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Senate Engrossed
right to jury; parent-child relationship |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SENATE BILL 1587 |
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An Act
amending title 8, chapter 2, article 2, Arizona revised statues, by adding section 8-223; relating to juvenile court.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 8, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 8-223, to read:
8-223. Right to jury; jury demand and hearing; applicability
A. A party has a right to a trial by jury and that right may not be arbitrarily denied. The court shall provide written notice to all parties of the right to a trial by jury prescribed by this section. If the court fails to provide this notice, any subsequent proceedings or rulings do not have the force of law.
B. If a party believes that the party's rights have been substantially violated by the orders of the court and files a jury demand with the court within twenty days after the court's orders were filed, the court shall set a new hearing before a jury within twenty days after the demand is filed. A party may have the jury reexamine discrete portions of the court's orders without the entire case being relitigated or reexamined. For all jury trials conducted pursuant to this section, the state must convince seven of eight jurors that there is clear and convincing evidence, that is not false or otherwise fabricated, that sufficient danger exists such that the state is compelled to remove a child from the child's parents or extended family.
C. a PARTY MAY REQUEST A JURY TRIAL TO COMMENCE WITHIN THIRTY DAYS after A COURT enters an ORDER TO REMOVE A CHILD FROM THE CHILD'S HOME.
d. iF A JURY FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT THE STATE HAS SUPPRESSED EXCULPATORY EVIDENCE OR INTRODUCED FALSE EVIDENCE, THE CASE SHALL BE DISMISSED AND THE CHILD SHALL BE RETURNED TO THE PARENT OR GUARDIAN.
e. tHE REMEDIES prescribed by THIS SECTION ARE AVAILABLE ONLY TO THE PEOPLE AND NOT ANY STATE AGENCY.
f. A jury verdict is superior to a judicial order. Both a jury verdict and a judicial order are superior to a RECOMMENDATION of a state agency. tHE FAILURE BY THE DEPARTMENT TO COMPLY WITH THIS SECTION TERMINATES THE AUTHORITY OF THE DEPARTMENT OVER THE CHILD AND RESTORES CUSTODY OF THE CHILD TO THE PARENT. tHE DEPARTMENT SHALL LOSE ALL AUTHORITY TO ACT UNDER this TITLE FOR A PERIOD OF ONE YEAR.
g. This section applies to matters before the court for a preliminary protective hearing pursuant to section 8-824 or any other hearing for the termination of the parent-child relationship.
Sec. 2. Effective date
Section 8-223, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2024.