Rule 353 - Termination Adjudication Hearing(a) Generally. At a termination adjudication hearing, the court must determine whether the petitioner or moving party has met the burden of proving at least one ground for terminating parental rights, and whether termination is in the child's best interests.(b)Time for Hearing .(1)Deadline After Permanency Hearing. If a motion for termination of parental rights is filed, the termination adjudication hearing must be held no later than 90 days after the permanency hearing.(2)Deadline if Petition Is Contested. If a petition for termination of parental rights is contested, the termination adjudication hearing must be held no later than 90 days after the initial termination hearing.(3)30-Day Continuance. The court may continue the hearing for no more than 30 days beyond the 90-day limit if it finds that the continuance is necessary for the full, fair, and proper presentation of evidence and the best interests of the child would not be adversely affected; and(4)Longer Continuance. The court may continue the hearing for a longer period only on a finding of extraordinary circumstances which include but are not limited to acts or omissions that are unforeseen or unavoidable. Any party requesting a continuance must file a motion on this basis that specifies the extraordinary circumstances no later than 5 days after discovering them. The court's finding of extraordinary circumstances must be in writing and set forth the factual basis for the continuance. If the hearing is continued for more than 60 days, the court must make a written finding that substantial evidence exists that the additional time is in the best interest of the child.(c)Burden of Proof. The petitioner or moving party has the burden of proving: (1) by clear and convincing evidence, the alleged grounds for termination, and(2) by a preponderance of the evidence, that the termination would serve the child's best interests.(d)Burden of Proof for an Indian Child. If the child is an Indian child, in addition to the burdens under subparts (c)(1) and (c)(2), the petitioner or moving party must also prove: (1) beyond a reasonable doubt, with evidence that must include testimony from a qualified expert witness, that continued custody of an Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child, in accordance with ICWA § 1912 and 25 C.F.R. §§ 23.121 through 23.122; and(2) by clear and convincing evidence that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of an Indian family and that those efforts have proven unsuccessful, in accordance with ICWA § 1912 and 25 C.F.R 23.121 and 23.2.(e)Admission/No Contest. The parent may waive the right to trial on the allegations contained in the petition or motion for termination of parental rights by admitting or not contesting the allegations orally or in writing. In either circumstance, the court must:(1) determine whether the parent understands the rights being waived;(2) determine whether the parent knowingly, intelligently, and voluntarily admits or does not contest the allegations;(3) determine whether a factual basis exists to support the termination of parental rights; and(4) make the findings and enter the orders set forth in section (h).(f)Failure to Appear.(1) The court may proceed with the termination adjudication hearing if the parent fails to appear at the hearing without good cause, and the court finds that the parent: (A) had notice of the termination adjudication hearing;(B) was properly served pursuant to Rule 351; and(C) had been admonished regarding the consequences of failing to appear at the termination adjudication hearing, including a warning that the hearing could go forward in the parent's absence and that failing to appear may constitute a waiver of rights and an admission to the allegations contained 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 section (h).(g)Social Study. A social study prepared pursuant to A.R.S. § 8-536 or by court order is admissible as provided in Rule 104(d)(5).(h)Findings and Orders. At the conclusion of the hearing, the court must: (1) enter findings as to the court's jurisdiction over the subject matter and persons before the court; and(2) enter findings on whether the petitioner or moving party has met its burden of proof and, if so, (A) make specific findings of fact in support of the termination of parental rights and grant the motion or petition for termination;(B) appoint a guardian for the child, but it may vest legal custody in another person or authorized agency;(C) enter orders for the financial support of the child;(D) if the child is an Indian child, make findings pursuant to the standards required under ICWA, including whether placement of the child is in accordance with ICWA § 1915 and 25 C.F.R §§ 23.130 through 23.131, or whether there is good cause under 25 C.F.R. § 23.132 to deviate from the placement preferences; and(E) set or reaffirm the dependency review hearing.(3) whenever possible, obtain from a birth parent a notarized statement under A.R.S. § 8-534(B); (4) if the petitioner or moving party has not met its burden of proof:(A) deny the termination petition or motion; and(B) if appropriate, order the parties to submit a revised case plan before the dependency review hearing.Adopted Dec. 8, 2021, effective 7/1/2022; amended August 29, 2022, effective 9/24/2022; amended December 8, 2022, effective 1/1/2023.