Rule 352 - [Effective 1/1/2025] Initial Termination Hearing(a) Generally. At an initial termination hearing, the court must determine whether service has been completed and whether the parent admits, denies, or does not contest the allegations contained in the petition or motion for termination of parental rights.(b)Time Limits.(1)On Petition. If a termination of parental rights is requested by petition, the initial termination hearing must be held no fewer than 10 days after the completion of service, as provided by A.R.S. § 8-535(B).(2)On Motion. If a termination of parental rights is requested by motion, the initial termination hearing must be held no later than 30 days after the permanency hearing, as provided by A.R.S. § 8-862(D)(2).(c) Procedure. At the initial termination hearing the court must: (1) inquire if any party has reason to know that the child 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 pursuant to Rule 351 or waived as to each party;(5) 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 right to trial by the court on the termination petition or motion;(C) the rights to call witnesses and to cross examine witnesses who are called to testify by another party; and(D) the right to use the process of the court to compel the attendance of witnesses;(6) determine whether the parent admits, denies, or does not contest the allegations contained in the motion or petition to terminate parental rights; and (A)Admits or Does Not Contest. If the parent admits or does not contest the allegations, the court may proceed with the termination adjudication hearing and enter findings and orders under Rule 351.(B)Denies. If a petition for termination was filed, the court may schedule mediation, or it may set a pretrial conference or status conference. If a motion for termination of parental rights was filed and the parent denies the allegations, the court must set the matter for an adjudication hearing no later than 90 days after the permanency hearing. The court may schedule a settlement conference, a pretrial conference, or mediation, if appropriate.(7) Determine how a verbatim record of the termination adjudication hearing will be made.(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 termination 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 termination pre-trial conference, status conference, or termination adjudication hearing without good cause may result in a finding that the parent has waived legal rights and will be deemed to have admitted the allegations in the termination petition or motion; 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;(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, the court must make findings pursuant to the standards and burdens of proof required under ICWA;(6) make findings and enter other orders that are appropriate or required by law.(e)Form. The court may provide the parent with a copy of Form 4, "Notice to Parent in a Termination 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 termination adjudication hearing if the parent fails to appear at the initial termination hearing without good cause, and the court finds that the parent: (A) had notice of the initial termination hearing;(B) was properly served pursuant to Rule 351;(C) had been admonished regarding the consequences of failing to appear at the initial termination 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 termination petition or motion.(2) At the hearing, the court may terminate parental rights based on the record and evidence presented if the requirements of subpart (f)(1) are satisfied and the petitioner or moving party has met the burden of proof required for termination. The court must enter its findings and orders pursuant to Rule 353(h). 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 353(d).Adopted Dec. 8, 2021, effective 7/1/2022; amended Aug. 29, 2022, effective 1/1/2023.