After the temporary custody hearing, on request of a parent or guardian 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. The court shall consider the failure of the parent or guardian to comply with the terms of the case plan as evidence that return of the child would create a substantial risk of harm to the child.
A.R.S. § 8-861
Return of child
Applied in 1 court decision — leading case Dep't of Child Safety v. Stocking-Tate (2019)
Most recently applied in Dep't of Child Safety v. Stocking-Tate (June 2019)
Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.