Rule 345 - Initial Guardianship Hearing(a) Generally. At the initial guardianship hearing, the court determines whether service has been completed under Rule 344(c), whether notice of the hearing has been provided to those persons identified in Rule 344(e), and whether the parent admits, denies, or does not contest the allegations contained in the motion for guardianship.(b)Time Limits. Unless the court orders or permits otherwise under A.R.S. § 8-864, the initial guardianship hearing must be held no later than 30 days after the Rule 343 permanency hearing, or if there has not been a permanency hearing, no later than 30 days after the filing of a motion for permanent guardianship.(c)Procedure. At the initial guardianship hearing the court must: (1) inquire if any party has reason to know that the child at issue is an Indian child;(2) appoint an attorney pursuant to Rule 303(b), unless an attorney has previously been appointed;(3) appoint an attorney for the child pursuant to Rule 303(c), if none has been previously appointed and, if appropriate, a GAL;(4) determine whether service of process has been completed as to each party pursuant to Rule 344 or whether any party has waived service, and whether notice of the hearing has been provided to those persons identified in Rule 344;(5) determine whether the report ordered by the court has been completed and provided to the parties;(6) advise the parent of the following rights:(A) the right to an attorney, including a court-appointed attorney if the parent is indigent;(B) the rights to call witnesses and to cross examine witnesses who are called to testify by another party;(C) the right to trial by the court on the guardianship motion; and(D) the right to use the process of the court to compel the attendance of witnesses;(7) determine whether the parent admits, denies, or does not contest the allegations contained in the motion for guardianship.(A)Admitted or Not Contested. If the parent admits or does not contest the allegations, the court may proceed with the guardianship adjudication hearing and enter findings and orders pursuant to Rule 346.(B)Denied. If the parent denies the allegations, the court must set the matter for a trial, which must begin no later than 90 days after the initial guardianship hearing. The court also may, if appropriate, schedule a settlement conference, mediation, or pretrial conference. If the child has not been adjudicated dependent and any party objects to a permanent guardianship, the court may schedule a settlement conference or mediation or may strike the motion for guardianship and proceed with the dependency petition.(d)Findings and Orders. At the conclusion of the hearing, the court must: (1) enter findings concerning notification and service and the court's jurisdiction over the subject matter and persons before the court;(2) set a continued initial guardianship hearing as to any party who was not served and did not appear;(3) address the parent in open court and advise that:(A) failure to appear at the guardianship pretrial conference, settlement conference, or guardianship adjudication hearing without good cause may result in a finding that the party waived legal rights and is deemed to have admitted the allegations in the guardianship motion; and(B) the guardianship adjudication hearing may go forward in the party's absence and may result in the establishment of a permanent guardianship based upon the record and evidence presented;(4) make specific findings that it advised the parent of the consequences of failure to attend subsequent proceedings;(5) if the child is an Indian child, make findings pursuant to the standards and burdens of proof required under ICWA; and(6) make findings and enter other orders that may be appropriate or required by law.(e)Form. The court may provide the parent with a copy of Form 3, "Notice to Parent in a Guardianship Action." The court also may request that the parent sign and return a copy of the form and note on the record that the form was provided.(f)Failure to Appear.(1) The court may proceed with the guardianship adjudication hearing if the parent, without good cause, fails to appear at the initial guardianship hearing and the court finds that the parent: (A) had notice of the initial guardianship hearing;(B) was properly served pursuant to Rule 344; and(C) had been admonished regarding the consequences of failing to appear at the initial guardianship hearing, including a warning that the adjudication hearing could go forward in the parent's absence, and that failing to appear may constitute a waiver of rights and an admission of the allegations in the guardianship motion.(2) At the hearing, the court may grant the motion and establish a guardianship based on the record and evidence presented if the requirements of subpart (f)(1) are satisfied and the moving party can meet the burden of proof required for guardianship. The court must enter its findings and orders pursuant to Rule 346(g). If the child is an Indian child, the court must make findings pursuant to the standards and burdens of proof required under ICWA and as set forth in Rule 346(c)(2).Adopted Dec. 8, 2021, effective 7/1/2022.