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.
Terms Used In Arizona Laws 8-538
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Agency: means an agency licensed by the division to place children for adoption. See Arizona Laws 8-531
- Child: means a person less than eighteen years of age. See Arizona Laws 8-531
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- legal custody: means a status embodying all of the following rights and responsibilities:
(a) The right to have physical possession of the child. See Arizona Laws 8-531
- Parent: means the natural or adoptive mother or father of a child. See Arizona Laws 8-531
- Parent-child relationship: includes all rights, privileges, duties and obligations existing between parent and child, including inheritance rights. See Arizona Laws 8-531
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Petition: means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. See Arizona Laws 8-201
- Protective supervision: means supervision that is ordered by the juvenile court of children who are found to be dependent or incorrigible. See Arizona Laws 8-201
- Writing: includes printing. See Arizona Laws 1-215
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.