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Rule 347 Successor Permanent Guardianships

Part III. Child Dependency and Guardianship, Termination of Parental Rights | 4. Guardianship Proceedings

(a) Motion. If a permanent guardian appointed pursuant to A.R.S. § 8-872 is unable or unwilling to continue to serve as permanent guardian, the permanent guardian, DCS, or any interested party may file a motion for appointment of a successor permanent guardian. The motion must be verified by the person filing the motion and contain all information required by A.R.S. § 8-874(A).

(b) Affidavit. If the motion identifies a proposed successor permanent guardian, the motion must be accompanied by an affidavit by the proposed successor permanent guardian that includes the information required by A.R.S. § 8-874(B).

(c) Procedures and Orders. Upon receiving a motion for successor permanent guardianship, the court must follow the procedures and enter orders as required by A.R.S. § 8-874(C).

(d) Notice. The court must order the person filing the motion to provide notice as required by A.R.S. § 8-874(D). If the child is an Indian child, the person must provide notice as required by ICWA.

Amendment history: Added Dec. 8, 2021, effective July 1, 2022.