Bill > SB1234

This bill amends Arizona law regarding the appointment of attorneys in juvenile court proceedings, specifically focusing on dependency and termination of parental rights cases. Previously, attorneys were appointed for children in delinquency proceedings that might involve detention, but this bill expands the requirement to appoint an attorney for a child in all dependency or termination of parental rights proceedings before the first hearing. The appointed attorney will assess if the child has diminished capacity that affects their ability to express opinions or make decisions, consulting with the child, family, and others who know the child, and meeting with children aged five and older monthly. If a normal attorney-client relationship isn't possible due to diminished capacity, the attorney will use "substituted judgment" to decide what the child would want in their best interest, after making good-faith efforts to understand the child's needs and wishes and consulting with relevant parties. The attorney must also inform the court or request a guardian ad litem (a court-appointed representative to protect a child's interests) if they believe the child is at risk of harm and cannot act in their own interest. The bill also clarifies that a guardian ad litem is not the child's attorney and maintains provisions for appointing counsel for indigent parents or guardians, for juveniles facing institutionalization, and for the county to pay appointed attorneys.