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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
juvenile court proceedings; appointment; attorney
Purpose
Modifies requirements relating to the appointment of attorneys and guardians ad litem in outlined proceedings.
Background
In all delinquency proceedings that commence with a petition or that may involve detention, all dependency proceedings and all termination of parental rights proceedings, the court must appoint an attorney for the child before the first hearing. The attorney must represent the child at all stages of the proceedings, including through dismissal if the proceeding is a dependency proceeding. In all juvenile court proceedings in which the dependency petition includes an allegation of abuse or neglect, the court must appoint a guardian ad litem to protect the juvenile's best interests. The guardian ad litem must be an attorney, except that the guardian ad litem is separate from the attorney that is appointed for the child (A.R.S. § 8-221).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, rather than allows, the court to appoint a guardian ad litem for a juvenile in relevant proceedings.
2. Specifies that the guardian ad litem must be appointed in dependency proceedings or termination or parental rights proceedings, rather than proceedings in which a dependency petition includes an allegation of abuse or neglect.
3. Allows the court to also appoint an attorney for the child depending on the child's age and ability to express an opinion.
4. Removes the specification that the guardian ad litem is not the child's attorney.
5. Requires the child's attorney to be appointed before the first hearing in a delinquency proceeding, rather than before the first hearing in delinquency, dependency and termination of parental rights proceedings.
6. Removes the specification that a child's attorney must represent the child through dismissal in a dependency proceeding.
7. Makes technical changes.
8. Becomes effective on the general effective date.
Prepared by Senate Research
February 6, 2026
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