questions & answers

Question: my house was raided for identity theft and baby daddy left meth on counter. caps was called and they took my son away. in my police report the conclusion on child dangerment was denied when investigated but cps still has my son. they only know what the police told them at the time of the incident. apparently the higher ups in police denied the allegation. I'm going to prison for years. can I still file guardianship to my mom even tho he is still in cps? we r in process of icpc for him to live with my mom but I want cps out of pic. it feels like something is wrong with this case.

Answer: The following is provided for general information only. Any person interested in the welfare of a minor may petition the court for appointment of a guardian. A.R.S. 14-5207 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/14/05207.htm&Title=14&DocType=ARS). The court may establish a permanent guardianship between a child and the guardian if the prospective guardianship is in the child's best interests and all of the following apply: 1. The child has been adjudicated a dependent child. 2. The child has been in the custody of the prospective permanent guardian for at least nine months as a dependent child. The court may waive this requirement for good cause. 3. If the child is in the custody of the division or agency, the division or agency has made reasonable efforts to reunite the parent and child and further efforts would be unproductive. The court may waive this requirement if it finds that reunification efforts are not required by law or if reunification of the parent and child is not in the child's best interests because the parent is unwilling or unable to properly care for the child. 4. The likelihood that the child would be adopted is remote or termination of parental rights would not be in the child's best interests. A.R.S. 8-871 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/8/00871.htm&Title=8&DocType=ARS). The court may consider any adult, including a relative or foster parent, as a permanent guardian. Information regarding the procedure for filing a motion for permanent guardianship can be found under A.R.S. 8-872 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/8/00872.htm&Title=8&DocType=ARS). One can find out more information on guardianship, the process for guardianship and the necessary forms through the local Superior Court. For Maricopa County, one can view the appropriate documents on the court's website (http://www.superiorcourt.maricopa.gov/SuperiorCourt/JuvenileCourt/guardianship.asp). To find out how the law applies to a specific situation, contact an attorney directly.