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SB1234 • 2026

juvenile court proceedings; appointment; attorney

SB1234 - juvenile court proceedings; appointment; attorney

Children Parental Rights
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Carine Werner, Hildy Angius
Last action
2026-03-19
Official status
House second read
Effective date
Not listed

Plain English Breakdown

The official text shows conflicting information regarding whether a guardian ad litem is required versus optional (may appoint) depending on which version of the summary or statute section is read, but the final enacted text uses 'may' in subsection I.

SB1234: Rules for Lawyers in Juvenile Court Cases

This law changes how courts appoint lawyers and guardians ad litem, requiring attorneys to check if a child can make their own decisions and setting rules for when they must use 'substituted judgment' or ask the court for extra help.

What This Bill Does

  • Requires appointed attorneys in dependency or termination of parental rights cases to determine if a child has diminished capacity that affects their ability to express opinions or make decisions.
  • Mandates that attorneys consult with the child, family members, and others who know the child when making this determination.
  • Sets a rule that attorneys must meet with children aged 5 years or older at least once every month.
  • Directs attorneys to use 'substituted judgment' if they cannot maintain a normal attorney-client relationship because of the child's limited capacity, deciding what the child would choose based on their needs and wishes.
  • Requires attorneys who believe a child faces substantial harm and cannot act in their own interest to inform the court or request that the court appoint a guardian ad litem.

Who It Names or Affects

  • Children involved in dependency, termination of parental rights, delinquency proceedings involving petitions or detention
  • Attorneys appointed by courts to represent children in these cases
  • Guardians ad litem who may be requested for specific situations involving child safety

Terms To Know

Substituted judgment
A method where an attorney decides what a child would choose if the child were able to make that decision, based on the child's needs and wishes.
Guardian ad litem
An attorney appointed by the court specifically to protect the best interests of a juvenile in cases involving abuse or neglect allegations; this person is separate from the child's own lawyer.
Diminished capacity
A condition where a child may not be able to fully express their own opinion or make decisions for themselves due to age, development, or other factors.

Limits and Unknowns

  • The law does not specify the exact date it will take effect beyond stating it follows the general effective date.
  • Courts may modify meeting requirements if a judge finds extraordinary circumstances exist for specific hearings.
  • Local county costs are determined by county boards of supervisors, though there is no anticipated fiscal impact on the state General Fund.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Plain English: This amendment requires courts to appoint a lawyer for children in delinquency cases before the first hearing and changes rules about when guardians ad litem must be appointed.

  • Courts must now assign an attorney to represent a child in delinquency proceedings before the very first court hearing takes place.
  • In dependency or termination of parental rights cases, courts are required (shall) instead of optional (may) to appoint a guardian ad litem if abuse or neglect is alleged.
  • The amendment clarifies that a guardian ad litem must be an attorney and may not always replace the need for a separate child's attorney depending on the child's age.
  • Some parts of the text are unclear because they mix old rules with new ones, making it hard to tell exactly how often courts can choose between appointing just one lawyer or two.
  • The amendment removes a sentence about guardians having the same authority as other attorneys, but does not explain if this changes their actual power in court.

Plain English: This amendment changes the rules for juvenile court cases to require that a child's lawyer be appointed before their first hearing and makes it mandatory, rather than optional, for courts to appoint an attorney as a guardian ad litem in abuse or neglect cases.

  • Courts must now assign a lawyer to represent a child before the very first hearing starts in delinquency cases.
  • In dependency or termination of parental rights cases involving allegations of abuse or neglect, courts are required to appoint an attorney as a guardian ad litem instead of having the option to do so.
  • The amendment clarifies that while a guardian ad litem is appointed for the child's best interests, the court may also separately appoint another lawyer specifically to represent the child depending on their age and ability.
  • The text does not explain how counties will pay for these additional required appointments.
  • It is unclear exactly what 'extraordinary circumstances' would allow a judge to skip meeting with the juvenile before hearings as mentioned in Section G.

Plain English: This amendment changes how lawyers are assigned to children in dependency and termination of parental rights cases by requiring an attorney for every child, removing the automatic appointment of a guardian ad litem, and setting new rules for when attorneys must act based on what is best for the child.

  • Requires courts to appoint an attorney for a child in all proceedings involving dependency or termination of parental rights before the first hearing.
  • Removes the rule that automatically requires a guardian ad litem to be appointed to represent the child's best interests.
  • Mandates that attorneys check if a child has diminished capacity by talking with the child, family, and others who know them, including meeting monthly with children aged 5 or older.
  • Allows an attorney to use 'substituted judgment' (deciding what is in the child's best interest) if they cannot have a normal relationship with the child due to diminished capacity.
  • The official text provided ends abruptly at Section F, so it does not show how this amendment changes rules for parents or guardians who need lawyers.
  • Some specific details about funding and public defender roles are cut off in the final lines of the document.

Bill History

  1. 2026-03-19 House

    House second read

  2. 2026-03-18 House

    House Rules: None

  3. 2026-03-18 House

    House Judiciary: None

  4. 2026-03-18 House

    House first read

  5. 2026-03-17 House

    Transmitted to House

  6. 2026-03-17 Senate

    Senate third read passed

  7. 2026-03-10 Senate

    Senate committee of the whole

  8. 2026-02-25 Senate

    Senate minority caucus

  9. 2026-02-25 Senate

    Senate majority caucus

  10. 2026-01-21 Senate

    Senate second read

  11. 2026-01-20 Senate

    Senate Rules: PFC

  12. 2026-01-20 Senate

    Senate Judiciary and Elections: DPA

  13. 2026-01-20 Senate

    Senate first read

Official Summary Text

SB1234 - 572R - Senate Fact Sheet

Assigned to
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PASSED BY COW

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
S.B. 1234

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

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Prepared by Senate Research

March 10, 2026

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Current Bill Text

Read the full stored bill text
SB1234 - 572R - S Ver

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:

START_STATUTE

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.
END_STATUTE