Level 1 Fingerprint Clearance Card through the Arizona Department of Public Safety. While there are some criminal charges that may prevent this, there are also exception processes for certain charges.

I have health problems; can I still be licensed?

All licensed foster providers must complete a physical and provide a physician's statement to their licensing agency and the Office of Licensing and Regulation.

Arizona Department of Child Safety