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REFERENCE TITLE: parental rights; termination; hearing |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1294 |
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Introduced by Senator Farnsworth D
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AN ACT
amending section 8‑537, Arizona Revised Statutes; relating to termination of parental rights.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-537, Arizona Revised Statutes, is amended to read:
8-537. Termination adjudication hearing
A. If a petition for terminating the parent‑child relationship is contested, the court shall hold a termination adjudication hearing. The general public shall may be excluded and only such persons admitted whose presence the judge finds to have a direct interest in the case or the work of the court, provided that such person so admitted shall not disclose any information secured at the hearing to the extent necessary to meet the confidentiality requirements prescribed in 42 United States Code section 5106a. If the court denies admission to any person, the court shall record its reasons for the denial and make this information available to the public. The court may direct any person admitted to the hearing not to disclose any information secured at the hearing. The court may require the presence of any parties and witnesses it deems necessary to the disposition of the petition, except that a parent who has executed a waiver pursuant to section 8‑535, or who has relinquished the parent's rights to the child shall not be required to appear at the hearing.
B. Any party to the hearing may request a jury and, if requested, the court shall have the matter heard by a jury.
B. C. The court's or jury's findings with respect to grounds for termination shall be based upon on clear and convincing evidence under the rules applicable and adhering to the trial of civil causes. The court or jury may consider any and all reports required by this article or ordered by the court pursuant to this article and such reports are admissible in evidence without objection.
C. D. If a parent does not appear at the pretrial conference, status conference or termination adjudication hearing, the court, after determining that the parent has been served notice and instructed as provided in section 8‑535, 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.