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.