Legacy Have Academy Foundation Policy for Guardianship Claims, Child Release, and Protection from Abuse

This policy outlines the procedures for handling guardianship claims for children in the care of Legacy Haven Academy Foundation (the "Academy"), a residential group care facility for orphans and homeless children in Mohave County, Arizona. It ensures compliance with Arizona Revised Statutes (ARS), Arizona Department of Child Safety (DCS) policies, Arizona Department of Health Services (ADHS) Bureau of Child Care Licensing rules, and Mohave County Superior Court procedures. The Academy prioritizes each individual child's safety and well-being above all else, conducting continuous monitoring and psychological services for students. While every effort is made to reconnect students with their living families, the Academy will exercise every legal lever to prevent abusers from claiming children.

This policy applies to all staff, volunteers, contractors, and administrators at the Academy. Violations may result in disciplinary action, up to and including termination, and potential legal consequences. This is a draft policy; the Academy recommends consultation with legal counsel for finalization and ongoing compliance.

Section 1: Overview of Legal Framework and Academy Commitments

The Academy operates as a licensed residential group care facility under ADHS Bureau of Child Care Licensing (R9-3-101 et seq.) and in coordination with DCS for dependent children (ARS Title 8). Facilities provide 24-hour care for orphans and homeless children who may be court dependents due to abuse, neglect, abandonment, or homelessness.

1.1 Key Commitments

• Continuous Monitoring and Psychological Services: The Academy conducts ongoing monitoring of each student's physical, emotional, and psychological well-being. This includes regular assessments by licensed psychologists, counselors, and social workers to identify needs, track progress, and address trauma. Services are provided in-house or through approved partners, with documentation maintained in compliance with HIPAA and ARS § 8-807.
• Family Reconnection Efforts: The Academy actively supports reconnection with living family members when safe and in the child's best interest. This includes facilitating supervised visits, family counseling, and referrals to DCS for reunification planning (ARS § 8-871(A)). Efforts are documented and reviewed quarterly.
• Prevention of Abuse: The Academy will utilize all available legal mechanisms to prevent abusers from gaining custody, including mandatory reporting, opposition to guardianship petitions, and coordination with DCS and courts.
• Child Safety Priority: All decisions prioritize the child's safety and well-being (ARS § 8-871(D)). This supersedes family reunification if abuse or risk is present.

1.2 Types of Guardianship

Guardianship claims typically involve:

• Title 8 Permanent Guardianship (ARS § 8-871): For DCS-dependent children; court-ordered with suspended parental rights.
• Title 14 Probate Guardianship (ARS § 14-5201 et seq.): For non-dependent children; requires parental consent.
• Kinship Guardianship: Prioritized for relatives, with cultural considerations (e.g., Indian Child Welfare Act for Native American children).

Agencies or institutions cannot serve as guardians (ARS § 8-871(C)).

Section 2: Process for Guardianship Claims and Child Release

Prospective guardians must petition the Mohave County Superior Court Juvenile Division. The Academy will not release a child without a valid court order.

2.1 Pre-Petition Eligibility Assessment

• Guardian must be 18+ with no disqualifying criminal history (ARS § 8-804).
• DCS conducts background checks, home studies, and suitability evaluations (including ICPC for out-of-state guardians).
• Child (age 12+) must consent unless waived by the court (ARS § 8-871(C)).

2.2 Petition Filing and Notice

• File "Motion for Permanent Guardianship" in the dependency case at Mohave County Superior Court (Kingman: 700 W. Beale St.; Bullhead City: 2225 Trane Rd.; phone: 928-753-0713).
• Serve notice to all parties (parents, DCS, child's attorney, Academy) at least 10 days prior (ARS § 8-872).
• Forms available at azcourthelp.org or mohavecourts.com; e-filing via eFileAZ.

2.3 DCS Investigation and Report

• DCS notifies within 14 court days and investigates within 10 days (ARS § 8-871(B), § 8-872(E)).
• Report covers reunification efforts, child's needs, and guardian suitability. Academy staff provide input on child's monitoring and psychological assessments.

2.4 Court Hearings

• Preliminary hearing within 21–45 days; evidentiary hearing assesses best interests (ARS § 8-871(D)).
• Academy may testify or submit evidence (e.g., psychological reports).
• Hearings in Division 1 (Judge Megan A. McCoy); follow Arizona Rules of Procedure for the Juvenile Court.

2.5 Court Order and Release Procedures

• Upon approval, guardian gains custody powers (ARS § 14-5209).
• Academy verifies order, guardian ID, and DCS authorization (R9-3-307(C)).
• Develop discharge plan (R9-3-406): Includes medical/education summaries, transition supports, and psychological referrals.
• Notify DCS 48–72 hours in advance (DCS Policy CH5-S24).
• Retain records for 12 months post-discharge (R9-3-301).
• Siblings released together if in best interest.

2.6 Conditions for Guardianship Approval

• Child dependent or pending petition.
• 9 months in guardian's custody (waivable).
• Reunification exhausted or not required.
• Adoption/TPR not in best interest (ARS § 8-871(A)).

Section 3: Handling Documented Proof of Abuse by Prospective Guardians

If the Academy has documented evidence of abuse (e.g., medical reports, witness statements, prior DCS findings), immediate action is required to protect the child.

3.1 Mandatory Reporting

• All staff are mandatory reporters (ARS § 13-3620).
• Report immediately to DCS Hotline (1-888-SOS-CHILD) and Mohave County law enforcement (Sheriff: 928-753-0753).
• Written report to DCS within 72 hours (DCS Policy CH5-S01).
• Failure to report: Misdemeanor or felony penalties.

3.2 Prohibition on Release

• No release without court/DCS approval (ARS § 8-801; R9-3-307(C)).
• DCS may issue 72-hour hold (ARS § 8-821).
• Maintain secure file of evidence (R9-3-301); share with DCS/court.

3.3 Notification and Evidence Submission

• Inform DCS caseworker (Mohave: 928-757-0905) and court immediately.
• Provide evidence within 48 hours (DCS Policy CH5-S01).
• Appoint Guardian ad Litem if needed (ARS § 8-872(F)).

3.4 Impact on Proceedings

• DCS investigates (10–30 days; ARS § 8-804); recommends denial if abuse substantiated.
• Court denies petition if safety compromised (ARS § 8-871(D)).
• Potential criminal charges against guardian (ARS § 13-3623).
• Academy opposes petition, providing psychological assessments showing trauma impact.

3.5 Post-Denial Actions

• Update child's case plan for ongoing placement or alternatives (e.g., kinship, adoption).
• Continue monitoring and psychological services to address trauma.

Section 4: Facility Licensing and Compliance

• Certified under ADHS (R9-3-301 et seq.); zoning per Mohave County Ordinance.
• Annual inspections; violations (e.g., improper release) lead to fines ($500; ARS § 36-897.01) or revocation.
• Staff training on abuse reporting and child safety (R9-3-202).
• Tribal compliance for ICWA cases.

Section 5: Additional Supports and Appeals

• Subsidies: Guardians apply for Title 8 subsidy (CSO-1163A); AHCCCS, SSI, ETV available.
• Appeals: 15–30 days (ARS § 8-235, § 8-873).
• Revocation: Possible if conditions change.

Section 6: Policy Review and Training

• Annual review by Board.
• Mandatory staff training on this policy.
• Resources: Mohave DCS (928-757-0905), Juvenile Court (928-753-0713), azlawhelp.org.

Note: This policy incorporates Arizona laws, DCS policies, and ADHS rules as of October 8, 2025. Laws may change, so verify with legal counsel, Mohave County DCS (928-757-0905), or the Juvenile Court (928-753-0713) for updates. The appendices ensure transparency and accessibility for all stakeholders.