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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
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 an attorney appointed for a child in proceedings involving dependency or termination of parental rights to 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.
2. Requires the appointed attorney, in making this determination, to consult with the child, the child's family and any other individuals who know the child.
3. Requires the appointed attorney to meet with the child at least once a month if the child is at least 5 years old.
4. Requires an appointed attorney to use substituted judgment if it is determined that a normal attorney-client relationship with the child is not reasonably possible.
5. Specifies that substituted judgment must be used to determine what the child would decide if the child was capable of making an adequately considered decision relating to their best interests.
6. Requires an appointed attorney, when used substituted judgment, to:
a) make a good faith effort to determine the child's needs and wishes;
b) consult with the child, the child's family and any other individuals who know the child; and
c) represent the child in accordance with the determination of the child's needs and wishes.
7. Requires an appointed attorney who 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 their own interest, to:
a) inform the court of the risk of harm, taking into account the wishes and values of the child and the child's best interests while respecting the child's family and social connections; and
b) request that the court appoint a guardian ad litem for the child.
8. Removes the specification that a child's attorney must represent the child through dismissal in a dependency proceeding.
9. Makes technical changes.
10. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Requires an appointed guardian ad litem to have the same authority to participate in any dependency proceeding or termination of parental rights proceeding as another attorney who is participating in the same proceeding.
Amendments Adopted by Committee of the Whole
1. Restores the requirement that the court appoint an attorney for a child in all proceedings involving dependency or termination of parental rights.
2. Removes the requirement that a guardian ad litem be appointed to represent a juvenile's best interests.
3. Requires the appointed attorney to determine whether the child has diminished capacity that would impact the child's ability to express their own opinion or make their own decisions.
4. Requires the attorney, in making this determination, to consult with the child, the child's family and any other individuals who know the child.
5. Requires the attorney to meet with the child at least once every month if the child is at least 5 years old.
6. Directs an attorney to use substituted judgment to determine what is in a child's best interest if the attorney determines that a normal attorney-client relationship is not reasonably possible.
7. Requires the attorney, when utilizing substituted judgment, to make a good faith effort to determine the child's needs and wishes and consult with the child, the child's family and anyone who knows the child in order to represent the child in accordance with the child's needs and wishes.
8. Requires an attorney, if there is reasonable belief that a child is at risk of substantial physical, financial or other harm, and the child is incapable of adequately acting in their own interest, to:
a) inform the court of the risk of harm, taking into account the wishes and values of the child while respecting the child's social connections; and
b) request that the court appoint a guardian ad litem for the child.
Senate Action
JUDE 2/20/26 DPA 5-2-0
Prepared by Senate Research
March 10, 2026
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