SB 1069
Initials LC/DG Page 1 Transmitted
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
Senate: JUD DP 7-0-1-0 | 3
rd
Read DPA 27-0-3-0
House: JUD DP 8-0-0-2 | 3
rd
Read 57-0-3-0
SB1069: juvenile dependency; child placement
Sponsor: Senator Barto, LD 15
Transmitted to the Governor
Overview
Revises procedures relating to juvenile dependency and child placement.
History
The court restricts the attendance of adoption hearings to individuals who have a direct interest
in the case. An attendee of an adoption hearing is prohibited from disclosing any information
about the hearing (A.R.S. § 8-115).
The court appoints an attorney for a child in all delinquency, dependency or termination of parental
rights proceedings. In a dependency proceeding, the attorney represents the child through
permanency. If a juvenile or guardian is found to be indigent and entitled to counsel, the juvenile
court appoints an attorney unless the individual waives counsel (A.R.S. § 8-221).
The statements or conduct of a child are admissible in any adoption, dependency or termination
of parental rights proceeding (A.R.S. § 8-237). An individual who files an initial termination of a
parent-child relationship motion or a permanent guardianship motion must send the notice to the
relevant parties via registered mail (A.R.S. §§ 8-535, 8-872).
The court may establish a permanent guardianship if, among other conditions, a child has not
been adjudicated dependent, all parties consent to the permanent guardianship (A.R.S. § 8-871).
Provisions
1. Expands the individuals who can attend an adoption hearing to include guests of the adoptive
family. (Sec. 1)
2. Prohibits attendees from disclosing the content of testimony provided at the hearing. (Sec. 1)
3. Retains the ability of the juvenile court to communicate relevant case information with the
family court. (Sec. 1)
4. Establishes that the court appoints an attorney for a child in delinquency proceedings
commencing with a petition or detention. (Sec. 2)
5. States the out-of-court statements from a minor about conduct perpetrated on the minor are
admissible in a guardianship proceeding. (Sec. 3)
6. Establishes open court proceedings relating to dependent children, permanent guardianship
and termination of parental rights, except as provided by statute regarding termination
adjudication hearings. (Sec. 4)
7. Allows the court to order the closure of a proceeding to the public except as provided by
statute regarding termination adjudication hearings. (Sec. 4)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1069
Initials LC/DG Page 2 Transmitted
8. Includes that an individual who files an initial termination of a parent-child relationship motion
or a permanent guardianship motion must send the notice to the relevant parties via certified
mail. (Sec. 5, 7)
9. Strikes the requirement that all parties involved in a permanent guardianship proceeding
consent to the permanent guardianship. (Sec. 6)
10. Allows the court to grant a permanent guardianship if all parties have been served notice of
the permanent guardianship hearing and no party objects. (Sec. 6)
11. Outlines procedure once a child is the subject of a pending dependency petition. (Sec. 6)
12. Makes technical and conforming changes. (Sec. 1-7)