HB 2541
Initials NM Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: JUD DP 6-0-3-0
HB 2541: DCS; hearings; complete disclosure requirements
Sponsor: Representative Diaz, LD 19
Caucus & COW
Overview
Mandates notarized affidavits affirming full disclosure of information in petitions to
terminate parental rights or establish dependency, and requires follow-up reporting by the
Department of Child Services (DCS) on changes to dependency status.
History
In Arizona DCS or another interested party, such as a relative, may initiate proceedings to
protect a child who is being abused or poorly cared for. These proceedings can include
dependency petitions and petitions to terminate parental rights (A.R.S. Title 8, Chapter 4).
A dependency petition petitions the juvenile court to determine that a child has no parent or
guardian capable of providing proper and effective care; the petition must establish that the
child is neglected, abused or otherwise without a suitable caregiver. Once the court finds a
child dependent, it assumes jurisdiction to oversee services designed to protect the child and,
where appropriate, to reunify the family (A.R.S. Title 8, Chapter 4, Article 10).
A petition to terminate parental rights seeks to permanently end the legal parent-child
relationship when certain statutory grounds — such as abandonment, chronic substance
abuse or severe neglect — are proven and the court finds it is in the best interests of the child
to terminate the relationship. Termination permanently severs parental obligations and
rights, allowing the child to be adopted or placed in another permanent arrangement (A.R.S.
Title 8, Chapter 4, Article 5).
Provisions
1. Requires, from any petitioner filing a petition to terminate parental rights, a notarized
affidavit that affirms that there has been a full disclosure and an exchange of all
information in the custody of DCS and any other related evidence. (Sec. 1)
2. Requires, from any party filing a dependency petition, a notarized affidavit that affirms
that there has been a full disclosure and an exchange of all information in the custody of
DCS and any other related evidence. (Sec. 2)
3. Specifies that the aforesaid affidavits, in petitions to terminate parental rights or
dependency petitions, must include:
a) a description of the information in the custody of DCS and any other evidence
disclosed;
b) the date on which each piece of information or evidence was disclosed; and
c) the method used for delivering the disclosed information and evidence. (Sec. 1, 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2541
Initials NM Page 2 Caucus & COW
4. Instructs the court to order DCS, in a case where the court has adjudicated a child as
dependent, to file a follow‑up report no later than six months after that adjudication that:
a) indicates whether the child remains dependent pursuant to the allegations and
information contained in the original dependency petition;
b) indicates whether the allegations and information contained in the original
dependency petition have changed; and
c) contains documentation that evidences a change in the child's dependency status or a
change in the allegations and information contained in the original dependency
petition. (Sec. 3)
5. Makes technical and conforming changes. (Sec. 1, 2)