ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: JUD DP 6-2-1-0

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HB 2177: jury; parental rights; termination

Sponsor: Representative Payne, LD 27

House Engrossed

Overview

Entitles a parent to a jury trial in a hearing to terminate parental rights, if requested, and outlines related reporting requirements for the Administrative Office of Courts (AOC).

History

Current law allows any relative, foster parent, physician, department or private licensed child welfare agency to file a petition for the termination of parental rights on any of the following grounds:

1) the parent has abandoned the child;

2) the parent has neglected or wilfully abused the child;

3) the parent is unfit to discharge parental responsibilities due to mental illness, mental deficiency or chronic substance abuse;

4) the parent was convicted of a felony that supported the unfitness of the parent to discharge parental responsibilities, such as the murder of another child;

5) the potential father or putative father failed to file paternity claims, pursuant to A.R.S. §§ 8-106 and 8-106.01;

6) the parents have relinquished their rights or consented to adoption;

7) the child is being cared for under the supervision of the juvenile court, an out-of-home placement center or a licensed child welfare agency and specified time and reunification requirements are satisfied;

8) the identity of the parent is unknown after three months of diligent effort to locate the parent;

9) the parent has had rights to another child terminated within the last two years for the same cause; or

10) there is clear and convincing evidence that the child was conceived as a result of sexual assault (A.R.S. § 8-533).

The current process for terminating parental rights consists of a pretrial conference, status conference and a termination adjudication hearing before a court. If the parent does not appear at the proceedings after receiving proper notice, the court may terminate the parent-child relationship as to the parent who does not appear based on the record and evidence presented as provided in the rules prescribed the by Arizona Supreme Court (A.R.S. §§ 8-535, 8-537, 8-863).

In order terminate parental rights, the court must find that: 1) clear and convincing evidence establishes one or more of the grounds in A.R.S. § 8-533 exist; and 2) a preponderance of evidence supports a finding that termination is in the child's best interests (Timothy B. v. Dept. of Child Safety, 252 Ariz. 470, 2022). The preponderance of evidence standard requires that the fact-finder determine whether a fact sought to be proved is more probable than not. Clear and convincing evidence, by contrast, reflects a heightened standard of proof that indicates that the thing to be proved is highly probable or reasonably certain. (Kent K. v. Bobby M., 210 Ariz. 279, 2005).

Provisions

1. Stipulates that a hearing to terminate parental rights must be held before a jury if a parent files a written request before or at the time of the initial termination hearing. (Sec. 1)

2. Instructs the court to provide notice of the option for a jury trial when providing notice of the initial termination hearing. (Sec. 1)

3. Allows one jury trial to be held for a parental rights termination proceeding if a court receives multiple requests for a jury trial and provides that a jury trial may be held in lieu of a bench trial for all parents involved in the proceeding. (Sec. 1)

4. Specifies that the jury consists of eight jurors and requires a concurrence of at least six jurors to reach a verdict pursuant to A.R.S. § 21-102. (Sec. 1)

5. Mandates that all jury trials held regarding the termination of parental rights begin at least 120 days after the initial termination hearing. (Sec. 1)

6. States that by January 1, 2027, the AOC must review the following:

a) the number of jury trials requested and completed;

b) the outcome and length of the jury trials;

c) feedback from all parties, attorneys, judges, juries and court staff in a jury trial; and

d) any relevant information or data regarding both jury and bench trials in termination of parental rights proceedings. (Sec. 2)

7. Requires the AOC to submit the completed review of the specified factors to the Governor, President of the Senate, Speaker of the House of Representatives and Secretary of State. (Sec. 2)

8. Contains a delayed effective date of July 1, 2025. (Sec. 3)

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12.                   HB 2177

13. Initials JL/IG       Page 0 House Engrossed

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