Arizona Revised Statutes

Ariz. Rev. Stat. § 8-538 (2026)

Court order; form; contents

✓ current as of May 2026

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A. Every order of the court terminating the parent-child relationship or transferring legal custody or guardianship of the person of the child or providing for protective supervision of the child shall be in writing and shall recite the findings on which the order is based, including findings pertaining to placement of the child and the court's jurisdiction. The order is conclusive and binding on all persons from the date of entry.

B. If the court finds grounds for the termination of the parent-child relationship it shall terminate the relationship and take one of the following courses of action:

1. Appoint an individual as guardian of the child.

2. Appoint an individual as the child's guardian and vest legal custody in another individual or in an authorized agency.

C. If the court finds that placement with a grandparent or another member of the child's extended family including a person who has a significant relationship with the child is not in the child's best interests, the court shall make specific written findings in support of its decision.

D. The court shall also make an order fixing responsibility for the child's support. The parent-child relationship may be terminated with respect to one parent without affecting the relationship between the child and the other parent.

E. If the court does not order termination of the parent-child relationship, it shall dismiss the petition, provided that if the court finds that the best interests of the child require substitution or supplementation of parental care and supervision, the court shall make such orders as it deems necessary.

Notes of Decisions

Cited in 86 cases (33 in the last 5 years), 1975–2026 · leading case: In Re the Appeal in Pima Cnty. Juv. Action No. S-933, 660 P.2d 1205 (Ariz. 1982).

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In Re the Appeal in Pima Cnty. Juv. Action No. S-933, 660 P.2d 1205 (Ariz. 1982). · cites it 14× “However, the October 19 order did not meet the criteria of a valid order as set forth in A.R.S. § 8-538(A) which states: Every order of the court terminating the parent-child relationship or transferring legal custody or guardianship of the person of the child or providing for…”

Arizona Dep't of Econ. Sec. v. Matthew L., 225 P.3d 604 (Ariz. Ct. App. 2010). · cites it 4× “findings in its order, there was no error. Unlike when the court orders termination of the parent-child relationship, the court is not required to *607 make findings when denying a motion to terminate the parent-child relationship.”

Silver v. Rose, 661 P.2d 189 (Ariz. Ct. App. 1982). · cites it 22× “IT IS ORDERED, in JS-4246 and pursuant to A.R.S. 8-538 D, the Court finding the best interests of the individual children requires substitution and supplementation of parental care and supervision, that: 1.”

Christy C. v. Arizona Dep't of Econ. Sec., 153 P.3d 1074 (Ariz. Ct. App. 2007). · cites it 2× “§ 8-533(B)(4) and all of the factors articulated in Michael J.”

Aleise H. v. Dcs, 432 P.3d 928 (Ariz. Ct. App. 2018). · cites it 2× “See A.R.S. § 8-538(A); Ariz. R.P. Juv. Ct. 66(F)(2)(a).”

In Re the Appeal in Maricopa Cnty. Juv. Action No. JS-6831, 748 P.2d 785 (Ariz. Ct. App. 1988). · cites it 4× “§ 8-533(B), A.R.S. § 8-538 mandates the termination of parental rights.”

Ruben M. v. Arizona Dep't of Econ. Sec., 282 P.3d 437 (Ariz. Ct. App. 2012). · cites it 2× “” Rule 66(F) implements this statutory requirement, stating: “All findings and orders shall be in the form of a signed order or set forth in a signed minute entry” and if the party moving for termination meets its burden of proof, subsection (2)(a) requires the court to “[m]ake…”

Antonio M. v. Arizona Dep't of Econ. Sec., 214 P.3d 1010 (Ariz. Ct. App. 2009). · cites it 3× “See § 8-538(B) (“If the court finds grounds for the termination of the parent-child relationship it shall terminate the relationship and .”

Frank R. v. Mother Goose Adoptions, 367 P.3d 88 (Ariz. Ct. App. 2016). · cites it 2× “Mother Goose requested that the court appoint the prospective adoptive parents as guardians of the child, and vest legal custody in Mother Goose, pursuant to A.R.S. § 8-538(B)(2). ¶ 10 Mother Goose also initiated a referral pursuant to the Interstate Compact on the Placement of…”

In re the Appeal in Yavapai Cnty. Juv. Action No. J-9365, 759 P.2d 643 (Ariz. Ct. App. 1988). · cites it 4× “Appellant next argues that the juvenile court’s minute entry of September 17, 1987, was legally insufficient to terminate appellant’s parental rights under the requirements of A.R.S. § 8-538, which provides in part: Every order of the court terminating the parent-child…”

In Re the Appeal in Gila Cnty. Juv. Action No. J-3824, 637 P.2d 740 (Ariz. 1981). · cites it 4× “" In addition, A.R.S. § 8-538(A) provides: "Every order of the court terminating the parent-child relationship .”

Matter of App. in Maricopa Cty., Juv. Act., 549 P.2d 580 (Ariz. Ct. App. 1976). · cites it 4× “Notice of appeal was not filed until December 22, 1975, and in compliance with the Rules of Civil Procedure it merely gave notice that appellants appealed from the November 7, 1975 order, but contrary to the Rules of the Juvenile Court contained no statements of the grounds for…”

Show all 86 citing cases →

— Ariz. Rev. Stat. § 8-538(A) — 60 cases

In Re the Appeal in Pima Cnty. Juv. Action No. S-933, 660 P.2d 1205 (Ariz. 1982). “However, the October 19 order did not meet the criteria of a valid order as set forth in A.R.S. § 8-538(A) which states: Every order of the court terminating the parent-child relationship or transferring legal custody or guardianship of the person of the child or providing for…”

Arizona Dep't of Econ. Sec. v. Matthew L., 225 P.3d 604 (Ariz. Ct. App. 2010). “findings in its order, there was no error. Unlike when the court orders termination of the parent-child relationship, the court is not required to *607 make findings when denying a motion to terminate the parent-child relationship.”

Christy C. v. Arizona Dep't of Econ. Sec., 153 P.3d 1074 (Ariz. Ct. App. 2007). “§ 8-533(B)(4) and all of the factors articulated in Michael J.”

Aleise H. v. Dcs, 432 P.3d 928 (Ariz. Ct. App. 2018). “See A.R.S. § 8-538(A); Ariz. R.P. Juv. Ct. 66(F)(2)(a).”

Ruben M. v. Arizona Dep't of Econ. Sec., 282 P.3d 437 (Ariz. Ct. App. 2012). “” Rule 66(F) implements this statutory requirement, stating: “All findings and orders shall be in the form of a signed order or set forth in a signed minute entry” and if the party moving for termination meets its burden of proof, subsection (2)(a) requires the court to “[m]ake…”

— Ariz. Rev. Stat. § 8-538(B) — 5 cases

In Re the Appeal in Maricopa Cnty. Juv. Action No. JS-6831, 748 P.2d 785 (Ariz. Ct. App. 1988). “§ 8-533(B), A.R.S. § 8-538 mandates the termination of parental rights.”

Antonio M. v. Arizona Dep't of Econ. Sec., 214 P.3d 1010 (Ariz. Ct. App. 2009). “See § 8-538(B) (“If the court finds grounds for the termination of the parent-child relationship it shall terminate the relationship and .”

In Re the Appeal in Pinal Cnty., Juv. Action No. S-389, 729 P.2d 918 (Ariz. Ct. App. 1986).

Timothy B. v. dcs/h.B. (Ariz. 2022).

Antonio M. v. Ades & Daniel M. (Ariz. Ct. App. 2009).

— Ariz. Rev. Stat. § 8-538(B)(2) — 1 case

Frank R. v. Mother Goose Adoptions, 367 P.3d 88 (Ariz. Ct. App. 2016). “Mother Goose requested that the court appoint the prospective adoptive parents as guardians of the child, and vest legal custody in Mother Goose, pursuant to A.R.S. § 8-538(B)(2). ¶ 10 Mother Goose also initiated a referral pursuant to the Interstate Compact on the Placement of…”

— Ariz. Rev. Stat. § 8-538(B)(3) — 1 case

Vanessa H. v. Arizona Dep't of Econ. Sec., 159 P.3d 562 (Ariz. Ct. App. 2007).

— Ariz. Rev. Stat. § 8-538(B)(8)(a) — 1 case

Margaret H. v. Arizona Dep't of Econ. Sec., 148 P.3d 1174 (Ariz. Ct. App. 2006).

— Ariz. Rev. Stat. § 8-538(C) — 6 cases

Ponton v. Tabares, 711 So. 2d 125 (Fla. 3d DCA 1998).

In Re the Appeal in Pima Cnty. Severance Action No. S-2248, 767 P.2d 25 (Ariz. Ct. App. 1988).

Sarah P., Michael M. v. Dcs, V.B. (Ariz. Ct. App. 2022).

Anthony D. v. Dcs, A.D. (Ariz. Ct. App. 2022).

— Ariz. Rev. Stat. § 8-538(D) — 7 cases

Silver v. Rose, 661 P.2d 189 (Ariz. Ct. App. 1982). “IT IS ORDERED, in JS-4246 and pursuant to A.R.S. 8-538 D, the Court finding the best interests of the individual children requires substitution and supplementation of parental care and supervision, that: 1.”

In Re the Appeal in Maricopa Cnty., Juv. Action Nos. A-23498 & JS-2201, 584 P.2d 63 (Ariz. Ct. App. 1978).

Father in Pima Cnty. Juv. Action No. S-114487 v. Adam, 876 P.2d 1121 (Ariz. 1994).

In re the Appeal in Pima Cnty. Juv. Action No. S-1182, 666 P.2d 532 (Ariz. Ct. App. 1983).

Klahr v. Court of Appeals of State, Div. One, 654 P.2d 1 (Ariz. 1982).

— Ariz. Rev. Stat. § 8-538(E) — 1 case

Brionna J. v. Dcs, A.V. (Ariz. Ct. App. 2022).

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