A. After the petition has been filed, the clerk of the superior court shall set a time and place for the initial hearing. Notice of the initial hearing and a copy of the petition shall be given to the parents of the child, the guardian of the person of the child, the person having legal custody of the child, any individual standing in loco parentis to the child, the tribe of any Indian child as defined by the federal Indian child welfare act of 1978 (25 United States Code section 1903) and the guardian ad litem of any party as provided for service of process in civil actions. In addition to the service of process requirements in civil actions, any parent, any Indian custodian and the tribe of an Indian child shall be notified of the initial hearing by certified or registered mail, return receipt requested, as required by the federal Indian child welfare act of 1978 (25 United States Code section 1912). The notice required by this subsection shall include the following statement:
You have a right to appear as a party in this proceeding. The failure of a parent to appear at the initial hearing, the pretrial conference, the status conference or the termination adjudication hearing may result in an adjudication terminating the parent-child relationship of that parent.
B. The initial hearing shall take place not sooner than ten days after the completion of service of notice.
C. Notice and appearance may be waived by a parent before the court or in writing and attested to by two or more credible witnesses who are eighteen or more years of age subscribing their names thereto in the presence of the person executing the waiver or shall be duly acknowledged before an officer authorized to take acknowledgements by the person signing the waiver of notice and appearance. The face of the waiver shall contain language explaining the meaning and consequences of the waiver and the termination of parental rights. The parent who has executed such a waiver shall not be required to appear.
D. If a parent does not appear at the initial hearing, the court, after determining that the parent has been served with proper legal notice, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may terminate the parent-child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court.
E. At the initial hearing, the court shall:
1. Schedule a pretrial conference or status conference.
2. Schedule the termination adjudication hearing.
3. Instruct the parent that the failure to appear at the pretrial conference, status conference or termination adjudication hearing may result in an adjudication terminating the parent-child relationship as to a parent who does not appear.
F. On the motion of any party or on its own motion, the court shall appoint a guardian ad litem if it determines that there are reasonable grounds to believe that a party to the proceeding is mentally incompetent or is otherwise in need of a guardian ad litem.
G. The county attorney, on the request of the court or a governmental agency or on the county attorney's own motion, may intervene in any proceedings under this article to represent the interest of the child.
H. A potential father who fails to file a paternity action within thirty days after completion of service of the notice prescribed in section 8-106, subsection G waives his right to be notified regarding the termination of parental rights and his consent to the termination of parental rights is not required.
Notes of Decisions
Trisha A. v. Dep't of Child Saf./l.A./l.A., 446 P.3d 380 (Ariz. 2019).
· cites it 2× “Section 8-537(C) sets forth the consequences for a parent’s failure to appear at any of the judicial proceedings involved in the process: If a parent does not appear at the pretrial conference, status conference or termination adjudication hearing, the court, after determining…”
Tina T. v. Dep't of Child Saf., 339 P.3d 1040 (Ariz. Ct. App. 2014).
· cites it 4× “65(A); A.R.S. § 8-535. If the parent wishes to contest the request for termination, the court sets the matter for a termination adjudication hearing.”
Adrian E. v. Arizona Dep't of Econ. Sec., 158 P.3d 225 (Ariz. Ct. App. 2007).
· cites it 2× “2006) (addressing criteria for appointment of guardian ad litem under A.R.S. § 8-535(F)); Kenneth T. v. Ariz. Dep’t of Econ.”
Cecilia A. v. Arizona Dep't of Econ. Sec., 274 P.3d 1220 (Ariz. Ct. App. 2012).
· cites it 6× “argued the juvenile court erred by failing to appoint a GAL for her pursuant to AR.S. § 8-535(F). Id. at 18, ¶ 1, 137 P.3d at 974 .”
Richard M. v. Patrick M., 462 P.3d 569 (Ariz. Ct. App. 2020).
· cites it 4× “§ 8-106(J) nor A.R.S. § 8-535(H) explicitly deny him the right to be heard.”
In Re the Appeal in Gila Cnty. Juv. Action No. J-3824, 637 P.2d 740 (Ariz. 1981).
· cites it 4× “Appellee, the Arizona Department of Economic Security, sought to terminate the relationship between appellant mother and her daughter on the ground that appellant was unable to discharge her parental responsibilities because of mental deficiencies.”
Ban v. Quigley, 812 P.2d 1014 (Ariz. Ct. App. 1991).
· cites it 2× “See A.R.S. § 8-535(D). In the event that the court finds those interests to support proceeding with the action, the court may, in its discretion, order the mother, the putative father, and the child to submit to blood tests.”
In re the Appeal in Pima Cnty., Juv. Action No. S-828, 659 P.2d 1326 (Ariz. Ct. App. 1982).
· cites it 5× “Such an appointment is mandated by A.R.S. § 8-535(D) which reads: “When the termination of the parent-child relationship is sought under § 8-533, subsection B, paragraph 3, the court shall appoint a guardian ad litem for the alleged incompetent parent.”
— Ariz. Rev. Stat. § 8-535(A) — 6 cases
— Ariz. Rev. Stat. § 8-535(D) — 11 cases
In Re the Appeal in Gila Cnty. Juv. Action No. J-3824, 637 P.2d 740 (Ariz. 1981).
“Appellee, the Arizona Department of Economic Security, sought to terminate the relationship between appellant mother and her daughter on the ground that appellant was unable to discharge her parental responsibilities because of mental deficiencies.”
Ban v. Quigley, 812 P.2d 1014 (Ariz. Ct. App. 1991).
“See A.R.S. § 8-535(D). In the event that the court finds those interests to support proceeding with the action, the court may, in its discretion, order the mother, the putative father, and the child to submit to blood tests.”
In re the Appeal in Pima Cnty., Juv. Action No. S-828, 659 P.2d 1326 (Ariz. Ct. App. 1982).
“Such an appointment is mandated by A.R.S. § 8-535(D) which reads: “When the termination of the parent-child relationship is sought under § 8-533, subsection B, paragraph 3, the court shall appoint a guardian ad litem for the alleged incompetent parent.”
— Ariz. Rev. Stat. § 8-535(E) — 1 case
Tina T. v. Dep't of Child Saf., 339 P.3d 1040 (Ariz. Ct. App. 2014).
“65(A); A.R.S. § 8-535. If the parent wishes to contest the request for termination, the court sets the matter for a termination adjudication hearing.”
— Ariz. Rev. Stat. § 8-535(E)(3) — 2 cases
— Ariz. Rev. Stat. § 8-535(F) — 4 cases
Adrian E. v. Arizona Dep't of Econ. Sec., 158 P.3d 225 (Ariz. Ct. App. 2007).
“2006) (addressing criteria for appointment of guardian ad litem under A.R.S. § 8-535(F)); Kenneth T. v. Ariz. Dep’t of Econ.”
Cecilia A. v. Arizona Dep't of Econ. Sec., 274 P.3d 1220 (Ariz. Ct. App. 2012).
“argued the juvenile court erred by failing to appoint a GAL for her pursuant to AR.S. § 8-535(F). Id. at 18, ¶ 1, 137 P.3d at 974 .”
— Ariz. Rev. Stat. § 8-535(H) — 1 case
Richard M. v. Patrick M., 462 P.3d 569 (Ariz. Ct. App. 2020).
“§ 8-106(J) nor A.R.S. § 8-535(H) explicitly deny him the right to be heard.”
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