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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
jury; parental rights; termination
Purpose
Effective July
1, 2025, entitles a parent to a jury trial in a hearing to terminate the
parent-child relationship or parental rights, if a jury trial is requested.
Requires the Administrative Office of the Courts (AOC) to issue a report on
jury trials conducted for these proceedings.
Background
After a petition
has been filed, the clerk of the superior court must set a time and place for
the initial hearing to terminate the parent-child relationship. If a petition
for terminating the
parent-child relationship is contested, the court must hold a termination
adjudication hearing within 90 days after the initial severance hearing. The
court's findings with respect to grounds for termination must be based on clear
and convincing evidence, and the court may consider any and all reports
required by statute or ordered by the court, and such reports are admissible in
evidence without objection. This clear and convincing evidence standard also
applies to hearings to terminate parental rights. If a parent does not appear
at a pretrial conference, status conference or a termination adjudication
hearing, and the court determines that the parent has been properly served or
instructed to appear, the court may find that the parent has waived the
parent's legal rights and is deemed to have admitted to the allegations of the
petition (A.R.S. §§ 8-535;
8-537
and 8-863).
The required size and degree of unanimity of juries depends on the type of case being tried before the court. Beginning January 1, 2023, a jury for trial in any court of record of a civil case must consist of eight persons, and the concurrence of all but two is necessary to render a verdict (A.R.S. § 21-102).
According to the Joint Legislative Budget Committee (JLBC), assuming that 25 percent of hearings to terminate parental rights would be tried by a jury, H.B. 2177 would cost the Attorney General (AG) $1.4 million from the state General Fund and would cost the courts $4.2 million from their own funds (JLBC Fiscal Note).
Provisions
1. Requires a hearing to terminate parental rights to be tried to a jury if a parent files a written request for a jury trial before or at the time of the initial termination hearing.
2. Requires notice of the option for a jury trial to be included in the notice of initial hearing.
3. Allows one jury trial to be held for termination proceedings if a court receives multiple requests for a jury trial.
4. Requires the number and concurrence of jurors for a trial held for termination proceedings to be consistent with the limits established in statute.
5. Requires a jury trial held for termination proceedings to be commenced not later than 120 days after the initial termination hearing is completed.
6. Requires the AOC, by January 1, 2027, to review:
a) the number of jury trials requested pursuant to this legislation;
b) the number of jury trials completed;
c) the outcome and length of jury trials compared to the outcome and length of bench trials;
d) feedback from parties, attorneys, judges, juries and court staff in a jury trial case; and
e) any other relevant data or information related to jury trials and bench trials in termination of parental rights proceedings.
7. Requires the AOC to issue a report of its findings and recommendations to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Secretary of State.
8. Becomes effective on July 1, 2025.
House Action
JUD 2/14/24 DPA 6-2-1-0
3rd Read 2/22/24 31-28-0-0-1
Prepared by Senate Research
March 11, 2024
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