Rule 351 - Petition, Motion, Notice of Hearing, and Service of Process and Orders(a)Petition for Termination of Parental Rights. Any person or agency who has a legitimate interest in the welfare of a child may file a petition for termination of parental rights pursuant to A.R.S. § 8-533. The petition must allege the grounds for termination and meet the requirements of A.R.S. § 8-534. The petition also must state whether there is reason to know the child is an Indian child.(b)Motion for Termination of Parental Rights. If the court has determined in a pending action that a child is dependent and has also determined that termination of parental rights may be in that child's best interests, the court may order DCS, the child's attorney or GAL, or another party, to file a motion for termination of parental rights no later than 10 days after the permanency hearing. The motion must allege the grounds for termination as provided by A.R.S. § 8-533. The motion also must state whether there is reason to know the child is an Indian child.(c)Notice of Hearing.(1)Generally. A notice of hearing must advise the parent of the location, date, and time of the initial termination hearing.(2)Failure to Appear. The notice of hearing must advise the parent of the following: (A) that failure to appear at the initial hearing, pretrial conference, status conference, or termination adjudication hearing without good cause may result in a finding that the party has waived legal rights and will be deemed to have admitted the allegations in the petition or motion for termination of parental rights, and(B) that the hearing may go forward in the absence of the parent and may result in the termination of parental rights based upon the record and evidence presented.(d)Service.(1)Generally.(A)Who Must Be Served. The petitioner under section (a) must serve the parent of the child, the person with legal custody or decision-making regarding the child, and the GAL of any party.(B) Manner of Service. (i) A petition for termination under section (a) must be served by the petitioner pursuant to Civil Rule 4.1 or 4.2.(ii) The moving party under section (b) must serve the motion as provided by Rule 106.(C)Time for Service. The petition or motion for termination and notice of hearing must be served by the moving party on the parties and any other person as provided by law no later than 10 days before the initial termination hearing.(2)Service Involving an Indian Child. If the petition or motion alleges or the court has reason to know the child is an Indian child, in addition to the service required by this rule, the petitioner or 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 petitioner or 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 the right to intervene.(3)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 no more than 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)Orders. The court may enter orders pending the hearing that are in the child's best interests.Adopted Dec. 8, 2021, effective 7/1/2022.