HB 2588
Initials JL/GC Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: JUD DP 4-3-0-1-0-0
HB 2588: jury; parental rights; termination; appropriation
Sponsor: Representative Payne, LD 27
Caucus & COW
Overview
Entitles a parent to a jury trial in a hearing to terminate parental rights, if requested, and outlines
related reporting requirements for the Administrative Office of Courts (AOC). Appropriates
$15,000,000 to AOC from the state General Fund (GF) in FY 2024 for jury trials in parental rights
termination hearings. Contains a delayed effective date of July 1, 2024.
History
Current law allows any relative, foster parent, physician, department or private licensed child
welfare agency to file a petition for the termination of parental rights on any of the following
grounds:
1) The parent has abandoned the child;
2) The parent has neglected or wilfully abused the child;
3) The parent is unfit to discharge parental responsibilities due to mental illness, mental
deficiency or chronic substance abuse;
4) The parent was convicted of a felony that supported the unfitness of the parent to
discharge parental responsibilities, such as the murder of another child;
5) The potential father or putative father failed to file paternity claims, pursuant to A.R.S. §§
8-106 and 8-106.01, respectively;
6) The parents have relinquished their rights or consented to adoption;
7) The child is being cared for under the supervision of the juvenile court, an out-of-home
placement center or a licensed child welfare agency and specified time and reunification
requirements are satisfied;
8) The identity of the parent is unknown after three months of diligent effort to locate the
parent;
9) The parent has had rights to another child terminated within the last two years for the
same cause; or
10) There is clear and convincing evidence that the child was conceived as a result of sexual
assault (A.R.S. § 8-533).
The current process for terminating parental rights consists of a pretrial conference, status
conference and a termination adjudication hearing before a court. If the parent does not appear
at the proceedings after receiving proper notice, the court may terminate the parent-child
relationship as to the parent who does not appear based on the record and evidence presented
as provided in the rules prescribed the by Arizona Supreme Court (A.R.S. §§ 8-535, 8-537, 8-
863).
In order terminate parental rights, the court must find that: 1) clear and convincing evidence
establishes one or more of the grounds in A.R.S. § 8-533 exist; and 2) "a preponderance of
evidence supports a finding that termination is in the child's best interests." Timothy B. v. Dep't of
Child Safety, 252 Ariz. 470, 474, ¶ 13 (2022); see also Ariz. R.P Juv. Ct. 353. For these purposes, HB 2588
Initials JL/GC Page 2 Caucus & COW
"[t]he preponderance of the evidence standard requires that the fact-finder determine whether a
fact sought proved is more probable than not[,]" whereas the clear and convincing standard
"reflects a heightened standard of proof that indicates that 'the thing to be proved is highly
probable or reasonably certain.'" Kent K. v. Bobby M., 210 Ariz. 279, 284-85, ¶ 25 (2005) (quoting
Black's Law Dictionary 577 (7th ed. 1999)).
Provisions
1. Requires a hearing to terminate parental rights to be held before a jury if a parent files an
appropriate request. (Sec. 1)
2. Instructs the court to provide notice of the option for a jury trial when providing notice of the
initial termination hearing. (Sec. 1)
3. Allows one jury trial to be held for a parental rights termination proceeding if a court receives
multiple requests for a jury trial and provides that a jury trial may be held in lieu of a bench
trial for all parents involved in the proceeding. (Sec. 1)
4. Specifies that the jury consists of eight jurors and requires a concurrence of at least six jurors
to reach a verdict pursuant to A.R.S. § 21-102. (Sec. 1)
5. Requires that all jury rials held regarding the termination of parental rights be commenced
prior to 120 days after the initial termination hearing. (Sec. 1)
6. States that by January 1, 2026, the AOC must review the following:
a) The number of jury trials requested and completed;
b) The outcome and length of the jury trials;
c) Feedback from all parties, attorneys, judges, juries and court staff in a jury trial; and
d) Any relevant information or data regarding both jury and bench trials in termination of
parental rights proceedings. (Sec. 2)
7. Mandates the AOC to submit the completed review of the specified factors to the Governor,
President of the Senate, Speaker of the House of Representatives and Secretary of State.
(Sec. 2)
8. Appropriates $15,000,000 from the GF in FY 2024 to the AOC for jury trials in parental rights
termination proceedings. (Sec. 3)
9. Exempts the appropriation from lapsing. (Sec. 3)
10. Contains a delayed effective date of July 1, 2024. (Sec. 4)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note