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.
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.
Information on how to and what is required for obtaining the biological parent's consent in an Arizona adoption proceeding. Consent is required in adoption situations unless there has been a court order, parents are deceased, parents are legally declared incompetent, or paternity was excluded. This article discusses what you need to know and understand about obtaining consent prior to an child. This includes consent requirements, who consent must be obtained from, and terminating parental rights.
To have a parent deemed "incompetent" a civil hearing must be held in a Superior Court and they must meet the standards in ARS § 14-5303.
In Arizona, parents have legal protections under the Parents' Bill of Rights (ARS § 1-601 and ARS § 1-602). These statutes ensure that parenting rights are protected, but may make it difficult to have parenting rights legally terminated without the consent of the parents. Parental rights may be terminated if a parent is incapable of fulfilling their responsibilities because of some mental illness diagnoses, mental deficiency, or a history of the chronic abuse of dangerous drugs/alcohol/controlled substances. There must also be a reason to believe that the condition of the biological parent is not going to stop for a prolonged period of time. Ample proof must be provided to show that the situation is long-term and harmful to the child.
A birth mother is required to provide a list of all the potential fathers. These men are then notified the same way people are served in civil cases. If you were notified and do not take a paternity test within 30 days, may be considered abandonment and your parental rights may be severed. You can appeal this if you provide clear evidence that it was not possible to file a paternity claim within the 30 days.
Fathers have the right to agree to a consent or to withhold consent to the adoption. If you choose to withhold consent, you may seek legal decision-making (custody) rights to the child.
Resources
Paternity Frequently Asked Questions