Official Summary Text
SB1234 - 572R - Senate Fact Sheet
Assigned to
JUDE������������������������������������������������������������������������������������������������������������ AS
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
JUDE������� 2/20/26����� DPA������ 5-2-0
Prepared by Senate Research
March 10, 2026
ZD/ci
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