| 69 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-102.05, to read: START_STATUTE12-102.05. Child and family representation; report A. THE CHILD AND FAMILY REPRESENTATION PROGRAM IS ESTABLISHED IN THE ADMINISTRATIVE OFFICE OF THE COURTs FOR the purpose of COLLABORATING WITH SUPERIOR COURTS, JUDGES AND ATTORNEYS TO ENSURE UNIFORM, HIGH-QUALITY LEGAL REPRESENTATION BY ATTORNEYS APPOINTED PURSUANT TO SECTION 8-221. B. THE SUPREME COURT SHALL EMPLOY ADMINISTRATIVE AND OTHER PERSONNEL that IT DETERMINES ARE NECESSARY TO PROPERLY ADMINISTER THE PROGRAM, including a child and family representation compliance chief. C. THE PROGRAM SHALL ENHANCE THE PROVISION OF LEGAL REPRESENTATION FOR CHILDREN AND PARENTS BY doing the following: 1. ASSESSING THE PROVISION AND AVAILABILITY OF HIGH-QUALITY, ACCESSIBLE TRAINING in THis STATE FOR PERSONS WHO SERVE AS COUNSEL FOR CHILDREN AND PARENTS and for JUDGES WHO REGULARLY HEAR DEPENDENCY MATTERS. 2. MAKING RECOMMENDATIONS TO THE SUPREME COURT CONCERNING THE ESTABLISHMENT OR MODIFICATION, BY COURT RULE, OF MINIMUM TRAINING REQUIREMENTS AND PRACTICE STANDARDS THAT ATTORNEYS who serve AS COUNSEL SHALL MEET, INCLUDING APPROPRIATE MAXIMUM CASELOADS, MINIMUM RESPONSIBILITIES AND DUTIES AND PRACTICE GUIDELINES. 3. AUDITING THE PRACTICE OF COUNSEL TO ENSURE COMPLIANCE WITH ALL RELEVANT STATUTES, COURT RULES, OTHER DIRECTIVES, POLICIES or PROCEDURES AND CONTRACT PROVISIONS. 4. FILING ETHICAL COMPLAINTS AGAINST ATTORNEYS WHO VIOLATE THE RULES OF PROFESSIONAL CONDUCT RELATED TO THE REPRESENTATION OF CHILDREN AND PARENTS IN DEPENDENCY PROCEEDINGS. 5. WORKING COOPERATIVELY WITH THE DEPARTMENT OF CHILD SAFETY, the OFFICE OF THE ATTORNEY GENERAL, JUDGES, ATTORNEYS, children and parents who have been IMPACTED BY THE CHILD WELFARE SYSTEM TO FORM PARTNERSHIPS FOR THE PURPOSE OF ENSURING HIGH-QUALITY LEGAL REPRESENTATION FOR CHILDREN AND PARENTS. 6. RECOMMENDING FAIR AND REALISTIC COMPENSATION RATES THAT ARE SUFFICIENT TO ATTRACT AND RETAIN HIGH-QUALITY, EXPERIENCED ATTORNEYS TO SERVE AS COURT APPOINTED COUNSEL FOR CHILDREN AND PARENTS. 7. SEEKING TO ENHANCE EXISTING FUNDING SOURCES FOR THE PROVISION OF HIGH-QUALITY COUNSEL SERVICES FOR CHILDREN AND PARENTS AND STUDYING THE AVAILABILITY OF OR DEVELOPING NEW FUNDING SOURCES FOR THE PROVISION OF COUNSEL. 8. DEVELOPING MEASURES TO ASSESS AND DOCUMENT THE EFFECTIVENESS OF COUNSEL AND THE OUTCOMES ACHIEVED BY CHILDREN who are REPRESENTED BY COUNSEL in consultation with state and national interest groups with an understanding of best practices for representing children and parents in dependency proceedings. 9. Assisting foster parents, foster children, biological parents and other persons who have knowledge of an alleged violation with filing ethical complaints related to the representation of children and parents in dependency proceedings. D. ON OR BEFORE JUNE 30 of EACH YEAR, THE PROGRAM SHALL REPORT to the president of the senate and the speaker of the house of representatives ON THE MEASURES TAKEN TO ASSESS AND DOCUMENT THE EFFECTIVENESS OF COUNSEL. Beginning in 2030 and every five years thereafter, the legislature shall review the program outcomes to determine whether the program should be continued. Sec. 2. Appropriation; administrative office of the courts; child and family representation program The sum of $200,000 and one FTE are appropriated from the state general fund in fiscal year 2025-2026 to the administrative office of the courts to implement the child and family representation program established by section 12-102.05, Arizona Revised Statutes, as added by this act. END_STATUTE |
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| 80 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-102.05, to read: START_STATUTE12-102.05. Child and family representation program; report A. THE CHILD AND FAMILY REPRESENTATION PROGRAM IS ESTABLISHED IN THE ADMINISTRATIVE OFFICE OF THE COURTs FOR the purpose of COLLABORATING WITH SUPERIOR COURTS, JUDGES AND ATTORNEYS TO ENSURE UNIFORM, HIGH-QUALITY LEGAL REPRESENTATION BY ATTORNEYS APPOINTED PURSUANT TO SECTION 8-221. B. THE SUPREME COURT SHALL EMPLOY ADMINISTRATIVE AND OTHER PERSONNEL that IT DETERMINES ARE NECESSARY TO PROPERLY ADMINISTER THE PROGRAM, including a child and family representation compliance chief. C. THE PROGRAM SHALL ENHANCE THE PROVISION OF LEGAL REPRESENTATION FOR CHILDREN AND PARENTS BY doing the following: 1. ASSESSING THE PROVISION AND AVAILABILITY OF HIGH-QUALITY, ACCESSIBLE TRAINING in THis STATE FOR PERSONS WHO SERVE AS COUNSEL FOR CHILDREN AND PARENTS and for JUDGES WHO REGULARLY HEAR DEPENDENCY MATTERS. 2. MAKING RECOMMENDATIONS TO THE SUPREME COURT CONCERNING THE ESTABLISHMENT OR MODIFICATION, BY COURT RULE, OF MINIMUM TRAINING REQUIREMENTS AND PRACTICE STANDARDS THAT ATTORNEYS who serve AS COUNSEL SHALL MEET, INCLUDING APPROPRIATE MAXIMUM CASELOADS, MINIMUM RESPONSIBILITIES AND DUTIES AND PRACTICE GUIDELINES. 3. AUDITING THE PRACTICE OF COUNSEL TO ENSURE COMPLIANCE WITH ALL RELEVANT STATUTES, COURT RULES, OTHER DIRECTIVES, POLICIES or PROCEDURES AND CONTRACT PROVISIONS. 4. FILING ETHICAL COMPLAINTS AGAINST ATTORNEYS WHO VIOLATE THE RULES OF PROFESSIONAL CONDUCT RELATED TO THE REPRESENTATION OF CHILDREN AND PARENTS IN DEPENDENCY PROCEEDINGS. 5. WORKING COOPERATIVELY WITH THE DEPARTMENT OF CHILD SAFETY, the OFFICE OF THE ATTORNEY GENERAL, JUDGES, ATTORNEYS, persons who have been in the foster care system AND PARENTS who have been IMPACTED BY THE CHILD WELFARE SYSTEM TO FORM PARTNERSHIPS FOR THE PURPOSE OF ENSURING HIGH-QUALITY LEGAL REPRESENTATION FOR CHILDREN AND PARENTS. 6. RECOMMENDING FAIR AND REALISTIC COMPENSATION RATES THAT ARE SUFFICIENT TO ATTRACT AND RETAIN HIGH-QUALITY, EXPERIENCED ATTORNEYS TO SERVE AS COURT APPOINTED COUNSEL FOR CHILDREN AND PARENTS. 7. SEEKING TO ENHANCE EXISTING FUNDING SOURCES FOR THE PROVISION OF HIGH-QUALITY COUNSEL SERVICES FOR CHILDREN AND PARENTS AND STUDYING THE AVAILABILITY OF OR DEVELOPING NEW FUNDING SOURCES FOR THE PROVISION OF COUNSEL. 8. DEVELOPING MEASURES TO ASSESS AND DOCUMENT THE EFFECTIVENESS OF COUNSEL AND THE OUTCOMES ACHIEVED BY CHILDREN who are REPRESENTED BY COUNSEL in consultation with state and national interest groups with an understanding of best practices for representing children and parents in dependency proceedings. 9. Assisting foster parents, foster children, biological parents and other persons who have knowledge of an alleged violation with filing ethical complaints related to the representation of children and parents in dependency proceedings. D. ON OR BEFORE JUNE 30 of EACH YEAR, THE PROGRAM SHALL REPORT ON THE MEASURES TAKEN TO ASSESS AND DOCUMENT THE EFFECTIVENESS OF COUNSEL. Sec. 2. Appropriation; administrative office of the courts; child and family representation program The sum of $200,000 and one FTE are appropriated from the state general fund in fiscal year 2025-2026 to the administrative office of the courts to implement the child and family representation program established by section 12-102.05, Arizona Revised Statutes, as added by this act. END_STATUTE |
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