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Senate Engrossed
developmental disabilities; parents; guardianship |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SENATE BILL 1411 |
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An Act
amending title 14, chapter 5, article 3, Arizona Revised Statutes, by adding section 14-5318; relating to guardianship.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 14, chapter 5, article 3, Arizona Revised Statutes, is amended by adding section 14-5318, to read:
14-5318. Developmental disabilities; child preference; guardianship; appointment
A. Notwithstanding sections 14-5301.03 and 14-5305, if a minor child who is receiving services pursuant to title 36, chapter 5.1 is capable of expressing the child's preference as to who shall become the child's guardian on the child's eighteenth birthday, the child's preference shall take priority. If the CHILD and the child's parent agree that the child's parent shall become the child's guardian, the child and the child's parent shall decide to what extent the parent will be involved as guardian. If the CHILD and the child's parent disagree as to who shall become the child's guardian, the child and the child's parent shall retain legal counsel to assist in determining who shall become the child's guardian.
b. If the minor child is incapable of expressing the child's preference as to who shall become the child's guardian on the child's eighteenth birthday, the child's parent shall determine who shall become the child's guardian, including THEMSELVES, in a continual manner, without the use of an attorney and through developmental DISABILITY forms.
c. At the last scheduled developmental disability meeting between the department of economic security, the child and the child's parent before the child's seventeenth birthday, the department of economic security shall initiate the process of determining who shall become the child's guardian on the child's eighteenth birthday.
d. The department of economic security shall prescribe forms for determining guardianship on the child's eighteenth birthday and shall provide the forms to the child and the child's parents.