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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
right to jury; parent-child relationship
Purpose
Effective January 1, 2024, establishes the right to a trial by jury for a party involved in a preliminary protective hearing and prescribes a timeframe for when the jury trial must take place.
Background
The court must hold a preliminary protective hearing to review the taking of a child into temporary custody between five and seven days after the child is taken into custody. The court may grant a continuance not exceeding five days if it is clearly necessary to prevent abuse or neglect, to preserve the rights of a party or for other good cause shown. Persons that must be present at the hearing include the child's parents or guardian, unless they cannot be located or fail to appear, the parents' counsel, the child's guardian ad litem or attorney and the child safety worker. The court may also allow the child, relatives, witnesses and other advocates to be present if it is in the best interests of the child. The court must advise the parents of enumerated rights and make certain considerations as specified, and the parent or guardian must state whether they admit to or deny the allegations in the petition (A.R.S. § 8-824).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes that a party in a preliminary protective hearing has a right to a trial by jury that may not be arbitrarily denied, except that this right is not available to the State or any state agency.
2. Requires the court to provide written notice to all parties of the right to a trial by jury.
3. Stipulates that, if the court fails to provide this notice, any subsequent proceedings or rulings do not have the force of law.
4. Requires the court, if a party believes that its rights have been substantially violated by court orders and subsequently files a jury demand within 20 days after the orders were filed, to set a new hearing before a jury within 20 days after the demand is filed.
5. Allows a party to reexamine discrete portions of the court's orders without the entire case being relitigated or reexamined.
6. Requires the state to convince at least seven or eight jurors that there is clear and convincing evidence that sufficient danger exists to compel the removal of a child.
7. Requires the right to a jury trial to commence 30 days after the State's seizure or removal of a child.
8. Applies the provisions of this legislation to matters before the court for a preliminary protective hearing for the termination of the parent-child relationship.
9. States that these remedies are only available to the people and not to any state agency or political subdivision.
10. Becomes effective on January 1, 2024.
Amendments Adopted by Committee
1. Requires the right to a jury trial to commence 30 days after the State's seizure or removal of a child, rather than requiring a jury trial to commence within 60 days after the court has entered orders following a hearing for the termination of the parent-child relationship.
2. Requires the State, in all relevant jury trials, to convince at least seven or eight jurors that there is clear and convincing evidence that sufficient danger exists to compel the removal of a child.
Amendments Adopted by Committee of the Whole
· Makes technical corrections.
Senate Action
JUD 2/9/23 DPA 5-2-0
Prepared by Senate Research
February 28, 2023
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