PREFILED JAN 07 2010
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REFERENCE TITLE: parental rights; termination; hearing |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1035 |
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Introduced by Senator Waring
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AN ACT
Amending section 8-535, Arizona Revised Statutes; relating to termination of parent-child relationship.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-535, Arizona Revised Statutes, is amended to read:
8-535. Notice of initial hearing; waiver; guardian ad litem
A. After the petition has been filed, the clerk of the superior court shall set a time and place for the initial hearing. Notice of the initial hearing and a copy of the petition shall be given to the parents of the child, the guardian of the person of the child, the person having legal custody of the child, any individual standing in loco parentis to the child, the tribe of any Indian child as defined by the federal Indian child welfare act of 1978 (25 United States Code section 1903) and the guardian ad litem of any party as provided for service of process in civil actions. In addition to the service of process requirements in civil actions, any parent, any Indian custodian and the tribe of an Indian child shall be notified of the initial hearing by registered mail, return receipt requested, as required by the federal Indian child welfare act of 1978 (25 United States Code section 1912). The notice required by this subsection shall include the following statement:
You have a right to appear as a party in this proceeding. The failure of a parent to appear at the initial hearing, the pretrial conference, the status conference or the termination adjudication hearing may result in an adjudication terminating the parent‑child relationship of that parent.
B. The initial hearing shall take place no sooner than ten days after the completion of service of notice. If the child has a guardian ad litem, the guardian ad litem shall meet with the child at least once before the initial hearing.
C. Notice and appearance may be waived by a parent before the court or in writing and a written waiver that is attested to by two or more credible witnesses who are at least eighteen or more years of age subscribing and who sign their names thereto to the waiver in the presence of the person executing the waiver or shall be duly acknowledged before an officer authorized to take acknowledgements by the person signing the waiver of notice and appearance. The face of the waiver shall contain language explaining the meaning and consequences of the waiver and the termination of parental rights. The parent who has executed such a waiver shall is not be required to appear.
D. If a parent does not appear at the initial hearing, the court, after determining that the parent has been served with proper legal notice, 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 terminate the parent‑child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court.
E. At the initial hearing, the court shall:
1. Schedule a pretrial conference or status conference.
2. Schedule the termination adjudication hearing.
3. Instruct the parent that the failure to appear at the pretrial conference, status conference or termination adjudication hearing may result in an adjudication terminating the parent‑child relationship as to a parent who does not appear.
F. On the motion of any party or on its own motion, the court shall appoint a guardian ad litem if it determines that there are reasonable grounds to believe that a party to the proceeding is mentally incompetent or is otherwise in need of a guardian ad litem.
G. The county attorney, on the request of the court or a governmental agency or on the county attorney's own motion, may intervene in any proceedings under this article to represent the interest of the child.
H. A potential father who fails to file a paternity action within thirty days after completion of service of the notice prescribed in section 8‑106, subsection G waives his right to be notified regarding the termination of parental rights and his consent to the termination of parental rights is not required.