Right to counsel

Key_development Question_mark

Legislation, Termination of Parental Rights (Private) - Children

Ariz. Stat. § 8-221(A) states,


The court shall appoint an attorney for a child in all ... dependency proceedings or termination of parental rights proceedings that are conducted pursuant to this title.  The court shall appoint the attorney before the first hearing.  The attorney shall represent the child at all stages of the proceedings, and in a dependency proceeding, through dismissal.


Given that the Adoption Code is within Title 8, the right to counsel in § 8-221(A) should apply to adoption proceedings.  

Under the former Ariz. Rev. Stat. Ann. § 8-221(E), the court could order the juvenile's parent or guardian to pay all or part of the costs of the attorney's services, if the court found that the parent or guardian had "sufficient financial resources."  However, this provision was removed in 2023 by SB 1197.

Appointment of Counsel: categorical Qualified: no