Court Improvement Program of Arizona - The Dependency Process

INTRODUCTION TO DEPENDENCY PROCEEDINGS

Dependency cases are unique judicial proceedings. Unlike most civil and criminal cases, where the court’s responsibility ends when a final judgment is entered, a judicial finding of dependency is only the beginning of the case. Applicable federal and state laws [1] require that the juvenile court exercise ongoing oversight responsibility to ensure timely achievement of the ultimate goal of a safe, permanent home for every dependent child.

In cases filed by the Department of Economic Security, Child Protective Services (CPS), this responsibility extends beyond the court to the case manager, parents, attorneys, Court Appointed Special Advocates (CASA), Foster Care Review Boards (FCRB) and other participants in the proceedings. Among other things, the judge must:

Hold required hearings within statutory timeframe
Determine what services are needed to reunify the family
Determine whether CPS is making reasonable efforts to provide those services
Ensure that the child is in a safe placement while the case is pending
Determine whether parents are complying with the case plan
Approve a permanent case plan if the family cannot be reunified
Ensure that CPS is making reasonable efforts to achieve the permanent case plan

These materials will briefly describe the process by which a child comes into care and dependency proceedings are initiated in cases filed by CPS.[2] They will also outline the judicial process, including a description of each hearing and the key decisions that must be made by the judge. Effective exercise of judicial oversight will also require that the judge have a working knowledge of the child welfare and behavioral health systems, child development, mental health, substance abuse and other issues that commonly arise in these cases. Every judge should also be familiar with the “Resource Guidelines: Improving Court Practice in Child Abuse and Neglect Cases” published by the National Council of Juvenile and Family Court Judges.

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Notes:
[1] These materials are based primarily on the applicable Arizona statutes. See A.R.S. §§ 8-531, et seq., 8-801, et seq. The judge must also be familiar with the applicable federal statutes, which include the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272), the Adoption and Safe Families Act of 1997 (P.L. 105-89, “ASFA”), and the Indian Child Welfare Act (25 U.S.C. §§ 1912 et seq., “ICWA”). Each of these statutes prescribes judicial findings that must be made at specific points in the process. Additionally, ICWA imposes higher burdens of proof which must be satisfied if an Indian child is to be placed in foster care or the rights of the parents terminated.

[2] “Any interested person” may file a dependency petition. Although the judicial process is essentially identical in non-CPS, or “private,” dependency cases, the court is not required to make the findings required by P.L. 96-272 or ASFA.
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www.nationalcasa.org

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Last updated:
25 August 2006

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