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REFERENCE TITLE: juvenile hearings; jury trials |
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State of Arizona House of Representatives Forty-seventh Legislature Second Regular Session 2006
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HB 2559 |
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Introduced by Representatives Anderson, Aguirre A, Chase, Hershberger, Knaperek, Senator Blendu: Representatives Allen J, Barnes, Bradley, Burns J, Gray C, Kirkpatrick, Lopez L, McComish, Nichols, Rosati, Stump, Yarbrough
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AN ACT
Amending section 8-223, Arizona Revised Statutes; amending title 8, chapter 2, article 2, Arizona Revised Statutes, by adding sections 8-225 and 8-226; amending section 8-535, Arizona Revised Statutes; amending laws 2003, second special session, chapter 6, section 45; making appropriations; RELATING to juvenile hearings.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-223, Arizona Revised Statutes, is amended to read:
8-223. Jury trials; change of judge
A. A hearing to terminate parental rights that is held pursuant to section 8‑537 or 8‑863 shall be tried to a jury if a jury is requested by a parent, guardian or custodian whose rights are sought to be terminated.
B. In any county with a population of at least five hundred thousand persons, the parent, guardian or custodian whose rights are sought to be terminated may request a change of judge if that person did not request a jury trial and the judge assigned to the case is the same judge who heard the dependency case. The court shall not grant more than one request pursuant to this subsection.
Sec. 2. Title 8, chapter 2, article 2, Arizona Revised Statutes, is amended by adding sections 8-225 and 8-226, to read:
8-225. Parental rights; hearings; decision
The court must issue a decision within thirty days after it holds a hearing to terminate parental rights pursuant to section 8-537 or 8-863.
8-226. Permanency mediation program
A. Subject to legislative appropriation, the administrative office of the courts shall establish a permanency mediation program in the juvenile court to provide nonadversarial dispute resolution alternatives and to promote permanency for dependent children. The program shall allow the court to employ mediators or to contract for mediation services to facilitate alternative dispute resolution activities.
B. The administrative office of the courts shall prescribe the formula for distributing monies appropriated for the program to each county juvenile court based on the number of dependency petitions filed in each court in the previous year.
Sec. 3. Section 8-535, Arizona Revised Statutes, is amended to read:
8-535. Notice of initial hearing; waiver; guardian ad litem
A. After the petition has been filed, the clerk of the superior court shall set a time and place for the initial hearing. Notice of the initial hearing and a copy of the petition shall be given to the parents of the child, the guardian of the person of the child, the person having legal custody of the child, any individual standing in loco parentis to the child, the tribe of any Indian child as defined by the federal Indian child welfare act of 1978 (25 United States Code section 1903) and the guardian ad litem of any party as provided for service of process in civil actions. In addition to the service of process requirements in civil actions, any parent, any Indian custodian and the tribe of an Indian child shall be notified of the initial hearing by registered mail, return receipt requested, as required by the federal Indian child welfare act of 1978 (25 United States Code section 1912). The notice required by this subsection shall include the following statement:
You have a right to appear as a party in this proceeding. The failure of a parent to appear at the initial hearing, the pretrial conference, the status conference or the termination adjudication hearing may result in an adjudication terminating the parent‑child relationship of that parent.
B. The initial hearing shall take place no sooner than ten days after the completion of service of notice.
C. Notice and appearance may be waived by a parent before the court or in writing and attested to by two or more credible witnesses who are eighteen or more years of age subscribing their names thereto in the presence of the person executing the waiver or shall be duly acknowledged before an officer authorized to take acknowledgements by the person signing the waiver of notice and appearance. The face of the waiver shall contain language explaining the meaning and consequences of the waiver and the termination of parental rights. The parent who has executed such a waiver shall not be required to appear.
D. If a parent does not appear at the initial hearing, the court, after determining that the parent has been served with proper legal notice, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may terminate the parent‑child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court.
E. At the initial hearing, the court shall:
1. Schedule a pretrial conference or status conference.
2. Order mediation and set a date for the mediation.
2. 3. Schedule the termination adjudication hearing.
3. 4. Instruct the parent that the failure to appear at the pretrial conference, status conference or termination adjudication hearing may result in an adjudication terminating the parent‑child relationship as to a parent who does not appear.
F. On the motion of any party or on its own motion, the court shall appoint a guardian ad litem if it determines that there are reasonable grounds to believe that a party to the proceeding is mentally incompetent or is otherwise in need of a guardian ad litem.
G. The county attorney, on the request of the court or a governmental agency or on the county attorney's own motion, may intervene in any proceedings under this article to represent the interest of the child.
Sec. 4. Laws 2003, second special session, chapter 6, section 45 is amended to read:
Sec. 45. Delayed repeal
Section 8-223, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2006 2009.
Sec. 5. Effective dates
A. Notwithstanding Laws 2003, second special session, chapter 6, section 10, section 8-537, Arizona Revised Statutes, as amended by Laws 2003, second special session, chapter 6, section 10, is effective from and after December 31, 2009.
B. Notwithstanding Laws 2003, second special session, chapter 6, section 33, section 8-863, Arizona Revised Statutes, as amended by Laws 2003, second special session, chapter 6, section 33, is effective from and after December 31, 2009.
Sec. 6. Appropriation; permanency mediation program; exemption
A. The sum of $525,000 is appropriated from the state general fund in fiscal year 2006-2007 to the administrative office of the courts for the permanency mediation program established pursuant to this act.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Sec. 7. Appropriation; jury trials; exemption
A. The sum of $754,700 for 11 FTE positions is appropriated from the state general fund in fiscal year 2006-2007 to the department of economic security for the attorney general to address workload associated with jury trials for the termination of parental rights.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.