House Engrossed DCS; hearings; complete disclosure requirements State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE BILL 2541 AN ACT amending sections 8-533, 8-841 and 8-844, arizona revised statutes; relating to child welfare. (TEXT OF BILL BEGINS ON NEXT PAGE)
House Engrossed DCS; hearings; complete disclosure requirements
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HOUSE BILL 2541
House Engrossed
DCS; hearings; complete disclosure requirements
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HOUSE BILL 2541
AN ACT
amending sections 8-533, 8-841 and 8-844, arizona revised statutes; relating to child welfare.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 8-533, Arizona Revised Statutes, is amended to read: START_STATUTE8-533. Petition; who may file; grounds; disclosure requirements A. Any person or agency that has a legitimate interest in the welfare of a child, including a relative, a foster parent, a physician, the department or a private licensed child welfare agency, may file a petition for the termination of the parent-child relationship alleging grounds contained in subsection B of this section. B. Evidence sufficient to justify the termination of the parent-child relationship shall include any one of the following, and in considering any of the following grounds, the court shall also consider the best interests of the child: 1. That the parent has abandoned the child. 2. That the parent has neglected or wilfully abused a child. This abuse includes serious physical or emotional injury or situations in which the parent knew or reasonably should have known that a person was abusing or neglecting a child. 3. That the parent is unable to discharge parental responsibilities because of mental illness, mental deficiency or a history of chronic abuse of dangerous drugs, controlled substances or alcohol and there are reasonable grounds to believe that the condition will continue for a prolonged indeterminate period. 4. That the parent is deprived of civil liberties due to the conviction of a felony if the felony of which that parent was convicted is of such nature as to prove the unfitness of that parent to have future custody and control of the child, including murder of another child of the parent, manslaughter of another child of the parent or aiding or abetting or attempting, conspiring or soliciting to commit murder or manslaughter of another child of the parent, or if the sentence of that parent is of such length that the child will be deprived of a normal home for a period of years. 5. That the potential father failed to file a paternity action within thirty days of completion of service of notice as prescribed in section 8-106, subsection G. 6. That the putative father failed to file a notice of claim of paternity as prescribed in section 8-106.01. 7. That the parents have relinquished their rights to a child to an agency or have consented to the adoption. 8. That the child is being cared for in an out-of-home placement under the supervision of the juvenile court, the division or a licensed child welfare agency, that the agency responsible for the care of the child has made a diligent effort to provide appropriate reunification services and that one of the following circumstances exists: (a) The child has been in an out-of-home placement for a cumulative total period of nine months or longer pursuant to court order or voluntary placement pursuant to section 8-806 and the parent has substantially neglected or wilfully refused to remedy the circumstances that cause the child to be in an out-of-home placement. (b) The child who is under three years of age has been in an out-of-home placement for a cumulative total period of six months or longer pursuant to court order and the parent has substantially neglected or wilfully refused to remedy the circumstances that cause the child to be in an out-of-home placement, including refusal to participate in reunification services offered by the department. (c) The child has been in an out-of-home placement for a cumulative total period of fifteen months or longer pursuant to court order or voluntary placement pursuant to section 8-806, the parent has been unable to remedy the circumstances that cause the child to be in an out-of-home placement and there is a substantial likelihood that the parent will not be capable of exercising proper and effective parental care and control in the near future. 9. That the identity of the parent is unknown and continues to be unknown following three months of diligent efforts to identify and locate the parent. 10. That the parent has had parental rights to another child terminated within the preceding two years for the same cause and is currently unable to discharge parental responsibilities due to the same cause. 11. That all of the following are true: (a) The child was cared for in an out-of-home placement pursuant to court order. (b) The agency responsible for the care of the child made diligent efforts to provide appropriate reunification services. (c) The child, pursuant to court order, was returned to the legal custody of the parent from whom the child had been removed. (d) Within eighteen months after the child was returned, pursuant to court order, the child was removed from that parent's legal custody, the child is being cared for in an out-of-home placement under the supervision of the juvenile court, the division or a licensed child welfare agency and the parent is currently unable to discharge parental responsibilities. 12. Clear and convincing evidence that the parent committed a sexual assault against the petitioning parent and the child was conceived as a result of the sexual assault. If the parent who is the subject of the petition pleads guilty to or is convicted of a violation of section 13-1406 or a violation of an offense in another jurisdiction that if committed in this state would be a violation of section 13-1406, the court may accept the guilty plea or conviction as evidence that the child was conceived as a result of a sexual assault by that parent. For the purposes of this paragraph: (a) "Oral sexual contact" has the same meaning prescribed in section 13-1401. (b) "Sexual assault" means intentionally or knowingly engaging in sexual intercourse or oral sexual contact with a person without the consent of that person. (c) "Sexual intercourse" has the same meaning prescribed in section 13-1401. C. Evidence considered by the court pursuant to subsection B of this section shall include any substantiated allegations of abuse or neglect committed in another jurisdiction. D. In considering the grounds for termination prescribed in subsection B, paragraph 8 or 11 of this section, the court shall consider the availability of reunification services to the parent and the participation of the parent in these services. E. In considering the grounds for termination prescribed in subsection B, paragraph 8 of this section, the court shall not consider the first sixty days of the initial out-of-home placement pursuant to section 8-806 in the cumulative total period. F. A petition that is filed pursuant to this section shall include a notarized affidavit from the petitioner that there has been full disclosure and an exchange of all information in the custody of the department and any other evidence relating to the matter that is the subject of the petition. The notarized affidavit shall include all the following: 1. A description of the information in the custody of the department and any other evidence disclosed. 2. The date of disclosure of each piece of information in the custody of the department and any other evidence. 3. The method used for delivering the disclosed information in the custody of the department and any other evidence. F. G. The failure of an alleged parent who is not the child's legal parent to take a test requested by the department or ordered by the court to determine if the person is the child's natural parent is prima facie evidence of abandonment unless good cause is shown by the alleged parent for that failure. END_STATUTE Sec. 2. Section 8-841, Arizona Revised Statutes, is amended to read: START_STATUTE8-841. Dependency petition; disclosure requirements; service; preliminary orders; hearing A. Except as provided in subsection B of this section, the department or any interested party may file a petition to commence proceedings in the juvenile court alleging that a child is dependent. B. An interested party may not file a dependency petition concerning a child who has been adjudicated delinquent and is under the jurisdiction of the juvenile court, who is awaiting delinquency adjudication or disposition or who has been released from the department of juvenile corrections within the previous six months, unless both of the following occur: 1. The interested party contacts the department pursuant to section 8-455 at least fourteen days before filing the petition and provides the department with notice of the intent to file a petition pursuant to this subsection, the allegations contained in the petition and the factual basis supporting the allegations. 2. The interested party affirms in the petition that the requirements of paragraph 1 of this subsection have been met. C. The petition shall be verified and shall contain all of the following: 1. The name, age and address, if any, of the child on whose behalf the petition is brought. 2. The names and addresses, if known, of both parents and any guardian of the child. 3. A concise statement of the facts to support the conclusion that the child is dependent. 4. If the child was taken into temporary custody, the date and time the child was taken into custody. 5. Whether the department believes that an aggravating circumstance described in section 8-846, subsection D, paragraph 1 exists. 6. A statement whether the child is subject to the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963). 7. A notarized affidavit from the party filing the petition that there has been full disclosure and an exchange of all information in the custody of the department and any other evidence relating to the matter that is the subject of the petition. The notarized affidavit shall include all the following: (a) A description of the information in the custody of the department and any other evidence disclosed. (b) The date of disclosure of each piece of information in the custody of the department and any other evidence. (c) The method used for delivering the disclosed information in the custody of the department and any other evidence. D. The person who files the petition shall have the petition and a notice served on: 1. The parents and any guardian of the child. 2. The child's guardian ad litem or attorney. 3. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement. 4. The department if the petition is filed pursuant to subsection B of this section. E. The notice shall contain all of the following: 1. The name and address of the person to whom the notice is directed. 2. The date, time and place of the hearing on the petition. 3. The name of the child on whose behalf the petition has been filed. 4. A statement that the parent or guardian and the child are entitled to have an attorney present at the hearing and that, if the parent or guardian is indigent and cannot afford an attorney and wants to be represented by an attorney, one will be provided. 5. A statement that the parent or guardian must be prepared to provide to the court at the initial dependency hearing the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child. 6. A statement that the hearing may result in further proceedings for permanent guardianship or to terminate parental rights. 7. A statement that as a result of the hearing or further proceedings, the parent or guardian could be placed on the central registry of child abuse and neglect pursuant to section 8-804. F. The petition and notice shall be served on a parent or guardian as soon as possible after the petition is filed and at least five days before the initial dependency hearing if the parent or guardian did not attend the preliminary protective hearing. If a parent or guardian does attend the preliminary protective hearing, the petition and notice shall be served at the preliminary protective hearing. G. Except as provided in subsection H of this section, on the filing of the petition, the court may issue any temporary orders necessary to provide for the safety and welfare of the child. H. If a petition is filed pursuant to subsection B of this section, the court may not issue any temporary orders with respect to the department, including placing the child in the department's legal or physical custody, joining the department as a party or ordering the department to provide any services to the child or the family, without first conducting a hearing. At the hearing, the court shall take evidence on the request of the department or a party. The court shall provide the department and a party at least seventy-two hours' written or electronic notice of the hearing and an opportunity to be heard as to any proposed orders. If the department is provided proper notice and fails to appear, the court may proceed with the hearing. END_STATUTE Sec. 3. Section 8-844, Arizona Revised Statutes, is amended to read: START_STATUTE8-844. Dependency adjudication hearing; settlement conference or mediation; continued dependency report A. Before a contested dependency case proceeds to adjudication, the court shall hold a settlement conference or pretrial conference or shall order mediation. All of the parties in the contested action shall participate in the conference or mediation. B. The court shall take into consideration as a mitigating factor the availability of reasonable services to the parent or guardian to prevent or eliminate the need for removal of the child and the effort of the parent or guardian to obtain and participate in these services. C. If, at the dependency adjudication hearing, the court: 1. Finds by a preponderance of the evidence that the allegations contained in the petition are true, the court shall: (a) Make the following findings as to each parent: (i) That the court has jurisdiction over the subject matter and the person before the court. (ii) The factual basis for the dependency. (iii) That the child is dependent. (b) Conduct a disposition hearing. (c) Order that the department file a report not later than six months after the date of the dependency adjudication hearing that: (i) Indicates whether the child continues to be a dependent child pursuant to the allegations and information contained in the petition that is filed pursuant to section 8-841. (ii) Indicates whether the child no longer continues to be a dependent child pursuant to the allegations and information contained in the petition that is filed pursuant to section 8-841 or the allegations and information contained in the petition that is filed pursuant to section 8-841 have changed. (iii) Contains documentation that evidences a change in the child's dependency status or a change in the allegations or information contained in the petition that is filed pursuant to section 8-841. 2. Does not find by a preponderance of the evidence that the allegations contained in the petition are true, the court shall dismiss the petition. D. The court may adjudicate a child dependent as to one parent or guardian and proceed with a disposition, review or permanency hearing or any other hearing as to that particular parent or guardian notwithstanding another parent's or guardians request to contest the allegations in the petition or that another parent or guardian has not been served. E. The court may hold the disposition hearing on the same date as the dependency adjudication hearing or at a later date that is not more than thirty days after the date of the dependency adjudication hearing. F. If a parent does not appear at the pretrial conference, settlement conference or dependency adjudication hearing, the court, after determining that the parent has been instructed as provided in section 8-826, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may make a determination of dependency and disposition based on the record and evidence presented as provided in rules prescribed by the supreme court. G. Evidence considered by the court in making a decision pursuant to this section shall also include any substantiated allegations of abuse or neglect committed in another jurisdiction. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-533, Arizona Revised Statutes, is amended to read:
START_STATUTE8-533. Petition; who may file; grounds; disclosure requirements
A. Any person or agency that has a legitimate interest in the welfare of a child, including a relative, a foster parent, a physician, the department or a private licensed child welfare agency, may file a petition for the termination of the parent-child relationship alleging grounds contained in subsection B of this section.
B. Evidence sufficient to justify the termination of the parent-child relationship shall include any one of the following, and in considering any of the following grounds, the court shall also consider the best interests of the child:
1. That the parent has abandoned the child.
2. That the parent has neglected or wilfully abused a child. This abuse includes serious physical or emotional injury or situations in which the parent knew or reasonably should have known that a person was abusing or neglecting a child.
3. That the parent is unable to discharge parental responsibilities because of mental illness, mental deficiency or a history of chronic abuse of dangerous drugs, controlled substances or alcohol and there are reasonable grounds to believe that the condition will continue for a prolonged indeterminate period.
4. That the parent is deprived of civil liberties due to the conviction of a felony if the felony of which that parent was convicted is of such nature as to prove the unfitness of that parent to have future custody and control of the child, including murder of another child of the parent, manslaughter of another child of the parent or aiding or abetting or attempting, conspiring or soliciting to commit murder or manslaughter of another child of the parent, or if the sentence of that parent is of such length that the child will be deprived of a normal home for a period of years.
5. That the potential father failed to file a paternity action within thirty days of completion of service of notice as prescribed in section 8-106, subsection G.
6. That the putative father failed to file a notice of claim of paternity as prescribed in section 8-106.01.
7. That the parents have relinquished their rights to a child to an agency or have consented to the adoption.
8. That the child is being cared for in an out-of-home placement under the supervision of the juvenile court, the division or a licensed child welfare agency, that the agency responsible for the care of the child has made a diligent effort to provide appropriate reunification services and that one of the following circumstances exists:
(a) The child has been in an out-of-home placement for a cumulative total period of nine months or longer pursuant to court order or voluntary placement pursuant to section 8-806 and the parent has substantially neglected or wilfully refused to remedy the circumstances that cause the child to be in an out-of-home placement.
(b) The child who is under three years of age has been in an out-of-home placement for a cumulative total period of six months or longer pursuant to court order and the parent has substantially neglected or wilfully refused to remedy the circumstances that cause the child to be in an out-of-home placement, including refusal to participate in reunification services offered by the department.
(c) The child has been in an out-of-home placement for a cumulative total period of fifteen months or longer pursuant to court order or voluntary placement pursuant to section 8-806, the parent has been unable to remedy the circumstances that cause the child to be in an out-of-home placement and there is a substantial likelihood that the parent will not be capable of exercising proper and effective parental care and control in the near future.
9. That the identity of the parent is unknown and continues to be unknown following three months of diligent efforts to identify and locate the parent.
10. That the parent has had parental rights to another child terminated within the preceding two years for the same cause and is currently unable to discharge parental responsibilities due to the same cause.
11. That all of the following are true:
(a) The child was cared for in an out-of-home placement pursuant to court order.
(b) The agency responsible for the care of the child made diligent efforts to provide appropriate reunification services.
(c) The child, pursuant to court order, was returned to the legal custody of the parent from whom the child had been removed.
(d) Within eighteen months after the child was returned, pursuant to court order, the child was removed from that parent's legal custody, the child is being cared for in an out-of-home placement under the supervision of the juvenile court, the division or a licensed child welfare agency and the parent is currently unable to discharge parental responsibilities.
12. Clear and convincing evidence that the parent committed a sexual assault against the petitioning parent and the child was conceived as a result of the sexual assault. If the parent who is the subject of the petition pleads guilty to or is convicted of a violation of section 13-1406 or a violation of an offense in another jurisdiction that if committed in this state would be a violation of section 13-1406, the court may accept the guilty plea or conviction as evidence that the child was conceived as a result of a sexual assault by that parent. For the purposes of this paragraph:
(a) "Oral sexual contact" has the same meaning prescribed in section 13-1401.
(b) "Sexual assault" means intentionally or knowingly engaging in sexual intercourse or oral sexual contact with a person without the consent of that person.
(c) "Sexual intercourse" has the same meaning prescribed in section 13-1401.
C. Evidence considered by the court pursuant to subsection B of this section shall include any substantiated allegations of abuse or neglect committed in another jurisdiction.
D. In considering the grounds for termination prescribed in subsection B, paragraph 8 or 11 of this section, the court shall consider the availability of reunification services to the parent and the participation of the parent in these services.
E. In considering the grounds for termination prescribed in subsection B, paragraph 8 of this section, the court shall not consider the first sixty days of the initial out-of-home placement pursuant to section 8-806 in the cumulative total period.
F. A petition that is filed pursuant to this section shall include a notarized affidavit from the petitioner that there has been full disclosure and an exchange of all information in the custody of the department and any other evidence relating to the matter that is the subject of the petition. The notarized affidavit shall include all the following:
1. A description of the information in the custody of the department and any other evidence disclosed.
2. The date of disclosure of each piece of information in the custody of the department and any other evidence.
3. The method used for delivering the disclosed information in the custody of the department and any other evidence.
F. G. The failure of an alleged parent who is not the child's legal parent to take a test requested by the department or ordered by the court to determine if the person is the child's natural parent is prima facie evidence of abandonment unless good cause is shown by the alleged parent for that failure. END_STATUTE
Sec. 2. Section 8-841, Arizona Revised Statutes, is amended to read:
START_STATUTE8-841. Dependency petition; disclosure requirements; service; preliminary orders; hearing
A. Except as provided in subsection B of this section, the department or any interested party may file a petition to commence proceedings in the juvenile court alleging that a child is dependent.
B. An interested party may not file a dependency petition concerning a child who has been adjudicated delinquent and is under the jurisdiction of the juvenile court, who is awaiting delinquency adjudication or disposition or who has been released from the department of juvenile corrections within the previous six months, unless both of the following occur:
1. The interested party contacts the department pursuant to section 8-455 at least fourteen days before filing the petition and provides the department with notice of the intent to file a petition pursuant to this subsection, the allegations contained in the petition and the factual basis supporting the allegations.
2. The interested party affirms in the petition that the requirements of paragraph 1 of this subsection have been met.
C. The petition shall be verified and shall contain all of the following:
1. The name, age and address, if any, of the child on whose behalf the petition is brought.
2. The names and addresses, if known, of both parents and any guardian of the child.
3. A concise statement of the facts to support the conclusion that the child is dependent.
4. If the child was taken into temporary custody, the date and time the child was taken into custody.
5. Whether the department believes that an aggravating circumstance described in section 8-846, subsection D, paragraph 1 exists.
6. A statement whether the child is subject to the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963).
7. A notarized affidavit from the party filing the petition that there has been full disclosure and an exchange of all information in the custody of the department and any other evidence relating to the matter that is the subject of the petition. The notarized affidavit shall include all the following:
(a) A description of the information in the custody of the department and any other evidence disclosed.
(b) The date of disclosure of each piece of information in the custody of the department and any other evidence.
(c) The method used for delivering the disclosed information in the custody of the department and any other evidence.
D. The person who files the petition shall have the petition and a notice served on:
1. The parents and any guardian of the child.
2. The child's guardian ad litem or attorney.
3. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement.
4. The department if the petition is filed pursuant to subsection B of this section.
E. The notice shall contain all of the following:
1. The name and address of the person to whom the notice is directed.
2. The date, time and place of the hearing on the petition.
3. The name of the child on whose behalf the petition has been filed.
4. A statement that the parent or guardian and the child are entitled to have an attorney present at the hearing and that, if the parent or guardian is indigent and cannot afford an attorney and wants to be represented by an attorney, one will be provided.
5. A statement that the parent or guardian must be prepared to provide to the court at the initial dependency hearing the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.
6. A statement that the hearing may result in further proceedings for permanent guardianship or to terminate parental rights.
7. A statement that as a result of the hearing or further proceedings, the parent or guardian could be placed on the central registry of child abuse and neglect pursuant to section 8-804.
F. The petition and notice shall be served on a parent or guardian as soon as possible after the petition is filed and at least five days before the initial dependency hearing if the parent or guardian did not attend the preliminary protective hearing. If a parent or guardian does attend the preliminary protective hearing, the petition and notice shall be served at the preliminary protective hearing.
G. Except as provided in subsection H of this section, on the filing of the petition, the court may issue any temporary orders necessary to provide for the safety and welfare of the child.
H. If a petition is filed pursuant to subsection B of this section, the court may not issue any temporary orders with respect to the department, including placing the child in the department's legal or physical custody, joining the department as a party or ordering the department to provide any services to the child or the family, without first conducting a hearing. At the hearing, the court shall take evidence on the request of the department or a party. The court shall provide the department and a party at least seventy-two hours' written or electronic notice of the hearing and an opportunity to be heard as to any proposed orders. If the department is provided proper notice and fails to appear, the court may proceed with the hearing. END_STATUTE
Sec. 3. Section 8-844, Arizona Revised Statutes, is amended to read:
START_STATUTE8-844. Dependency adjudication hearing; settlement conference or mediation; continued dependency report
A. Before a contested dependency case proceeds to adjudication, the court shall hold a settlement conference or pretrial conference or shall order mediation. All of the parties in the contested action shall participate in the conference or mediation.
B. The court shall take into consideration as a mitigating factor the availability of reasonable services to the parent or guardian to prevent or eliminate the need for removal of the child and the effort of the parent or guardian to obtain and participate in these services.
C. If, at the dependency adjudication hearing, the court:
1. Finds by a preponderance of the evidence that the allegations contained in the petition are true, the court shall:
(a) Make the following findings as to each parent:
(i) That the court has jurisdiction over the subject matter and the person before the court.
(ii) The factual basis for the dependency.
(iii) That the child is dependent.
(b) Conduct a disposition hearing.
(c) Order that the department file a report not later than six months after the date of the dependency adjudication hearing that:
(i) Indicates whether the child continues to be a dependent child pursuant to the allegations and information contained in the petition that is filed pursuant to section 8-841.
(ii) Indicates whether the child no longer continues to be a dependent child pursuant to the allegations and information contained in the petition that is filed pursuant to section 8-841 or the allegations and information contained in the petition that is filed pursuant to section 8-841 have changed.
(iii) Contains documentation that evidences a change in the child's dependency status or a change in the allegations or information contained in the petition that is filed pursuant to section 8-841.
2. Does not find by a preponderance of the evidence that the allegations contained in the petition are true, the court shall dismiss the petition.
D. The court may adjudicate a child dependent as to one parent or guardian and proceed with a disposition, review or permanency hearing or any other hearing as to that particular parent or guardian notwithstanding another parent's or guardians request to contest the allegations in the petition or that another parent or guardian has not been served.
E. The court may hold the disposition hearing on the same date as the dependency adjudication hearing or at a later date that is not more than thirty days after the date of the dependency adjudication hearing.
F. If a parent does not appear at the pretrial conference, settlement conference or dependency adjudication hearing, the court, after determining that the parent has been instructed as provided in section 8-826, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may make a determination of dependency and disposition based on the record and evidence presented as provided in rules prescribed by the supreme court.
G. Evidence considered by the court in making a decision pursuant to this section shall also include any substantiated allegations of abuse or neglect committed in another jurisdiction. END_STATUTE