Senate Engrossed House Bill

State of Arizona House of Representatives Forty-seventh Legislature Second Regular Session 2006

HOUSE BILL 2559

 

AN ACT

 

Amending section 8-223, Arizona Revised Statutes; amending title 8, chapter 2, article 2, Arizona Revised Statutes, by adding sections 8-225 and 8-226; amending laws 2003, second special session, chapter 6, section 45; RELATING to juvenile hearings.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 8-223, Arizona Revised Statutes, is amended to read:

START_STATUTE8-223.  Jury trials; change of judge

A.  A hearing to terminate parental rights that is held pursuant to section 8‑537 or 8‑863 shall be tried to a jury if a jury is requested by a parent, guardian or custodian whose rights are sought to be terminated.

B.  In any county with a population of at least five hundred thousand persons, the parent, guardian or custodian whose rights are sought to be terminated may request a change of judge if that person did not request a jury trial and the judge assigned to the case is the same judge who heard the dependency case.  The court shall not grant more than one request pursuant to this subsection. END_STATUTE

Sec. 2.  Title 8, chapter 2, article 2, Arizona Revised Statutes, is amended by adding sections 8-225 and 8-226, to read:

START_STATUTE8-225.  Parental rights; hearings; decision

A.  The court must issue a decision within thirty days after it holds a hearing to terminate parental rights pursuant to section 8-537 or 8-863.

B.  If at the conclusion of a trial, the trier of fact does not terminate parental rights, another action to terminate parental rights shall not be brought pursuant to section 8-537 or 8‑863 unless the action relates to a new allegation or new information.  The filing of a subsequent action does not prohibit the admission of any evidence that was considered or introduced or could have been considered or introduced at a prior proceeding if otherwise admissible. END_STATUTE

START_STATUTE8-226.  Permanency mediation program

A.  Subject to legislative appropriation, the administrative office of the courts shall establish a permanency mediation program in the juvenile court to provide nonadversarial dispute resolution alternatives and to promote permanency for dependent children.  The program shall allow the court to employ mediators or to contract for mediation services to facilitate alternative dispute resolution activities.

B.  The administrative office of the courts shall prescribe the formula for distributing monies appropriated for the program to each county juvenile court based on the number of dependency petitions filed in each court in the previous year. END_STATUTE

Sec. 3.  Laws 2003, second special session, chapter 6, section 45, is amended to read:

Sec. 45.  Delayed repeal

Section 8-223, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2006 2009.

Sec. 4.  Effective dates

A.  Notwithstanding Laws 2003, second special session, chapter 6, section 10, section 8-537, Arizona Revised Statutes, as amended by Laws 2003, second special session, chapter 6, section 10, is effective from and after December 31, 2009.

B.  Notwithstanding Laws 2003, second special session, chapter 6, section 33, section 8-863, Arizona Revised Statutes, as amended by Laws 2003, second special session, chapter 6, section 33, is effective from and after December 31, 2009.