Official Summary Text
SB1081 - 572R - Senate Fact Sheet
Assigned to
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COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
S.B. 1081
DCS cases;
attorney appearances
Purpose
Prohibits an
attorney representing the Department of Child Safety (DCS) in specified cases
from appearing before a judge whom the attorney has already appeared before in any
of DCS' previous five cases.
Background
The juvenile
court has jurisdiction over proceedings in an action in which parental rights
are terminated. In a juvenile court proceeding an attorney may substitute as
attorney of record in a pending action only by court order, except as
prescribed for case transfers within the same law firm or governmental office. The
attorney must file a motion that contains the client's written consent and a
proposed order, and the substituting attorney must promptly provide the signed
order to the other parties' attorneys.
If a pending case is transferred within
the same law firm or governmental office, the court must be notified of the new
attorney of record, including any changes in the physical or email address. An
order of substitution is not required for case transfers within the same law
firm or governmental office. If a transfer is made for purpose of appeal, the
notice must be filed with the appellate court in which the case is pending (
A.R.S.
� 8-202
;
Ariz.
Juv. Ct. Rules of Proc., Rule 304
).
A party to a
juvenile court proceeding is entitled to a change of judge for cause on the
grounds that the: 1) judge has been engaged as counsel in the action prior to
appointment or election as a judge; 2) judge is otherwise interested in the
action; 3) judge is of kin or related to either party to the action; 4) judge
is a material witness in the action; or 5) party filing the affidavit has cause
to believe and does believe that on account of the bias, prejudice, or interest
of the judge, the party cannot obtain a fair and impartial trial. A party
waives the right to a change of judge for cause when the party allows a
contested proceeding to begin or continue before that judge without objection
and after learning that grounds exist for a challenge for cause.
A party to a
juvenile court proceeding may also make one request for a change of judge
without cause by making the request on the record in open court or by filing a
notice of change of judge that is signed by the party's attorney or the party,
if self-represented, and that states the name of the judge to be changed. The
notice of change of judge must be filed within five days after notice is
provided to the requesting party of the assignment of the case to a judge. A
party waives the right to a change of judge without cause when the party
participates before that judge in any contested proceeding (
A.R.S.
� 8-865
;
Ariz.
Juv. Ct. Rules of Proc., Rule 108
).
There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1.
Prohibits an attorney who represents DCS in a dependency, adoption,
termination of parental rights or guardianship case from appearing before a
judge whom the attorney has already appeared before in any of DCS' previous
five cases.
2.
Contains a statement of legislative intent.
3.
Becomes effective on the general effective date.
Prepared by Senate Research
January 16, 2026
ZD/KS/ci
Current Bill Text
Read the full stored bill text
SB1081 - 572R - S Ver
Senate Engrossed
DCS cases; attorney
appearances
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1081
AN
ACT
amending title 8, chapter 4, article 1,
Arizona Revised Statutes, by adding section 8-469.03; relating to the
department of child safety.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 8, chapter 4, article 1,
Arizona Revised Statutes, is amended by adding section 8-469.03, to read:
START_STATUTE
8-469.03.
Department cases; attorney appearances
Notwithstanding any other law, in a department
case involving dependency, adoption, termination of parental rights or
guardianship, an individual attorney who represents the department may not
appear before a judge if the individual attorney has appeared before that same
judge within the department's previous five cases.
END_STATUTE
Sec. 2.
Legislative intent and findings
A. The legislature intends
to promote the interests of biological families and avoid removal and placement
of minors in foster care when possible, even to the extent of kinship
promotion.� Removal of a minor must be the last viable option.
B. The legislature finds
that the potential for bias is inherently countered and undue influence through
familiarity is minimized by ensuring the rotation of attorneys who appear in
front of various judges and courtrooms.