In the fall of 2024, the Arizona Department of Child Safety (DCS) mailed letters to parents who once had an open dependecy and/or severance case.
Did you receive a letter? Visit the DCS letter page for more information.
Prehearing Requirements
There are things people must do after filing for adoption, but before the final hearing.
Health and Genetic History of Biological Family
The biological parent(s) must compile information about family health and genetic history that are not identifying. Children adopted through a licensed adoption agency get this information, if available, directly from the agency. If you are not adopting through an agency, the attorney is responsible for providing this information to the adoptive parents.
Filing
If parental rights have not already been terminated, any consents should be filed with the petition to adopt.
Process After the Petition has been Filed
- The Superior Court sets a place and time for the hearing
- Service of the hearing notice is given to:
- The petitioner
- The agency (if applicable)
- Person conducting the social study
- Person or agency required to give consent (unless it has already been filed)
- Any person who has initiated a paternity action
- Compose a verified accounting statement
Accounting Report
If the child was placed by an adoption agency or person you are required to file a verified accounting with the court. It must include all payments, disbursements, or commitments of value made or paid in regards to the adoption. It must be filed before the hearing at least:
- DCS Placement - 10 days
- Adoption Agency - 30 days
- Person - 60 days
The juvenile court commissioner or judge reviews all cases for necessity of expenses and reasonableness. If they believe that the report is incomplete or deceptive they may order a new report. If certain amounts are deemed excessive or unauthorized they may have to be repaid.
Waiting
The final hearing can be scheduled up to 6 months after filing the petition. Once a child is placed with the adoptive parents, they cannot be removed from the home without a court order. During this waiting period, the adoptive parents have the rights to:
- Physical custody of the child
- Medical consent
- Support and care for the child
- Decisions over social and athletic participation
Resources
State Statute - A.R.S. § 25-801
State Statute - A.R.S. § 8-111