Glossary


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Abuse: Infliction or allowing of physical injury or serious emotional damage to a child. It's defined by A.R.S. §8-201 in AZ.

Active Efforts
Term used in connection with Indian children under the Indian Child Welfare Act. The state is required to make active efforts to provide remedial and rehabilitative services designed to prevent the breakup of the Indian family or reunify an Indian child with his/her family.

ACYF
Administration for Children Youth and Families. Part of the AZ Department of Economic Security (DES). Child Protective Services (CPS) is one of the programs under ACYF.

Adjudicated
A determination of legal status by the juvenile court

Adjudication Hearing
In child welfare proceedings, the trial stage at which the court determines whether allegations of dependency, abuse, or neglect concerning a child are sustained by the evidence and, if so, whether the allegations are legally sufficientto support state intervention on behalf of a child; provides the basis for state intervention into a family, as opposed to disposition hearing, which concerns the nature of such intervention.

Adoptive Parent
The adult person with whom a relationship is legally established to a child not biologically related. Inder the adoptive relationship, the child becomes the heir and is entitled to all other privileges belonging to a natural child of the adoptive parent.

Adoption Hearing Judicial Proceeding in which a relationship is legally established between the adult individual and a child not biologically related.

Allegation
An assertion, declaration, or statement of a party to an action, made in a pleading, setting out what he/she expects to prove.

Amended Petition
Petition in which the state has altered all or part of its allegations as a result of a settlement conference between the parent(s), the child's attorney, and the state; also may be a petition to which new allegations have been added as a result of new information acquired.

Best Interest of Child
The standard to which a judge must adhere when deciding whether a child should remain in an out-of-home placement or whether a parent's rights should be severed.

CASA
Court Appointed Special Advocate. A community-based volunteer who speaks out for the best interests of Arizona's children. The CASA is appointed by the juvenile court judge on the case of a dependent child.

Case
A case is made up of all children in a family; In Arizona, the case is, usually, listed under the mother's name.

Case Plan
A plan developed by CPS regarding placement of a child, including services to be provided to the family, requirements for the parents, and deadlines for completion of the requirements.

Case Screening
The process used by county CASA coordinators to determine the appropriateness of the assignment of a specific case to a specific volunteer.

Case Worker
A trained professional employed by DES or by an agency under contract to DES. The Case manager oversees the development of the permanent plan for the child and arranges for and monitors services to see that the needs of the child and/or family are met.

Child Any person under the age of 18 years

Child Custody
Full legal authority to determine the care, supervision, and discipline of a child; when custody is assigned to an individual or couple, it includes physical care and supervision.

Commissioner
A Judicial Officer who is authorized, by statute, to hear all juvenile matters except contested dependency cases. In Pima County, the AZ Supreme Court gives Juvenile Court Commissioners Judge Pro Tem status, so Juvenile Court Commissioners can hear contested matters in Pima County. The Pro Tem status is renewed annually.

Concurrent case plan
At the permanency planning, the judge may order concurrent plans of severance/adoption and reunification. The Judge will do this when there is reason to believe that the parent will successfully complete the case plan.

Contested
A position taken on a case, which implies a disagreement of relavent issues.

Continuation
The court's position on a case that re-schedules a hearing to a later date. Any party in the case can request a continuance, but only the court may grant such a request.

County Jurisdiction
The county where a petition has been filed and a child has been adjudicated dependent, delinquent, or incorrigible.

Court Case Number
The number assigned by the juvenile court to a case/child.

Court Order
A legal document originating with a judicial officer ordering something to occur on a case.

Court Report
A formal document written to the court by a CASA volunteer or case manager.

CPS
Child Protective Services. A division of ACYF that accepts and investigates referrals about child abuse and neglect. CPS is represented by the Attorney General's office.

DCATS
Dependant Children Automated Tracking System is a statewide database used by CASA program staff to track information on CASA volunteers and the dependency cases to which they are assigned.

Default
The failure of a party to appear in court after proper service resulting in a ruling against the party.

Dependant Child
A young person subject to the jurisdiction of the court because of child abuse or neglect.

Direct Calendaring
An administrative scheduling procedure used by courts in which child abuse and neglect cases involving a single family are assigned to a single judge or judicial officer at the time the case is first filed and for the duration of the government involvement with a specific family.

Dependency Petition
The formal written pleading asking the court to find a child dependent and to enter appropriate orders regarding it.

Dependency Adjudication
The finding of the status of dependency by the court. The finding indicates that government involvement is necessary for the protection and safety of a child.

Dependency Disposition
Hearing at which the court determines whether the status of dependency exists.

Disposition Hearing
Formal title for the stage of the juvenile court process in which, after finding that a child is within the jurisdiction of the court (at the dependency disposition), the court determines who shall have custody and control of a child; elicits judicial decisiona s to whether to continue out-of-home placement or to return a child to the home.

Dependency Review
Once the Court has issued orders of disposition, both Federal and State Law require that the Court monitor each child in an out of home placement on a regular basis and hold formal reviews not less than six months apart.

Diversion Programs
Community-based services designed to prevent the necessity of child abuse, neglect, or other dependency matters coming before the court.

Facilitator
Person who is responsible for conducting a meeting of the courts, such as mediation; responsible for assuring that appropriate issues are addressed.

FCRB
Foster Care Review Board. Program established by statute; designed to assist juvenile court judges; serves a quasi-judicial function with a five-member volunteer board that reviews, within six months, the case of each child who remains in an out of home placement. Boards determine what efforts have been made by the social service agency with whom the child has been placed to carry out the plan for the child. Boards then submit recommendations to the juvenile court judge.

Foster Care
Temporary residential care provided to a minor child placed pursuant to a neglect or dependency hearing; can include care by a non-biological foster family, group home, residential, or institutional care.

Foundation
Requirement that a proponent of the evidence "lay a foundation" for an offered exhibit or witness testimony. To do this the proponent must present sufficient evidence to support a finding that the matter in question is what its proponent claims it to be.

Final Permanency
Hearing at which the court determines the final permanency plan for the child and family. If the parent has been successful in following the case plan, the final permanency plan could be reunification of the family. If the parent has been unable or unwilling to follow the case plan, the final permanency plan may be severance and adoption, Title 8 Guardianship, or long-term foster care.

GAL
Guardian Ad Litem. 1) in certain dependency matters, a person with formal legal training appointed by a judge to represent the best interest of an allegedly abused or neglected child; differs from the legal advocate for the child who specifically represents the child's wishes before the court. 2) A recruited, screened, and trained citizen volunteer without formal legal training, appointed by a judge to represent the best interests of a child.

Guardianship
A legally established relationship between a child and adult who is appointed to protect the child's best interests and to provide the child's care, welfare, education, discipline, maintenance, and support; includes the right to physical possession of the child. Also called Permanent Guardianship.

Hearsay
Out of court statement offered in evidence to prove the truth of the matter asserted.

ICPC
Interstate Compact of Placement of Children. Multi-state agreement governing the placement of children out-of-state.

In-home Placement
When a child is allowed to remain at home despite the need for state intervention in the form of a dependency. Typically, the court has found by a preponderance of the evidence that the child would not be at risk of harm to remain in the home.

Initial Permanency
Hearing not more than twelve months after the child was initially removed from the child's parent or guardian where the court shall order that the child be returned to the child's parent or guardian if the court finds by a preponderance of the evidence that the return of the child would not create a substantial risk of harm to the child's physical, mental or emotional health or safety. If the child is not returned to the child's parent or guardian at the initial permanency hearing, the court shall, among other things, order the department to finalize a permanent plan.

Indian child
Defined at 25 U.S.C. 1903(4). Child who is a member of or eligible for membership in an Indian tribe and who is the biological child of a member of an Indian tribe.

Interested party
Person who has concerns about the health and safety of a child.

Invoke the Rule
Refers to the ability of any party to a proceeding to request that witnesses, who will be testifying in the proceeding, be excluded from the court room until it is time for them to testify.

JOLTS
Juvenile On-Line Tracking System. A state-wide database used by juvenile court staff to track information on dependency and delinquency cases of juveniles.

Juvenile Court
The Juvenile Division of the Superior Court authorized to preside over juvenile court matters.

Knowing and Voluntary
Used in reference to admissions, pleas, or decisions in court. Indicates whether party had the capacity to understand a decision or action and whether a party was forced into a decision or action by coercion or threats.

Legal Status
The court's adjudication of the child.

Long-term Foster Care
Extended residential care provided to a minor child placed pursuant to a neglect or dependency hearing; can include care by a non-biological foster family, group care, residential care, or institutional care.

Mandated Reporters
Those required by law to report suspected incidences of child abuse and neglect.

Mediation
Structured negotiations involving parents, social services agencies, and independent, third-party representatives involved in reaching joint solutions in matters before the court.

Mediator
A neutral person who conducts the mediation designed to bring agreement to the parties of record.

Minute Entry
An official summary of the activity of the activity and court decisions that took place on a particular date, at aparticular time, concerning a particular case; details any orders of the court and describes what is to happen next regarding the case.

Model Court
Court process designed to accelerate the judicial process involving children who are the victims of abuse, neglect or abandonment. Several states nationwide follow this process nationwide.

Motion
An application to the courtmade in reference to a pending action, addressed to a matter within the discretion of the judge.

Neglect
The failure of a parent or guardian to give proper care or attention to a child.

Notification
Mandated procedures involving notification of parties in the case of upcoming court proceedings.

Out-of-home Placement
Placement of a child with an individual or agency other than the child's parent or legal guardian.

Permanency Planning
Court proceedings designed to reach a decision concerning the permanent placement of the child.

Petition
A formal written request to the court for a certain thing to be done.

Plea
See Stipulation

Pre-hearing Conference
Occurs immediately before the in-court Preliminary Protective Hearing to discuss the issues of placement, visitation, and services to the child and family.

Preliminary Protective Hearing
A hearing scheduled within 5-7 days of the child's removal from home. Issues required to be addressed are placement, services, and visitation.

Putative Father
Alleged or supposed male parent; the person alleged to have fathered a child whose parentage is at issue.

Reasonable Efforts
The Adoption and Safe Families Act requires that "reasonable efforts be made to prevent or eliminate the need for removal of a dependant, neglected, or abused child from the child's home or to reunify the family if the child is removed. Its designed to ensure that families are provided with services to prevent their disruption and to respond to the problem of unnecessary disruption and foster-care drift.

Relative
Under AZ law, a grandparent, great-grandparent, brother, sister of whole or half blood, aunt, uncle, or first cousin.

Residential Care
A form of foster care involving placement in group or congregate care.

Review Hearing
Court proceeding which takes place after disposition in which the court comprehensively reviews the status of a case, examines progress made by the parties since the conclusion of the disposition hearing, provides for correction and revision of the case plan, and makes sure that cases progress and children spend as short a time as possible in temporary placement.

Service of Process
The formal notification procedure required by the court.

Settlement Conference
A meeting or hearing of attorneys and parties for purpose of negotiating an agreement on dependency allegations; overseen by a judicial officer.

Severance
See Termination of Parental Rights.

Social Study
Report to the court pertaining to a study of the proposed placement of a child.

Stipulation
Agreement, admission, or concession made by parties in judicial proceedings or by their attorneys relating to the business before the court. Also called a plea.

"Substantially neglected or wilfully refused"
Phrase used to describe a parent's complete disregard of the requirements of the case plan; a court's finding of this will usually result in a termination of parental rights.

Temporary Custody
Hearing Contested hearing at which the court must determine whether the state has proven by a preponderance of the evidence that removal from the home was necessary for the safety of the child.

Termination of Parental Rights
A formal proceeding, usually sought by a state agency, at the conclusion of a dependency proceeding, in which severance of all legal ties between the parent and child is sought against the will of one or both parents; the burden of proof is clear and convincing evidence on the part of the state.

Voluntary Placement
Arrangement between CPS and the parents without court involvement allowing for out-of-home placement for up to 90 days.