ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
juvenile proceedings; appointment of attorney
Purpose
Requires the court to appoint an attorney to a juvenile prior to specified hearings. Allows, rather than requires, the court to appoint a guardian ad litem in specified court proceedings.
Background
A juvenile has the right to be represented by counsel in all proceedings: 1) involving offenses, dependency or termination of parental rights; 2) conducted for child safety purposes; and 3) that may result in detention. In all juvenile court proceedings in which the dependency petition includes an allegation that the juvenile is abused or neglected, the court must appoint a guardian ad litem to protect the juvenile's best interests. The guardian ad litem may be an attorney or a court-appointed special advocate (A.R.S. 8-221).
A guardian ad litem is a person appointed by the court to protect the interest of a minor or an incompetent in a particular case before the court (A.R.S. 8-531).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the court to appoint an attorney for a child before the first hearing regarding delinquency, dependency or termination of parental rights.
2. Requires the appointed attorney to represent the child at all stages of the proceedings and, in a dependency hearing, through permanency.
3. Removes the stipulation that detention must be a possible outcome of a proceeding in order for a juvenile to have the right to counsel.
4. Requires, rather than allows, a guardian ad litem appointed in a juvenile court proceeding to be an attorney.
5. Prohibits an appointed guardian ad litem from being a court-appointed special advocate who is not an attorney.
6. Allows, rather than requires, juvenile courts to appoint a guardian ad litem in a case where the dependency petition includes an allegation that the juvenile is abused or neglected.
7. Stipulates that a guardian ad litem is not the child's attorney.
8. Allows a juvenile to waive the right to counsel without the agreement of the parent or guardian.
9. Removes the ability of the juvenile, parent or guardian to withdraw the waiver of counsel at any time.
10. Makes technical and conforming changes.
11. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Requires, instead of allows, a guardian ad litem appointed in a juvenile court proceeding to be an attorney.
2. Prohibits an appointed guardian ad litem from being a court appointed special advocate who is not an attorney.
Senate Action
JUD 2/18/21 DPA 8-0-0
Prepared by Senate Research
February 19, 2021
JA/RC/kja