Rule 348 - Initial Successor Permanent Guardianship Hearing(a)Generally. At the initial successor permanent guardianship hearing, the court must determine whether service has been completed and the notice of the hearing has been provided to those persons identified pursuant to A.R.S. § 8-874(D), and whether the parent admits, denies, or does not contest the allegations contained in the motion for appointment of a successor permanent guardian.(b) Burden of Proof.(1) The moving party has the burden of proving the allegations in the motion by clear and convincing evidence.(2) If the child is an Indian child, the moving party has the burden of proving the allegations as provided in Rule 346(c)(2).(c)Procedure. At the initial successor permanent guardianship hearing, the court must: (1) inquire if any party has reason to know that the child at issue is an Indian child as defined by ICWA;(2) determine whether notice of the hearing has been provided to those persons identified in A.R.S. § 8-874(D); and(3) follow the procedures specified in Rule 346 and A.R.S. § 8-874(C).(d)Child's Position. The court must consider a child's objection to the appointment of the person nominated as successor permanent guardian. The court may appoint as guardian the person nominated by a child 12 years of age or older, unless the court finds it would not be in the child's best interests to do so.(e)Findings. The court must grant the motion, terminate the appointment of the current permanent guardian, and appoint the proposed successor permanent guardian as the child's permanent guardian if the court finds that the movant has met its burden of proof that: (1) the previously appointed permanent guardian is unable or unwilling to serve;(2) the proposed successor permanent guardian is suitable to assume the responsibilities of permanent guardian; and(3) the appointment would be in the child's best interests.(f)Review Hearing. If the court enters an order appointing a successor permanent guardian, the court must set a review hearing no later than one year after the appointment. It also may order DCS or an appropriate agency or person to conduct an investigation and submit a written report before the hearing.(g)Provisional Permanent Guardian. The court may appoint the proposed successor permanent guardian as a provisional permanent guardian of the child for a period not exceeding 9 months. The court must set a hearing to determine whether the appointment should be made permanent, and direct DCS to monitor the placement during the period of provisional appointment and to provide necessary services to support the provisional placement, including assisting the provisional permanent guardian to make an application for guardianship subsidy and other available benefits.(h)Other Orders. The court also may enter orders necessary for the child's safety and well-being, including providing for contact between the child and parents, siblings, relatives, or others, if contact is in the child's best interests. The court may order the parent to contribute to the support of the child and to pay any costs for visitation to the extent it finds the parent is able to contribute.(i) Denial of the Motion. If the court denies the motion to appoint a successor permanent guardian or does not appoint a provisional or successor permanent guardian, the court may enter orders necessary for the child's safety and well-being, and may order DCS or the child's attorney or GAL to file a dependency petition regarding the child, and proceed as provided in A.R.S. § 8-874(J) and (K).Adopted Dec. 8, 2021, effective 7/1/2022.