SB1587 is a bill that amends Title 8, Chapter 2, Article 2 of the Arizona Revised Statutes by adding Section 8-223, which pertains to juvenile court proceedings. The bill establishes the right to a trial by jury for parties involved in preliminary protective hearings related to the parent-child relationship, effective January 1, 2025. It mandates that the court must provide written notice to all parties about this right, and if the court fails to do so, any subsequent proceedings or rulings are considered invalid. The bill allows a party to request a jury trial within 30 days after a court order to remove a child from the home and requires the state to convince at least seven of eight jurors of the necessity to remove a child based on clear and convincing evidence.

Additionally, the bill specifies that if a party believes their rights have been substantially violated by court orders, they can file a jury demand within 20 days after the orders were filed, prompting the court to set a new hearing before a jury within 20 days of the demand. The bill also states that a jury verdict is superior to a judicial order and that both are superior to a state agency's recommendation. If the Department of Child Safety fails to comply with these requirements, it loses authority over the child and custody is restored to the parent, and the department's authority to act under Title 8 is suspended for one year. The remedies provided by this section are only available to the people, not to any state agency.

Statutes affected:
Introduced Version: 8-223
Senate Engrossed Version: 8-223