Rule 344 - Motion, Notice of Hearing, Service of Process, and Order for Permanent Guardianship(a) Motion.(1)Generally. Any party to a dependency proceeding may file a motion for permanent guardianship of a child who has been adjudicated dependent. The motion must contain all the information required by A.R.S. §§ 8-871 and 8-872.(2)Pre-adjudication Motion.(A) Generally. A motion may be filed before the dependency adjudication. If the child has not been adjudicated dependent, the court may grant a permanent guardianship if all parties have been served and no party objects. If any party objects to the preadjudication motion, the court may schedule a settlement conference or mediation, or it may strike the motion and proceed with the dependency petition.(B) Non-DCS Petition. If the pending dependency petition was not filed by DCS, the court must notify DCS of the motion for permanent guardianship no later than 14 court days after the petition's filing. No later than 10 days after the court sends the notification, DCS must investigate the petition's allegations and inform the court of its position on the guardianship. If DCS objects to the guardianship, it may file a motion to intervene in the dependency action or file a separate dependency petition. The court may order a guardianship report under A.R.S. § 8-872(F) to be prepared and provided to the court no later than 10 days after the filing of the order to provide the report.(b) Notice of Hearing.(1)Generally. A notice of hearing must inform the parent of the location, date, and time of the initial guardianship hearing.(2)Failure to Appear. The notice of hearing also must advise the parent that the parent's failure to appear without good cause may result in a finding that the parent waived legal rights and is deemed to have admitted the allegations in the motion for guardianship. The notice also must advise the parent that the hearing may go forward in the parent's absence and may result in the establishment of a permanent guardianship based upon the record and evidence presented.(c)Service.(1)Generally. The moving party must serve the motion for guardianship and notice of hearing on the parties, including any person who has filed a petition to adopt or who has physical custody under a court order in a foster-adoptive placement, under Rule 106.(2)Indian Child. If the motion alleges or the court has reason to know the child at issue is an Indian child, then in addition to service of process required by this rule, the moving party must also notify the parent, Indian custodian, and tribe by registered or certified mail with return receipt requested. If the identity or location of the parent or Indian custodian cannot be determined, the moving party must give notice by registered or certified mail to the Secretary of the Interior, who has 15 days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe. The notice must advise the parent or Indian custodian and the tribe of their right to intervene.(d) Hearing Involving an Indian Child. The court may not hold a hearing until at least 10 days after receipt of notice by the child's parent or Indian custodian and the tribe or the Secretary of the Interior. On written request by the parent, Indian custodian, or tribe, the court must grant up to 20 additional days to prepare for the hearing. The child's parent, Indian custodian, or tribe may waive the 10-day notice requirement for purposes of proceeding with the initial guardianship hearing.(e)Providing Notice of the Hearing to Other Persons. In addition to serving the notice of hearing on the parties, the moving party must also provide a copy of the notice of hearing to the following persons:(1) the child's current physical custodian;(2) any foster parent with whom the child has resided within 6 months prior to the date of the hearing;(3) the prospective guardian if the guardian is not the current physical custodian; and(4) any other person the court orders to be provided with the notice of the hearing.(f)Investigation and Report.(1) Upon filing of a motion for guardianship, the court may order DCS, if DCS is legal custodian of the child, to conduct an investigation and prepare a report for the initial guardianship hearing addressing whether the prospective guardian is a fit and proper person to become guardian of the child and whether it is in the best interests of the child to grant the guardianship.(2) If DCS is not the legal custodian, the court may order the child's attorney, GAL, or a party to prepare this report.(3) If the child is an Indian child, the report must address whether the prospective guardian falls within the placement preferences required under ICWA or whether good cause exists to deviate from the placement preferences.(4) A copy of the report must be provided to the parties and the court at least 10 days before the initial guardianship hearing.(g) Other Orders. Pending the hearing, the court may enter other orders that are in the child's best interests.Adopted Dec. 8, 2021, effective 7/1/2022; amended August 29, 2022, effective 9/24/2022; amended December 8, 2022, effective 1/1/2023.