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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
DCS; periodic review hearings
Purpose
Requires the Department of Child Safety (DCS) to submit advance written reports for periodic review hearings and modifies requirements relating to the court’s duties, findings and evidentiary procedures in dependency cases.
Background
After receiving and considering the evidence on the disposition of a case, the court may place a dependent child in the care of the child's parents, subject to the supervision of DCS. If placement with the child's parents is contrary to the child's welfare, the court may place the child with outlined persons or entities, in accordance with the child's best interests. In reviewing the status of the child and in determining the order of disposition, the court must consider: 1) the health and safety of the child as a paramount concern; 2) the goals of the placement and appropriateness of the case plan; 3) the services that have been offered to reunite the family; 4) if returning the child home is not likely, the efforts that have been or should be made to evaluate or plan for other permanent placement plans; and 5) the efforts that have been made or should be made to place the child with the child's siblings or to provide frequent visitation or contact when placement with siblings has not been possible (A.R.S. § 8-845).
After the disposition hearing, the court must hold periodic review hearings at least once every six months as required by federal law to determine whether DCS has identified and assessed placement of the child and whether the parent or guardian has complied with the court order to provide information about persons who are related to or have a significant relationship with the child. At the proceeding to review the disposition orders of the court, the court must provide notice of the review hearing and the right to participate in the hearing to outlined entities who are or may be charged with the child's care and custody (A.R.S. §§ 8-824 and 8-847).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires DCS to provide a report to the court and all parties at least 15 days before any periodic review hearing that provides the following information:
a) the placement of the child;
b) the services being provided to the child and the child's family, including the child's educational needs;
c) the progress made in achieving the child's case plan goals; and
d) whether the child continues to be dependent.
2. Adds, to the list of persons to whom the court must provide notice of a periodic review hearing, the child's tribe, if the child is a member of an Indian tribe.
3. Requires the court, at the conclusion of a periodic review hearing, to either:
a) dismiss the petition and return the child to the child's parents if the court finds that the child is no longer dependent; or
b) make a finding that the child continues to be dependent.
4. Requires the court, if the court finds that the child continues to be dependent, to:
a) enter orders concerning the placement, custody and educational needs of the child;
b) enter orders concerning the services to be provided to the child's family;
c) if the child is not placed with a parent, determine whether DCS has identified and assessed whether placement of the child with a relative or person with a significant relationship with the child is possible;
d) determine whether the parent has complied with an order requiring the parent to provide information regarding persons who are related to or have a significant relationship with the child;
e) set the next periodic review hearing;
f) set a permanency hearing for up to 12 months after the date the child was removed from the child's home; and
g) advise the child's parent on the record that the parent's failure to attend further proceedings without good cause, or the parent's failure to participate in reunification services, may result in the termination of parental rights or the establishment of a permanent guardianship of the child.
5. Requires the court to make specific findings that the court advised the parent of the consequences of the parent's failure to attend and participate in subsequent hearings.
6. Specifies that all findings made by the court must be made in a written and signed minute entry or order.
7. Requires any party seeking an evidentiary hearing on any contested issue to file a motion requesting that the matter be set for an evidentiary hearing.
8. Specifies that the motion must identify:
a) contested issues to be considered at the evidentiary hearing;
b) the names and addresses of all witnesses; and
c) the estimated time the parties will need to present evidence.
9. Allows the court, on receiving the motion, to:
a) reset the periodic review hearing to provide sufficient time for an evidentiary hearing; or
b) proceed with the scheduled periodic review hearing.
10. Allows the court, at an evidentiary hearing, to consider any safety plan as well as any other safety issues that might prevent the child's return to a parent or that may affect the child's placement.
11. Requires the court to address any recommendations of the Foster Care Review Board on the record.
12. Requires any evidence the parties wish the court to consider at the evidentiary hearing to be marked and admitted before the conclusion of the hearing.
13. Allows the court, absent any party's objection, to consider the following evidence at the evidentiary hearing:
a) the oral or written reports of the parties;
b) any documents that are entered into evidence at any prior proceedings; and
c) any documents that are agreed on by the parties.
14. Makes technical changes.
15. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2026
MM/SDR/hk