Assigned to JUD & APPROP FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2177
jury; parental rights; termination
Purpose
Effective July 1, 2025, entitles a parent to a jury trial in a hearing to terminate the
parent-child relationship or parental rights, if a jury trial is requested. Requires the Administrative
Office of the Courts (AOC) to issue a report on jury trials conducted for these proceedings.
Background
After a petition has been filed, the clerk of the superior court must set a time and place for
the initial hearing to terminate the parent-child relationship. If a petition for terminating the
parent-child relationship is contested, the court must hold a termination adjudication hearing
within 90 days after the initial severance hearing. The court's findings with respect to grounds for
termination must be based on clear and convincing evidence, and the court may consider any and
all reports required by statute or ordered by the court, and such reports are admissible in evidence
without objection. This clear and convincing evidence standard also applies to hearings to
terminate parental rights. If a parent does not appear at a pretrial conference, status conference or
a termination adjudication hearing, and the court determines that the parent has been properly
served or instructed to appear, the court may find that the parent has waived the parent's legal
rights and is deemed to have admitted to the allegations of the petition (A.R.S. §§ 8-535; 8-537
and 8-863).
The required size and degree of unanimity of juries depends on the type of case being tried
before the court. Beginning January 1, 2023, a jury for trial in any court of record of a civil case
must consist of eight persons, and the concurrence of all but two is necessary to render a verdict
(A.R.S. § 21-102).
According to the Joint Legislative Budget Committee (JLBC), assuming that 25 percent of
hearings to terminate parental rights would be tried by a jury, H.B. 2177 would cost the Attorney
General (AG) $1.4 million from the state General Fund and would cost the courts $4.2 million
from their own funds (JLBC Fiscal Note).
Provisions
1. Requires a hearing to terminate parental rights to be tried to a jury if a parent files a written
request for a jury trial before or at the time of the initial termination hearing.
2. Requires notice of the option for a jury trial to be included in the notice of initial hearing.
3. Allows one jury trial to be held for termination proceedings if a court receives multiple requests
for a jury trial. FACT SHEET
H.B. 2177
Page 2
4. Requires the number and concurrence of jurors for a trial held for termination proceedings to
be consistent with the limits established in statute.
5. Requires a jury trial held for termination proceedings to be commenced not later than 120 days
after the initial termination hearing is completed.
6. Requires the AOC, by January 1, 2027, to review:
a) the number of jury trials requested pursuant to this legislation;
b) the number of jury trials completed;
c) the outcome and length of jury trials compared to the outcome and length of bench trials;
d) feedback from parties, attorneys, judges, juries and court staff in a jury trial case; and
e) any other relevant data or information related to jury trials and bench trials in termination
of parental rights proceedings.
7. Requires the AOC to issue a report of its findings and recommendations to the Governor, the
President of the Senate, the Speaker of the House of Representatives and the Secretary of State.
8. Becomes effective on July 1, 2025.
House Action
JUD 2/14/24 DPA 6-2-1-0
3
rd
Read 2/22/24 31-28-0-0-1
Prepared by Senate Research
March 11, 2024
ZD/cs