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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
child and family representation; appropriation
Purpose
Establishes the Child and Family Representation Program (Program) in the Administrative Office of the Courts (AOC) to ensure uniform legal representation by attorneys appointed to represent juveniles, parents and guardians during juvenile court proceedings. Appropriates $200,000 and one FTE from the state General Fund (state GF) in FY 2026 to the AOC to implement the Program. Outlines Program and reporting requirements.
Background
The court must appoint an attorney for a child in all delinquency proceedings that commence with a petition or that may involve detention, dependency proceedings or termination of parental rights proceedings that are conducted as provided by statute. The court must appoint the attorney before the first hearing and the attorney must represent the child at all stages of the proceedings and through dismissal for a dependency proceeding. If a parent or guardian is found to be indigent and entitled to counsel, the juvenile court must appoint an attorney to represent the person or persons, unless the person knowingly, intelligently and voluntarily waives counsel (A.R.S. ยง 8-221).
The Arizona Constitution authorizes an administrative director and staff to assist the Chief Justice with administrative duties. Under the direction of the Chief Justice, the administrative director and the staff of the AOC provide the necessary support for the supervision and administration of all Arizona courts. The AOC is comprised of: 1) the Executive Office; 2) Administrative Services; 3) the Adult Probation Services Division; 4) the Certification and Licensing Division; 5) the Court Services Division; 6) the Dependent Children's Services Division; 7) the Education Services Division; 8) Information Technology; and 9) the Juvenile Justice Services Division (AOC).
H.B. 2604 appropriates $200,000 and one FTE from the state GF in FY 2026 to the AOC.
Provisions
1. Establishes the Program in the AOC to collaborate with superior courts, judges and attorneys to ensure uniform, high-quality legal representation by attorneys appointed to represent juveniles, parents and guardians during juvenile court proceedings.
3. Requires the Supreme Court to employ administrative and other personnel the court deems necessary to administer the Program, including a child and family representation compliance chief.
4. Requires the Program to enhance the provision of legal representation for children and parents by:
a) assessing the provision and availability of high-quality accessible training in Arizona for counsel for children and parents and for judges who regularly hear dependency matters;
b) making recommendations to the Supreme Court concerning the establishment or modification by court rule of minimum training requirements and practice standards, including appropriate maximum caseloads, minimum responsibilities and duties and practice guidelines for attorneys who serve as counsel in juvenile proceedings;
c) auditing the practice of counsel to ensure compliance with relevant statute, court rules, other directives, policies or procedures and contract provisions;
d) filing ethical complaints against attorneys who violate the rules of professional conduct relating to the representation of children and parents in dependency proceedings;
e) working with the Department of Child Safety, the Office of the Attorney General, judges, attorneys, children and parents who have been impacted by the child welfare system to form partnerships to ensure high-quality legal representation for children and parents;
f) recommending fair and realistic compensation rates that are sufficient to attract and retain experienced attorneys to serve as court appointed counsel for children and parents;
g) seeking to enhance existing funding sources for the provision of counsel services for children and parents, as well as studying the availability of or developing new funding sources;
h) in consultation with state and national interest groups with an understanding of best practices for representing children and parents in dependency proceedings, developing measures to assess and document the effectiveness of counsel and the outcomes achieved by children who are represented by counsel; and
i) assisting foster parents, foster children, biological parents and other persons who have knowledge of an alleged violation with filing ethical complaints related to the representation of children and parents in dependency proceedings.
5. Requires the Program to report to the President of the Senate and the Speaker of the House of Representatives by June 30 annually on the measures taken to assess and document the effectiveness of counsel.
6. Requires the Legislature, beginning in 2030 and every five years after 2030, to review the Program's outcomes to determine whether the Program should be continued.
7. Becomes effective on the general effective date.
House Action
JUD 2/12/25 DPA 8-1-0-0
APPROP 2/19/25 DPA 18-0-0-0
3rd Read 2/19/25 49-9-2
Prepared by Senate Research
March 17, 2025
ZD/KS/mg