SB 1234 — juvenile court proceedings; appointment; attorney

Fifty-seventhSenate LegislatureEngrossed Judiciaryjuvenile andcourt Electionsproceedings; Second Regular Session S.B.

1234appointment; PROPOSED SENATE AMENDMENTS TO S.B.

attorney State of Arizona Senate Fifty-seventh Legislature Second Regular Session SENATE BILL 1234 (ReferenceAN toACT printedAMENDING bill)SECTION Amendment8-221, instructionARIZONA key:REVISED STATUTES;

[GREENRELATING UNDERLININGTO INJUVENILE BRACKETS]COURT. indicates text added to statute or previously enacted session law.

[Green(TEXT underliningOF inBILL brackets]BEGINS indicatesON textNEXT addedPAGE) to- newi session- lawS.B. or text restoring existing law.

[GREEN1234 STRIKEOUTBe INit BRACKETS]enacted indicatesby newthe textLegislature removedof fromthe statuteState orof previouslyArizona: enacted session law.

[Green strikeout in brackets] indicates text removed from existing statute, previously enacted session law or new session law.

<<Green carets>> indicate a section added to the bill.

<<Green strikeout in carets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

Juveniles;Counsel right of juvenile, parent or guardian;

parents and guardians;

right to counsel;

INThe A DELINQUENCY PROCEEDING, the court shall appoint the CHILD'S attorney before the first hearing.

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.

- 1 - S.B.

1234 2.

REQUEST THAT THE COURT APPOINT A GUARDIAN AD LITEM FOR THE CHILD.

B.

E.

F.

G.

H.

Senate2. Amendments to S.B.