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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: GOV DPA 4-2-0-1 |
HB 4049: attorney general; legal counsel; exemption
Sponsor: Representative Fink, LD 27
House Engrossed
Overview
Allows the Arizona Department of Child Safety (DCS) to employ legal counsel, make an expenditure or incur an indebtedness for legal services.
History
The Attorney General (AG) is the legal advisor of Arizona departments and renders legal services as the departments need. State agencies are not permitted to employ legal counsel, make an expenditure or incur an indebtedness for legal services except for the: 1) AG; 2) Director of Water Resources; 3) Residential Utility Consumer Office; 4) Industrial Commission; 5) Arizona Board of Regents; 6) Auditor General; 7) Corporation Commissioners and the Corporation Commission other than the Securities Division; 8) Office of the Governor; 9) Constitutional Defense Council; 10) Office of the State Treasurer; 11) Arizona Commerce Authority; and 12) Water Infrastructure Finance Authority of Arizona. If the AG finds that they are disqualified from providing legal representation or services on a state agency's behalf, the state agency is authorized to make expenditures and incur indebtedness to employ attorneys for representation or services upon the AG's written notification of disqualification (A.R.S. § 41-192).
Provisions
1. Permits DCS to employ legal counsel, make an expenditure or incur an indebtedness for legal services. (Sec. 1)
2. Asserts that the Attorney General or appointed counsel must represent Arizona's interests, not DCS as a client, in any dependency, severance, guardianship or adoption proceeding in which a party, the court or an oversight entity raises a credible allegation that DCS or their agent has:
a. failed to comply with statutes relating to child safety or a court order;
b. made a material misrepresentation to the court;
c. presented incomplete, misleading or false evidence; or
d. engaged in retaliation, gross negligence or willful misconduct. (Sec. 2)
3. Directs the AG or appointed counsel to conduct an independent review of the record and advise the court of their legal assessment regarding statutory compliance, evidentiary integrity and the appropriateness of DCS's recommendation. (Sec. 2)
4. States that the AG or appointed counsel is not subject to direction, retaliation or adverse employment action by DCS for taking a position inconsistent with DCS's recommendation in such cases. (Sec. 2)
5. Makes technical changes. (Sec. 1)
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9. Initials ML/MN HB 4049
10. 2/25/2026 Page 0 House Engrossed
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