|
Senate Engrossed
juvenile court proceedings; appointment; attorney |
|
State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
|
|
SENATE BILL 1234 |
|
|
|
|
AN ACT
amending section 8-221, Arizona Revised Statutes; relating to juvenile court.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-221, Arizona Revised Statutes, is amended to read:
8-221. Counsel right of juvenile, parent or guardian; appointment; guardian ad litem
A. The court shall appoint an attorney for a child in all delinquency proceedings that commence with a petition or that may involve detention, dependency proceedings or termination of parental rights proceedings that are conducted pursuant to this title. The court shall appoint the child's attorney before the first hearing. The child's attorney shall represent the child at all stages of the proceedings and, in a dependency proceeding, through dismissal.
B. The court shall appoint an attorney for a child in all proceedings involving dependency or termination of parental rights before the first hearing. The appointed attorney shall determine whether the child has diminished capacity that would impact the child's ability to express the child's own opinion or to make decisions for the child. In making this determination, the appointed attorney shall consult with the child, the child's family and any other individuals who know the child. If the child is at least five years of age, the appointed attorney shall meet with the child not less than once a month.
C. If an attorney who is appointed pursuant to subsection B of this section determines that a normal attorney-client relationship is not reasonably possible to maintain and that the child is not able to direct the legal representation due to diminished capacity or the child's inability to express the child's own opinion, the appointed attorney shall use substituted judgment to determine what the child would decide if the child was capable of making an adequately considered decision when considering what is in the best interest of the child. The appointed attorney shall do all of the following:
1. make a good faith effort to determine the child's needs and wishes.
2. consult with the child, the child's family and any other individuals who know the child.
3. represent the child in accordance with the determination of the child's needs and wishes.
D. If in the course of representing the child an attorney who is appointed pursuant to subsection B of this section reasonably believes that a child is at risk of substantial physical, financial or other harm and that the child does not have the capacity to adequately act in the child's own interest, the appointed attorney shall do either of the following:
1. inform the court of the substantial risk of harm, taking into account the wishes and values of the child and the child's best interests and respecting the child's family and social connections.
2. request that the court appoint a guardian ad litem for the child.
B. E. If a parent or guardian is found to be indigent and entitled to counsel, the juvenile court shall appoint an attorney to represent the person or persons unless the person knowingly, intelligently and voluntarily waives counsel.
C. F. Before any court appearance that may result in institutionalization or mental health hospitalization of a juvenile, the court shall appoint counsel for the juvenile if counsel has not been previously appointed or retained by or for the juvenile.
D. G. The county board of supervisors may fix a reasonable sum to be paid by the county for the services of an appointed attorney.
E. H. In a county where there is a public defender, the public defender may act as attorney in either:
1. A delinquency or incorrigibility proceeding when requested by the juvenile court.
2. Any other juvenile proceeding that is conducted pursuant to this title if the board of supervisors authorizes the appointment of the public defender.
F. I. In all juvenile court proceedings in which the dependency petition includes an allegation that the juvenile is abused or neglected, the court may appoint a guardian ad litem to protect the juvenile's best interests. This guardian ad litem shall be an attorney. The guardian ad litem is not the child's attorney.
G. J. Any guardian ad litem or attorney appointed for a juvenile shall meet with the juvenile before the preliminary protective hearing, if possible, or within fourteen days after the preliminary protective hearing. The guardian ad litem or the child's attorney appointed for the juvenile also shall meet with the juvenile before all substantive hearings. On a showing of extraordinary circumstances, the judge may modify this requirement for any substantive hearing.